[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising, pre-Christmas globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun 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.)

Scheduled tonight (so far):

• A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
• LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
• PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

Ohio's Secretary of State Jennifer Brunner is planning "a first-of-its-kind audit of votes from the March 4 presidential primaries, saying the outcome should help ensure the integrity of future elections," according to a report this morning from the Columbus Dispatch.

"Brunner is calling on 11 counties to volunteer for the audit, in which at least 7 percent of the votes cast in each county would be rechecked by hand," the paper reports.

That's good. But there are a couple of points that we hope she is well aware of, since such post-election audits can offer a deceptive result in a number of cases...especially on touch-screen machines...and especially in Ohio...

Bad news and/or good news, depending on how you wish to look at it...

First this...

Followed by this reassuring(?) update to the same article, posted 57 minutes later...

Why must it always come down to Ohio?

Diebold touch-screen voting disasters continue in Cuyahoga County, Ohio. When will the new SoS Jennifer Brunner simply pull this plug on this entire mess?

From the Cleveland Plain Dealer...

While the county was able to re-print paper trails on these machines to be counted in the recount, the practice completely defeats the point of such paper trails in the first place, since they are supposed to be verified by the voter (even though we know they usually aren't, and even when they are, voters fail to notice vote-flips).

If the paper trails are re-printed from the internal machine numbers, which can't possibly be verified by the voter, there is absolutely no point in even having such paper trails at all.

So again we ask, when is SoS Jennifer Brunner going to simply declare these machines uncertified all together. When will the rest of the election officials in the country declare same? It looks like it won't be before the 2008 elections begin. So...here we go again...

(Hat-tip Ed Still's VoteLaw. For much more continuing, detailed, on-the-ground, first-hand reports on these various latest disasters from the counting room in Cuyahoga, please see citizen Adele Eisner's top-notch blog coverage!)

A good report from a couple of days ago from the I-Team in Cleveland, Ohio. Unfortunately, they tend to run such reports just before Election Days, when it's too damned late to do a damn thing about it.

Nonetheless, some very good stuff here. Of particular note are the points from Diebold's recommendations which "appear to border on the absurd," that should voting machine memory cards be lost, "elections must be re-scheduled." Or if they fail, as our recent story concerning Diebold's admissions about memory card failures in Florida pointed towards, the company says "all voters will have to be called in to re-vote."

Heckuva voting system guys. Check out the report, above right.

NOTE: Discussion of suing Diebold comes up in this piece yet again. Along with the same concerns, as heard elsewhere, about "the Catch-22" of suing voting machine vendors. Namely, counties are afraid to sue the company they rely on to run their next election! The counties and the vendors are "joined at the hip," as the I-Team report points out. Call it a soft form of extortion, really.

If you haven't already, please sign VoterAction's petition calling on Congress to "conduct a full investigation into the dangers associated with the privatization of our public elections and to determine whether certain US voting systems companies have committed crimes under federal and state anti-fraud laws."

For an early look at concerns, largely of voter-suppression issues, around the country, Alternet has a very good state-by-state preview this morning.

There is new information on the Cuyahoga County, Ohio, November 2006 election that shows that voting results on more than 1 in 4 voting systems failed to match up with the results on the central tabulator. The election was held under the administration of Michael Vu, the county's now-resigned Election Director who has, incredibly enough, been immediately hired up by the People's Republic of San Diego County and their former Registrar Mikel Haas (along with Vu, one of America's worst, so he was promoted by the county, naturally!) as the new Assistant Registrar of Voters...

From AP:

Amazing enough, but it gets much, much worse....

Ohio's Secretary of State Jennifer Brunner cleaned out the last dead-ender from the Cuyahoga County (Cleveland) Board of Elections today. That would be the chairperson of the BoE and the head of Ohio's Republican Party, Bob Bennett (see previous coverage here.)

Bennett was the last of the four directors of the Board of Elections (supposedly two Democrats and two Republicans) to leave the board of the state's most Democratic-leaning county. The other three resigned after requested by Brunner in the wake of the convictions of two Cuyahoga Elections Officials for rigging the 2004 Presidential Election recount, a raft of disastrously run elections and a new criminal investigation into malfeasance at the county election board. The new investigation includes the early printing of absentee ballot results and an unexplained network cable left attached to the central tabulator overnight.

According to a statement posted to the SoS website, Brunner notified Bennett today about his suspension in writing, and has also announced yet another new charge against him:

Accountability to continue in Ohio...

One more of the Cuyahoga County (Cleveland), Ohio, Board of Elections directors, Republican Sally Florkiewicz, has stepped down this afternoon. Her resignation leaves just one member, the board's chairman, Bob Bennett, left to fight the demand by Secretary of State Jennifer Brunner that all board members resign in the wake of a years-long string of elections disasters, two criminal convictions related to the recount of the 2004 Presidential Election, and a new criminal investigation which was launched last week into newly-revealed administrative election improprieties and irregularities in the county.

The resignation of Florkiewicz from the board of Ohio's most Democratic county leaves only Bennett --- who is the chair of both the Election Board and the state's Republican party --- to fight the order by Brunner. A hearing will be held next Monday concerning the complaint filed along with the SoS's resignation demands, after which Brunner is free to fire Bennett directly, according to state law. As ever, the members of Ohio's supposedly "bi-partisan" boards of election have always served at the pleasure of the SoS, who, for years, was the highly partisan right-winger and co-chair of Ohio's Bush/Cheney 2004 committee, J. Kenneth Blackwell.

Brunner replaced Blackwell last November after the former SoS was thoroughly rejected by Ohio voters in his bid for Governor.

"Regrettably, the lone board member who has refused to resign will face removal," Brunner said in a statement posted to the SoS website late this afternoon. As to today's resignation, she added, "It's unfortunate that Ms. Florkiewicz was unable to resign until faced with a complaint to remove her from the board."

While the board's two Democratic members resigned last week not long after receiving Brunner's request, an official in Ohio closely following the matter has told The BRAD BLOG that Florkiewicz exited her post today with anything but grace.

"The Secretary of State has decided to use the Cuyahoga County Board of Election to advance a partisan agenda," Florkiewicz contended in her resignation letter, "and I am not willing to be used as a political statement."

But one of our sources wonders how the request to remove "2 D's and 2 R's demonstrates a partisan agenda"...

From AP...

Golly. We're shocked. We wish we would have paid closer attention to that whole 2004 Ohio Presidential Election scam thing instead of ignoring it all these years.

Oh, wait, that was just about everyone else other than The BRAD BLOG, across the near-entirety of both the MSM and the bulk of the Progressive blogosphere.

That aside...as pointed out in the article, the two who were convicted in Cuyahoga County were still pretty small fish...

By way of reminder, the recount --- the one that was rigged by Ohio Elections Officials --- came by way of the Green and Libertarian Party candidates, not by way of the Democrats or John Kerry. As well, the money to pay for the gamed recount was raised by folks on the Internet, not paid for out of the $15 million or so that Kerry reportedly had left in his campaign war chest after the "Election" in Ohio.

All of that, despite Kerry's continued and then broken promise to "Count Every Vote" in 2004.

These convictions occurred in Cuyahoga County, a Democratic stronghold of some 600,000 voters. Kerry "lost" the state of Ohio, according to the history books anyway, by just 118,000 out of some 5.5 million votes cast in the Buckeye State.

In related news, today Kerry decided to quit the 2008 Election, mercifully this time before it instead of afterwards.

Add this to our previous report on the Diebold Disaster in Cuyahoga County, Ohio during yesterday's Primary Election. The Cleveland Plain Dealer headlines their story: "First all-electronic election marred by problems".

As expected the word "Glitch" makes it's way quickly into the headlines in Columbus Dispatch's coverage ("Glitches delay voting and reporting of results") as they cover problems across a number of counties, including counties that use ES&S machines which also failed in a number of locations. Inevitably, the poll workers are blamed by officials, of course.

As to Cuyahoga, the Plain Dealer has set up a running blog on their website covering the ongoing problems. Here's the latest...

The meltdown continues.

Cuyahoga County Election Director (and former Diebold proponent), Michael Vu, described Diebold's performance yesterday as "unacceptable" after problems were revealed all across the county in the state's Primary Election.

The panoply of problems included failed Diebold machines, lack of working power outlets and three-prong adapters for them, machines unable to start up, voters unable to vote, paper jams on the "paper trail" printers, and 17,000 absentee ballots that must now be counted by hand because they don't work with the Diebold optical scanners.

All of it now leading to investigations, as called for by Elections Officials. And, of course, there was the 61-year old voter who destroyed two Diebold machines out of apparent frustration.

With all of that, who even knows yet if the tallies acquired by the machines that did "work" are actually accurate?

WKYC covers with a video report here.

Below is just some of the extraordinary litany of problems revealed during elections in just that one county yesterday according to WKYC. We wish someone had warned them of the possibility of such problems in advance...