We don't usually offer much space here to sex scandals, unless, in some cases, they demonstrate, for example, blatantly offensive hypocrisy in regard to everyone else's civil rights (talking to you, disgraced former Sen. Larry Craig (R-ID)) --- or, as in the case of disgraced now-former Sen. John Ensign (R-NV), charges of blatant criminality.

The details out of the bi-partisan, unanimously approved 68-page report released late yesterday by the U.S. Senate Ethics Committee --- which usually does absolutely nothing --- referring the Ensign case to the Dept. of Justice and the FEC for criminal prosecution are stunning, and much worse than previously understood.

In their letter to the DoJ [PDF] the Committee's Chair and Vice-Chair, Senators Barbara Boxer (D-CA) and Sen. Johnny Isakson (R-GA) respectively, refer the matter...

But even that damning summary of wrong-doing fails to adequately describe the offensive squalor at the heart of this mess, as you'll see below.

Moreover, another reason worth mentioning the whole scandal here: there may be at least one scofflaw still on the loose in regards this matter, still serving in the U.S. Senate --- namely, Sen. Tom Coburn (R-OK), one of the very few involved in this extraordinarily ugly, sad and shameful scandal to have, so far, gotten off largely scot-free despite his apparent role in attempting to cover it all up for his friend Ensign.

Finally, there is still one more reason to mention all of this: to highlight the fact that Ensign has now been replaced in the U.S. Senate by the scofflaw, and lying, former NV Secretary of State Dean Heller. Be sure to read on below for details on him and how he too has been allowed to avoid accountability for years despite having, in 2004, illegally certified the 100% unverifiable e-voting systems now used across the state of Nevada (and also used to elect him to the U.S. House of Representatives in 2006.)

Rachel Maddow did a fine job of summarizing the remarkable Senate Ethics Committee report on Ensign on Thursday night, so we'll happily allow her to do so again below, as we're buried in several other stories ourselves at the moment...

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...

As long ago as October of 2007 we offered an article headlined "How is It That Barbara Dunmore Still Has a Job?" As of tonight, Dunmore, the now-former Riverside County, CA Registrar of Voters, doesn't have one anymore.

We've described Dunmore, over and again throughout the years, as "an unmitigated disaster" and "among the worst Registrars in the nation". And now she's finally been put out of the misery of the voters of Riverside, the first county in the nation to go to 100% touch-screen voting in 2000.

The $30 million bust of an investment into unsecure, oft-failed, easily manipulated, completely unverifiable touch-screen systems made by Sequoia Voting Systems was carried out by her predecessor Mischelle Townsend (who would famously say, on camera nonetheless, "Electronic touch-screen ballots are 100% accurate. We've not seen a single example in which their accuracy can be disputed."), but Dunmore succeeded over the years in doubling-down on Townsend's horrible decisions and consistently anti-voter policies....

Late last week, AOL News asked me to contribute an op-ed for their Election Eve coverage. That op-ed, which they've headlined "Cast Your Ballot Against Electronic Voting", is now posted here...

The upshot of its argument: If Republicans are set to take over the U.S. House, as predicted, and if they've suddenly found religion in regard to the dangers of electronic voting, as they seem to be asserting in North Carolina, in Nevada and in Texas, then it'll soon be their turn to take legislative action to once and for all ban the horrific, anti-democratic (small "d"), 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems plaguing our nation before they are again used to pervert results of the 2012 Presidential Election --- just as they have every year since they've been introduced into our electoral system (by a majority Republican Congress, by the way, in 2002.)

Please check it out and leave some nice (or not so nice) comments there, as you see fit. Lot's of disinformed bumpkins seem to currently be weighing in. Please free to straighten them out. Politely.

Other pieces I've contributed elsewhere of late, in advance of tomorrow's election:
• For Salon: "The Faith-Based Vote"
• For Truthout: "Hacking Harry Reid (or, Sharron's Angle)"

[UPDATE 10/30/10: The North Carolina Republican Party has both filed and won their suit against the State Board of Elections. See details at end of article for more.]

It would have been nice if these guys had spoken up years ago, when the bulk of the Republican Party and their sympathizers were labeling Democrats as "conspiracy theorists" and "sore losers" for their documented complaints of touch-screen voting systems flipping votes on screen to Republican candidates. But better late than never, we suppose.

This afternoon, Legal Counsel for the North Carolina Republican State Executive Committee sent a letter [PDF] to the NC State Board of Elections threatening legal action if their "demands" were not "immediately" met for taking a number of specific actions to mitigate reported touch-screen voting problems describes as "significantly more widespread than the NC GOP initially understood."

The GOP attorney, John E. Branch III writes that the voting system problems should have been addressed prior to the early voting period "and, to the extend they were not, the touch screen systems should have been banned."

The problems in contention are related to reports of the state's ES&S iVotronic e-voting systems reportedly showing votes as flipping from Republicans to Democrats on the screen. The threat from the state GOP comes on the heels of complaints made last week in two different NC counties, Craven and New Hanover. Those reports were a switch from previous years when voters in dozens of states had reported votes flipping largely from Democratic to Republican.

Branch charges that the party has "received word" that similar problems have emerged in "Mecklenburg...Randolph...Cumberland, Wilson, Pender, Forsyth, Lenoir and other counties," which all similarly use the oft-failed, 100% unverifiable ES&S touch-screen voting machines. The same systems are also used in more than a dozen other states...

[Note: This piece was originally written for and published by Truthout earlier this week, prior to escalated, and often breathless, allegations now being made from the Right of "voter fraud!" and "election theft!" by the Reid campaign in NV. Many of those claims are baseless and evidence-free at this time, though some have roots, at least, in legitimacy. The article which follows offers evidence for the legitimacy of some of their claims. But I will try, if time allows, to post another piece soon, separating important fact from irresponsible and even sometimes silly fiction in many of GOP/Fox/Drudge/Breitbart-fueled allegations in NV. - BF]

Sharron Angle should start filing the lawsuits right now. Then again, so should Harry Reid. However, it might be a bit more difficult politically for the Senate majority leader, given the undeserved support Reid has shown in the past for Nevada's 100 percent unverifiable, error-prone, hackable, illegally-certified, electronic voting systems the state forces all voters to use at the polling place.

Given that the Angle/Reid contest in Nevada is likely to be among the closest - and most closely-watched - races for the US Senate this November 2, both parties would be wise to get to court and file for an order to ensure all of the hard drives, flash memory chips and memory cartridges to be used in their electronic voting machines during both early voting and on Election Day are securely retained for 22 months after the election.

The federal law requiring as much, Retention of Voting Documentation (42 USC. 1974 through 1974e), has, however, never been followed in any state to my knowledge, at least in regard to the sensitive memory cards and hard drives from electronic voting systems. Those devices hold both ballot programming and the way the computers have recorded - accurately or not - the way voters have voted. They might also hold the only evidence of any system malfunction or malfeasance. Nonetheless, officials routinely scrub those materials not long after the polls have closed. Key evidence - perhaps the only actual evidence - of how voters had hoped to vote and of any obstruction to that intent, is thereby lost forever.

The voting machine still used across the Silver State - the horrible, hackable, failure-prone Sequoia AVC Edge touch-screen voting machines with VeriVote "paper trail" printer add-on - has a storied history. There is also a recent history of very close elections in Nevada. Consequently, both candidates would be wise to bring on experienced Election Integrity experts to advise them in what can and will go wrong with those voting systems this year.

Unfortunately, while Reid seems to have long been in denial about the unverifiability and outright failure of the systems used in his state, Angle has likely been duped into buying into her own party's propaganda about "voter fraud," when the real problem is election fraud ... or just plain failure. Particularly in Nevada ...

From Utah's Daily Herald today...

What could possibly go wrong?!

Well, nothing, according to Scott Hogenson, the either clueless or misleading (or both) Utah County chief deputy clerk-auditor...

Problems with New York's new electronic voting system are being reported across the state today, according to the New York Times. Today's primary elections mark the first statewide use of the new, paper-based optical-scan systems which have been been the cause of much controversy among election officials and Election Integrity advocates over the last several months and years in the Empire State.

New York is the last state in the union to replace their older election system --- much of the state, as well as all of New York City had previously used mechanical lever machines --- with new-fangled, failure-prone, easily-manipulated computerized systems following the federal Help America Vote Act (HAVA) of 2002 which was enacted in the wake of the 2000 Presidential Election debacle.

In New York City, where Wall Street Journal reports the problems are "most severe" --- including reports from Mayor Bloomberg on "reports of broken and missing scanners, poor customer service and poll sites opening two to four hours late" --- the new systems are made by ES&S, the nation's largest voting machine company, and one with a storied history of election failures.

The systems used in other parts of the state are largely manufactured by the Canadian firm Dominion Voting, formerly as a partnership with Sequoia Voting Systems. Dominion eventually bought out cash-strapped Sequoia's portion of the NY state deal before buying out Sequoia entirely earlier this year. The purchase of Sequoia, then the nation's third-largest e-voting firm, on the heels of their purchase of Diebold/Premiere just weeks prior, has vaulted Dominion, virtually overnight, to one of the largest e-voting vendors in the U.S..

[Read The BRAD BLOG's recent exclusive on the Dominion purchase of Sequoia, and their attempts to cover up the continuing relationship that Sequoia has with a Venezuelan firm tied to President Hugo Chavez.]

Some state election officials and Election Integrity advocates alike had long-warned against the implementation of these new systems, going so far as to take the issue to court and to testify to the inability of certifying the accuracy of elections run on the new machines.

According to the Times this morning, some polling places "did not open for more than 90 minutes" in Brooklyn; elsewhere, every ballot scanned "was returning a the 'system error'" message; and across the state, there have been reports of "longer-than-usual delays and troubles with the scanners that are supposed to swallow and tabulate the new, SAT-style ballots"...

[Ed Note: L.A. County Registrar-Recorder/County Clerk Dean Logan was my guest on Wednesday night to discuss this report and its associated issues, as I am guest hosting the Mike Malloy Show again this week. The audio archive of that interview is now posted here. - BF]

-- Brad Friedman, The BRAD BLOG

The Los Angeles County Registrar-Recorder/County Clerk's office has issued a 5-page report on the complete failure I experienced while attempting to cast a ballot on the county's electronic voting system during this year's June 8th statewide primary.

The failures that I encountered last month --- as I detailed that night --- mirrored, almost exactly, those that occurred when I attempted to use the very same system, at the very same polling place, during the statewide primary in June of 2008 when the ES&S InkaVote Plus e-voting system that time had misprinted 4 out of 12 of my votes.

This time, it didn't misprint my ballot because I caught the problem --- on two separate machines --- before getting to the point where the system would have printed out my ballot. And this time, just as they concluded after a detailed investigation last time, L.A. County Registrar Dean Logan's office is chalking it up to, essentially, 'human error', in addition to limitations and inadequacies of the e-voting system itself...

On Tuesday, the St. Louis Post-Dispatch published an OpEd by Cynthia Richards and Phillip Michaels of the non-partisan election integrity organization Missourians For Honest Elections.

We don't normally do this, but since the entirety of the piece was so tremendously good; and, since it's so rare to see such an on-target OpEd on this topic in any major corporate news outlet; and, since St. Louis is our old hometown; and, since we've met with the MoHonest folks on a number of very pleasant occasions; and, since St. Louis County, the largest in MO, still shamefully uses 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the oft-failed ES&S outfit in no small part because of this blog and this blogger's father; and, since the City of St. Louis still shamefully uses 100% unverifiable DRE systems made by Diebold; and, since much of the rest of the important "swing state" still shamefully uses similarly 100% unverifiable voting systems; and, since both fake "voting rights advocate" (really, top GOP vote suppression scam artist) Thor Hearne, and Bush's horrific U.S. Election Assistance Commission chair (now, Internet Voting huckster) Paul DeGregorio both live there and don't give a damn that voters in the state use such oft-failed, easily-manipulated, fully-unverfiable voting systems; and, since more people are likely to read the full article here than at the the Post; rather than just linking to the editorial, or quoting a few grafs, we're gonna run it in full below.

Please read it, and consider writing similar for your major newspaper in your hometown (and then watch them not publish it)...

After all these years, not much has changed for the denialist jurisdictions that still insult their voters by using 100% unverifiable electronic voting machines.

Pittsburgh's WTAE filed a report last week with a ring of exhausting familiarity --- at least to long time readers of The BRAD BLOG. This one stars, as usual, both an open, unsecured door to the warehouse, and an election official --- in this case, Allegheny County Pennsylvania's Election Division manager, Mark Wolosik --- claiming he's "seen" no problems before, so everything is just dandy, nothing to worry about when it comes to his support of the use of 100% unverifiable electronic voting systems by his county's voters...

As we have long tried to get across to anyone who would listen, the greatest threat to "secure" computerized systems --- such as the electronic voting systems, incredibly, still in use in all 50 states for this year's crucial election cycle --- comes from insiders.

Late last week, another report, this one via ComputerWorld, underscored the point yet again:

The gullible are welcome to buy into the Rightwing propaganda that ACORN is somehow stealing elections, despite the complete dearth of any actual evidence that any vote has ever been illegally cast in any election vis a vis an improper registration by an ACORN worker.

But the facts, demonstrated yet again by the BofA story, are much as non-ideological computer scientists and security experts have been trying to warn for years in regard to electronic voting systems: the greatest threat to such systems comes from insiders, such as election officials who can manipulate results simply and directly and in such a way that they are unlikely to ever get caught doing it.

Even the sham 2005 Rightwing-created Baker/Carter National Election Reform Commission --- created almost entirely to put an "official"-appearing imprimatur on the call for disenfranchising Photo ID restrictions at polling places --- was forced to admit as much in their final report...