Secretary of State Jon Husted (R) has apologized to a U.S. District Court judge who ruled against him last week, after the Secretary appeared to have tried to undermine the court's ruling, pending an appeal by the U.S. Sixth Circuit Court of Appeals. The apology came in a motion today, after Husted was ordered by the judge to personally appear for a hearing next week.

As we reported last Friday, U.S. District Judge Peter Economus ruled in favor of a lawsuit filed by the Obama campaign and the Democratic Party, finding that Ohio's restriction on Early Voting in the final three days before the election --- for all but active-duty military --- was a violation of the U.S. Constitution's Equal Protection Clause.

In his ruling [PDF], Economus ordered the Secretary of State to restore Early Voting "on the three days immediately preceding Election Day for all eligible voters," just as it had been successfully implemented during the 2008 election, as the previous Sec. of State Jennifer Brunner, a Democrat, described to us during a recent interview. At the same time, the judge had also instructed the Buckeye State's current Secretary to "direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with [Husted's] earlier directive that only by doing so can he ensure that Ohio's election process is 'uniform, accessible for all, fair, and secure.'"

In response, rather than issuing a directive with uniform hours for voting in those three days before the November Presidential election, Husted issued a Directive on Tuesday notifying the state's 88 county Boards of Election that they should not establish hours for voting in those days, as the state was filing an appeal in the case.

"Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity," Husted wrote in the Directive, adding, "I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state."

This afternoon, after being summoned to court in response to that Directive, Husted rescinded it and the state filed a motion [PDF] apologizing for what was interpreted as him having attempted to place his own personal stay on Economus' order. "The Secretary apologizes to the federal district court for creating that misimpression and has rescinded [the] Directive," the state writes in the motion, which seeks an official stay on the ruling, pending the Sixth Circuit's expedited appeal...

The recent spate of federal court victories in favor of voting rights across the nation continued today, as a U.S. District Court judge in Ohio sided with Democrats and the Obama campaign, finding that the removal of in-person Early Voting for all voters on the final three days before Election Day in the Buckeye State was an "arbitrary" decision made by the state's Republican lawmakers and Secretary of State.

The removal of in-person Early Voting in those last three days before the election --- when some 100,000 voters had cast their votes in the state during the 2008 Presidential Election --- for all but active-duty military voters, is likely to "irreparably harm" the voting rights of "low-income and minority voters [who] are disproportionately affected by the elimination of those voting days," according to the ruling by U.S. District Judge Peter Economus [PDF].

The ruling is another major win for Ohio voters, as the judge ruled in favor of the Democratic complaint seeking a temporary injunction on the state's new voting restrictions.

Through a convoluted series of legislative actions by Republican state lawmakers and rulings by Sec. of State John Husted, which we detailed earlier this month, Ohio had restricted Early Voting on the final weekend before the Tuesday election to all but active duty military voters. We also explained in that same article how the Romney campaign --- based on a false assertion initially posited by the Republican propaganda website Breitbart.com and subsequently forwarded loudly by Fox "News" --- argued dishonestly that the Obama campaign was attempting to "undermine" and restrict voting rights of the military, which the GOP nominee described on his Facebook page as an "outrage".

In fact, as the very first paragraph of the Obama complaint [PDF] made quite clear, the Democrats were not attempting to restrict the rights of military voters, but, in reality, suing to "restore in-person early voting for all Ohioans during the three days prior to Election Day," including for some 900,000 veterans in the state whose rights had similarly been removed by the Ohio Republicans.

Today, the Democrats' argument prevailed in federal court, as Economus found that "Plaintiffs have a constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis with all Ohio voters, including [active duty military] voters"...

Otherwise valid provisional ballots cast at the wrong precincts in Ohio, through no fault of the voters, must be counted, according to a ruling issued by a federal judge on Monday.

The decision, which otherwise seems like common sense, comes in the wake of tens of thousands of provisional ballots going uncounted after the 2008 Presidential election thanks to a provision in Ohio law which discards such ballots, even in the case where a poll worker has improperly instructed a voter to cast his or her ballot in the wrong place.

The ruling is a defeat for Ohio's Republican Sec. of State who, after working towards inclusiveness and voting rights earlier in his tenure, seems to have taken a hard right turn in many of his decisions of late, as the Presidential Election nears.

As we noted last month, an investigative report by the Cincinnati Enquirer's Barry M. Horstman found that some 40,000 provisional ballots cast in the 2008 general election were never tallied, even though many of them were cast in the right polling place, but at the wrong "precinct" table, as precincts have been combined into the same building over the years in the Buckeye State.

A voter might line up to vote at the wrong table/precinct, for example, only to be told they weren't found on that precinct's voter rolls and, rather than be directed by the poll worker to the correct "precinct", instructed to cast a provisional ballot at that table instead. That vote, before Monday's ruling, under existing Ohio law, would go uncounted. Many of those provisional ballots were cast in predominantly Democratic-leaning counties.

The Enquirer warned in their report last month that "tens of thousands of ballots are likely to be disqualified" once again in the key swing-state, during the 2012 Presidential election unless the provision was changed, as recommended by state election officials after the 2008 election.

On Monday, U.S. District Judge Algenon L. Marbley, citing Bush v. Gore of all things, ruled against Ohio Sec. of State Jon Husted (R), whose spokesman responded: "We respectfully disagree with the judge's ruling and will likely appeal."

Marbley found that Husted's belief that such ballots should not be counted "belies a fundamentally misguided view that the state need not protect the right to vote of individuals who, for any number of reasons, are required to cast a provisional ballot"...

With the partisanship heating up in the battle for voting rights in Ohio again this year --- as Republican Sec. of State John Husted actually threatens to fire two Democratic Board of Election officials in Montgomery County for daring to vote in favor of expanded Early Voting hours --- it seemed a good time to check in with the former Sec. of State Jennifer Brunner (D).

All of this comes on the heels of the Obama Administration suing to restore Early Voting for all on the last three days before the election, which Republicans are now allowing only active duty military members in Ohio to do, and after previous rulings by Husted resulted in expanded Early Voting hours in Republican-leaning counties, and no expanded Early Voting hours in the largest Democratic-leaning counties.

Brunner (author of the forthcoming Cupcakes & Courage) joined me on today's BradCast on KPFK/Pacifica Radio here in Los Angeles and offered some inside skinny on what she did in 2008 to help correct the 2004 disasters that plagued the state during that year's Presidential election debacle under her horrible predecessor, J. Kenneth Blackwell (R) --- who also served as co-chair for the Bush/Cheney re-election campaign while serving as the state's chief election official --- and what now seems to be going on under her successor Husted, as he limits Early Voting hours across the entire state, despite the great success it has been up until now for voters there.

She explained the constitutional powers of the Ohio Sec. of State and told me she believes the attempt by Republicans to shorten weekend Early Voting hours --- which were allowed as recently as this year's primary elections in Ohio --- was "clearly aimed at 'Souls to the Polls'," the effort by African-American churches to encourage their congregations to get out and vote on the Sunday before the election.

The result of all of this right now, as the former Secretary of State understated it during our conversation: "A bit of a donnybrook in Ohio."

I asked for her response to the remark by Doug Preisse, Chair of the Franklin County Republican Party and a member of the county's Board of Elections when he said he felt "we shouldn't contort the voting process to accommodate the urban --- read African-American --- voter-turnout machine." She said she felt that that --- and his response to Democrats' charge that Republicans are trying to suppress the vote is "bullshit, quote me" --- was all "very unfortunate."

"We're already in a rancorous climate, starting from Congress and the Presidential election on down," she said. "Why stir up the pot and pit voters against each other? Enough of that was done in 2008. There was so much political capital spent in 2008 on whipping up these fake allegations of voter fraud and now four years later, people realize --- what were there, ten cases around the country since 2000? --- this is so unnecessary."

"The bottom line is," she continued, "voting is not a partisan issue. It should never be a partisan issue. Having control of the rules is not political booty. It really should be a place where everyone walks into that room, they drop their partisan cloak, they stand up, they act like grown-ups, and they say 'Let's do what's fair, because our future depends on it.'"

All of that, and more, follows in today's BradCast...

Download MP3 or listen online below [appx 58 mins]...

The great John Fugelsang (one of Twitter's best follows!) joined me in studio today on KPFK/Pacifica Radio's The BradCast.

We discussed any number of things political --- from his smash hit Sexy Liberal Comedy tour and album with progressive radio & Current TV's Stephanie Miller and Hal Sparks; to his "minor historical footnote in a very ugly, sad Presidential campaign" after asking the question of Mitt Romney's campaign director on CNN which elicited the infamous "Etch-a-Sketch" answer; to his big announcement this morning that he'll be launching his own nightly primetime show on Current TV beginning this fall; and much more to boot.

John's a pal, and one of the smartest guys in media. Period. Good hire, Al Gore! He was kind enough to stick around with us for the hour, as we were joined by Mark McCaffrey of the National Center for Science Education to discuss this week's bombshell: The Koch Brothers-funded(!) scientist and former climate change skeptic, Professor Richard Muller, coming out to confirm his recent findings that global warming is, in fact, "real" and that "humans are almost entirely the cause."

Plus, I enjoyed a bit of a rant on the newest news from the PA GOP's crumbling polling place Photo ID restriction scam, a visit from Green News Report's Desi Doyen, and an "apology" to the National Rifle Association after having called them the "terrorist-enabling NRA" during last week's BradCast...

Download MP3 or listen online below [appx 58 mins]...

Setting aside for a moment whether or not the ballots of Ohio voters were and are counted accurately, a new investigative report by the Cincinnati Enquirer's Barry M. Horstman finds that some 40,000 provisional ballots cast during the Buckeye State's 2008 Presidential election were never even counted at all.

Worse, thousands of them, as the paper details, were disqualified due to no fault of voters...

The report goes on to warn that, unless there are changes made to the state's election laws and procedures --- including the implementation of changes recommended by state election officials after the 2008 contest --- "tens of thousands of ballots are likely to be disqualified" in the key swing-state, once again, during the 2012 Presidential election...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

Guest blogged by Ernest A. Canning

The Association of Community Organizations for Reform Now (ACORN) has won a substantive victory on behalf of the voters of Ohio --- perhaps hundreds of thousands of them --- via a court case filed in 2006, challenging a number of voter suppression tactics employed by the state's then Sec. of State, J. Kenneth Blackwell (R).

The victory may lead to the enfranchisement of "hundreds of thousands of voting-eligible low-income Ohioans" according to one of the attorneys involved in the case, yet it looks like Fox "News", Matt Drudge, and all of the other Rightwingers may have forgotten to post a thank you note to ACORN this week for their successful battle to strengthen the growth of democracy in the U.S....

Guest Blogged by Rebecca M. Abrahams

On December 18, 2008, Bush IT expert Mike Connell, a highly skilled pilot, was killed in a sudden crash while flying his small aircraft from Washington DC to his Akron/Canton home airport. The cause of the crash is still unknown and under investigation by the National Transportation Safety Board.

For more than ten months, Connell's family has been coping with feelings of disbelief, anger and confusion and has many unanswered questions about the man they knew and loved.

For Connell's widow Heather, holding her husband's New Media consulting firm together is a daily struggle.

"The more I learn about the crash the more sick it makes me - the destruction of the plane. I found a pack of the I-pod ear buds in a tree. I'm obsessed with the Blackberry. I don't have the Blackberry. I have his backpack. I have his paperwork, his schedule. None of his paperwork is burned up. One of his prayer books burned on the outside. I think there was a lot thrown from the plane."

Although mainly un-reported, there's a great deal of controversy surrounding Connell's death - largely in part because he was the architect of many Republican websites including GeorgeWBush.com and GWB43.com, the site Karl Rove used for 95% of his email correspondence. Connell was also considered a key witness in the election fraud lawsuit King Lincoln Bronzeville Neighborhood Association v. Blackwell. The suit implicates Former Ohio Secretary of State Kenneth J. Blackwell, Karl Rove and others of 2004 election night vote rigging.

Attorneys in the case believe that Connell, who had not been accused of any wrongdoing, had firsthand knowledge about the missing White House emails and Rove's alleged wrongdoing with respect to the 2004 Presidential election.

His wife, and those attorneys, are not the only ones still focused on questions about what actually happened to Mike Connell nearly one year ago, and in the years prior...

For various reasons, now seems a good moment to mention that The BRAD BLOG was honored this year with a prestigious Project Censored 2010 award for our coverage of the mysterious death of the GOP's IT guru Mike Connell. Connell, for those unfamiliar with the story (see background links at bottom of this article) was in the process of testifying about his rumored role in helping the GOP carry out fraud in Ohio's '04 Presidential Election when he was then reportedly threatened by Karl Rove. Weeks later he suddenly plunged to his death in a single-engine plane crash just before Christmas last year as he was preparing to land near Akron, on his way home from one of his frequent trips to D.C..

My colleagues Mark Crispin Miller and Larisa Alexandrovna and Muriel Kane were also honored by PC for their own coverage of the story.

Project Censored, based out of Sonoma State University, has been highlighting overlooked stories each year since 1976, and was recognized by Walter Cronkite as "one of the organizations that we should listen to, to be assured our newspaper and our broadcasting outlets are practicing thorough and ethical journalism."

In addition to our "Excellence in Investigative Journalism" award from PC this year, as highlighted in their annual "Top 25 Censored Stories for 2010," I was also asked to write a chapter on problems faced by voters in Election 2008 for this year's book, Censored 2010: The Top 25 Censored Stories of 2008-09.

Co-Editors Peter Phillips and Mickey Huff have been kind enough to offer us a number of signed copies at a reduced rate so that we can offer them as premiums to readers of The BRAD BLOG to help continue our work here.

The 9,000 word chapter I wrote for the book is titled "Election 2008: Vanishing Votes, Disappearing Democracy and Media Misdirection" and includes sections named "And You Lose Your Vote! And You Lose Your Vote! And You Lose Your Vote!..."; "First Worst in the Nation"; "America Flips Out, Media Barely Notices, Parties Barely Care"; "Democrats Nowhere to be Found"; and "Pay No Attention to the Man Behind the Curtain."

If you'd like a copy of this great book (Makes a great holiday gift! I'll sign it as well, if you wish!), chocked full of important, overlooked stories from the last year or so, along with follow-ups to them --- and a lot of real information on the story of Election 2008 seen here for the first time in print --- please do one of the following:

• Donate $50 or more to The BRAD BLOG
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Your support is greatly appreciated, and tremendously needed, as we receive no foundational or corporate support for our work here! Your contributions are largely the only thing that keep us going! So thank you in advance for any help here!

Links to The BRAD BLOG's most recent coverage of the Mike Connell story follows below...

A few developments this week in the case of Mike Connell, the GOP IT guru who died in a single-engine plane craft last December, just after being forced to testify in a long-standing OH 2004 voting rights case, but before the case could come to trial. As The BRAD BLOG has long covered both the lawsuit, and Connell's central role, I wanted to make sure the new developments were noted here. Forgive my quick copy and paste, necessarily, given the circumstances of the week which still have me otherwise distracted in many ways. Background links on the entire Connell story are included at the end of this item...

First via RAW:

There were a few other notable tidbits from Bill Lueders' original report in Wisconsin's The Daily Page...

- Brad Friedman, The BRAD BLOG

"I follow the vote. And wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to...make bad things happen," CIA cybersecurity expert Steven Stigall explained, in a stunning presentation to a U.S. Election Assistance Commission (EAC) field hearing held one month ago in Orlando.

As initially reported earlier this week by Greg Gordon at McClatchy, "Stigall said that voting equipment connected to the Internet could be hacked, and machines that weren't connected could be compromised wirelessly. Eleven U.S. states have banned or limited wireless capability in voting equipment, but Stigall said that election officials didn't always know it when wireless cards were embedded in their machines."

"The CIA got interested in electronic systems a few years ago," Gordon reports Stigall as explaining at the EAC hearing, "after concluding that foreigners might try to hack U.S. election systems."

But as disturbing as Stigall's presentation was, what's almost as disturbing is that it took more than 11 days, McClatchy's coverage, a number of FOIA requests from VotersUnite's John Gideon (a frequent guest blogger here), and a couple of articles from BRAD BLOG alum, Michael Richardson of the Examiner (his coverage is here and here), before the EAC finally released the complete transcript of the meeting [WORD], including Stigall's remarks.

"The presenter did not provide the presentation, 'Computers and Elections: The Growing Potential for Cyber Vote Fraud', to the EAC, so we have no materials responsive to your request," Gideon was told in response to his Freedom of Information Act (FOIA) request to the EAC, as reported by Richardson. "We received the transcript on March 16, 2009, and it will be publicly available in the next few days."

As of last night, 10 days since the EAC admits they received the transcript of their own event which had taken place 20 days earlier, they had neither sent it to Gideon in response to his request, nor posted it on their website. As of this morning, a month since the hearing, it's finally up on their website, thanks in part, no doubt, to the pressure brought on the EAC by the public to do so. Even then, Stigall's remarks are not posted separately, as other presentations are, but rather, one has to go looking for the full transcript of the actual event to find it. So why both the delay and obfuscation from the famously dysfunctional (a nice way to put it) federal agency? Make your own best guesses, since there is no official explanation for the moment.

Happily, there were others at the meeting who had transcribed the CIA cybersecurity expert's startling remarks --- decimating the idea of supposedly "secure" e-voting --- independently, who then helped to bring it to the public's attention. Clearly, the strongly pro-e-voting EAC had/has little intention of doing so themselves.

Stigall's presentation, and we've got much more of it excerpted below, include a passel of disturbing thoughts. Many of them we've tried to impart on these pages for years, including comments which point up the dangers we've tried to warn about concerning pre-election voting machine "sleepovers" at the houses of pollworkers, and more indications of the dangers of Sequoia Voting Systems clandestine, on-going relationship with the Hugo Chavez-tied Venezuelan e-voting firm Smartmatic, as we reported exclusively here one year ago --- to little interest from the corporate media, despite Sequoia's claims to federal investigators that they had severed all ties with the firm...

-- Brad Friedman, The BRAD BLOG

The lead attorney in the widening 2004 federal election fraud conspiracy case which began in Ohio --- but is rapidly growing to other states and other elections --- says that the stunning death of a key witness last Friday is a blow to the case, but not the end of it by a long shot.

"Michael Connell was a critically important witness. His loss hurts our case," Cliff Arnebeck, the lead attorney for the plaintiffs in the King-Lincoln Bronzeville v. OH Sec. of State lawsuit, told The BRAD BLOG in an email responding to questions about Connell's death. The Republican 'IT guru,' a top IT consultant to Karl Rove, George W. Bush, John McCain, and a bevy of congressional Republicans, had been in the nation's capital on still-unknown business before his single engine plane crashed Friday night on the way home, just three miles short of the runway in Akron, Ohio. The cause of the crash remains similarly unknown as of today.

"We will have to adjust," Arnebeck told us in response to queries about where the case may necessarily need to go from here. "The kind of organized criminal enterprise we are addressing requires the resources of the very best that the investigative press corps and law enforcement, at all levels, can muster."

As posted on the New York Times website in full on Saturday, the last line of a press release from VelvetRevolution.us, who has retained Arnebeck as counsel in the case, reads "Our prior request to have Mr. Connell protected went unheeded and now he is dead." [DISCLOSURE: The BRAD BLOG is a co-founder of VR.]

However, despite Connell's elite status as a top-rung Republican consultant for years --- he reportedly received some $800,000 from the Bush/Cheney campaign in 2004 alone --- the NYTimes, the nation's paper of record, has yet to run anything else on the death of the man who, Arnebeck notes, he had intended to both further depose, as well as call to testify as a key trial witness in the federal conspiracy case. Coverage from the UK's Telegraph, however, is published here.

Connell had been compelled by the federal district judge in the case, on the Friday prior to last month's Presidential Election, to give a deposition to plaintiff attorneys on the Monday before the general election. The order for that deposition came after the OH attorneys had sent a letter to U.S. Attorney General Michael Mukasey, seeking protection for Connell and his wife. While Connell had expressed a willingness to testify about what he knew concerning the '04 election, and the election website network he had created for Ohio's then-Sec. of State J. Kenneth Blackwell, he had become reticent after Rove had sent threats to Connell and his wife, according to tipsters...

Guest blogged by Emily Levy of Velvet Revolution
[Additional material added on 12/20/08 by Brad Friedman]

The Akron Beacon Journal is reporting that the private plane of the GOP's highly-placed "IT guru" Mike Connell's went down in Lake Township, Ohio on Friday evening. Connell was killed in the crash and is reported to have been the only person on board. There are no reports of anyone on the ground being hurt, though his plane crashed in a residential neighborhood.

Connell is a familiar name to readers of The BRAD BLOG as a key witness in the King-Lincoln v. Blackwell lawsuit regarding fraud in the 2004 Presidential Election in Ohio. That recently revived, long-standing lawsuit led to Connell's recent deposition on November 3, 2008, the day before this year's general election. According to plaintiff's lead attorney Cliff Arnebeck in July, a tipster had warned that Connell had been threatened by Karl Rove, as The BRAD BLOG reported at the time, in an attempt to intimidate him into "taking the fall" for Ohio election fraud not long after a motion was filed to lift the stay in that case.

Connell had been memorably described as a "high IQ Forrest Gump", by the attorneys for the plaintiffs in the Ohio fraud case, for his apparent penchant at the scene of "every single crime" from Florida 2000 to Ohio 2004 to the network firewall on a number of key Congressional committees to the case of the missing White House emails. (Video and text transcript of the interview with the attorneys here.)

In late September, the federal judge in the Ohio case agreed to lift the stay, and in late October he compelled Connell to give a deposition to plaintiff attorneys on the Monday before the Tuesday general election.

Connell had been served with a subpoena to appear in the federal courtroom in Ohio at the same College Park, MD airport where his single engine plane reportedly took off from last night, on his final solo flight...

Guest Blogged by John Gideon of VotersUnite.org

Disgraced former Ohio Secretary of State, J. Kenneth Blackwell believes he's qualified to be the next Chairman of the RNC and is in the process of pitching himself to that end.

Among the qualifications offered by Blackwell --- who may someday find himself facing conspiracy charges for his part in overseeing the criminally mis-administered 2004 Presidential Election in the Buckeye State --- is the rather imaginative claim that he "prevented voter fraud from overturning the results of a U.S. presidential election and fought the left in federal court more times than you can imagine."

In terms of future plans for the RNC, the one-time-Democrat-turned-unapologetically-far-rightwinger says: "Voter registration must be a major emphasis for the Republican Party. Of course, we start at a competitive disadvantage with the Democrats and ACORN since we are strictly limited to registering people who actually exist."

This has got to be a joke. I'm afraid, however, that it isn't.

For much more on the GOP's ACORN 'voter fraud' hoax, see this BRAD BLOG Special Coverage page.