"Maybe"? Ya think?! From Chicago Tribune, on their recent interview with former Supreme Court Justice Sandra Day O'Connor about 2000's infamous Bush v. Gore case...

"Probably"?! Ya think?! The paper goes on to explain that O'Connor's "vote in the 5-4 Bush v. Gore decision effectively gave Republican George W. Bush a victory over his Democratic opponent, then-Vice President Al Gore." That, after the U.S. Supreme Court had stopped the public hand-counting of the votes cast by the people of Florida.

Had O'Connor and friends not stopped the state-wide hand count, they would have found, as a consortium of media and academics did afterwards, that Gore defeated Bush by every conceivable counting standard in the state of Florida.

Contrast O'Connor's thoughtful, if ridiculously-too-late response to the question of the controversial Bush v. Gore, with that of the still-serving U.S. Supreme Court Justice Antonin Scalia, who was seen over the weekend yucking it up with Bill O'Reilly of Fox "News" at the White House Correspondents' Dinner. When asked, in 2007, about the case which allowed five Supreme Court justices to install a U.S. President over the will of the people, he responded that it was "water over the deck", and Americans just need to "get over it."

Four years after Bush v. Gore, in 2004, Democrats vowed not to let that happen again, of course. Their Presidential nominee that time, then Senator John Kerry, promised he would not concede until every vote was counted. Despite massive reports of fraud, particularly in Ohio, and Exit Polls finding he had won in swingstate-after-swingstate, countering the still-unverified electronic results reporting that he had lost in many of those same states, Kerry flip-flopped and conceded the day after the election.

Remarkably, now that an unverified and unverifiable election in Venezuela has recently resulted in the U.S. Government's favored candidate being announced the loser, Kerry, now serving as Sec. of State, is calling for a full hand-count of "paper receipts" in that country because he claims to be concerned about the "confidence of the Venezuelan people in the quality of the vote," as our own Ernie Canning detailed earlier today. Yes, that's what Kerry really said.

Do you suppose he, like O'Connor, may someday realize that "maybe" he made a mistake too?

Over the past decade, The BRAD BLOG, has become one of the nation's largest repositories of articles documenting the folly of e-voting. Thousands of articles at this site, written over the years by multiple journalists, computer experts, scientists, whistle-blowers and election integrity advocates, have pointed to academic and government studies, electoral train wrecks in election-after-election and out-and-out system crashes resulting in long lines, lost votes and denial of both service and democracy on Election Day.

We've even documented instances in which the official results were not merely absurd, but in some cases, virtually impossible --- from the negative 16,022 votes registered for Al Gore by a Volusia County, Florida optical-scan system during the contested 2000 Presidential Election to the thousands of electronic votes which simply disappeared after election night in Monroe County, Arkansas' 2010 state primary, just to mention a couple.

With rare exception, these very real, scientifically-based and independently verifiable concerns about the threat to democracy posed by a lack of transparency in how, if at all, votes are counted within the confines of computer vote tabulators, have, at best, been all but ignored by the mainstream corporate media, or, worse, scoffed at by the likes of "journalists" like Chuck Todd, NBC News' supposed election expert, as little more than "conspiracy garbage." With rare exception (e.g. last year in Palm Beach County, FL where, as a result of a 100% hand-count of paper ballots, several "losing" candidates, as initially determined by the Sequoia optical-scan tabulators, were actually found to be the winners) election-after-election has been decided in this nation without so much as a single ballot having been counted by a human being before results, right or wrong, are announced to the public.

The extent to which the U.S. government has ignored these scientific concerns was encapsulated by the fact that, last Fall, the President of the United States saw fit to cast his early vote on the oft-failed, incredibly-vulnerable, easily-hacked and 100% unverifiable Sequoia AVC Edge Direct Recording Electronic (DRE) touch-screen voting system in Chicago --- a system manufactured by the same voting machine company which, according to its former employees, deliberately sabotaged the punch card paper stock that was bound for use in Miami-Dade, Florida during the 2000 Presidential Election. That same tabulation system, relied upon by the President in Chicago, was also the one which declared the wrong "winners" in three different races in the Palm Beach County elections held earlier last year.

President Obama, in an apparent reference to the secrecy of the vote, said "I can't tell you who I voted for." He either didn't realize or didn't care how ironic that statement was given that it is scientifically impossible to ever know if his vote, or anyone else who cast a vote on that same 100% unverifiable e-voting system, was recorded accurately, or at all. It disappeared into the electronic black hole on equipment now ostensibly owned by Dominion Voting Systems, the Canadian corporation which purchased Sequoia in 2010. The Sequoia-manufactured, Dominion-owned e-voting machine Obama used to cast his vote last year was the trade secret Intellectual Property of yet another company: Smartmatic Voting Systems, a Venezuela-based, international e-voting systems manufacturer and supplier which had long ago been tied to the late President Hugo Chávez.

But a funny thing happened after the results of Venezuela's recent Presidential election were announced by the country's National Electoral Council (CNE). According to the electronic central tabulators of the country's 100% unverifiable Smartmatic DRE e-voting systems, Chávez protégé, Nicolas Maduro, had narrowly defeated the U.S.-backed Henrique Capriles.

At that moment --- and only for Venezuela's election, clearly --- both the U.S. government and U.S. mainstream corporate media suddenly became election integrity converts.

They insist on a 100% hand-count of the DRE-produced paper receipts because, as observed by ABC News, the CNE results are based upon "information that is sent electronically from each voting machine to the central vote counting hub," and not "from a manual count of the voting receipts deposited in ballot boxes." That, of course, is almost the exact same way that President Obama's vote in Chicago was tallied, either accurately or not, last year.

When asked by the AP's Matthew Lee whether the U.S. would recognize the Maduro government now that the election had been certified by the CNE, the State Department's Patrick Ventrell said earlier this month: "We're not there yet." His sentiment would be echoed by Secretary of State John Kerry, ironically enough, in an appearance before Congress. Both Ventrell and Kerry claimed to be concerned about the "confidence of the Venezuelan people in the quality of the vote."

Setting aside the fact that there is no way to know whether any computer-printed paper receipt accurately reflects the will of any voter in any election, the event underscores, once again, the striking duplicity of both the U.S. government and the corporate-owned mainstream media on the subject of democracy...

[UPDATED THRICE following the State of the Union address.]

Ryan J. Reilly had the scoop at HuffPo tonight. We're about to get another bipartisan commission on voting reforms...

After the 2000 Presidential election fiasco, a bipartisan blue-ribbon commission headed by former Presidents Jimmy Carter and Gerald Ford was created by Congress. The commission offered reforms that ultimately helped lead to the disastrous Help America Vote Act of 2002. That bill, among other things, offered some $4 billion in federal money to states in order to "upgrade" to computerized voting systems. Those same systems, using proprietary hardware and software from private vendors, tally votes in secret and continue to fail in election after election even today.

After the 2004 Presidential election fiasco, a private bipartisan commission was created, as The BRAD BLOG was the first to reveal, by high-level Republican operatives and former Bush/Cheney officials calling themselves the American Center for Voting Rights (ACVR). The private commission, formed in secret, was headed by Carter and longtime Bush family friend James A. Baker III, the man who took Bush's 2000 fight to keep ballots from being counted in the state of Florida all the way to the U.S. Supreme Court. The inclusion of Baker on the commission led to an uproar from Election Integrity advocates, a furious response at The BRAD BLOG from the commission's Executive Director for our revelation of the scam, a letter from then Chair of the U.S. House Judiciary Committee Rep. John Conyers (D-MI) stating his "strong opposition" to Baker's presence on the commission, and then a guest-blog from Conyers himself, here at The BRAD BLOG.

As Conyers noted at the time, and as the sham Baker/Carter commission's report ultimately showed, the private commission was created in order to lay the groundwork for polling place Photo ID restrictions down the road. "Make no mistake about it," Conyers wrote here at the time, detailing his belief that the commission's push for Photo ID restrictions was "more of the same old Ken Blackwell-style Republican electoral dirty tricks, where Democratic voters are deliberately disenfranchised so that Republicans can win elections."

While the privately created Baker/Carter commission was meant to appear similar to the official Ford/Carter blue-ribbon commission (Ford was ailing at the time of the second commission, so was replaced with Baker), we can only hope that whatever new commission President Obama has in mind won't end up with the same "dead-on-arrival" recommendations as the ones from Baker and Carter. Though those recommendations were roundly criticized at the time, they are still cited today --- as if they were official recommendations --- by Republicans hoping to disenfranchise legal American voters through new restrictions on voting.

UPDATE: Reilly at HuffPo had it right. The President announced his call for a new commission during his State of the Union address tonight...

It was a crazy weekend --- and that may be an understatement --- in St. Lucie County, Florida, as the fight continued over the questionable, completely unverified-by-humans, and extremely close computer-reported election results between Rep. Allen West (R) and Patrick Murphy (D) in the U.S. House race for Florida's 18th Congressional District.

Two things, if nothing else however, have become clear. 1) The Florida Democrats supporting the unverified computer-tallied results, which reportedly offer a slim margin in Murphy's favor, have become virtually indistinguishable from the Republicans who supported George W. Bush over Al Gore in the state during the 2000 Presidential Election debacle, and for the same, unjustifiable and partisan reasons. 2) Allen West has terrible and incompetent election attorneys.

Here's a recap of all that has happened --- and there has been quite a bit --- over the weekend, since we last covered the race on Friday, just after a St. Lucie Circuit Court judge denied West's motion demanding a retabulation of all eight days of Early Voting ballots in the county and just before the county's Canvassing Board took up the same issue shortly thereafter in what became a seven hour meeting of the board to determine how to proceed.

(And all of that in the wake of a previous partial retally of three out of eight days worth of early votes had resulted in the unexplained disappearance of some 800 votes when the same paper ballots were run through the same machines a second time due to unexplained "issues" with the electronic tabulation systems the first time around. That initial re-tally had resulted in a net gain of some 500 votes by West.)

The insane weekend events included a two-day machine "retabulation" of all Early Voting ballots in St. Lucie (one of three counties, along with Martin and Palm Beach, that make up FL-18); the discovery of more than 300 previously-untallied early ballots in the same county; new computer-reported tallies resulting in pick-ups by both candidates, for an overall gain of nearly 300 votes by the current leader Murphy; and a County Supervisor of Elections who ended up spending the weekend in the hospital...

[UPDATE 10/24/12: We've now run through the limited number of books and DVDs that we had available. Thank you to those who helped out by donating. Your signed copies of Palast's book and DVD will be on the way to you soon! Thank you! And hopefully I'll be able to find more great premiums to offer in exchange for your support in the near future! Until then, your donations are always very welcome and still very much needed in support of the work we do here. Thank you, as ever. - Brad]

Covering this insane election season 24/7 means that I've had little or no time to try and raise funds to help keep our expenses in even minimal check here. I'm also lousy at it. I'd rather cover and break the news than raise money to help pay for doing it.

As you hopefully know, The BRAD BLOG does not receive any corporate or foundational support. We are 100% independent and need to stay that way. But that also means you guys need to help us out, if we are to keep the lights on here all.

Our muckraking BBC buddy Greg Palast has noticed the bind we're in, and has generously offered to try and help us out once again!

He's given us a limited number of signed copies of his very cool, New York Times best-selling new book, Billionaires & Ballot Bandits: How to Steal an Election in 9 Easy Steps (featuring an intro by Bobby Kennedy Jr., a new comic book by Ted Rall called "Tales From the Crypt of Democracy" in the middle of it, and a list of "7 Ways to Beat the Ballot Bandits" at the end) to make available as premium offers to those who contribute $75 or more to The BRAD BLOG right here.

To make sure our readers get a package they can't get anywhere else, he's also helping to sweeten the deal by tossing in his DVD of BBC reports (and more!), called "The Election Files: The Theft of 2008" (Check out the trailer here.)

Again, we don't have a lot of these available, so it's first come first serve. But if you can help us out with a donation of $75 or more, we'll try to get both the signed Palast book (featuring his investigations of "the Koch Gang, Karl Rove, and Their Buck-Buddies") and his DVD off to ya ASAP, so you'll have both before the election!

Best way to get your signed copy of Greg's new book and his DVD is to donate here online with Credit Card or PayPal. (If you work quickly, you can also send a check via snail mail to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028).

My great thanks in advance to any of you who can help us out here and, of course, to the good Mr. Palast!

Well, this sounds familiar, and for good reason...

The summary above comes from ThinkProgress' Alex Brown who offer a hat-tip to Salon's Alex Seitz-Wald who opens his report this way:

The entire matter echoes back to our initial 2004 exclusive on then Republican software programmer turned whistleblower Clint Curtis who had filed a sworn affidavit charging Florida Republican Tom Feeney had asked his company, Yang Enterprises, Inc. (YEI), to create a vote-rigging software prototype in 2000.

At the time of his alleged meetings with Feeney, Curtis says the Congressman --- who had been Jeb Bush's Lt. Governor running mate in 1998 before becoming Speaker of the FL House and one of the most powerful elected officials in the state by 2000 --- discussed methods that he said the Republican Party had in place to "reduce the black vote" in the 2000 Presidential election.

According to the December 6, 2004 affidavit [PDF] filed by Curtis, just days before he would testify to a U.S. House Judiciary Committee panel...

"The best way to enhance freedom in other lands is to demonstrate here that our democratic system is worthy of emulation." - President Jimmy Carter
(Inaugural Address, 1/20/1977)

Oh, well. It was a nice idea at the time.

Nonetheless, happy 87th birthday (yesterday), Mr. President!

[Hat-tip @WestWingReport.]

Lee Fang at Think Progress offers devastating coverage in response to Sen. Rand Paul (R-KY)'s recent claim to The Street's Mallory Factor (video here) that those who pollute streams with benzene should be thrown in jail.

"I don’t want to pollute the water. I don’t want to pollute streams," said Paul, "If you dump benzene in the stream, I want you to go to jail."

Really, Senator? Are you calling for the billionaire Koch brothers --- likely two of your biggest and wealthiest fans --- to be thrown in jail then?

As Fang details, Koch Industries was indicted by the DoJ in 2000 for knowingly dumping "at least 91 metric tons of uncontrolled benzene in its liquid waste streams" at its Corpus Christi refinery, and for conspiring to cover it up in an attempt to deceive regulators.

After George W. Bush took office in 2001, however, "his Attorney General John Ashcroft dropped 88 counts against Koch for the benzene spill and cover-up" in exchange for a guilty plea to falsifying documents and a $20 million fine (a settlement from $350 million in potential fines.)

The Kochs made out pretty well in exchange for their $32,200 contribution to the 2000 Bush campaign. The job killing Koch brothers are making out even better under Barack Obama. But more on that later. [UPDATE: Those thoughts now here.]

Suffice to say, neither the Kochs, nor anybody who works for them, went to jail for "dump[ing] benzene in the stream," as Paul is calling for, even as he calls for doing away with even more environmental regulations in his remarks to The Street.

As we've been highlighting of late, the Republicans have been on a tear against clean air and water regulation by the EPA recently, and have shown themselves willing to partner with their various front groups in the media, at the U.S. Chamber of Commerce, and with folks like the Koch brothers to simply make stuff up about such regulations "killing jobs", in their 2012 "mother of all wars" to retake the White House.

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

[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...

In the summer of 2007 they ran one of the most extraordinary and explosive exposés on the topic we've ever seen. It included absolutely mind-blowing details on ES&S iVotronic touch-screens voting machines (the same ones currently failing in North Carolina and in Texas and being used in about 15 other states this year) and featuring an astonishing segment with seven on-camera employee/whistleblowers from Sequoia Voting Systems charging they were ordered by higher-ups to rig the chads to fail, only in Florida, on the paper ballots their company made for the 2000 election. You can (and should!) watch that remarkable report --- picked up by absolutely nobody in the MSM, incredibly enough --- right here.

This Tuesday, it looks like HDNet's Dan Rather Reports is set to roll another story on hackable e-voting systems. Here's the :30 second teaser for their latest...

The premiere showing will be Tuesday, Oct. 26th @ 8pm and is described this way on HDNet's Dan Rather Report's website:

With all the endless hours (upon hours, upon hours) the network and cable news mainstreamers like Chris Matthews have found to devote to the horse-race and politicking of these elections, you'd think they might be able to find more than just 19 seconds to cover the issue that can be, and so often has been, the deciding factor in so many recent elections. If you'd think that, you'd be wrong. 19 seconds is all Rather got on this weekend's Chris Matthews Show to discuss the topic. [Hat-tip Heather at Crooks & Liars]...

UPDATE 10/27/10: The HDNet folks have responded to pleas to make the episode available for all (even those of us who don't have it on their cable system!). The entire episode is now available here through next Wednesday only! Get it while it's full, free and hot!

Otherwise, it's also available here via iTunes for $1.99 according to Mr. Rather who was nice enough to let me know on the Twitters.

For folks with shorter attention spans, or those who need a little more encouragement, Rather blogs about the episode here, and here's a 2.5 minute video clip featuring the great Frank Heindel, patriot Election Integrity advocate of South Carolina, who is (as he notes in comments below), the one alluded to when the description above says "one American's fight against voting machines in his state."

John Conklin, the Director of Public Information for New York State's Board of Elections has now issued a statement in response to the Gouverneur Times' article by Nathan Barker last week, alleging a "VIRUS in the VOTING MACHINES" [caps in original headline] which, the paper says, "tainted the results" of the recent Special Election for the U.S. House in NY's 23rd Congressional district.

We responded to Barker's detailed article ourselves over the weekend at some length, noting both the accurate and inaccurate information and assertions included in the online publication's coverage.

Conklin's response has drawn two responses in turn from the Gouverneur Times, as the right-leaning publication appears to have joined in the fight for election integrity, at least on behalf of their favored Conservative Party candidate whose apparent election loss has indeed been "tainted" by the very same concerns about which The BRAD BLOG has been warning for years. We're happy to see their new-found concerns, even as Republican partisans in political alignment with the Times have been ignoring and/or disparaging similar reports for years following elections in which Democrats have been the apparent victims of similarly failed voting systems...

Please see RAW STORY for the whole story, but Bush's former White House spokesperson Ari Fleischer pulled a slick, if sleazy maneuver on CNN's Larry King Live last night while undermining the wingnut "birthers" who believe that Obama is not a U.S. citizen:

Actually, there is "evidence of that being the case," Ari. Plenty of it. Beginning (but not ending) with this years-old independent study [PDF] by a media/academic consortium posted at the "conservative" American Enterprise Institute showing that when all the ballots in the state of Florida were counted --- by any standard (hanging chads, swing chads, pregnant chads, etc.) --- Bush lost and Gore won. By. Every. Conceivable. Counting. Standard. Period.

Other than that, yeah, "for everyone...who's a little lulu on the right, there's about 1.8 who's lulu on the left," as Fleischer misled.

Dishonest Moral Equivalence Accomplished.

The video from the 10/6/09 Larry King Live, also featuring whacky Rep. Michele Bachmann's evasion of whether the "birthers" are crazy or not, is posted below...

(Hat-tip David Swanson.)