The Democrats, as usual, have only themselves to blame. But we're still happy to help both them and the Republicans if it means the voters might see their votes counted and counted accurately, no matter who will ultimately be declared the winner of any election. You're welcome, Republicans (and Democrats).

After years of Democrats refusing to use the f-word (fraud) or discussing concerns about the s-word (stolen) for elections, for fear of being declared conspiracy theorists and sore-losers by the Republicans, we'll note that Republicans have no such fears. They never did. And they are happy to don enormous and shiny tin-foil hats any time to claim any conspiracy they need to, regardless of the actual evidence (or lack thereof) to support their theory.

They will claim --- even at the highest official levels of their party --- that "Democrats are stealing the election," "stuff[ing] new ballots into the ballot box" and all other manner of unsubstantiated allegations, if they believe it might help their candidate "win." The voters be damned.

To that end, the National Republican Senatorial Committee (NRSC) has now gone so far as to set up a "Minnesota Recount" conspiracy theory blog. The site is devoted to the advancement of making and reposting unsubstantiated claims from around the wingnut 'sphere --- and that would include liar John Fund's Wall Street Journal --- that Al Franken and the Democrats are in the process of "stealing" the U.S. Senate race in Minnesota...

Late this afternoon came an announcement from Washington DC that they have, again, found voting counting/reporting anomalies in the Sequoia voting system. There is not a lot to report yet except that there will be a public hearing on Friday.

The groups who comprised the 1-866-OUR-VOTE coalition for this election have compiled their data and put it on-line for all to see. If you think the stories about long lines were wide-spread or even baseless, or if you think voting machines worked better than they had in the past, or if you think provisional ballot usage was not broken then you might want to look at their table of incident types and states here: ...

"Source code is almost irrelevant to us," says MD's State Election Director Linda Lamone a few minutes before she removes her mic and walks off the interview. "That's not what we use to run this voting system. It's the executable code."

Lamone, responsible for bringing Diebold's 100% unverifiable voting machines to the entire state of MD in 2002, is wrong and/or lies about so much in the course of this interview --- taped by a major broadcast news network, but never aired, in 2006 --- that we don't even have time to dissect it all. So, for the moment, I'll leave it to all of the good denizens of The BRAD BLOG who are now very well-versed in just how full of it Lamone is during the entirety of this interview.

"I think you're in Fantasy Land, so I'm gonna end this," Lamone says, ironically enough from the bowels of her own Fantasy Land, in support of her 100% faith-based voting system, before she rips off her mic, walks off camera, and ends the interview. We guess she's not used to being interviewed by a reporter who knows what she's talking about.

The remarkable, never-before-seen video follows (appx 6:45 mins)...

As I haven't had much (if any) time to focus on it since last Tuesday's election, I just wanted to toss in for now, here on Veterans Day, that I find it hard to believe that many of those vets, to whom we ought a great debt, would have risked their lives to fight to remove individual freedom, personal liberties, and hard fought rights for any American.

Thus, what may have happened in this state last Tuesday, when voters apparently voted in favor of Prop 8 to remove the right to marriage equality for same-sex couples, is an embarrassment and a reminder of why rights should never be put up for popular vote. The U.S. Constitution --- and presumably the CA Constitution, which will be amended by this proposition, if it's allowed to stand --- is meant to protect and guarantee the rights of the minority from the tyranny of the majority.

Had it been placed on the ballot for a popular vote in the 1800's, slavery would likely have been approved by the electorate as well. That wouldn't have made the right to live free of enslavement in these United States any more correct than removing the right for same-sex couples to share all of the benefits (whatever they may be) of marriage that every other couple in America has the right to enjoy.

What a shameful disgrace. It will not stand. But it remains an extraordinary embarrassment that so many still have to go to such lengths in order to guarantee their individual rights and freedoms in 2008...particularly after all that we've been through in this nation.

Happy Veterans Day to all. And thank you to all of those who have served. Your sacrifice will not have been in vain.

UPDATE: Protest rallies against Prop 8 are planned all over the country this Saturday. Please help keep America free by joining one of them in your town, if you can. More details here...

Guest blogged by Shannyn Moore

ANCHORAGE - It doesn't bother me to have fundamental differences with people. If it did, I'd never get out of bed. The person I most respected growing up, my Pop, was and is a conservative ideologue. I'm crazy about him. Disagreeing with facts is fair and healthy. Arguing from a place lacking intellectual curiosity is quite another as nothing is learned nor gained.

Since my first post questioning the voter turnout and other anomalies in Alaska's election, I've been accused of all sorts of things. I have been misquoted in the Anchorage Daily News. They claimed I wrote the election was "stolen." I wrote "Stolen Election in Alaska?" It wasn't the word, it was the punctuation.

But there is good reason to be concerned. A lawsuit filed in 2006 in State Superior Court to release the Diebold GEMS Software from 2004 revealed the database had been tampered with. Unfortunately, the user log-in and password were set to the default settings so it was impossible to tell who had edited the software numerous times post election, since all entries were made by "administrator" with password: "password". So it's not too outrageous for anybody to believe it's important, this time, to pay very close attention to the results of last Tuesday's election...

This just in from Alaska, where thousands of new ballots continue to be found each day, since it was first reported that turnout in 2008 was 11% lower than in 2004. Thousands of ballots, nearly a third of them, remain uncounted nearly a week after the election. Their numbers could explain the strange results so far in races --- such as those of the felonious Sen. Ted Stevens (R) and the under-investigation Rep. Don Young (R) --- for which pollsters had predicted decisive losses for the Republicans.

Even with the newly acknowledged ballots and even with Alaska's once-popular Gov. Sarah Palin and popular Sen. Barack Obama both on the Presidential ballot this year, turnout numbers still remain slightly below those from 2004. The Anchorage Daily News, with numbers somewhat out of date from those now posted below, called it all "puzzling" over the weekend, and pointed out much of what we've detailed here in previous posts.

The following updated numbers come from the DNC's Alaska Communications Director, Kay Brown late this afternoon [emphasis in the original]...

Many pundits and talking heads of all stripes are summing up this past election as if it was all over. Depending on who their audience is they are claiming that it was all a success and that there were no long lines or they are telling us that there were problems but they were wide-spread. Those who deny the lines only need to look at the pictures and read some of the first-hand accounts of voters standing on line for hours and hours just to vote. There are still tens of thousands of votes being counted nationally. I’m going to hold my opinion on the failures of vote counting, provisional ballot usage, and voter registration data-bases and e-poll books until after all of the votes are counted. ...

The election results being reported in Alaska still stink from top to bottom. While it may be true that fewer voters turned out to vote for Gov. Sarah Palin and Sen. Barack Obama on this year's Presidential tickets than turned out to vote for Bush and Kerry in 2004 --- even with Alaska's record increases in voter registration and voter participation during their primaries and unprecedented turnout during early voting --- it does strain credulity, as noted by Anchorage's Shannyn Moore, by poll analysist/expert Nate Silver and others.

There could be some reasonable explanation for poll-shattering upset victories by Republicans in Alaska's U.S. House and Senate contests, despite pre-election polls predicting near-certain defeat for convicted 7-time felon Sen. Ted Stevens and Rep. Don Young, who is currently under FBI investigation on corruption charges.

The state senator I spoke with --- who can't understand how it could be that polls predicted Democrats would gain 4 to 6 U.S. House seats in Alaska, but instead, according to Diebold and state election officials, currently seem to have lost 2 seats instead --- could simply be wrong in his belief that something strange is going on up there.

But, as always, rather than speculating on any of it, I suggest another way: Find out for certain who won and who lost, in such a way that no party or citizen would have reason to question the final results, by, among other things, counting the ballots --- all of them.

I've come to learn that's a nutty idea that only crazy people would advocate, but for all of you crazy people out there, here's what can be done to try and find out who really won or lost any particular race...

I was happy, if exhausted, to check in with my friend Cenk Uyger on Brave New Media's Meet the Bloggers once again last week. Last time I was in studio, this time, I was at home on fuzzy video cam, on the morning after last week's election (so it wasn't just the cam that was fuzzy that day.)

You can watch the entire episode over at the MTB site. It also features Newsweek's Jonathan Alter and the great Marcy Wheeler of Emptywheel. My four and a half minutes or so, on "how it went", emerging concerns that morning, and a message for Al Franken, follows...

In this space in the Nov. 07 DVN I mentioned that ES&S software was responsible for flipping votes in Crawford Co Kansas. That statement was incorrect. The county did their own ballot programming for the first time. They made a mistake in ballot rotation which caused the votes for candidates to be counted for different candidates in one race. The county also did a poor job of pre-election testing which should have found their programming error.

Meanwhile responsibility for Kenton Co Kentucky’s Hart Intercivic eSlate machines and their failure to record straight-party votes in two legislative races is being revealed. The machines are purchased from and maintained by Harp Industries. Harp also does the ballot programming. Harp has admitted that they failed to properly program Kenton Co’s machines. The county has admitted that they failed to properly do pre-election testing which would have found the problem.

There is a common theme here. Ballot programming can fail and counties must do proper pre-election testing to ensure none of those failures go forward to the election. Even if a contractor or the vendor of the voting system does the programming, counties should always build their own test decks and thoroughly test the machines. ...

-- Brad Friedman, The BRAD BLOG

"DavidNYC" at DailyKos files a well-meaning diary today headlined "How I Became a Vote-by-Mail Convert" in which he offers some reasons, after years of opposing it, that he now supports VBM based on his experience as a poll watcher last Tuesday.

I've previously offered just a few of the most noteworthy reasons that I believe VBM is a terrible idea for democracy, even as I realize that many hard partisans --- from both sides of the political aisle --- love the idea of VBM as it tends to increase turnout and allows them to target their voters quite directly. Lists of who already voted are routinely made available to the major political parties in the days leading up to the election, allowing them to more specifically target their expensive Get Out the Vote (GOTV) efforts on, and before, Election Day.

That's swell for partisans, but not so good for many of us who are more concerned that voters be allowed to vote freely, and that their votes be counted accurately and transparently. And some of "DavidNYC's" thoughtful arguments are misleading at best...

Rightwing, partisan, conspiracy theorists* and bloggers (and, perhaps, sore-losers*) such as Powerline's John Hinderaker have suddenly found religion when it come to the integrity of elections. At least now that it looks like MN's Sen. Norm Coleman (R) may be in trouble in his razor-thin re-election contest against challenger Al Franken (D).

At last check, there were just 221 votes between the two candidates, with automatic hand recount triggered and scheduled to begin November 19th.

The only thing that's particularly clear from Hinderaker's desperate and ill-composed screed over at his Republicanist blog, is that he has no clue what he's talking about. Being the generous fellow that I am, however, and more interested in helping to assure the person who actually received the most votes gets to be the winner of the election than I am in any particular candidate "winning" it, allow me to help him with a few of his misconceptions about the U.S. Senate race in MN, and about elections in general...

It looks like there is strong talk about holding Premier/Diebold at fault for the problems in Hillsborough Co Florida. I’m not convinced that anything will be done except posturing by local officials. Premier claims they warned the county with an email sent in Sept. They did send an email but it is very hard to understand what the problem was and what the solutions were. Perhaps election officials should have asked Premier to be more clear? Perhaps the state should not have certified this system that is still going through the EAC testing and certification process?

The blame for the problem in Crawford Co Kansas has finally been put on the ballot programming in the county’s ES&S system.

On election day a judge ordered machines in Northumberland Co Pennsylvania to be impounded because they were not working properly on straight-party voting. Now a plan on investigating the problem has been announced. The vendor, Premier/Diebold, will send technicians to investigate the problem. In other words the county only wants to know that they were at fault and the machines were faultless....

Today we have reports that ES&S software actually flipped votes in three races at one polling place in Crawford Co., Kansas. We also have reports that ES&S software incorrectly reported results in one race in Polk Co., North Carolina.

The long count of votes in Hillsborough Co., Florida, seems to be over with the blame for problems being put, where else, on “human error.” It seems that Premier/Diebold had warned Florida users of their high-speed OSX voting machines that those machines could not take a high-volume of ballots without bogging down and causing problems. Hillsborough ignored that warning. However, why would a vendor put out a system for use in elections that cannot be used in a high-volume of ballots. King Co., Washington, wanted badly to use that system. If they had it would have been a disaster....

Voters in New York must be very concerned. They have just taken part in the last election for their beloved lever voting machines. Those machines will be replaced by a voting system from one of the vendors who has provided the machines that failed in counties across the country. It cannot be a good feeling to go from the big, clunky mechanical machines to a system that is computer based and prone to error and failure.

Boulder Co Colorado is still counting ballots. They have over 60,000 ballots left of the approximately 166,000 originally cast. Their Hart eScan machines seem to be affected by dust from the paper ballots and they have not figured out that a can of pressurized air might solve all of their problems. They hope to be done with their count sometime tomorrow or Saturday.

Also still counting ballots is Hillsborough Co Florida which is feeding ballots into their Premier/Diebold optical-scan machines one-at-a-time because the system bogs down if they are fed by batches. The Supervisor of Elections has now conceded his re-election in this county and there is talk about a lawsuit against Premier/Diebold....