There are two important late Friday announcements from the newly revived, post-Bush Voting Unit at U.S. Dept. of Justice's Civil Rights Division this afternoon. In both cases, they've raised serious concerns about discrimination by Republican Presidential front-runner Rick Perry's Texas against Hispanic and African-American voters.

Given the Lone Star State's history of discrimination against racial minorities, new laws and regulations which relate to elections and voting must be pre-cleared by the Dept. of Justice before they can be put into effect, as per Section 5 of the federal Voting Rights Act.

In one finding, the DoJ sees purposeful discrimination against minorities in the state's redistricting plans [PDF] for apportioning both new statehouse districts, as well as four new U.S. House seats being added in the wake of the 2010 census. The new seats are being added due to an increase in the TX population, thanks in no small part, ironically enough, to huge growth in the state's Hispanic population. The DoJ finds the proposed statehouse plan violates Section 5 of the Voting Rights Act, stating that it "was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to the Texas House of Representatives."

The TX plan for the U.S. House didn't fare much better (see below), with similar findings that minorities are likely to see a "retrogressive effect" in their ability "to elect their preferred candidates of choice to the United States House of Representatives" under Perry's approved scheme.

Moreover, in a letter that echoes questions recently sent by the DoJ to the state of South Carolina about their new polling place Photo ID restrictions, as The BRAD BLOG detailed earlier this month, the DoJ has a series of questions concerning Texas' new, very similar restrictions. As the law mirrors the one in South Carolina --- and in many of the other states where the GOP has been able to ram through similar voter suppression bills over the past year --- many of the questions from the DoJ to TX also ask about the their plans for notification about the law, and issuance of free IDs to the more than 600,000 otherwise-legally qualified voters who don't currently own state-issued ID that would meet the strict new requirements to cast a vote at the polls on Election Day.

In TX, the DoJ voting unit is curious about how many of those residents who don't have such IDs also happen to have Spanish surnames...

[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

A potentially interesting situation is underway in New York's 23rd Congressional district where post-election canvassing of the recent Special Election for the U.S. House is still underway.

According to Syracuse's Post-Standard, the post-election canvass shows the race between Conservative Party candidate Doug Hoffman, who conceded on Election Night, and Democratic candidate Bill Owens, who was sworn in as the district's new U.S. Congressman last Friday, to be tightening as results are double-checked, errors are being found, and a few thousand absentee ballots are still uncounted.

The race, regarded by many as a a bellwether contest before next year's full Congressional elections, appeared to have swung in the Democrat's favor on Election Night, following the suspension of the campaign of Republican candidate Dede Scozzafava who threw her support to Owens after she'd dropped out just days prior to the election.

On Election Night, Owens was reported to be the "winner" by just over 5,000 votes, with 93 percent of the votes tallied, leading to Hoffman's concession. Since then, various errors have been discovered in at least two different counties, resulting in a gain of some 2,000 votes for the Conservative Party's Hoffman, bringing the latest tally to 66,698 to 63,672. Closer, now a 3,000 vote margin, but still favoring Rep. Owens.

There were, however, some 10,200 absentee ballots requested and distributed. And, as we understand New York's state election laws, none of them have yet been counted. Many of those ballots were purportedly cast when Scozzafava was still in the race. At that time, according to Hoffman's campaign at least, they might have had an edge in the then-three-way contest. So it's possible, though believed to be a long shot, that Hoffman could gain enough votes in absentees to eclipse Owens.

This scenario --- a Congressional candidate quickly sworn in, based on unofficial results shortly after a bellwether Special Election before all votes have been properly counted --- should be a familiar one to long-time readers of The BRAD BLOG. A very similar situation occurred in the 2006 race to replace the jailed Republican Rep. Randy "Duke" Cunningham in California's 50th Congressional district.

While Republicans who stood in support of the Conservative Party's Hoffman this year --- he was endorsed by the likes of Rush Limbaugh, Sarah Palin, Glenn Beck, Michelle Malkin and the Republican Party itself (only after Scozzafava was pressured to drop out) --- are finding some cause for optimism in the still-narrowing margin. Limbaugh certainly has, at least according to his breathless reporting of the goings-on in NY-23 on his show this morning.

But the legal maneuvering and judicial precedent that the then-Republican-led House pulled in the Summer of 2006, in order to keep votes from being counted in the CA-50 Special Election and, indeed, to keep the voters of California from even being able to contest their own election, should ensure that Hoffman can no longer, legally, take possession of the House seat via any challenge in New York --- even if he's eventually found to have received more votes than Owens!...

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...

From this week's San Diego Reader...

If you don't understand the above, a) You need to visit The BRAD BLOG more often, b) See this, and then c) See this, and then d) Pray for the good voters of the People's Republic of San Diego.

Thanks to artist Neal Obermeyer for paying attention! More good stuff from his own official site.

Guest Blogged by John Gideon

It has just been announced by San Diego County that they have hired Deborah Seiler as their new permanent Registrar of Voters. Ms. Seiler joins the county elections office from her job as the Assistant Registrar in Solano County, California.

"Seiler brings unique elections experience from the state, local and private sector that adds valuable perspective at a crucial time," according to a press release (posted in full at the bottom of this article) as issued today by San Diego County.

All of which sounds great, until one does a moment or two of Googling --- particularly on that "private sector" point mentioned --- and Seiler's troubling past is quickly revealed to be yet more bad news for the voters of San Diego, who continue to get the worst of what American democracy is supposed to look like.

Look what we found out about Seiler...

From the San Diego Union-Tribune today:

In the North County Times' report on same, which focused on the difficulty the county may have in finding a replacement for Haas, and bothered, (unlike the as-ever rightwing U-T's coverage above) to note just some of the fire that Haas has been under for his horrible performance as head of elections in SD, added:

A "troubleshooter" indeed, for the hard rightwing San Diego County administrators.

A quick review of a just a few BRAD BLOG items concerning Haas will inform the initiated about one of America's worst, most dangerous, partisan Elections Administrators and the disaster that Diebold's man in San Diego has been for the voters of San Diego as he's overseen/mis-managed such elections as the Busby/Bilbray race and many more.

His failures have led both Democrats and Republicans to call for his resignation. Little wonder then, here in Bush's World, that he's now been rewarded for his bad work. Can the Medal of Freedom be far behind?

Heckuva job, San Diego!

"We need not (and do not) resolve the question of whether the election contest at issue here fits within the category of election contests that may be entertained without infringing on Congress' authority because the instant dispute can, and should, be resolved on a much narrower ground — mootness."
-- CA Court of Appeals (4th District), Majority Opinion, Jacobson v. Bilbray, 3/20/07

Need more evidence for why election results need to be right on Election Night? Look no further than the now-infamous CA50 Busby/Bilbray Special U.S. House Election to replace Randy "Duke" Cunningham last June.

The latest chapter finds an Appellate Court in California dismissing the case on the grounds that the issue is now "moot" because the six month term for the original election being challenged has now ended. That, despite the defense never even having raised the issue. And thus, the voters' right to even have a proper recount as afforded by state law, in order to find out who had the most votes in an election, is usurped by the U.S. Congress's ultimate Constitutional authority to decide who will be seated in its chambers....

Guest Blogged by Ken Simpkins

ED NOTE: Over the last nine months or so, along with attorney Paul Lehto, Carlsbad, CA attorney Simpkins has filed a number of voter lawsuits in San Diego in his continuing attempt to help bring accountability to the unaccountable San Diego County Registrar of Voters, Mikel Haas and his atrocious elections administration. Those suits included complaints and appeals in the now-infamous Busby/Bilbray Special Election as well as voter lawsuits brought both before and after last November's General Election in San Diego.

After being stonewalled by the San Diego County Registrar of Voters Office on requests for recounts, information regarding the right to vote on paper ballots, and the results of an audit of the November 2006 election, citizens are taking action. Last Thursday, a complaint [PDF] was submitted to the new California Secretary of State, Debra Bowen, addressing voters’ concerns. Secretary Bowen was voted into office on the promise of cleaning up elections.

SD County's Registrar of Voters, Mikel Haas, has attracted the attention of The BRAD BLOG for many months as "one of the worst elections officials in the country." His policy of sending pre-programmed, election-ready Diebold voting machines home with poll workers weeks in advance of elections, without any training on security or assurance that the machines would be held in a secure environment, likewise attracted the ire of many San Diego County voters. Those same voters are signing a petition urging the Secretary of State to investigate the allegations in the complaint and report on the findings. I urge you to sign it as well.

The complaint reports on the violations of the certification requirements under state and federal law, the failure to properly test the machines pursuant to official procedures, the policy of undermining the right to vote on paper ballots, and the disregard of basic auditing principles in conducting the required one percent manual tally.

The voting machine "sleepover" policy is one example of the disregard by the Registrar of Voters of the proven vulnerabilities of the Diebold machines, which can be hacked in one minute and made to change the outcome of an election. In defending the sleepover policy, Mr. Haas points to the "tamper-evident" tape used to seal the memory card compartment as sufficient security against fraud. But, when one observer discovered on election day that the tape had been removed from the machines at two precincts, and reported the violation of the certification requirements to Mr. Haas, he refused to take the machines out of service and allowed voters to cast their votes on the then-uncertified machines...

Yes, like the Energizer Bunny, the case in CA50 (Jacobson v. Bilbray) is still going. The first oral arguments on the appeal took place on Monday.

To recap: the original case was filed last Summer by San Diego voters Gail Jacobson and Lillian Ritt against then-candidate Brian Bilbray and SD County Registrar of Voters/Voter Hater Mikel Haas, after a BRAD BLOG report revealed that pre-programmed, election-ready, hackable-in-60-seconds Diebold voting machines were sent home illegally (in our rarely humble opinion, though one shared in a recent interview by California's new Secretary of State Debra Bowen) with poll workers on overnight "sleepovers" days and weeks before the U.S. House Special Election last July to replace the disgraced Randy "Duke" Cunningham.

There is much more than just the "sleepovers" at question in the case, like the fact that Haas, one of America's worst Elections Officials, arbitrarily and capriciously quoted a legal request by voters for a hand-count in the race at $150,000, effectively stymieing the possibility that such a count would happen at all. Also at issue is the fact that the case was tossed out by a lower court judge after the Bilbray team argued --- with the help of a letter [PDF] from the then-Republican U.S. House Admin Committee in Congress --- that California courts and voters had no say over the issue.

In that letter, the House Admin Committee argued that they, not the California courts or voters, had sole jurisdiction over the case once Bilbray was sworn in. He was sworn in after a fax was sent claiming he was the winner of the election, from the very partisan and now-former CA SoS Bruce McPherson's deputy, Susan Lapsley. Lapsley sent the fax just days after the election, despite the controversy that had erupted over the effectively-decertified voting systems used in the race, the slim reported margin between the two candidates, and the fact that the state hadn't yet actually certified the race, in which tens of thousands of votes in San Diego county had yet to be counted at the time.

Attorney Paul Lehto, working with Carlsbad attorney Ken Simpkins, filed both the original case and the appeal. UPDATE: We've now got a number of accounts of the argument from folks in the courtroom on Monday.

First, Simpkins sends us the following update (which is shorter than our recap) from the first day of hearings last Monday in the appellate case...

Like brother like brother. Even San Diego County Registrar of Voters Mikel Haas's brother apparently believes it just fine to cheat at the polls.

Online polls in any case.

The BRAD BLOG has learned that Don Haas, the brother of SD County's Registrar, (one of the country's worst, by the way) has apparently been gaming a recent online poll hosted at the website of conservative San Diego radio talkshow host Roger Hedgecock. The right-wing talker has joined the chair of the Democratic County Chair in calling for Mikel Haas's resignation due to his abominable administration of county elections.

A quick investigation by The BRAD BLOG this morning reveals the poll used at the Hedgecock site can easily be gamed by simply deleting "cookies" on users' computers, allowing them to vote as many times as they wish. Don Haas encouraged readers in a posting yesterday at his website to "act like a democrats and vote three times."

As well, brother Don has been posting anonymously here at The BRAD BLOG with the user name "OMSmedia" since November 9th. In a comment this morning, in reply to Democratic U.S. House candidate Francine Busby's concession in the CA-50 race last night, Don describes her as a "loser" and continues by adding "love it when you uninformed nutroots lose."

He has his own website at OMSMedia.com which has a "Hardcore Conservative" graphic logo on the home page. In various postings in the "Live Journal" on the site, Don supports his brother's use of hackable Diebold voting machines, spreads disinformation about them, refers to Democrats as "asses," suggests all "gay representatives" are "pedophiles," and writes that "any [Senatorial] candidate yelling about the President should just resign"....