I was on Thom Hartmann's Big Picture TV show last night to discuss the arrest of the RNC operative in VA last week after he was caught destroying voter registration forms, and revealing that he was working for notorious GOP operative (and paid Romney consultant) Nathan Sproul's Strategic Allied Consulting, which the RNC had claimed to have fired several week ago, after apparently fraudulent forms were turned in by the company in a dozen Florida counties.

The discussion then turned to talk about Chuck Todd of NBC's weekend charge that reporting on concerns about the Romney/Bain folks' recent acquisition of Hart Intercivic, the nation's third largest voting machine company, is "conspiracy" talk along the lines of "Trump birther garbage", and also about Think Progress' still-uncorrected, direct smear of The BRAD BLOG yesterday, inaccurately describing our reporting on the matter as "conspiracy theory"...

As we noted in yesterday's response to Think Progress, which includes our posting of the incredible emails from TP's Senior Editor Judd Legum, I guess we'll now have to count OH's former Democratic Sec. of State Jennifer Brunner as one of those "conspiracy theorists" as well! Last night, she told MSNBC (after my appearance on Hartmann's TV show): "You’d be right to call out Romney and his son for having a financial interest in this company. It doesn’t look good."

I also made a short appearance on brand new "conspiracy theorist" and MSNBC host Ed Schultz' radio show this morning to speak to several concerns about the Romney/Hart Intercivic issue, after he spent much of the show discussing those concerns with Ohio officials and others. Here's that appearance [appx 5 mins]...

This is really rather astonishing.

After having been told by two federal courts --- a U.S. District Court in late August and then a 3-judge panel on the U.S. 6th Circuit Court of Appeals just last week --- that the Ohio GOP's attempt to restrict Early Absentee Voting in the final three days before Election Day, for all but active-duty military voters, is an unconstitutional violation of voting rights, disproportionately effecting low-income and minority voters, the state's Republican Sec. of State Jon Husted is, nonetheless, appealing the rulings yet again.

This time, Husted is skipping an appeal to the full 6th Circuit and going directly to the U.S. Supreme Court.

In a statement issued today, Husted describes last week's ruling at the Appellate Court, upholding the lower court's ruling, as "stunning" and an "unprecedented intrusion by the federal courts into how states run elections." (Perhaps Husted was out of the country for Bush v. Gore in late 2000?)

At the core of Husted's complaint is the fact that, by overturning the GOP's restrictions on Early Voting for all but active-duty military, so that all eligible voters can vote during those days, Ohio's 88 county Boards of Election will once again be able to set their own hours for voting over those days. That, argues Husted (disingenuously, for reasons explained in a moment), will lead to a lack of uniformity across the state.

"This ruling not only doesn’t make legal sense, it doesn’t make practical sense," Husted says in his statement announcing his plan to appeal today. "The court is saying that all voters must be treated the same way under Ohio law, but also grants Ohio’s 88 elections boards the authority to establish 88 different sets of rules. That means that one county may close down voting for the final weekend while a neighboring county may remain open. How any court could consider this a remedy to an equal protection problem is stunning."

While Husted's remarks about the possibility of differing hours for Early Voting in differing Ohio counties, strictly speaking, are correct, they are also purposely misleading and, more to the point, entirely disingenuous...And Husted knows it...

Via Ryan Reilly at TPM:

In short, the attempt by Ohio Republicans to keep Democratic-leaning voters, who turned out in droves to support Obama in 2008 on the final weekend before Election Day from voting, has failed yet again.

A 3-judge panel on the 6th Circuit of Appeals has upheld, as our legal analyst Ernie Canning describes it, "every aspect of" the lower court's ruling in August. The ruling comes as yet another stinging defeat for Ohio Republicans and Sec. of State Jon Husted (R) and their attempt to restrict voting rights in the Buckeye State. The 6th Circuit Court of Appeals ruling is available here [PDF].

This case began as an attempt by the Obama campaign and Democrats to restore voting rights removed by Republicans, for no reason other than to disenfranchise voters. It became widely public, as a blatant lie by the editor of Breitbart.com who lied about Obama attempting to keep military voters from being able to vote. It was then advanced by Fox "News" and even the Romney campaign who repeated the lie, and it all recently culminated in an apology to the court by Ohio's Secretary of State who had attempted to ignore the lower court's ruling which was ultimately upheld today.

Despite all of those embarrassments, and today's latest court victory, there remains a bit of wiggle room for the OH GOP if they still wish to attempt to keep voters --- or, as the Republican Party Chair and Election Board Commissioner of Franklin County (Columbus), OH put it, " the urban --- read African American --- voter-turnout machine" --- from exercising their right to vote during the final three days before the November 6th Presidential Election...

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]...

No, the Obama Campaign is not attempting to keep military voters from voting, no matter how much the Romney Campaign and their surrogates in the media and on Fox "News" are willing to shamelessly lie about it for ugly partisan purposes at the expense of electoral democracy.

The whole story appears to have begun as little more than another hoax by the Andrew Breitbart scam artists and, as always, the mainstream corporate media have fallen for it, as if it's a legitimate story. So here's what's actually going on, since the MSM seems incapable of explaining to you.

Following the disastrous, partisan and arguably criminal oversight of the 2004 Presidential Election in Ohio by then Republican Sec. of State J. Kenneth Blackwell (in any other era in our nation's history, people would have gone to jail for what happened there), when a wildly and purposefully disparate distribution of voting machines led to Election Day voting lines of anywhere from 2 to 12 hours, mostly in Democratic-leaning jurisdictions, reforms were enacted to make it easier for all voters to cast their legal vote in the Buckeye State.

After the 2004 debacle, the law was changed in 2005 to allow for any voter to vote by absentee ballot, without an excuse, including by "early in-person absentee voting" at polling places in the weeks leading up to Election Day. Hundreds of thousands of Ohio voters took advantage of this new opportunity to cast their vote, helping to radically increase turnout, including during Early and Absentee voting in subsequent years:

In the 2008 election, in the three days prior to Election Day, some 93,000 voters in the state took advantage of their ability to cast a vote over the weekend just before the Tuesday election. Many of those voters, according to a University of Akron study of Early Voting in Ohio [PDF], were voters who might have trouble voting on Election Day, because they were working that day, or were elderly and unable to wait in long lines. African American churches encouraged voters to head to the early polls after church on the Sunday before the election, during a so-called "Souls to the Polls" effort.

This, Republicans legislators in Ohio determined, had to be stopped. And so they did. Or tried to, by passing HB 194, shortening the period of early voting for all Buckeye State voters, and adding other restrictions to make it more difficult for legal voters to cast their legal vote and have it counted.

The people of Ohio then rose up against HB 194 by turning in almost 100,000 more signatures than the number required to forestall the implementation of the new voting restrictions and to place the law --- which had passed on party lines by the Republican-controlled legislature before being signed by the state's Republican Governor John Kasich --- onto the November 2012 ballot, where the people could decide whether or not they wanted the new restrictions on voting rights.

But a funny thing happened on the way to that November 2012 Referendum. The state Republicans came up with a bit of a work around, at least for active duty military voters (who, we are told, tend to vote Republican, rather than Democratic). And while the Obama Campaign and fellow Democrats are busy trying to ensure that all voters, not just active duty military voters in Ohio get to enjoy Early Voting in those three days before the Election, the Romney Campaign has continued their extraordinary record of simply lying about everything.

That's not a partisan observation. That's just a fact. And for anyone in the media to suggest otherwise, in regard to this story, amounts to little more than journalistic malpractice at very best, and, more accurately, an insidious act of blatantly cynical partisanship disguised as "journalism" at the expense of the very core of our (small "d") democratic system of governance.

Such insidious acts of blatantly cynical partisanship disguised as "journalism" is, of course, what the folks at the late con-man Andrew Breitbart's website do best...

Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.

Here's Maddow's full report...

Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.

Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:

It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...

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...

Just in tonight as tabulation continues in Ohio's primary election today. Via Josh Sweigart at Middletown Journal:

Long-time readers of The BRAD BLOG will remember that similar "glitches" affected the 2004 Presidential Election in the Buckeye State when the election night reporting website went down late in the evening, was moved to the "back up servers" of a far Rightwing firm in Chattanooga, TN, before coming back up to show that George W. Bush had taken the lead over John Kerry.

That system was created by Mike Connell, the GOP's IT guru who, in 2008, was subpeonaed for a deposition in a long-standing 2004 election fraud suit, only to die in a mysterious plane crane just weeks after the election, before he could testify in open court. Computer security experts have long charged that the results of Ohio's '04 Presidential election may have been compromised by a so-called "man in the middle" computer attack as the servers changed locations that night.

Similarly, in the hotly contested 2005 Special Election contest between Jean Schmidt (R) and Paul Hackett (D) for Ohio's 2nd Congressional District seat, central tabulator computers went down during late-night counting in Clermont County, only to come back up showing Schmidt with the lead over Hackett.

Whether something similar could be going on tonight in Butler County remains to be seen, but the attacks on the servers certainly seem worth noting here should further information become available over the next few hours, days, or weeks.

[See end of article for an UPDATE on the above story.]

In another part of Ohio, Cuyahoga County (Cleveland) experienced its own predictable failures with its ES&S precinct-based optical-scan vote tabulators during pre-election testing over the weekend. 89 of the county's 1,200 machines (6%) froze up entirely during those tests...

I'm certain that John would have been simply flabbergasted at the outpouring of emotional response and moving tributes upon his passing --- in particular from various public officials, many of whom he'd been at odds with at various times over the years.

The latest comes this morning in the form of condolences, and a very moving statement on his loss, from OH Secretary of State Jennifer Brunner via her Director of Communications, Patrick Gallaway...

The website of the Ohio Secretary of State is being set to "static mode" following a recent series of "security breach" attempts, as well as suspicious packages and a number of death threats sent to the office, according to a press release issued late this afternoon. (Posted in full at end of this article.)

The threats against Secretary of State Jennifer Brunner's office come in the wake of a rash of recent burglaries and vandalism at ACORN offices in Massachusetts and Seattle, as well as death threats delivered to a number of their workers following much-hyped media reports of "voter fraud" by the community organization. The attacks against the group escalated following the Republican Presidential nominee John McCain's comments about ACORN "voter fraud" at a recent rally, and his extraordinary allegation that ACORN was "on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy" at last week's Presidential debate.

Notably, there has been no actual evidence of any such "voter fraud" by ACORN, simply allegations by many on the right.

The recent threats against Brunner and her office follow on criticism from state Republicans, who have launched a number of legal suits against her during the final weeks leading up to this November's election...

Still running from one thing to another today, so only the briefest coverage here for now, on two very important points (and even victories!) today...

A week or two ago, AlterNet ran my recent detailed Q&A with Ohio Sec. of State Jennifer Brunner, on a wide variety of issues related to the upcoming election.

There were a few more technical/geek-ish items that I didn't include in the version that ran over there, thinking they were more appropriate for the real tech and election integrity geeks (like me) out there. Those issues are now published in a much shorter Q&A running today at ComputerWorld.

In these previously unpublished exchanges, posted to CW this morning, Brunner offers some insider detail about her recent lawsuit against Diebold/Premier, concerning the revelation that their tabulators simply drop thousands of votes without notice; the depth of her surprise at the results of her landmark "EVEREST" security tests of Ohio's e-voting machines; and what may lie beyond e-voting, such as the possibility of hand-counting in Ohio.

Please read the new interview at ComputerWorld (and don't forget to check out some of the interesting comments that have been posted to it already today.)