[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...

[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...

WTF?! 200,000 votes?!

Of course, this is just one of the reasons why we always encourage candidates to not concede on Election Night...

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...

• ANDY WORTHINGTON, British journalist, historian and author of The Guantanamo Files: The Stories of the 759 Detainees in America's Illegal Prison on Obama's two different Americas in regard to national security
  issues and the trials of alleged terrorists held (forever?) at Gitmo.
• DEREK BRETT & SUSAN PYNCHON The attorney (Brett) and election integrity adovcate (Pynchon) from Florida Fair Election Coalition on a remarkable election contest [PDF] --- including serious evidence of both election fraud and Diebold op-scan mistabulation --- just filed in Osceola County, FL.
• PLUS: Tom DeLay found GUILTY today and much more to be thankful for from today's news, plus your calls at 877-520-1150 and tweets to @TheBradBlog!...

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.

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

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...

Via Politics Daily...

Good for Minnesota! Great to see that somebody in this nation still believes in actually counting ballots in a democracy!

Short of counting them publicly, by hand, at the polling place, on election night, in front of everyone, including video cameras, with results posted at the precinct before ballots are moved anywhere, MN has previously shown itself to have one of the best, most transparent sets of procedures in the country for publicly hand counting all of their paper ballots (all of their ballots are paper ballots, thankfully.)

They do all of the above in close races which trigger hand counts. By necessity, they happen at central locations instead of at the precincts, obviously, so questions of chain of custody can still arise to introduce doubt into the process. From what I can tell, however, as based on the superb Franken/Coleman '08 U.S. Senate hand count, their chain of custody procedures are also very good and so the entire process is about as open and transparent as could be asked for in such a case.

For that, the state also owes no small debt of gratitude to Sec. of State Mark Ritchie for his expert, transparent, non-partisan work in overseeing such counts --- at least if the last big one was any indication --- in such a way that when they're over, the winner and their supporters know they've really won, and the loser and all but their most dishonestly misinformed supporters know they've lost. That's what democracy is supposed to be about it. In Minnesota, happily, it still is.

Via Huffington Post...

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...

"Our campaign had an undeniable, unmistakable message," he told his supporters during his victory speech on Election Night, "and that message could be summed up in three words, three words which were on every one of our 4 billion highway signs: 'stop voter fraud.'"

"And now that clear message becomes transformed into a clear mandate," Kansas' Secretary of State-elect Kris Kobach (R) told his fans that night, promising "significant reforms" to the state's election system. Answered with cheers in the Topeka ballroom Kobach promised: "We are gonna have Photo ID at the polls."

As he stated himself, Kobach's campaign was almost entirely built on the promise of putting a stop to the state's out-of-control (and also, non-existent, but ssshhh, don't tell anybody) "voter fraud" epidemic. But now that the election's over, he's having trouble identifying any actual instances of the horrible scourge he helped trick Republican voters into believing actually existed.

Talking Points Memo, who has done a bang-up job of keeping tabs on Kobach's duplicity over the past year, caught up with the SoS-elect yesterday after he spoke on a "civil rights" panel at the Federalist Society's National Lawyers Convention and asked him how the hunt is going.

He, um, had trouble actually citing any evidence of voter fraud since, as of now, he "hadn't heard of any." "There have been a few cases where I've heard allegations of voter fraud," he says, "but we're just a few weeks out from the election."

No doubt, the evidence will come rolling in soon. The only question is will it come in before or after Kobach and his anti-democracy GOP cronies enact disenfranchising Photo ID restrictions at the polling place, as promised, despite the fact that such laws have been shown time and again to keep millions of legal minority, elderly, and student (read: Democratic-leaning) voters from being able to cast their ballots.

Here's TPM's short video interview with Kobach in which --- just in case you hadn't any doubt about the bankruptcy of his claims --- he also alludes to the long-discredited Rightwing scam-artist/"voter fraud" fraudster John Fund, whose book on "voter fraud" has, itself, been debunked as a fraud over and again...

- 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...

[Now UPDATED with audio archives...Enjoy!...]

I'll be sitting in for Mike tonight again on to guest-host the nationally syndicated Mike Malloy Show.

As we are wont to do, we'll be BradCasting LIVE, 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 as usual during the show, 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...

• Mid-term election disaster wrap-up, suppression and scams from NC to UT to AK; the phony Right/Left paradigm in our media; false equivalency in that phony paradigm; Jon Stewart's sanity; Democratic cowardice; how we got here and what the hell to do about it. (Is that enough for ya? If not, we'll also have...)
• JASON LEOPOLD, Deputy Managing Editor of Truthout.org and author of News Junkie (in studio with us!) on the failure of the DoJ's special prosecutor to bring charges for the destruction of 92 CIA interrogation tapes. That, and the madness of all things Bush Resurgent of late!
• PLUS: whatever else we all feel like covering from today's news with your calls at 877-520-1150 and tweets to @TheBradBlog!...

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.

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

POST-SHOW UPDATE: Audio archives are now posted below (and the chat room archive below those, if you like.) We'll be back filling in for Mike during Thanksgiving week. Thanks, guys!...

I'm prepping for tonight's Mike Malloy Show which I will be, once again, guest hosting this evening (9-Mid ET / 6-9p PT, with listen links and live chat right here at BradBlog.com later), but took a short break to chat with Shannyn Moore on Alaska's KUDO about the state of the state's elections right now as the Joe Miller and Lisa Murkowski campaign's duke it out in regard to counting (or not counting) write-in ballots from the U.S. Senate race.

As we discussed, there is, of course, every reason to be concerned about Alaska's horrible, error-prone Diebold system. Here's just one such reason that we discussed. As well, after Murkowski announced her write-in bid last August I wrote about how the race is likely to test the oft-failed system they use up there.

As predicted, the fight for oversight and reconciliation of the results is on right now, and the Miller camp has brought in one of the great Rightwing extremists, Floyd Brown (he of the Willie Horton ads, Obama "birtherism" and much more) to take the lead in the campaign's fight for oversight.

Where Brown is inappropriately suggesting "voter fraud" without evidence to back it up, he is exactly right in calling for the right for the campaign to be allowed to reconcile the poll rosters to determine if the lower-than-expected number of ballots so far tabulated are, indeed, accurate. To that, I'm more than happy to support his efforts or any other citizens who want to fight to try to ensure their elections are being counted accurately and transparently.

Shannyn and I discussed all of the above and more for about 30 mins or so. Here's that discussion:

Download MP3, or listen online below...

UPDATE 11/13/10: Jeanne "AKMuckraker" Devon has more on the developing sitch up there, all the strange bedfellows tucking themselves in, and this hilarious admission: "So, it is with a whiplash-addled heart that I commend…. (pauses for a shot of vodka)… that I say kudos to (mops brow)… that I agree with (deep breath)… Joe Miller."

UPDATE 11/17/10: Joe Miller now suggests his campaign may call for a complete 'hand count' of all ballots. A detailed analysis of Alaska's recent history of impossible election results and it's oft-failed Diebold tabulators suggest Miller would be performing a service to all voters with such a full, transparent reconciliation. Details now here...

"did anyone else have to swear on a bible that their address was correct before they were able to vote? just wondering, because i did," Philadelphia voter Lindsay Granger wrote on her blog after voting in last Tuesday's mid-term election. "i had to lay my palm on the good book and state my name and address before i was allowed to sign my name in the voting log and enter the booth. they called it an affirmation. i call it creepy… and a little offensive…"

Granger notified VotersUnite.org last week after the incident which, she told the non-partisan election watchdog organization, made her "extremely uncomfortable because i'm not a Christian, and when i brought that up I was told to do it anyway."

In her blog item, Granger, an African-American, admitted to being "hypersensitive" given "the historical context of black people voting in america".

When informed of the incident, Bob Lee, the Voter Registration Administrator for the Philadelphia City Commissioners, confirmed to The BRAD BLOG that Bibles are, indeed, included in the package of election materials provided to each polling site, but says no such oath is required before casting a vote.

The incident reportedly took place at Philadelphia's Ward 15, Division 01 polling place at Trinity Baptist Church on Poplar Street. It was Granger's first time voting at that precinct after having moved recently from another area in the city.

Lee conceded that, based on Granger's description of the incident --- which he hadn't heard about until we contacted him for comment --- it sounded like the election board at the precinct "needs some training"...

As long ago as October of 2007 we offered an article headlined "How is It That Barbara Dunmore Still Has a Job?" As of tonight, Dunmore, the now-former Riverside County, CA Registrar of Voters, doesn't have one anymore.

We've described Dunmore, over and again throughout the years, as "an unmitigated disaster" and "among the worst Registrars in the nation". And now she's finally been put out of the misery of the voters of Riverside, the first county in the nation to go to 100% touch-screen voting in 2000.

The $30 million bust of an investment into unsecure, oft-failed, easily manipulated, completely unverifiable touch-screen systems made by Sequoia Voting Systems was carried out by her predecessor Mischelle Townsend (who would famously say, on camera nonetheless, "Electronic touch-screen ballots are 100% accurate. We've not seen a single example in which their accuracy can be disputed."), but Dunmore succeeded over the years in doubling-down on Townsend's horrible decisions and consistently anti-voter policies....

No worries. The election officials in Stark County, OH say the Diebold touch-screen vote-flipping, as captured on iPhone video by voter and University of Akron freshman Ian Sanderson on Election Day last week, was just "an isolated incident"...

In 2007, Ohio's current Sec. of State Jennifer Brunner, a Democrat, commissioned the largest independent scientific review of electronic voting systems the nation has ever seen. That report, known as EVEREST, resulted in her recommendation that use of all touch-screen voting systems be discontinued in every county in the state. Nonetheless, election officials in counties like Stark have so much contempt for voters that they persist in forcing them to use these 100% unverifiable, oft-failed, easily-manipulated systems a full three years later.

Last Tuesday, the Buckeye State reportedly elected Republicans once more to the offices of both Governor and Secretary of State. Should be another fun Presidential Election there in 2012, eh? Unless, of course, the Republicans were serious about the concerns they expressed, largely for the very first time this year, about e-voting systems like the one seen flipping votes above.

Prior to Election Day we saw reports in Texas, in Nevada and in North Carolina of Republican votes flipping to Democrats or other candidates during the early voting period. The NC GOP claimed to be so outraged by the reports that they filed (and won) a lawsuit suit after one of their attorneys even went so far as to suggest "the touch screen systems should be been banned."

Even the Republican Party's Fox "News" managed to run a story on problems with e-voting systems without even mentioning the phony "voter fraud" canard once!

Well, good news for Republicans! As of January, they will be the majority party in the U.S. House of Representatives! If they really want to ban unverifiable touch-screen voting systems like the ones that failed this year in NC, TX, NV, OH and elsewhere, they've got their big chance! Democrats failed to do so over the last four years, so we'll be looking forward to the Republican legislation calling for exactly that come January, right?

Video coverage of the incident from Akron's ABC affiliate WEWS 5 follows below...

From suburban Illinois' Daily Herald...

Local GOP officials in heavily Republican DuPage County say charges that Moretti's presence for hours in front of a heavily-Hispanic polling place wearing an "ICE" cap amounts to any kind of "intimidation" are baseless. Of course, this is the same county where the far Rightwing Republican Party operative, Dan Curry, who runs a blog called ReverseSpin.com is actually paid $3,000 a month by tax-payers [PDF] to serve as Public Relations director for the shamelessly partisan county Election Commission, as we described to the editors of the Naperville Sun following one of Curry's hit pieces on behalf of the Commission in 2008.

The issue also serves to put a long-manufactured and ginned-up Republican/Fox "News" charge of "voter intimidation" from 2008 in an interesting new light.

Here's the GOP's remarkable response to the charges of "intimidation" by Moretti in the Daily Herald...

Dan Wallach of Rice University was one of the computer scientists who worked on California's landmark 2007 "Top to Bottom Review" of the state's electronic voting systems. He's also a voter in Harris County (Houston), TX where a fire destroyed all 10,000 of the county's 100% unverifiable voting systems just a few weeks before the start of early voting.

His report on his personal experience at the polls on Election Day, where the county was forced to have paper ballots on hand this year as they scrambled to find enough borrowed e-voting systems (for some stupid reason) to replace their destroyed ones, is well-worth reading. It begins this way...

Wallach goes on to describe how difficult it was for him to actually get a paper ballot, despite their availability at his polling place this year, and how, even after various difficulties towards that end, he was still able to complete his vote before his wife, who chose to vote on the unverifiable, virus-prone e-voting system...

His report, particularly given his intimate, expert knowledge of the voting systems that most Houston voters were strongly encouraged to vote on, is, as noted, well-worth reading in full...

Oh, and by the way, where is all the evidence of that "massive Democratic voter fraud!!!" we were breathlessly told by the Houston Republican gr ... er ... I mean independent "Tea Party" group in Houston was scheduled to occur this year (in minority areas, naturally)?