A little more than four months ago, when The BRAD BLOG first covered the ACLU's legal challenge to the deceptive ballot language that the MN GOP state legislature had used to describe its polling place Photo ID restriction initiative on the November 6 ballot, we expressed the concern that the legal challenge might succeed before the MN Supreme Court, yet fail in the court of public opinion. At the time public opinion polls revealed that 80% of Minnesota voters favored the amendment. We were wrong on both counts.

In August, a divided MN Supreme Court rejected the ACLU's challenge to the language used in the ballot question. By late September, the once popular "Photo ID needed to stop voter fraud" scam had become well enough debunked by so many that, as we we noted at the time, support for the misleading measure in the Land of 10,000 Lakes had "cratered" in public opinion polls there. And, finally, yesterday, MN voters reportedly rejected the Photo ID amendment by a decisive margin of 54% to 46%.

In our original coverage, we cited Mark Twain's famous quip that "a lie can travel halfway around the world while the truth is putting on its shoes," and the pervasive failure of the mainstream media to expose the truth about the GOP's "Big Lie" about pretend "voter fraud." But we had underestimated the extent to which legal challenges to Photo ID and other forms of GOP voter suppression, especially in Pennsylvania, would compel MSM coverage and educate the public...

"I want to thank every American who participated in this election ... whether you voted for the very first time or waited in line for a very long time ... By the way, we have to fix that." - President Barack Obama, November 6th, 2012

From the front page of the Fox "News" website...

That said...Fox' Chris Wallace just reported he heard from the Romney campaign "who is unhappy with us for calling Ohio for Barack Obama". Karl Rove makes a case that Romney can still win Ohio, says the call by Fox is "premature". In a trip to the Fox 'News' "Decision Desk" room, Megyn Kelly is told by their statistician that there aren't enough votes out there for Romney to win. The "Decision Desk" says they are "99.95%" certain.

And then...

[Now UPDATED at bottom with comment from Philadelphia's election chief, City Commissioner Stephanie Singer .]

Okay, this one is quite troubling. It's being reported that long time voters in Philadelphia have been showing up to vote today, only to find out that they are not on the voting rolls anymore at all.

In the bargain, "large numbers" of voters are being forced to vote on provisional ballots which may, or may not be counted later.

This is beyond the reports we've seen all day of voters being forced to vote provisionally after inaccurate instructions that they must have a Photo ID to vote. These are long time voters, who have voted for many years in the same place, simply missing from the rolls.

Does this indicate a larger problem than we can even know about yet in Pennsylvania? Here's the details...

Luckily, it's "only" Florida.

More than 12,500 voters received robocalls this morning from the Pinellas County, FL Supervisor of Elections office, letting them know that the deadline for turning in their absentee ballot was "tomorrow", the day after the election. Unfortunately, the real deadline for turning in absentee ballots is 7pm today, Election Day, Tuesday, November 6th.

Pinellas County is home to Tampa and St. Petersburg. So here's why this monumental screw-up, presuming that's what it was, seems to have happened...

We just posted an item about the Rightwing's pretend "non-partisan" "election integrity" group True the Vote having forged the names of its own volunteers in Franklin County, OH where they have now been barred from participating in poll-watching.

Now we see this from the Houston NAACP [PDF]...

The Houston Chronicle picked up the story today as well.

Well, imagine that, the very first reported fraud of Election Day 2012 appears to have been committed by the supposedly anti-fraud, Rightwing "election integrity" group, True the Vote, in Ohio. Their election observers poll-challengers, as Plunderbund reports, "will not be allowed in Franklin County polling locations" today after they appear to have forged signatures of their very own volunteers...

This seems to be the first official video of touch-screen vote-flipping 2012, reportedly captured today in Pennsylvania, where elected officials so disrespect their own voters that they still force almost all of them to vote on these 100% unverifiable systems...

Congrats, and thank you to the voter who was wise enough to capture the problem on his video cell phone! He described the problem this way on the YouTube page where the video was posted:

Of course, this same sort of thing has happened every single election since 100% unverifiable touch-screen voting was forced on Americans ten years ago or so, but when it was first heavily reported by Democrats as having happened in 2004 all across the country, Republicans (and elections officials of all parties) called them "conspiracy theorists" and sore losers. Here's just a couple of examples caught on video from 2008. I've even written an entire chapter for Sonoma University's Project Censored book, Censored 2010, about the largely unreported nationwide vote-flipping epidemic during the 2008 election.

This year, it's been the Republicans who have finally decided, wisely, to be concerned about it. Last week, the GOP sent a letter [PDF] to top election officials in six different states, offering bad advice to them about what they should do, after a few unconfirmed complaints of touch-screen votes flipping from Romney to Obama were reported.

We briefly reported on the matter a few days ago this way:

Fortunately, it's being reported that the machine seen above has been taken out of service, rather than re-calibrated as so often happens, and as the GOP stupidly requested be done in such instances.

[Update: Mother Jones is now reporting that PA Dept of State officials are saying "they recalibrated the machine, did a test run, and put it back online." That's the dumbest thing they could do. Wonder who "fixed" it?]

All of that said, last night we offered several tips for voting today in ways that might help maximize the chances of your vote being counted and counted accurately. We included these quick tips on WHAT TO DO IF YOUR VOTE FLIPS ON A TOUCH-SCREEN MACHINE:

First and foremost:

• If you have problems or see problems at the polls, be sure to report them to 866-OUR-VOTE, or at OurVoteLive.org!

• Catch any problems at the polls on photo or video? Upload it to YouTube and social sites, and tell VideoTheVote.org! Also tag it with the #VideoTheVote hashtag.

• Be at the polls when they close and photograph and video tape the results tapes that are printed out from electronic systems. Results have a way of changing between the time they're printed out at the close of polls and the time they show up on the web. Your photographic evidence could help save an election!

• Watching results on the web throughout the night? Take screenshots, save them as you go, and include a timestamp in the filename when you do. Those web results also have a way of changing, sometimes in the wrong direction, throughout the night. Your evidence could help save an election!

Vote on a Paper Ballot!

• In some places, it may be too late to vote on paper ballots. In others, know your rights and whether you are entitled to vote on a paper ballot if you wish, even if they try to direct you towards an electronic voting system. For example, in OH and CA every voter may vote on paper if they wish and if they know to ask for one. So (politely) demand a paper ballot! Check with your County Clerk or Sec. of State if you're not sure.

• A touch-screen system with a little paper printout is NOT a paper ballot! Those paper printouts are never counted and your vote will be 100% unverifiable, like Barack Obama's foolishly was. We made this short toon to explain that point quickly in 2008, so let's roll it out once again...

If You Must Vote on Touch-Screen and Your Vote Flips...

• Try to capture it with your cell phone camera
• Call poll supervisors to observe the problem.
• Fill out a problem report.
• Refuse to vote on that machine.
• Request that the machine be taken out of service.
• Get the serial number of the machine if possible (may be difficult in some cases).
• Tell other voters in line which machine it was and that they should NOT vote on that machine!
• Report it to county/town election office.
• Report it to the Secretary of State.
• Call local reporters and tell them the story.
• Call 866-OUR-VOTE and tell them.
• Contact bloggers and Election Integrity websites.
• Raise holy hell.

Other Useful Stuff to Keep in Mind

• Make sure you have the exact type of ID you'll need to be able to vote before you leave for the polls. If you're unsure what type of ID is needed, check with your Sec. of State or County Clerk.

• Be prepared for disgracefully long lines, particularly in swing states. Your vote definitely won't get counted, much less accurately, if you leave the line before voting.

• If you're challenged by a pollwatcher, take their picture with your cell phone, get their name, and then report it to 866-OUR-VOTE. But do NOT leave without voting, at the very least on a provisional ballot. But try to vote on a normal ballot, not a provisional ballot, if you possibly can.

• If you're in line when the polls close, you still get to vote. Period.

• Help others stay in line. If you can offer water, folding chairs, a snack, etc., to those in line fighting to cast their vote, you're doing a great public service for what's left of our democracy.

• Share this list and/or this blog item with others. Print it out, share it via social networks, etc. to help spread the word.

Election protection begins with you! Good luck! You may need it!

Got any more advice we should add to this list? Let us know in the Comments section...

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...

Here come the dirty tricks. This one courtesy of Ohio's Plunderbund...

Plunderbund also offers additional smart advice on what to do in the event this may happen to you, including "getting as much information as possible about the person at your door. Ask for their identification and get a picture with your cell phone if you can."

[This article has been cross-posted by Salon...]

Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as "uncertified 'experimental' software patches" being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties which service more than 4 million voters Buckeye State voters.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted's office and ES&S, the nation's largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as "High-level enhancements to ES&S' election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File."

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio's tabulator systems. The memo claims that "its function is to aid in the reporting of results" by converting them "into a format that can be read by the Secretary of State's election night reporting system."

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to "halt the use of secretly installed, unauthorized 'experimental' software in 39 counties' tabulators". Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as "a flagrant violation of the law."

[Update: Details and documents from that lawsuit now here...]

"Before you add new software, you need approval of a state board," says Arnebeck. "They are installing an uncertified, suspect software patch that interfaces between the county's vote tabulation equipment and state tabulators." Arnebeck's alarm is understandable.

Since the story initially broke, I've been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I've also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State's office have gone unanswered, as had Fitrakis' and Bello's before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn't respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

I'd like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday's election --- in which Ohio's results are universally believed to be key to determining the next President of the United States --- preclude that.

So, based on the information I've been able to glean so far, allow me to try to explain, in as simple terms as I can, what we current know and what we don't, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don't know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted's office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they've given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am...

South Florida, this weekend, 2012...

This is just shameful. Embarrassing for the entire nation. Again. How FL Governor Rick Scott and Ken Detzner, both Republicans, sleep at night I cannot imagine. That, even after both of their Republican predecessors, Governors Charlie Crist and Jeb Bush had the decency to extend early voting hours when lines began snaking around the block in previous years (and we've never had much good to say about Jeb Bush's administration of elections!)

Scott cut Early Voting from 14 days in 2008 to just 8 days this year in the Sunshine State because, apparently, there was just too damned much voting and democracy and stuff going on in 2008.

As Scott refuses to budge, despite the hours-long lines to vote --- as much as 6 hours in many places --- Democrats have been forced to go to court to sue for expanded Early Voting hours at the last minute, as Lizette Alvarez details at New York Times. A judge has already granted four additional hours in one county, after Early Voting had to be temporarily stopped there for a number of hours due to a suspicious object, which had to be detonated by the bomb squad, was left at one of the polling place. But, ultimately, the suits will most likely be too little, too late at this point.

This all comes on the heels of Scott severely restricting voter registration drives, attempting to even further restrict Early Voting hours, and falsely attempting to purge legitimate voters over the past year and, as we noted yesterday, even purging active duty military voters from the rolls in the bargain.

Last night, in a special Saturday broadcast, MNSBC's Rachel Maddow detailed this weekend's Florida disgrace...

Be sure to notice the scenes --- documented in photo after photo, at Early Voting polling place after polling place in the video above --- of lines around the block with people trying to do nothing more than simply cast their vote in the Presidential Election in Florida. Imagine how many voters saw those lines and simply decided not to bother, or were too elderly or infirm to be able to stand there for six hours.

Well, at least it's not like Florida is a state with a history of close elections, or one that's expected to be close at all this year. Most importantly, remember: "We are the world's greatest democracy", right?

Oh...and as Ari Berman has been reporting from on the ground, in Ohio, where Republican Sec. of State Jon Husted has similarly attempted to restrict as much Early Voting as possible, the problems at this hour are not much better.

Cuyahoga County, Ohio, this weekend, 2012...

Columbus, Ohio, this weekend, 2012...

And here are still more breathtaking photos of Early Voting lines in Ohio. I can't express enough my respect for those folks who are able to endure 6-hour lines to vote. Neither can I even imagine how countless-many simply choose not to.

[This article cross-posted by Salon...]

Since both before Superstorm Sandy hit, and after, we've been reporting on concerns in states where voters are forced to vote on electronic voting systems on Election Day and, thus, could be kept from being able to cast a vote at all in this Tuesday's Presidential Election should power be unavailable at polling sites.

We've noted that voters simply cannot cast a vote at all on such systems when the power is out, and that it's just one more reason why no American should ever be forced to vote on the 100% unverifiable voting systems, incredibly, still in use across most of states such as New Jersey, Pennsylvania, Maryland, Virginia, West Virginia and parts of Ohio which were all hit hard by the storm, along with New York, Connecticut and elsewhere.

We've got a bit of good news to report today, for some of the voters whose ability to vote at all has been imperiled by this inexcusable, completely foreseeable failure by public officials who have long ago been warned about this possibility and yet refused to do the sensible thing and move to a verifiable paper ballot system to avoid it.

The news is more encouraging in states like NY and CT, where officials respect voters enough to allow them all to vote on paper ballots, even when natural disasters haven't struck...

Way to go, Florida GOP! Now you've disenfranchised overseas active duty military members too, according to Tampa's CBS affiliate 10 News...