By Ernest A. Canning and Brad Friedman

We now have yet another ominous sign of trouble that may be on the horizon for this November's election. As if we needed yet another sign. And, once again, the concerns come via failures on paper ballot-based optical-scan computer tally systems.

Election officials in Genessee County, Michigan have acknowledged failures by the county's M-100 model optical-scan system, made by Election Systems and Software, Inc. (ES&S), during its Aug. 7 primary.

According to the county's Supervisor of Elections and Vital Records, Doreen D. Fulcher, the system experienced paper jams that resulted in ballots being fed through the system more than once. Fulcher, who also noted that there were a "number of ballots cast" that "didn't initially match poll book numbers," downplayed the scope of the problem. Flint's MLive, however, reported that the County Board of Canvassers were "still unraveling" the problem ten days after the election.

It is not the first time the M-100, set to be used in 32 different states again this November, has caused headaches for election officials and voters. The systems have a documented record of failing to count the same ballots the same way twice during pre-election testing. Nor is it the only optical-scan system made by ES&S, the largest e-voting vendor in the nation, that has failed time and again during elections.

As The BRAD BLOG previously reported, ballots obtained by the New York Daily News through a public records request revealed that ES&S op-scan systems used in a South Bronx precinct in 2010 failed to count some 70% of the paper ballots correctly in that year's primary election. In November's general election that year, some 54% of the ballots were mistallied at the same precinct.

The South Bronx used the newer ES&S model DS200, which the company confirmed could overheat, causing anywhere from 30% to 70% of the votes scanned by the machines to be erroneously discarded or erroneously counted. Thus, in the case of New York, that meant that tens of thousands of perfectly valid votes went uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid.

The confirmation of the New York failure came almost two years after the election, once the newspaper was finally able to review the paper ballots by hand, under public records laws.

While Genessee County used the earlier ES&S Model M100, as we previously reported, the unreliability of opaque optical-scan computer tallying systems are, by no means, confined to the DS200 or, for that matter, to ES&S systems. Similar systems will once again be used across the entire country this November, to tally the Presidential election and all the races below it...either accurately or not...

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IN TODAY'S RADIO REPORT: Hot town, summer in the city --- and in the country, and in the mountains, and on the farms, and in the desert; GOP goes to bat for Monsanto; FDA bans BPA - sort of; Greenland calves new iceberg; PLUS: Australia's new carbon tax FAILS... to cause economic catastrophe ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): GOP Seeks to Kill Black Lung Reform; Tea Party Blocks Pact to Restore a West Coast River; Appeals Court Upholds EPA Air Quality Rule; White House Weakened EPA Soot Proposal; Geo-Engineering Experiment to Trap Carbon Deep in the Ocean; Climate scientists call for 'serious' Keystone XL review; Oil jumps on Mid-East worries; Climategate investigation closed; Smart meters bad for your health? ... PLUS: “You can’t run your SUV on cute. Let’s Go.” ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Summer of Fire in the US; Summer of Floods in the UK; Fracking FAIL: Gasland's Josh Fox exposes new info on the dangers of natural gas fracking --- again; PLUS: Good news --- and bad news --- on rising sea levels in the US... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): BREAKING: U.S. Appeals Court upholds EPA greenhouse gas emission rules; NREL: US could be 80% renewable by 2050; Midwestern drought intensifies; Louisiana school voucher students taught creationism; Canada: Harper Admin seeks to "authorize" water pollution; SCOTUS: Can EPA regulate mud from logging roads?; Will US join Law of the Sea Treaty? ... PLUS: The Battle Over Climate Science --- death threats, hate mail, nuisance lawsuits, political attacks. How much worse can it get? ... and much, MUCH more! ...

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New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

This is really great. But the subsequent information I've received from the Columbia County, NY commissioners in reply to my query is even better!

For a start, here's the key parts of the story from Debora Gilbert at The Columbia Paper near Albany, New York.

Note, in particular, how both the Republican and Democratic commissioners concur on what should not be a partisan issue. They are doing a great service to their voters. Read the story and then I'll share the even better news with you below that...

I couldn't be more delighted than to read the above. Well, actually, I could be.

From the story, as written, it was unclear whether or not Columbia was hand-counting in a central location, after ballots were moved from the polling place, or whether they were actually hand-counting at each precinct after the close of polls, with all parties, video-cameras and members of the public overseeing the counting and results posted decentrally at the polling place before ballots are moved anywhere.

So I dropped a note to both Commissioners Nastke and Martin to see if they were counting centrally (after ballots had been moved, and thus, questions about the secure chain of custody could arise) and, if so, whether they had any plans to try hand-counting publicly at the polling place in future elections, as per what we consider around here to be "Democracy's Gold Standard".

I received a very speedy --- and quite encouraging --- reply from Virginia Martin. Here it is in full...

[Now UPDATED with audio archives below! Enjoy 'em!]

Mike has the night off! So we're back tonight guest-hosting the nationally-syndicated Mike Malloy Show! And it's primary night in MI and AZ and we'll have not one, but two Presidential candidates as guests tonight!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from 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):

• MI & AZ PRIMARY RESULTS, or what they are reported to be, anyway. Also, just some of the reasons why you should be concerned that those reported results may not be what they are reported to be!
• GOV. BUDDY ROEMER, who is on GOP Presidential ballot both MI & AZ tonight, but who has recently left the party for a Reform Party candidacy and a run for the Americans Elect nomination.
• FRED KARGER, who is on the GOP Presidential ballot in MI and, unlike Roemer, still a member of the party for some reason. He's also the first openly gay Presidential candidate and the guy who alerted the world to Mitt Romney's apparent voter fraud in MA!
• PLUS! Depending on how MI and AZ is looking, some additional, last minute guests; lost op-scan votes in NY; Indiana's GOP Sec. of State getting off scot-free for voter fraud; "Webster's Follies" in Maine; no dead voters in SC; criminal probe closing in on Scott Walker in WI; and more you need to know about! Along with your phone 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 KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Maybe someone had a bit too much caffeine today. Well, in any case, it led to a pretty high energy show! And lots of circus music! You can check it all out now for yourself, sans commercials, in the high-octane archives now posted below. Enjoy!...

Tomorrow (Tuesday), there's yet another "make-or-break" set of Primaries for the GOP establishment's preferred front-runner Mitt Romney in both Arizona and his home-state of Michigan. While pre-election polls suggest Romney's the run-away favorite in AZ, he reportedly has only a marginal lead in MI. Should he lose that state tomorrow, his party, and their nomination process, could well descend into complete chaos (even more so than it already is.)

But here's the good news for Election Integrity fans keeping an eye on the race track for tomorrow's horse race: Both Arizona and Michigan allow all voters to vote on paper ballots at the polling place if they wish. So there's actually something to count that reflects the voters' intent.

The bad news: Rather than count those ballots, the states will run them through oft-failed, easily-manipulated optical-scan computer systems and report whatever it is that the computers announce as "the results."

While many Americans mistakenly place faith in these systems, a report in today's New York Daily News illustrates --- yet again --- how foolhardy that is. And this one is a doozy (yes, yet another one)...

Just breaking from Reuters...

By the way, while I realize that corporations are "people," I wonder how many actual people, after committing massive felonies, are allowed "more than a year" to "negotiate" with law enforcement over whether they will be indicted for those felony crimes or not.

UPDATE: A few more details now from Boston Globe...

And while we're waiting for more info on the above, let's not forget the woman who was arrested by New York City police for daring to close her Citibank account, as seen on video tape. The NYPD is not being sued by the AG (although they should). She did not receive a year to negotiate with the plain-clothed cops who physically picked her up and dragged her back into the Citibank branch just moments after she had the temerity to close her own personal account at the bank. Rather, it's been left to the woman herself to file a lawsuit against the cops and NYC that were both doing the bidding of Citibank on the tax-payers' dime, as Ernest Canning detailed yesterday.

I can't imagine what those Occupy Wall Street folks are calling for. Gosh and golly, just what are their demands?! It's all so confusing.

Guest blogged by Ernest A. Canning

The City of New York and the NYPD are engaging in a deliberate campaign of "mass arrests, illegally arresting protesters, including bank customers, and needlessly detaining them for excessively long periods...in order to facilitate and promote the CITY OF NEW YORK's desired reputation as corporate friendly and pro-bank."

So says a federal complaint filed by a woman and her fiancée who allege that they were inappropriately detained by New York City police last month inside a branch of Citibank in downtown Manhattan. [Video of the extraordinary arrest is posted at the end of this article.]

The civil rights suit, Carpenter vs. City of New York, has been filed in the U.S. District Court for the Southern District of New York by Heather Carpenter, a 23 year old student and direct care counselor for the mentally disabled, and her fiancé, Julio Jimenez-Artunga.

The complaint arises out of an Oct. 15 mass arrest at a Greenwich Village branch of Citibank during which Carpenter closed her account, quietly exited the bank and even offered a receipt to prove she was a customer, only to be physically accosted by the NYPD, dragged back inside the bank, arrested and charged with criminal trespass and resisting arrest. According to the complaint, the DA subsequently has said that the charges would be dismissed for lack of evidence...

Guest editorial by Ernest A. Canning

A post on Tuesday on the hard right Republican website Free Republic suggests that opponents of the Occupy Wall Street movement may well be injecting themselves into the demonstrations' open consensus process in order to confound the objectives of the nascent movement.

"[We n]eed LA Freepers to show up to block this vote by the Occupy LA General Assembly," the poster identifying him/herself only as "joinedafterattack" wrote in apparent hopes of scuttling a discussion that night about a proposal being negotiated with the LA City Council to trade 10,000 square feet of office space and some farmland with demonstrators in exchange for their voluntary exodus from the lawn in front of City Hall.

The call by the rightwingers to take part in a General Assembly meeting at OccupyLA for the specific purpose of blocking a proposal (one that was rejected, in any case, by the majority of demonstrators that night) exposes the vulnerability of Occupy Wall Street's "consensus" decision-making and an internal contradiction between a movement which rails against rule by the 1% even as it permits the one to block the will of the many...

Guest editorial by Ernest A. Canning

The photo at right may well provide a pivotal moment in a new American revolution. It exposes a crack in the façade of the corporate security state that could grow to the point that rule by and for the 1% may some time soon internally collapse.

The real story lies not in the fact that retired Philadelphia Police Captain Ray Lewis was arrested by the NYPD during an Occupy Wall Street confrontation. (Video of arrest posted below). It's the potential that Lewis' recognition of immense betrayal will spread throughout the rank and file of the security apparatus even as the clueless and increasingly desperate power elites seek to effectuate a coordinated crackdown on Occupy Wall Street encampments...

Well this is a fun one...on a day where we could use a momentary breather...

...but on a day when the OWS folks are taking anything but.

Today is the 2 month anniversary of Occupy Wall Street, which has, at this hour, brought tens of thousands of demonstrators to downtown NYC tonight (and many more elsewhere at Occupations around the country.)

You can check out NY Fox5's helicopter video of the crazy huge crowds down in NYC right here.

A number of live video feeds from citizen journalists on the ground follow below, if you'd like to check out some of the live action as it happens in NYC and elsewhere tonight...

As you know, just after midnight on Tuesday, NYC Mayor Michael Bloomberg had to forcibly evict peaceful Occupy Wall Street protesters with NYPD riot police, in order to send them in to the streets in middle of the night, for their "health and safety." As we reported yesterday, one of those cops reportedly threatened a Mother Jones journalist by dragging him behind a truck that was backing up, telling him "you could get hurt."

After the NYPD succeeded in removing the peaceful demonstrators --- or "thugs," as they are often described to propaganda-receptive Fox "News" viewers --- from Zuccotti Park, these are the fine folks (off-duty NYPD officers?) hired by the park's owners, Brookfield Properties, to replace them as it was cleaned...

In very related news...the Occupiers in Washington, D.C., in solidarity with their brethren in New York City, decided to Occupy the headquarters of Brookfield Properties yesterday. Some video of their "People's Mic" session in the lobby follows below...

One of the most remarkable moments we were able to follow, as it occurred, during the events of last night, as NYC Mayor Michael Bloomberg carried out his middle-of-night eviction of Occupy Wall Street demonstrators at Zuccotti Park, happened at about 4am or so Eastern Time.

Despite the (outrageous) ban on media at the park, as hundreds of NYPD cops in riot gear cleared the peaceful demonstrators for "health" reasons --- tossing them out of their tents, onto the streets and into the night --- Mother Jones reporter Josh Harkinson was able to make his way under the barricades and back into the park.

At the time he did so, there were a few dozen protesters left, holding firm around what had been the Kitchen Tent. It seems he may have been the only reporter in the park at that moment. Then, as he described this morning, the cops began "indiscriminately dousing the peaceful protesters with what looked like pepper spray or some sort of gas." He tweeted at the time that "Everyone I witnessed being arrested was resisting peacefully."

But it was his incredible account of what had happened to him after that moment, as told in a series of tweets that he shared after he had made his way back out of the park last night, which was extraordinary. Here is that remarkable set of tweets, in the order he tweeted them...