Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

Wisconsin's old State Elections Board website (http://elections.state.wi.us/) appears to have been "hacked by Sovalye"...

[Hat-tip Election Integrity advocates Jeannie Dean, Neal Schulz and the folks at the Facebook Election Integrity group.]

[Update 7:19p CT: It looks as if officials have now restored the site. Sort of. Hat-tip again to Neal Schulz.]

The State Elections Board was replaced by the WI Government Accountability Board (G.A.B.) in 2008 as the state's top election authority, combining responsibilities of both the Elections Board and the State Ethics Board into the agency. The G.A.B.'s website (http://gab.wi.gov/) does not appear to be hacked. For now.

Of course, that's just a website, not an actual election or e-voting database. So just because the state's Elections Board website proved to be insecure and was hacked does not mean their actual elections are vulnerable to hacking in any way, shape or form, right? That, even though the state, shamefully, does not bother to check even a single ballot to make sure it has been tallied accurately during an election by its computer op-scanners made by Diebold, Sequoia, and ES&S.

Why worry?

The BRAD BLOG has been warning about the manipulation of e-voting systems for years, along with members of the world's computer science and cyber security communities, and even the CIA, as our own Ernie Canning noted just last week. And yet, our nation continues to use the same vulnerable e-voting systems to tally our elections, rather than bothering to count them with our own, far more reliable and verifiable, hands and eyes, as per Democracy's Gold Standard.

I could link back to all sorts of e-voting hacks we've reported on over the years here, like this one from Princeton in 2006 or this one from the U. of MI in 2010 or this bone-chilling warning from the CIA in 2009, but they'll mostly likely just be ignored. Again.

Instead, we'll just tease you for now with news of yet another new e-voting hack --- perhaps the most disturbing one yet in a number of ways --- that we'll be reporting on very soon. Let's call that one a special delivery for election officials like Jones County, MS, Circuit Clerk Bart Gavin, who reportedly told his county Board of Supervisors this past week that the Diebold touch-screen voting machines used by the entire county "record every vote and there is no way for them to be tampered with."

Really, Bart? You're gonna stick with that, are ya?

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

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...

For weeks, we've been reporting on the mess seen in the statewide "recount" of Wisconsin's very close and very contentious April 5th Supreme Court election between Republican incumbent Justice David Prosser and his challenger, Asst. Attorney General JoAnne Kloppenburg.

As The BRAD BLOG obtained evidence of new irregularities this week --- to add to previously reported revelations of, among other irregularities, ballot bags discovered "wide open" with mismatched or missing serial numbers as well as ballots discovered completely unsecured, all in violation of the secure chain of custody, and other similar messes and mistallies across the state --- we wanted to find out if the state's chief election agency, the Government Accountability Board (G.A.B.), was able to confirm that the ballots counted during the "recount" were actually the ones cast on Election Day. And, if so, how they could confirm that.

To date, with about 25,000 "recounted" votes still to be canvassed from the now infamous Waukesha County, some 2,690 votes have been discovered during the "recount" to have been originally mistallied. That's according to the G.A.B.'s own figures, and includes hundreds of thousands of ballots which were simply re-tallied rather than counted by hand during the "recount," on the same computers which tallied them --- either correctly or incorrectly --- on Election Night.

31 out of the state's 72 counties counted some or most of their ballots by hand for the first time during the "recount" (including several of the largest counties). But, given the fact that supposedly "secured" ballot bags were discovered during the "recount" to have been "wide open" and not secured at all, with little or no explanation from officials, after being accessible for weeks by the same untrustworthy and partisan election officials, such as Waukesha's County's activist GOP County Clerk Kathy Nickolaus, who screwed up the tabulation in the first place, how is it that anybody knows if the ballots finally counted by human beings are actually genuine?

We've been trying, with no small amount of frustration, to get a definitive answer from the G.A.B. on that question for the past week, as well as from the campaigns of both candidates in the race.

The G.A.B. generally agrees with the campaign of the election's current leader, incumbent Justice David Prosser, that broken security seals, opened ballot bags --- even some that are torn open and taped back shut with duct tape, as seen in Waukesha County this week (photos below) --- and other violations of chain of custody are of little concern. So long as the newly tabulated results largely match the results printed on the poll tapes by the computer tabulators at the end of Election Night on April 5th, that is, essentially, close enough for government work.

The G.A.B. and the Prosser campaign, as we confirmed with each directly, and as the G.A.B. indicated on a recent post to their website published in the wake of the specific questions we've been asking them --- are placing their faith largely in the accuracy of the state's oft-failed, easily-manipulated, privately-manufactured electronic voting systems made by companies like Diebold, ES&S, and Sequoia. They are also placing faith in their election official colleagues around the state.

All of which begs the question: What's the point of having a "recount," or of using security procedures and physical seals for the ballots after the election, if violations of those procedures and seals are of little concern to the state's top election agency?

Worse, if the results printed on the poll tapes are the ultimate proof of the accuracy of results, what happens when --- as discovered among poll tapes from the City of Pewaukee in Waukesha County late last week --- the "recount" uncovers "Official Results Report" poll tapes dated a full seven days before the actual election was held?

Or, worse still, what happens when poll tapes failed to print at all on Election Day, as has been seen in a number of towns across the state?...

[See UPDATES at bottom for Bowen statement, final reported results...]

Yesterday, California's Republican-supported Prop 14 --- which voters approved last June, changing the state's separate party primary system to a single primary for all candidates, with the top two vote-getters going on to a run-off election if none receives more than 50% of the vote --- had its first official try-out in the Special Election to replace the resigning Blue Dog Democrat and unrepentant war supporter Rep. Jane Harman in the state's 36th Congressional District.

While similarly "Blue Dog" Democratic candidate and L.A. City Councilwoman Janice Hahn was in the lead last night as results were reported throughout the evening, it was the battle for second place, and therefore the right to participate in the run-off, that presented a real late-night nail-biter twist as unofficial precinct results were completed in the wee hours.

With Democratic CA Sec. of State Debra Bowen running second and seemingly headed for the run-off with Hahn for most of the night, according to L.A. County's running totals, the final unverified results inched self-financed Republican Craig Huey into the second place spot by just 206 votes at evening's end, after all 261 precincts in the very Democratic-leaning CA-36 were tallied.

With nearly 10,000 mail-in, provisional and other votes still to be tallied on the county's optical-scan system, however --- a system which was decertified and then conditionally re-certified, in part, by Bowen herself in 2008 --- the result of the cliff-hanger is likely to ensure "busy days ahead" at the L.A. County Registrar Recorder/County Clerk's office as Dean Logan, L.A. County's Registrar Recorder/County Clerk, noted last night on his personal Twitter account...

It is now officially impossible to know whether thousands of paper ballots being counted in the state of Wisconsin's Supreme Court election "recount" are the same ones actually cast on Election Day. It didn't have to be that way, unlike in Kentucky, where the voters never had a chance, and where high-ranking election officials have now been sentenced to more than 150 years in federal jail following "decades" of manipulated elections.

Thanks to serious chain of custody violations in Wisconsin --- such as ballot bags discovered to have been left "wide open" and unsealed in Waukesha County, and ballots left completely unsecured for weeks in the office of the Verona City Clerk in Dane County --- that now make it quite likely the real winner of the April 5th election for a 10-year term on the bench of that state's highest court will never be known for certain. That, even though thousands of votes have now been verified as having been miscounted during the state's partial hand-count, and even as the hotly-contested seat in question will determine the ideological balance of the court during one of the most contentious moments in Badger State history.

The majority of voters in Wisconsin cast their votes on hand-marked paper ballots. However, due to a failure to count those ballots publicly on Election Night, at the precinct, in front of the public (as per "Democracy's Gold Standard"), citizens are left guessing and forced to place misguided trust in partisan election officials like GOP activist and Waukesha County Clerk Kathy Nickolaus and her unsecure chain of custody and election reporting procedures.

With results that will never be known for certain, the razor-thin contest has now become a fully "faith-based election," in contradiction to the checks and balances necessary for true self-governance.

But where Wisconsin could have had an overseeable and fully verifiable election in which voters might have had confidence, voters in Kentucky, for years, never even had a chance as they were forced to vote on 100% unverifiable touch-screen voting machines.

The good-ish news? That is changing, as much of the Bluegrass State is finally turning to the use of hand-marked paper ballots, though they plan on tallying them similarly to Wisconsin, via oft-failed, easily-manipulated optical-scan systems manufactured by private vendors, rather than counting them transparently in front of the public.

Given Kentucky's recent history, that's a particularly troubling prospect, as underscored by several developments in two different counties in the state of late.

In 2009, a spate of high-ranking election officials in Clay County, KY --- including the County Clerk, a Circuit Court Judge, the School Superintendent, a former Magistrate, and several polling place officials --- were arrested in a massive vote buying/selling and electronic vote-machine rigging conspiracy which netted the criminals millions of dollars over the past decade. The federal charges included the County Clerk and other members of the Board of Elections having intentionally falsified election reports to include inaccurate voting results when submitted to the state.

One Republican election official pleaded guilty after the arrest two years ago, and the other eight were found guilty and convicted last year in federal court. They were sentenced this past March to a total of more than 1,871 months in federal prison.

And last week, in a separate, newly developing case, state officials impounded electronic voting machines in Perry County, KY, after Republican candidates in last November's election complained of "vote rigging" on the county's 100% unverifiable electronic voting machines...

Milwaukee County has finally turned in their official canvass [XLS] of last week's Supreme Court election in Wisconsin, giving the almost entirely unverified results of the largely paper-ballot election to Justice David Prosser over Asst. Attorney General JoAnne Kloppenburg by 7,316 votes, according to the Wisconsin State Journal:

If Kloppenburg decides to opt for a "recount" the costs would be paid for by the state, since the canvassed results have her trailing by less than 0.5% statewide. Prosser's margin of victory, according to the currently reported numbers, should they become official, would be just 0.488%.

The official canvassing process in Milwaukee (and, indeed, the bulk of Wisconsin), is little more than a reconciliation of the number of voters who signed into poll books, plus the number of voters who registered at the polls on Election Day, plus any absentee ballots not scanned at the polling place (as in Milwaukee, where absentees are now scanned centrally, instead of at the polling place) plus a few provisional ballots later verified and counted, as matched against the number of votes reportedly cast, according to results tapes printed out by optical-scan computers such as those made by Diebold, ES&S, Sequoia and Populex.

Actual results reported by those computers are not verified by human beings as being accurate during the canvass process. Only the number of ballots cast is reconciled, not the actual votes for each candidate, in general. That, despite the fact that hand-marked paper ballots exist --- and could be counted for accuracy --- for the vast majority of the votes cast across the state on April 5th...

As several folks have requested, here is my "Special Comment" on "Democracy's Gold Standard" in the wake of Wisconsin's Supreme Election Debacle from my final night of the week guest hosting the Mike Malloy Show last Friday night. It's presented here in quick and dirty video form in hopes that it'll get a few more eyes and ears than just the audio would by itself...

Please see this article for more on "Democracy's Gold Standard." And here is Nancy Tobi's book: Hands-On Elections: An Informational Handbook for Running Real Elections, Using Real Paper Ballots, Counted by Real People.

A text transcript of the "Special Comment" follows below...

Guest blogged by Ernest A. Canning
• UPDATED 2:59pm PT with additional reporting from Brad Friedman

With 100% of the precincts now reporting unofficial results, Assistant Attorney General JoAnne Kloppenburg leads Justice David Prosser by a remarkably thin 204 votes out of some 1.5 million ballots cast in the Wisconsin Supreme Court race --- according to the computers that count votes in the state.

The unofficial numbers at this hour, according to AP's spreadsheet of those computer results, give Kloppenburg 740,090 votes to Prosser's 739,886.

Despite Kloppenburg's tiny reported lead, the race is virtual dead heat in what might otherwise be a little-noticed state Supreme Court election. The race, however, has been turned into a proxy battle between supporters of the state's controversial new Republican Gov. Scott Walker (who Prosser has allied himself with) and union workers and their supporters who oppose Walker and the state GOP's attempt to legislate away the freedom of citizens to collectively bargain through public worker unions. Outside groups, according to NYU's Brennan Center for Justice, are said to have spent a record $3.5 million on so-called "issue ads" to support their favored candidate in the closing days of the election.

For proponents of Election Integrity, there is both good news and bad in the Badger State. The good news: most of the state's voters used verifiable hand-marked paper ballots to record their votes yesterday. The bad news: Those ballots are counted by easily-manipulated, oft-failed computers instead of human beings; 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting machines are used by some voters with disabilities across the state; and, given close results, even if a hand-count of paper ballots occurs, as is likely, the number of votes cast on unverifiable DREs could end up being larger than the final margin between the two candidates --- meaning that it will be, literally, impossible to know for certain who actually won the election...

[Now UPDATED with tonight's audio archives below. Enjoy!]

Our final night after a full week guest hosting the nationally syndicated Mike Malloy Show and, as promised last Friday, we got rid of Mubarak before Mike got back! You're welcome, Egypt! And Mike!

As you may know, on last night's show we revealed the targeting by the U.S. Chamber of Commerce's thugs on my non-profit organization VelvetRevolution.us and our StopTheChamber.com campaign, but also, as we learned during the show, the same thugs were also targeting me and my family personally!

After the show, The BRAD BLOG was knocked out and has been down ever since. Don't know if the two issues are related or not, but I posted a brief statement on it at MikeMalloy.com earlier today and spoke a lot more about it all in an interview article with Firedoglake's David Dayen.

As the blog is still down at this hour, we'll be holding our usual LIVE chat during the show at MikeMalloy.com (where I am posting this item tonight). We will not be deterred by thuggery of any type!

We're BradCasting LIVE again from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG during the show, so please come on by and say hey while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Tonight, along with Egypt updates:

• MARCY WHEELER of Emptywheel, who has been slogging through thousands of hacked emails since yesterday, helping to reveal the self-proclaimed "gangstas" at HBGary, Berico Technologies, Palantir Technologies and law firm Hunton & Willaims who were involved in the proposed disinfo campaigns to smear progressive organizations (and the family of yours truly) on behalf of the U.S. Chamber of Commerce and Bank of America.
• FRANK HEINDEL, the Republican South Carolina businessman who made it his business following last year's reported "victory" of the unknown Alvin Greene in the Democratic U.S. Senate primary on 100% unverifiable voting machines, to figure out what the hell is going on through public records requests revealing thousands of "lost" votes, extra votes and machine error after error.
• SUE WILSON, veteran journalist and documentarian of Broadcast Blues on how to call out the FCC and the corporate takeover of our airwaves, and how to restore the people's airwaves to the people who own them!
• PLUS: Plenty more, I'm guessing, including your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

POST-SHOW UPDATE: Incredibly, the BradBlog.com server admin got the site back up, literally, moments before air time tonight! And what followed was a rockin' show, at the end of a roller-coaster ride of a week. Hope you agree. The commercial-free audio archives are now posted below and I think/hope you'll enjoy them! (The chat room archives are also below.) Thanks to all for a great week, especially to Mike & Kathy who will return Monday! And there was much rejoicing!...

Yup. This about sums it up...

As I say, that about sums it up. "They won," so most of the lawmakers who would be the ones to force voting system reform, don't much care. That, even after the disastrous Democratic U.S. Senate primary last year, which The BRAD BLOG covered in great detail as it all shamefully unfolded. (Search "Vic Rawl" or "Alvin Greene" here for some of that coverage).

But for those who would like a few more details on those "1,389 extra votes in Colleton County," as mentioned in the article above, as well as --- perhaps even more disturbing --- some 13,500 votes apparently missing entirely from Charleston County, please read on...