For the first time since the bulk of votes were tallied in Virginia on Election Night last Tuesday, the Democratic candidate for Attorney General, state Sen. Mark Herring appears to now have taken the lead over Republican state Sen. Mark Obenshain in the razor-thin results of more than 2.2 million votes cast.

Herring just barely leap-frogged Obenshain's totals on Monday afternoon after tallies from a voting machine in the city of Richmond --- the results of which had been previously missing from official tallies since Election Night --- were added to the running totals. The addition of 190 votes from electronic voting machine #3791, plus a few other votes from seven other precincts re-reviewed by Richmond City's Electoral Board on Monday, resulted in what now appears to be a 115 vote lead for Herring over Obenshain.

While the results posted by State Board of Elections (SBE) do not yet reflect that change in the state tally (showing, instead, a 17 vote lead for Obenshain for now), a number of election experts following and closely documenting the post-election canvassing and correction of vote tallies from across the state have confirmed Herring's new lead. Those experts have been consistently and accurately ahead of the SBE in reporting results in many cases over the past week.

[Update, 9:50pm ET: The SBE website now shows Herring up by 117, as predicted. The extra two votes were from provisional ballots added to the tally in Montgomery County.]

Ironically, the review of the poll tapes printed out by the tabulation computers from eight different precincts in very-heavily Democratic-leaning Richmond City today, came at the request of the Republican Party...

As of late Saturday, just 55 votes separated the Democratic candidate from the Republican in the Virginia Attorney General's race, according to the State Board of Elections (SBE) website. 55 votes out of more than 2.2 million cast after four days of canvassing, double-checking and processing a number of provisional ballots cast across the state during last Tuesday's election.

The state's 55 vote spread, however, is still larger than the margin cited by the election geeks who have been following this race on a county-by-county and often precinct-by-precinct (even ballot-by-ballot) level. And they have been consistently and correctly ahead of the SBE-posted numbers. One of them, Virginia political expert and self-identified "vicious campaign insultant," Ben Tribbett declared just a 15 vote margin earlier Saturday, after the spread had been just several hundred over the last few days. Late tonight, after a few more provisionals were tallied in the City of Richmond, Tribbett adjusted his tally to a 44 vote margin.

Another one of those geeks, Dave Wasserman of the non-partisan Cook Political Report, predicted Friday night on Twitter that, after all provisional ballots are added in, "this thing could be single digits." It looks like he wasn't kidding.

For what it's worth, it's the Republican state Sen. Mark Obenshain currently leading the Democratic state Sen. Mark Herring by either 55 votes or 15 votes or somewhere in between right now. But there still remain between 400 and 500 provisional ballots to be adjudicated and possibly added to the totals in heavily Democratic-leaning Fairfax County as of Saturday night, according to Michael McDonald, a specialist in American elections at George Mason University in Fairfax.

Indeed, it was a surprise edict concerning provisional ballots, as issued by the Republican State Board of Elections, that stopped the Fairfax County Electoral Board dead in their tracks on Saturday before they were able to adjudicate all of the county's provisionals as previously planned.

All of this, before a likely "recount" --- of 100% unverifiable touch-screen votes in most VA counties and, barring a court order, no more than a computer re-scan of most of the paper ballots in the others --- that is almost certain to be requested by whichever state Senator named Mark finds himself "the loser" of the final canvassed tally as of midnight, Tuesday, November 12th, the deadline for certification of the election...

On Thursday night, we explained as much as we could figure out about thousands of seemingly "missing" votes suddenly "discovered" in the incredibly close Attorney General's race in Virginia between Mark Obenshain (R) and Mark Herring (D).

Some 2.2 million votes were cast on Tuesday in the contest, yet just a few hundred (depending on what time of day one checked, as tallies were being canvassed and double-checked and corrected from around the state) separated the two on Thursday. Obenshain was said to be in the lead, according to the State Board of Elections (SBE) website, by a few more than 700 votes at night's end.

That's when several election porn geeks --- like Dave Wasserman of Cook Political Report and Ben Tribbett --- who had been combing over the results for the past several days, confirmed with elections officials an unusually low rate of absentee votes in Congressional District 8 in Fairfax County, VA. If accurate, it would have been the lowest return rate for absentees in the state, and it was considerably lower than adjacent districts in the same county. Fairfax leans heavily Democratic and, if absentee ballots were cast at the same rate there as other districts in the county, Wasserman and Tribbett concluded, there were about 3,000 votes unaccounted for in the SBE tallies. Those "missing" votes, if tallied, would be enough to give Herring the lead and, potentially, the first AG victory for a Democrat in the state in twenty years.

So what happened to those 3,000 or so absentee votes? Why were they seemingly 'missing' from the tally? By late Thursday, one of the Republican officials on the Electoral Board, Brian Schoeneman, said he was "convinced now too that there is an issue" and promised to "figure this out". Late late Thursday night, Wasserman had received an email from Fairfax County General Registrar Cameron Quinn acknowledging that VA08 totals were "in error" and that she suspected "machine totals that either didn't print tapes, or didn't show full tallies on the tapes." She said that the Electoral Board would "make figuring out what happened the first order of business in the morning" on Friday.

Unlike much of the state, which votes on 100% unverifiable touch-screen systems, Fairfax, the largest single voting jurisdiction in the state, uses paper ballot optical-scan systems made by Diebold. Those same systems --- as we described last night --- have a long history of failure, including dropping entire stacks of votes from the totals without notice to the system administrator. Could that be what happened?

Well, there were a few more twists and turns today, as the Fairfax County Electoral Board attempted to figure out what had gone wrong with their tallies, and as other counties wrapped up their canvass of the election. The Board plans to meet tomorrow to offer their official findings (their full statement below), but the only thing we know conclusively for the moment, is that one of Wasserman's tweets this afternoon was absolutely correct:

"Folks, I've been neck deep in MS Excel for 3+ days & I'm ready to make a projection," he said. "The next Virginia AG will be...Mark"...

We reported yesterday on the incredibly close race for Attorney General in Virginia. With more than 2.2 million votes cast, the margin between Mark Obenshain (R) and Mark Herring (D) has been within a few hundred votes since Election Night on Tuesday.

Within the last few hours, an unexplained discrepancy has been discovered by those combing over the reported numbers in Fairfax County. The county leans heavily Democratic and, unlike much of the rest of the state which uses 100% unverifiable touch-screen, Fairfax uses optically-scanned paper ballots for its main vote tabulation system.

After Democrats reportedly won both the Governor and Lt. Governor races, only the AG's remains undecided at the top of the ticket. For the last 24 hours or so, the Republican Obenshain has been leading during the canvassing of ballots by about 700 votes, as absentee and provisionals are tallied and doubled-checked.

But now, thanks to some smart detective work by both a Democratic political team in Fairfax County and by Dave Wasserman of the non-partisan Cook Political Report, the fortunes for the Democrat candidate Herring may just have taken a big turn, even as a new mystery is added to the equation...

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IN TODAY'S RADIO REPORT: ELECTION 2013: the first climate election? Climate science denier Ken Cuccinelli defeated in VA; Local races with big environmental impacts for the country; PLUS: We're goin' the wrong way!!! Greenhouse gas emissions rise to record levels... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Fukushima cleanup enters dangerous phase; Western black rhino now extinct; Fossil fuels get $500B annual subsidies; China solar panel makers invest in solar farms; New investment project for North Africa solar; Whopping CO2 footprint for Australian coal mines; Debating 'Pandora's Promise'; PA gives fracking industry $1 billion; ExxonMobil fined $2 million for AR pipeline spill ... PLUS: It's time to adapt to unstoppable climate change, say scientists ... and much, MUCH more! ...

This week on the KPFK/Pacifica Radio BradCast, I was joined by Eric Boehlert of MediaMatters.org to discuss: a) The serious questions about CBS' 60 Minutes "train wreck" on Benghazi and the media's dreadful double-standard in comparison to the reaction to the Dan Rather/George W. Bush Air National Guard story from 2004 b) Media failure in reporting on "Obamacare" c) The double-standard at Fox "News" in covering the alleged "pissed-off patriot" who shot up LAX Airport last week and d) Rand Paul's plagiarism disaster.

Then, I was joined by the great Howie Klein of DownWithTyranny.com and the Blue America PAC to discuss the various progressive victories from Tuesday's elections (and a few of the failures), as well as concerns about the still incredibly close, 100% unverifiable Attorney General race in Virginia and its likely "recount".

Plus, Desi Doyen joined us as usual for the latest Green News Report. Enjoy the show!

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[This article now cross-published by The Progressive...]

As of today, following yesterday's off-off year Election Day 2013, the race for Virginia Attorney General is still uncalled by the media, and for good reason. Out of some 2.2 million votes cast in VA yesterday, the Democratic candidate for AG, Mark Herring and the Republican candidate, Mark Obenshain are now reportedly just a hair's breadth apart.

Depending on whose numbers you look at, as of 2p ET this afternoon, Obenshain is reportedly ahead by either 965 votes, according to the State Board of Elections (SBE), or by 286 votes, according to AP (which was often well ahead of the SBE numbers during reporting of results last night), with all precincts now said to have been accounted for in unofficial results.

The last numbers I had seen before going to bed last night at around 4am ET, showed Herring up over the Republican by 616 votes, but there were still said to be about 4 precincts out at that time, according to AP. The SBE's numbers had several more precincts unreported at that hour, as it looks like they had knocked off for the night several hours earlier.

Given the tightness of these reported numbers, and the fact that Republicans are certainly hoping to deny Democrats of a "clean sweep" win last night (the Ds took both the Governor's and Lt. Governor's race), a Commonwealth-wide "recount" is almost certain in the Attorney General's race. Current AG, and last night's failed Gubernatorial candidate Ken Cuccinelli will likely oversee that "recount," as luck would have it.

But a "recount" in VA, may offer much less than one would think. So, here's why I put the word "recount" in quotes. This is what the map of Virginia looks like, courtesy of Verified Voting's 2012 database, as identified by types of voting systems used across the state...

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These tweets are from Col. Morris Davis, the former Chief Prosecutor at Gitmo, on how things went for him today as he was trying to vote in Virginia...

Took 4 tries to vote for McCauliffe. I'd touch his name but it would mark Cuccinelli. Had to touch above the name to get mark in right box.

— Col. Morris Davis (@ColMorrisDavis) November 5, 2013

Voting prob: Screen had McAuliffe w/aspirin size bubble then Cuccinelli. 3x touched M, checked C. 4th touched very top of bubble & got M.

— Col. Morris Davis (@ColMorrisDavis) November 5, 2013

In another tweet, Davis notes that he "voted in Buckland Precinct in Prince William County, Virginia," and then noted to others that he "Hope[s] voters will double check their ballots before pushing submit to make sure they're right."

Good advice, of course. But, unfortunately, given the 100% unverifiable touch-screen voting systems used in Prince William County (and across much of Virginia and most of New Jersey), even checking the onscreen "ballot" for accuracy is no guarantee that the vote will be counted accurately, or even at all, unfortunately.

The same is true on systems that have so-called "paper trails" that print out for voters to examine before "casting" them. (On those systems, the "Voter Verifiable Paper Audit Trail" or VVPAT, is largely to make the voter feel better, somehow. In truth, those "paper trails" are almost never actually tallied. The internal computer numbers are used instead. And, even if the VVPATs were to be tallied by humans, there would be no way to know for certain that they actually reflect the intent of any voter.)

For the record, Prince William County uses touch-screen systems made by Sequoia Voting Systems, which is now owned by the Canadian firm Dominion Voting. To get an idea of the many problems and concerns over the years with Sequoia touch-screen systems, see this article detailing the day that Barack Obama early voted on one of them in Chicago last year. Those are also the same systems which managed to flip Oprah Winfrey's Presidential vote back in 2008. (The Obama piece also includes links to our articles detailing things such as Sequoia's "yellow button" on the back of each touch-screen system which, if pressed correctly, as an election official explained to us back in 2006, allows a voter to "vote as many times as you want. You won't ever have to stop until someone physically restrains you from voting.")

[Update: VA voter David Hutchinson reports similar problems with touch-screen flips today in BRAD BLOG comments below.]

Want to maximize the possibility that your vote will be counted and counted accurately? Try to vote on a hand-marked paper ballot where available. We were told today that, for the first time, some locations in Virginia are allowing voters to vote on paper if they like, though Charlottesville, VA voter David Swanson reports than when he voted at the precinct today, "Most people chose not to."

Of course, paper ballots are also almost always tallied by computers, instead of humans, so those are causing big problems for voters as well today...

[This article now cross-published by The Progressive...]

Former U.S. House Speaker Jim Wright (D) was denied a Photo ID for voting purposes in Texas over the weekend by the state's Department of Public Safety (DPS).

The 90-year old Wright, who is lucky enough to have an assistant to drive him to and from the DPS office, says that while he believes he'll be able to get an ID in time to vote in this Tuesday's election, he's concerned the state's "unduly stringent requirements on voters" will reduce turnout.

According to the Star-Telegram, Wright's driver's license expired in 2010 and --- because he no longer drives --- he didn't bother to renew it. That expired license, he learned Saturday, is not good enough to obtain a Photo ID to vote under the law TX Republicans passed in 2011. That law will be in effect, for the first time, on Tuesday. The state statute had previously been nixed just last year by the U.S. Dept. of Justice and by a 3-judge federal court panel after being found discriminatory, in violation of the Voting Rights Act (VRA), as based on statistics supplied by the state itself.

Thanks to the U.S. Supreme Court gutting a key provision of the VRA over the summer, however, Texas announced the law would finally be enforced for the upcoming election.

Wright is hardly the only well known figure to be stung so far by the Lone Star State Republicans' purposely disenfranchising law. And the hoops that many voters --- even ones like Wright, who says he's voted in every single election since 1944 --- must now jump through in order to have a chance at their vote even being counted at all, is remarkable...

With New Jersey Gov. Chris Christie (R) up for re-election next Tuesday, we've been getting quite a bit of traffic here from Mother Jones where I originally broke my series of exclusive reports on audio recordings from inside the Koch Brothers' secret 2011 Summer Summit near Vail, CO that year.

As a quick reminder of what was heard on those tapes, and what happened there, Christie --- literally --- had snuck out of New Jersey to fly to Vail for the day to perform as the keynote speaker at the super-secret Koch Brothers gathering with a few hundred very select Republican millionaires and billionaires who were meeting to plot what Charles Koch described to the assembled as "the mother of all wars...for the life or death of this country." That, along with comparing President Obama to Saddam Hussein, was how he described what would be their fight for the 2012 Presidential election.

Billionaire brother David is heard introducing Christie at the event as "my kind of guy", describing him as "a true political hero". He boasted that he'd met with Christie secretly, not long before, "for about two hours --- just the two of us," in David Koch's New York City office, and that he was hoping the NJ Governor would some day have "a larger stage where, God knows, he is desperately needed."

Given that this week also happens to be the one year anniversary of "Superstorm Sandy" and Christie is out taking curtain calls for his performance in its wake, it's also well worth noting that, during his effusive introduction to Christie, David Koch also went on to laud him for pulling out of the Regional Greenhouse Gas Initiative (RGGI), a landmark agreement by a number of northeastern states to limit greenhouse gas emissions in the region...

Christie's surprise withdrawal from RGGI was met with great applause in the banquet hall in Colorado, as well as from Rightwing climate change denialists when it actually occurred. He pulled out of the landmark pact just weeks after Koch and Christie had their secret meeting in New York City, a little over a year before the global warming-linked Sandy would result in the loss of more than a hundred citizens and billions of dollars worth of damage. After we published the secret Koch tapes, Christie would claim that he never discussed RGGI with the Kochs --- it "never came up", he said --- though the Director of the NJ Sierra Club told me that Christie should not be believed.

As to Christie's secret speech itself that night in Colorado --- the security for which was so extreme there were speakers set up around the perimeter of the dining hall to pump "pink noise" into the mountainside to stymie long-range parabolic microphones --- the NJ Governor delivered a stem-winder to the Kochs' assembled high and mighty. He bragged about how he'd fooled Democrats in the state legislature into supporting massive cuts to state pensions, and how he'd planned next to "take on the teachers' union once and for all."

The full audio and text transcripts of the remarks by Charles and David Koch, as well as the speech by Christie, are posted in full here, in case New Jersey voters would like to review the record before heading to the polls next Tuesday.

The full series of stories and their fallout can be perused here.

Not sure, but this may be my favorite video of the year to date. This would be Jim Bob Duggar, former Arkansas state Rep. and genius patriarch of TLC's 19 Kids & Counting fame, attempting to serve as a spokesperson for the Ken Cuccinelli (R) gubernatorial campaign in Virginia against Terry McAuliffe (D)...

With spokespersons like that, who needs McAuliffe?

By the way, Duggar is not only fabulously "tongue twied", he's also not too terribly bright. Citing the same video above, "Scarce" at Crooks and Liars asks: "What can you really expect from people who compare the United States to Nazi Germany?" For the record, People for the American Way's Rightwingwatch says Duggar stands by the holocaust comparison he made at last week's Values Voters Summit in D.C..

You know how The BRAD BLOG is always going on about how Vote-by-Mail is a very bad idea for democracy (other than in cases where a voter really must vote absentee or is otherwise forced to vote on a 100% unverifiable touch-screen voting systems at the precinct on Election Day)?...

Yes, those dangling envelopes are absentee ballots being sent to voters. Maybe they'll actually reach them. Who knows?

The photos were taken by San Francisco surgeon and Election Integrity advocate Dr. John Maa last week and highlight just one of the many reasons why Vote-by-Mail is such a bad idea unless it's absolutely necessary. They were sent to us after being taken in the mail room of a San Francisco apartment building in advance of the upcoming November 5 municipal elections there.

"It was 10pm at night when I took those photos, so there were probably a lot more of them out there earlier in the day," Maa told us...

Gov. Chris Christie (R-NJ), on December 1, 2009, when asked what he'd do if Sen. Frank Lautenberg (D-NJ) died in office: "I don't think any responsible governor at this point would call for a Special Election that would cost ten million dollars."

Gov. Chris Christie (R-NJ) on June 4, 2013, after Sen. Frank Lautenberg (D-NJ) died in office: "I am calling for a special election to be held this year...I don’t know what the cost is and I quite frankly don’t care."

I've already offered a few of my own observations on the irresponsible Christie's cowardly, hilariously transparent, anything-but-fiscally-conservative hypocrisy in declaring a $24 million Special Election for the U.S. Senate this October, just three weeks before his own already-scheduled-anyway election in November. Now Jon Stewart offers his...

Not to say we told ya so, but... Rachel Barnhart of Rochester's WROC-TV just tweeted this: "Wow, state assembly intro's bill to allow NYC to bring back lever machines for primary."

...And then there was this, last night, from NY1...

For much more on all of this, why NY is doing what it's doing, and what's really wrong with its new, oft-failed, easily-manipulated optical-scan computer tabulation system, please see our detailed report on all of this from March: "New York City Considers Move Back to Lever Voting Machines For September Elections".

You're welcome.

UPDATE 6/6/13: New York's Amsterdam News reports the bill to restore lever machine voting in NYC "has passed the Senate, and the Assembly is seriously considering returning to lever machines"...