"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...

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:

[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...

[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!

Late last month, Gerry Bello and Bob Fitrakis at FreePress.org broke the story of the Mitt Romney/Bain Capital investment team involved in H.I.G. Capital which, in July of 2011, completed a "strategic investment" to take over a fair share of the Austin-based e-voting machine company Hart Intercivic.

"Several tanker trucks full of political ink have been spilled on Mitt Romney's tenure as a vulture capitalist at Bain Capital," Bello and Fitrakis wrote. "A more important story, however, is the fact that Bain alumni, now raising big money as Romney bundlers are also in the electronic voting machine business. This appears to be a repeat of the infamous former CEO of Diebold Wally O'Dell, who raised money for Bush while his company supplied voting machines and election management software in the 2004 election."

Lee Fang at The Nation recently confirmed the FreePress reporting in a story of his own on the "crony capitalism" of Tagg Romney, whose father's money and high-profile connections present a number of troubling corporate conflicts of interest should Mitt Romney become President. The Daily Dolt also followed up with a very well-documented article on the H.I.G. group, their connections to Bain, and their takeover of Hart Intercivic.

Hart's announcement of the deal describes H.I.G.'s role as as "co-investors", though the financial services firm which brokered the deal described it in their own announcement as a full-fledged acquisition: "Hart Intercivic was acquired by HIG Capital late last week. The deal caps off a 2+ year relationship with Hart! Congrats to both Hart and the HIG team….its going to be a great partnership!"

Also this week, in a video that has gone a bit viral, The David Pakman Show expressed understandable concerns about Romney's close business partners having this type of corporate control over a large e-voting company whose, extremely vulnerable and insecure [PDF] --- and often 100% unverifiable --- voting and tabulation systems are now used, according to VerifiedVoting.org's database, in all or parts of California, Colorado, Hawaii, Illinois, Indiana, Kentucky, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia and Washington. [Pakman's video is embedded below.]

When the story initially broke, I spoke about it on the radio with Fitrakis, but didn't comment on it at The BRAD BLOG for a number of reasons. One being the time we've been spending, during the same period, consumed by the continuing breaking story of the RNC/Romney consultant Nathan Sproul and his companies at the center of the national GOP Voter Registration Fraud Scandal which we've been covering in detail since it first broke several weeks ago. Secondly, and not to downplay this story, because it's a very good and important one, the fact is that, though the names of the corporate titans and companies are different, it is essentially the same story that we have been telling here, over and over again --- and warning about with hair afire --- at The BRAD BLOG for nearly a decade.

Moreover, I've been on the road all this week for a conference, with much less time online than usual. But since so many folks have picked up on the Romney/Bain/H.I.G./Hart Intercivic stories and have sent email and Twitter queries to me about it, allow me to very quickly share a few thoughts, on this, some of which I sent to a reporter who also raised this issue with me late this week...

[This article now cross-posted at Salon...]

Questions continue to grow about Nathan Sproul and his various companies' multi-million dollar work for the Republican National Committee, despite claims that they've broken ties with him on the heels of a nationwide GOP Voter Registration Fraud Scandal. A virtual clone of his discredited Strategic Allied Consulting firm appears to still be operating on behalf of Republicans in at least 10 states.

At the same time, Democrats in Congress are now asking for official answers from both Sproul and very senior Republicans, according to new letters obtained by The BRAD BLOG.

Sproul went on the record with us, briefly, to address some of these issues in his own defense, before he was ordered by his newly hired crisis response manager to stop speaking to us all together.

When the RNC invested $3 million to hire Strategic Allied Consulting, a company quietly created this August by Sproul, a paid political consultant to Mitt Romney, and then instructed state GOP affiliates in seven key battleground states (FL, NC, VA, NV, CO, WI and OH) to do the same, they knew very well about his companies' long documented history of alleged electoral misconduct and voter registration fraud.

The longtime GOP operative's voter registration and "Get Out the Vote" firms have been accused, during election after election, of destroying and altering Democratic voter registration forms, though no formal charges have ever been filed against him, despite repeated urging from high-ranking members of Congress and others. Sproul's long track record of improprieties was bad enough that before they would give him the contract as their national voter registration group this year, according to Sproul himself, the RNC "asked us to do it with a different company name."

Subsequently, Strategic Allied Consulting is alleged to have collected fraudulent voter registration forms. Some of those forms had the addresses of existing Democratic voters changed so that some of Florida's county election officials now worry that voters could be disenfranchised when they go to the polls this November and find they're no longer registered at their old precinct, or even in the same county. The fraudulent forms were collected by Strategic and submitted by the Florida GOP (which paid Sproul's firm some $1.3 million for voter registration work, their largest single expenditure in the 2012 cycle) in at least 12 different FL counties.

When the RNC then publicly claimed to have "fired" Sproul's new company, after the fraudulent forms came to light, it's likely that the RNC also knew full well that many of their state GOP affiliate organizations were still quietly employing Sproul's firms for partisan work in a number of other states.

RNC spokesman Sean Spicer played dumb about having asked Sproul to create the firm without his name on it --- "To my knowledge, no one requested that" --- though Sproul told The BRAD BLOG during an on the record conversation, eventually aborted by his recently hired crisis manager David Liebowitz, that he stands by his assertion.

"I'm not going to comment on this further," Sproul told us when we'd asked for specifics, since the RNC appeared to be calling him a liar, "but I'm not retracting my prior comments either."

Perhaps even more disturbing is the evidence suggesting that his companies are still operating in states around the country under different names. That, despite the RNC's claims to have "severed our relationship" with Sproul, and the assertion that they "acted swiftly and boldly" to cut ties with the group only after the allegedly fraudulent registration forms came to light in Florida (and as Democratic registration forms were also alleged to have been destroyed by Strategic workers in other states, such as Colorado and Nevada.)

When we asked Sproul directly: "Do your other companies still work for the RNC or other state or local parties?", his response came back as a blunt, "No."

In a response to a follow-up query, when we asked Sproul to explain evidence suggesting that his companies were, in fact, still operating elsewhere on behalf of Republicans, he walked back his original denial a bit.

"I know you have additional questions, including many about SAC [Strategic Allied Consulting] and its affiliates and work we've done in other places and for other clients," Sproul said. "Those questions fall either outside the bounds of what I can discuss or outside the bounds of where I'm comfortable going in this story. I hope you'll understand."

And yet, as still more evidence is emerging to show that Sproul may have been less than forthcoming in some of his responses to The BRAD BLOG (he has refused to respond to additional, specific follow-up queries on this emerging evidence, after Liebowitz was brought on board as his crisis spokesperson), Congressional Democrats have similar questions about Sproul's work with the GOP and if it may be continuing even now.

Senior Democratic members of the U.S. House Elections, Judiciary and Oversight Committees seeking answers --- from Sproul, RNC Chair Reince Priebus, as well as GOP heavies Karl Rove and former RNC Chair Ed Gillespie (now a senior adviser to Romney) who founded one of the top Republican Super PACs and paid Sproul some $750,000 for unspecified work --- about what Sproul's operations may still be up to, despite the RNC's recent public, if unsupported, claim of a "zero tolerance" policy for election fraud and those who practice it...

[This article now cross-posted at Salon...]

The Republican Party of Florida's top recipient of 2012 expenditures, a firm by the name of Strategic Allied Consulting, was just fired on Tuesday night, after more than 100 apparently fraudulent voter registration forms were discovered to have been turned in by the group to the Palm Beach County, FL Supervisor of Elections.

The firm appears to be another shell company of Nathan Sproul, a longtime, notorious Republican operative, hired year after year by GOP Presidential campaigns, despite being accused of shredding Democratic voter registration forms in a number of states over several past elections.

According to the Center for Responsive Politics, Strategic Allied Consulting has been paid some $667,000 this year by the FL GOP, presumably to run its voter registration campaigns in the state. That number, however, does not account for another identical payment made in August. The Palm Beach Post is reporting tonight that the firm received "more than $1.3 million" from the Republican Party of Florida "to register new voters."

The firm is not only tied to the FL GOP, but also to the Mitt Romney Campaign, which hired Sproul as a political consultant late last year, despite years of fraud allegations against his organizations in multiple states.

Moreover, the firm is also reportedly operating similar voter registration operations on behalf of the Republican Party, to the tune of hundreds of thousands of dollars, in a number of key battleground states this year, including North Carolina, Virginia and Colorado. Strategic Allied has recently taken steps to hide their ownership by Sproul's notorious firm, Sproul & Associates.

Palm Beach County Supervisor of Election Susan Bucher confirmed to The BRAD BLOG late this evening that she turned over 106 suspicious voter registration applications to the Florida State Attorney during a meeting yesterday afternoon in Palm Beach, after the "questionable" applications were submitted to her office by a worker for Strategic Allied.

The forms were said to all have similar signatures, changed addresses and party affiliations, and other defects which appear to have all been done by the same hand.

The case emerging in Florida tonight mirrors a similar incident reported earlier this year when more than a thousand fraudulent voter registration forms were discovered to have been turned in to the Sacramento County, CA Registrar of Voters by a group hired by that state's Republican Party.

But that's not the only similar case, as a massive GOP voter registration scheme, which appears to involve the upper-echelons of the national party, begins to emerge...

Secretary of State Jon Husted (R) has apologized to a U.S. District Court judge who ruled against him last week, after the Secretary appeared to have tried to undermine the court's ruling, pending an appeal by the U.S. Sixth Circuit Court of Appeals. The apology came in a motion today, after Husted was ordered by the judge to personally appear for a hearing next week.

As we reported last Friday, U.S. District Judge Peter Economus ruled in favor of a lawsuit filed by the Obama campaign and the Democratic Party, finding that Ohio's restriction on Early Voting in the final three days before the election --- for all but active-duty military --- was a violation of the U.S. Constitution's Equal Protection Clause.

In his ruling [PDF], Economus ordered the Secretary of State to restore Early Voting "on the three days immediately preceding Election Day for all eligible voters," just as it had been successfully implemented during the 2008 election, as the previous Sec. of State Jennifer Brunner, a Democrat, described to us during a recent interview. At the same time, the judge had also instructed the Buckeye State's current Secretary to "direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with [Husted's] earlier directive that only by doing so can he ensure that Ohio's election process is 'uniform, accessible for all, fair, and secure.'"

In response, rather than issuing a directive with uniform hours for voting in those three days before the November Presidential election, Husted issued a Directive on Tuesday notifying the state's 88 county Boards of Election that they should not establish hours for voting in those days, as the state was filing an appeal in the case.

"Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity," Husted wrote in the Directive, adding, "I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state."

This afternoon, after being summoned to court in response to that Directive, Husted rescinded it and the state filed a motion [PDF] apologizing for what was interpreted as him having attempted to place his own personal stay on Economus' order. "The Secretary apologizes to the federal district court for creating that misimpression and has rescinded [the] Directive," the state writes in the motion, which seeks an official stay on the ruling, pending the Sixth Circuit's expedited appeal...

The recent spate of federal court victories in favor of voting rights across the nation continued today, as a U.S. District Court judge in Ohio sided with Democrats and the Obama campaign, finding that the removal of in-person Early Voting for all voters on the final three days before Election Day in the Buckeye State was an "arbitrary" decision made by the state's Republican lawmakers and Secretary of State.

The removal of in-person Early Voting in those last three days before the election --- when some 100,000 voters had cast their votes in the state during the 2008 Presidential Election --- for all but active-duty military voters, is likely to "irreparably harm" the voting rights of "low-income and minority voters [who] are disproportionately affected by the elimination of those voting days," according to the ruling by U.S. District Judge Peter Economus [PDF].

The ruling is another major win for Ohio voters, as the judge ruled in favor of the Democratic complaint seeking a temporary injunction on the state's new voting restrictions.

Through a convoluted series of legislative actions by Republican state lawmakers and rulings by Sec. of State John Husted, which we detailed earlier this month, Ohio had restricted Early Voting on the final weekend before the Tuesday election to all but active duty military voters. We also explained in that same article how the Romney campaign --- based on a false assertion initially posited by the Republican propaganda website Breitbart.com and subsequently forwarded loudly by Fox "News" --- argued dishonestly that the Obama campaign was attempting to "undermine" and restrict voting rights of the military, which the GOP nominee described on his Facebook page as an "outrage".

In fact, as the very first paragraph of the Obama complaint [PDF] made quite clear, the Democrats were not attempting to restrict the rights of military voters, but, in reality, suing to "restore in-person early voting for all Ohioans during the three days prior to Election Day," including for some 900,000 veterans in the state whose rights had similarly been removed by the Ohio Republicans.

Today, the Democrats' argument prevailed in federal court, as Economus found that "Plaintiffs have a constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis with all Ohio voters, including [active duty military] voters"...

Otherwise valid provisional ballots cast at the wrong precincts in Ohio, through no fault of the voters, must be counted, according to a ruling issued by a federal judge on Monday.

The decision, which otherwise seems like common sense, comes in the wake of tens of thousands of provisional ballots going uncounted after the 2008 Presidential election thanks to a provision in Ohio law which discards such ballots, even in the case where a poll worker has improperly instructed a voter to cast his or her ballot in the wrong place.

The ruling is a defeat for Ohio's Republican Sec. of State who, after working towards inclusiveness and voting rights earlier in his tenure, seems to have taken a hard right turn in many of his decisions of late, as the Presidential Election nears.

As we noted last month, an investigative report by the Cincinnati Enquirer's Barry M. Horstman found that some 40,000 provisional ballots cast in the 2008 general election were never tallied, even though many of them were cast in the right polling place, but at the wrong "precinct" table, as precincts have been combined into the same building over the years in the Buckeye State.

A voter might line up to vote at the wrong table/precinct, for example, only to be told they weren't found on that precinct's voter rolls and, rather than be directed by the poll worker to the correct "precinct", instructed to cast a provisional ballot at that table instead. That vote, before Monday's ruling, under existing Ohio law, would go uncounted. Many of those provisional ballots were cast in predominantly Democratic-leaning counties.

The Enquirer warned in their report last month that "tens of thousands of ballots are likely to be disqualified" once again in the key swing-state, during the 2012 Presidential election unless the provision was changed, as recommended by state election officials after the 2008 election.

On Monday, U.S. District Judge Algenon L. Marbley, citing Bush v. Gore of all things, ruled against Ohio Sec. of State Jon Husted (R), whose spokesman responded: "We respectfully disagree with the judge's ruling and will likely appeal."

Marbley found that Husted's belief that such ballots should not be counted "belies a fundamentally misguided view that the state need not protect the right to vote of individuals who, for any number of reasons, are required to cast a provisional ballot"...

With the partisanship heating up in the battle for voting rights in Ohio again this year --- as Republican Sec. of State John Husted actually threatens to fire two Democratic Board of Election officials in Montgomery County for daring to vote in favor of expanded Early Voting hours --- it seemed a good time to check in with the former Sec. of State Jennifer Brunner (D).

All of this comes on the heels of the Obama Administration suing to restore Early Voting for all on the last three days before the election, which Republicans are now allowing only active duty military members in Ohio to do, and after previous rulings by Husted resulted in expanded Early Voting hours in Republican-leaning counties, and no expanded Early Voting hours in the largest Democratic-leaning counties.

Brunner (author of the forthcoming Cupcakes & Courage) joined me on today's BradCast on KPFK/Pacifica Radio here in Los Angeles and offered some inside skinny on what she did in 2008 to help correct the 2004 disasters that plagued the state during that year's Presidential election debacle under her horrible predecessor, J. Kenneth Blackwell (R) --- who also served as co-chair for the Bush/Cheney re-election campaign while serving as the state's chief election official --- and what now seems to be going on under her successor Husted, as he limits Early Voting hours across the entire state, despite the great success it has been up until now for voters there.

She explained the constitutional powers of the Ohio Sec. of State and told me she believes the attempt by Republicans to shorten weekend Early Voting hours --- which were allowed as recently as this year's primary elections in Ohio --- was "clearly aimed at 'Souls to the Polls'," the effort by African-American churches to encourage their congregations to get out and vote on the Sunday before the election.

The result of all of this right now, as the former Secretary of State understated it during our conversation: "A bit of a donnybrook in Ohio."

I asked for her response to the remark by Doug Preisse, Chair of the Franklin County Republican Party and a member of the county's Board of Elections when he said he felt "we shouldn't contort the voting process to accommodate the urban --- read African-American --- voter-turnout machine." She said she felt that that --- and his response to Democrats' charge that Republicans are trying to suppress the vote is "bullshit, quote me" --- was all "very unfortunate."

"We're already in a rancorous climate, starting from Congress and the Presidential election on down," she said. "Why stir up the pot and pit voters against each other? Enough of that was done in 2008. There was so much political capital spent in 2008 on whipping up these fake allegations of voter fraud and now four years later, people realize --- what were there, ten cases around the country since 2000? --- this is so unnecessary."

"The bottom line is," she continued, "voting is not a partisan issue. It should never be a partisan issue. Having control of the rules is not political booty. It really should be a place where everyone walks into that room, they drop their partisan cloak, they stand up, they act like grown-ups, and they say 'Let's do what's fair, because our future depends on it.'"

All of that, and more, follows in today's BradCast...

Download MP3 or listen online below [appx 58 mins]...

No, the Obama Campaign is not attempting to keep military voters from voting, no matter how much the Romney Campaign and their surrogates in the media and on Fox "News" are willing to shamelessly lie about it for ugly partisan purposes at the expense of electoral democracy.

The whole story appears to have begun as little more than another hoax by the Andrew Breitbart scam artists and, as always, the mainstream corporate media have fallen for it, as if it's a legitimate story. So here's what's actually going on, since the MSM seems incapable of explaining to you.

Following the disastrous, partisan and arguably criminal oversight of the 2004 Presidential Election in Ohio by then Republican Sec. of State J. Kenneth Blackwell (in any other era in our nation's history, people would have gone to jail for what happened there), when a wildly and purposefully disparate distribution of voting machines led to Election Day voting lines of anywhere from 2 to 12 hours, mostly in Democratic-leaning jurisdictions, reforms were enacted to make it easier for all voters to cast their legal vote in the Buckeye State.

After the 2004 debacle, the law was changed in 2005 to allow for any voter to vote by absentee ballot, without an excuse, including by "early in-person absentee voting" at polling places in the weeks leading up to Election Day. Hundreds of thousands of Ohio voters took advantage of this new opportunity to cast their vote, helping to radically increase turnout, including during Early and Absentee voting in subsequent years:

In the 2008 election, in the three days prior to Election Day, some 93,000 voters in the state took advantage of their ability to cast a vote over the weekend just before the Tuesday election. Many of those voters, according to a University of Akron study of Early Voting in Ohio [PDF], were voters who might have trouble voting on Election Day, because they were working that day, or were elderly and unable to wait in long lines. African American churches encouraged voters to head to the early polls after church on the Sunday before the election, during a so-called "Souls to the Polls" effort.

This, Republicans legislators in Ohio determined, had to be stopped. And so they did. Or tried to, by passing HB 194, shortening the period of early voting for all Buckeye State voters, and adding other restrictions to make it more difficult for legal voters to cast their legal vote and have it counted.

The people of Ohio then rose up against HB 194 by turning in almost 100,000 more signatures than the number required to forestall the implementation of the new voting restrictions and to place the law --- which had passed on party lines by the Republican-controlled legislature before being signed by the state's Republican Governor John Kasich --- onto the November 2012 ballot, where the people could decide whether or not they wanted the new restrictions on voting rights.

But a funny thing happened on the way to that November 2012 Referendum. The state Republicans came up with a bit of a work around, at least for active duty military voters (who, we are told, tend to vote Republican, rather than Democratic). And while the Obama Campaign and fellow Democrats are busy trying to ensure that all voters, not just active duty military voters in Ohio get to enjoy Early Voting in those three days before the Election, the Romney Campaign has continued their extraordinary record of simply lying about everything.

That's not a partisan observation. That's just a fact. And for anyone in the media to suggest otherwise, in regard to this story, amounts to little more than journalistic malpractice at very best, and, more accurately, an insidious act of blatantly cynical partisanship disguised as "journalism" at the expense of the very core of our (small "d") democratic system of governance.

Such insidious acts of blatantly cynical partisanship disguised as "journalism" is, of course, what the folks at the late con-man Andrew Breitbart's website do best...

You're unlikely to hear a peep about this on Fox "News" (unless they happen to have me on), but the California Secretary of State's Election Fraud Division is now reportedly investigating a firm hired by the Sacramento County Republican Party said to have submitted thousands of fraudulent voter registration forms.

According to a report today from Sacramento ABC affiliate News10 [see video posted below], a private, for-profit firm calling itself Momentum Political Services, hired by the local Republican Party "to boost GOP registration ranks in key battleground communities" has turned in more than 3,100 invalid voter registration cards during their recent drive.

[UPDATE 5/7/12: According to Sacramento Bee's 5/5/12 report, the number of bad registration forms is much higher than 3,100. The paper reports that since September, out of some 31,000 cards turned in by Momentum Political Services, "at least one-fourth of them have been thrown out because of inaccuracies," according to the Sacramento Registrar of Voters. That puts the questionable registrations from the GOP's company at more than 7,500.]

Voter registration forms have allegedly been turned in with fake addresses, voter names that don't exist, duplicate Social Security numbers, and party affiliations that seem to have been changed "by someone" to Republican. The head of the firm has admitted she has hired workers with criminal backgrounds, as found via Craigslist.

The charges of serial voter registration fraud sound very similar to those leveled in 2008 against another outfit hired by the California State GOP to register Republican voters before that year's Presidential election. In that case, the head of the firm was arrested, and eventually pleaded guilty to voter registration charges himself.

In 2006, another firm hired by the CA Republican Party turned in thousands of registration forms with fake names and an error rate as high as 60 percent. And in 2004, a firm hired by the GOP was investigated in a number of states for shredding Democratic voter registrations and tossing them into dumpsters. Despite those allegations, the same folks were later hired by the McCain/Palin campaign in 2008 to run voter registration drives before the Presidential election.

Of course, you probably haven't heard of any of those stories, even while you've heard plenty about a handful of ACORN workers --- no actual ACORN officials, mind you, and they were never hired by the Democratic Party, and never led to a fraudulent vote --- turning in fraudulent registration forms in past years.

But nobody who ever worked for the non-profit ACORN has ever been accused of what these Republican firms continue to do on behalf of the Republican officials who hire them, paying them per Republican registration, year after year, as is once again apparent in the allegations surfacing today against Momentum Political Services...