Election
Integrity

Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count by Steven F. Freeman & Joel Bleifuss / Foreword by U.S. Representative John Conyers, Jr.

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Nate Silver: Fool or Knave?

by Steven Freeman 4/8/2011 6:52:00 PM

The New York Times | U.S. | April 08, 2011 
FiveThirtyEight: Vote-Counting Error In Wisconsin Points to Incompetence, Not Conspiracy 
By NATE SILVER 
Statistical analysis of turnout trends suggests that the revised vote totals for a hotly contested judicial election are more likely to be correct than the originals. [for those unwilling to pay for "the world's best journalism" I've reprinted the complete article below]

 

Nate Silver of FiveThirtyEight and the New York Times has been the liberal election media darling since 2008. I never liked him because he never acknowledged the possibility that the numbers were anything but what they appeared to be, and more generally, seemed a political naïf.

But this “analysis” reeks of the same kind of complicity we’ve seen repeatedly from the Times, Washington Post, et al. in recent elections.  Silver may be a naïf, but to overlook Ms. Nickolaus’ implausible explanation, past record of deceit, complicity in a 2002 scandal, that she worked for Prosser, that her correction pushes the margin just barely above the auto-recount, consistently partisan action, etc…, etc… and to reach the conclusion that "her mistake was probably an honest one" just because the revised total county vote count is plausible…. Well, that is not the work of a total naïf; Silver seems to be doing his job, just as Nikolaus has been doing hers.

By the way, that conclusion “If this was a conspiracy, it was one executed with an extraordinarily high degree of cunning and competence” really smacks of Mark Lindeman, John Fund and all the other cretins of election confusion. This was not cunning and competence; it’s a pure power play, one in which the New York Times and Nate Silver no doubt understand who has the power.

 
Vote-Counting Error In Wisconsin Points to Incompetence, Not Conspiracy
By NATE SILVER

When Kathy Nickolaus, the county clerk in Waukesha County, Wisconsin, spoke to the press on Thursday after revealing that she had failed to count more than 14,000 ballots in the hotly contested state supreme court election, one might have expected her to offer her resignation.

Instead, Ms. Nickolaus blamed “human error” for the problem, which resulted in the failure to tally any votes from the city of Brookfield, which accounts for about 11 percent of her county’s voters. Most of the 14,315 uncounted votes were cast for the more conservative candidate, David Prosser.

As a result, Mr. Prosser — who had been about 200 ballots behind JoAnne Kloppenburg in a contest that seemed bound for a recount — had a net gain of more than 7,500 votes, and now has an overall lead of about that size. Although the election may still go to a recount, it is now highly unlikely that the outcome will change, unless another county discovers a discrepancy of the same magnitude, but in Ms. Kloppenburg’s favor.

The human who made the error was none other than Ms. Nickolaus, who said she had failed to save a computer file after entering Brookfield’s results. It is hard to excuse the mistake, which was of a considerably larger magnitude than anything that happened in an individual county during the controversial recounts in Florida or Minnesota.

There are, of course, suggestions in some liberal-leaning blogs that Ms. Nickolaus (who has worked for Republicans in the past) is attempting to steal the election. But a look at the turnout estimates in Waukesha County, before and after the problem was corrected, suggest that her mistake was probably an honest one. The original turnout figure was somewhat lower than what might have been expected statistically, and the revised one is more in line with reasonable expectations.

In the gubernatorial election in 2010, Waukesha County, a Republican stronghold, had the highest turnout among the 72 counties in Wisconsin. Of its 261,405 registered voters, 188,278, or 72 percent, cast a legal ballot in that race, well above Wisconsin’s statewide turnout of 62 percent.

The county also had above-average turnout in the primary in February, in which Mr. Prosser, the incumbent, and Ms. Kloppenburg won the two spots on the general-election ballot in a four-candidate contest: the county’s turnout in the primary was 14 percent, compared with the state average of 12 percent. The same holds true for the presidential race of 2008, when 89 percent of the county’s registered voters cast ballots, compared with 86 percent for Wisconsin as a whole.

By contrast, when Waukesha County’s results in the judicial election were first announced results on Tuesday night, the turnout appeared to have been 42.3 percent, slightly below the statewide average of 42.7 percent. Now, with the Brookfield ballots included, the county’s total is now 47.8 percent, more consistent with its past pattern of slightly exceeding the statewide figure.

Each election is different, of course. The fact that Waukeshans voted at higher-than-average rates in the past wouldn’t guarantee anything this time around. And this election was unusual — a contest for a pivotal court seat, but also something of a confidence vote on Gov. Scott Walker, who has been engaged in a fierce battle with unions and their supporters and has seen his popularity wane in public opinion polls.

So it might be useful to look at turnout figures from other counties in Wisconsin, whose figures (as far as we know) are reasonably sound. Here is a graphic, for instance, comparing turnout rates in last year’s gubernatorial election with the judicial election on Tuesday. The red circle represents the originally reported figure for Waukesha County, and the green circle its vote after the recanvassing. The blue circles represent the other 71 counties in Wisconsin.

 As you can see, turnout in 2010 was a reasonably good predictor of the turnout this week. Based on 2010, Waukesha County’s turnout “should” have been about 51.5 percent, plus or minus some margin of error. Its revised figure of 47.8 percent is closer to that expectation than the 42.3 percent figure originally reported.

We can also look at how turnout in the presidential election of 2008 compared with this week’s election:

This model predicts that Waukesha County’s turnout ought to be about 44.6 percent, which is in between the original and revised figures. Note, however, that the data does not fit quite as well: the results from the other counties are more spread out along the regression line. What that means is that 2008 turnout did not predict this year’s voting as well as 2010 turnout did. Though this evidence is more equivocal as to which turnout figure is the right one, it’s also less salient to the question.

The same holds true for the February supreme court election:

Here again, Waukesha County’s expected turnout falls between its original and revised figures. But again the fit is not terribly strong, so this represents a rougher guess than we get from using the 2010 data.

A better way to think about this is in terms of a 95 percent confidence interval, or margin of error. For instance, based on the 2010 data, we’d estimate that Waukesha County’s turnout should have been 51.5 percent, plus or minus 7.8 percent, meaning that there was a 95 percent chance that the true figure was in the range of 43.7 percent to 59.3 percent. The original turnout estimate, 42.3 percent, falls outside this range, meaning that we can be fairly confident that something unusual (like failing to count an entire city’s ballots) had occurred.

True, if we attempt to forecast Waukesha County’s turnout based on the 2008 or February 2011 data instead, the original turnout figure falls well within the margin of error — but so does the revised one, so this doesn’t tell us anything especially interesting.

If one wanted to argue that Waukesha County’s turnout ought to have been moderate or low — despite its having been above-average in the past — a reasonable justification might be that the county doesn’t have very many unionized workers, and is dominated by white-collar private businesses like General Electric, which has a large complex there. Union workers, especially in the public sector, probably had the most at stake in the judicial election, since the winner is likely to be called on to rule on the controversial legislation that state Republicans passed to roll back collective bargaining rights.

No data is available on unionization rates at the county level in Wisconsin. What we can look at, however, is the percentage of workers in each county who work in state or local government, about half of whom are unionized statewide. This data is available in the Census Bureau’s American Community Survey. It turns out that about 7.5 percent of the employed population in Waukesha County works for state or local government, as compared with 11 percent for Wisconsin as a whole.

So far, the best predictor we’ve found of turnout in this week’s election is turnout in 2010. If we run a regression analysis and also include the share of state and local government employees as an explanatory variable, it does have a statistically significant effect (provided that we weight the regression by the number of registered voters in each county). However, this reduces the turnout prediction for Waukesha only slightly, and the figure that was originally reported still falls outside the 95-percent confidence interval.

The same holds true if we run a “kitchen sink” regression analysis that includes a couple of other variables that appear to have some predictive power, like the percentage of people who voted for Governor Walker in November and the percentage of voters who are white.

I’m deliberately not going into very much detail on this analysis because it basically tells us the same story that the simpler approaches did: There is no evidence that Waukesha County’s revised vote count is unusually high, whereas there is some evidence that its original vote count was unusually low.

This evidence is reasonably (though not overwhelmingly) convincing: Waukesha County’s turnout rate was too low according to some versions of the model, but it was a modest outlier rather than an extraordinary one. Put differently, if there hadn’t been some concrete reason to suspect that the original figure was off, I don’t know that it would have raised any red flags from a statistical perspective.

Nevertheless, if you want to allege that there’s a conspiracy afoot, the statistical evidence tends to work against you. Waukesha County’s revised turnout figures are pretty normal for Waukesha County, a wealthy, white suburban county that usually votes at high rates, whereas its original figures were at the low end of reasonable expectations, given the way the rest of the state voted.

Also of note is that the number of votes that Ms. Nickolaus says she failed to count in Brookfield, amounting to 11 percent of the county total, is in line with the proportion Brookfield normally represents: the city supplied 11 percent of Waukesha County’s total vote in both the 2008 and 2010 general elections.

If this was a conspiracy, it was one executed with an extraordinarily high degree of cunning and competence. I’m more inclined to think that Ms. Nickolaus, who has drawn complaints for her sloppy management practices in the past, is no savvier than she seems.

If you’re still not persuaded, you’re welcome to play around with the data yourself, which you can download as an MS-Excel file here.

-- end --

 

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Waukesha, Wisconsin election "snafu"

by Steven Freeman 4/8/2011 9:36:00 AM
Diana's right that the Waukesha, Wisconsin election "snafu" is important and potentially illuminating. Bradblog seems to be the place to follow it best. Mark Crispin Miller has also been steadily updating his site . As Jon Simon put it, "The unfolding saga -- a miracle 7583 votes magically found for the Republican candidate (found by a former employee of that candidate) in another "proxy" election with seismic implications. Just exactly enough votes to dodge the mandatory recount that would have revealed . . . who knows?" [1] It's a sorry spectacle that would be seem incredible based on everything taught in school and reported or opined on mainstream media (and even the establishment-left like The Nation) about democracy. But in my experience it's virtually emblematic of the way the system works: 1. The media tries to whip up excitement in a horse-race of an election. Occasionally activists, and even voters, get interested - or even involved. 2. The results come in; the winners are declared and the pundits explain what it meant. Everyone goes home. Except that it's all a sham, as exposed by the occasional election that must be stolen more openly, when we see the hollow shell of "democratic" processes. Media (except, again, for the lunatics) ignore or accept whatever sorry lame story comes forth; Democratic party provides mainstream cover; Candidate bails (we'll see what happens here) This case, however, would seem almost a best case scenario for election integrity to prevail: 1. The candidate, Kloppenburg, actually declared victory. She seems unlikely to roll over. 2. isn't Wisconsin in one of the few clean enclaves of America, up near Lake Wobegon? 3. Wisconsin also has a true progressive tradition and a high rate of political activism, and these people are strongly supportive of Kloppenburg; or at least strongly opposed to Prosser, an ally of a nemesis governor. 4. Wisconsin and Madison in particular still have the remnants at least of an independent media. 5. It's not the spineless, witless, not-what-they-appear-to-be Democrats behind Kloppenburg, but rather public service unions, who (a) HAVE A LOT AT STAKE and (b) Know the System So anyway, Diana's right. Let's see what happens. Those of you in Wisconsin or in the unions, in particular, can you give us any reports? [1] Jonathan Simon, ""Open Letter to the Media" PDF here --------------------------------------------------------------------------- - ---- From: electionintegrity@googlegroups.com [Diana Finch] Sent: 08 April, 2011 12:22 AM Subject: [ei] I hope everyone is following the story of the Waukesha Wisc election snafu A very thorough report of the goings-on is on bradblog. Apparently the county canvas of the election results 2 days later found that somehow the reported vote totals for one city were zero in every race, which was not noticed at the time (?!?) - and the missing votes that have now been added in put the Republican candidate ahead by just enough votes to avoid a recount. The County Clerk's explanation is that although she is sure she added the votes in on election night, somehow the totals from one city were not saved into her database, no one noticed, and that initial database provided the results announced to AP. http://www.bradblog.com/?p=8456 County Clerk Kathy Nickolaus keeps all the election results on her PC in her office, and is the sole person to tabulate the results from the individual districts and upload said results to the state site. She uses an Access program for the data. The more we think about this, the less sense it makes. Unless the County Clerk did everything in secret, by herself, and nobody else ever checked what she was doing??? huffingtonpost has a video of her press conference in which she reports the 'human error' involved and one brave reporter tries to get more of an explanation out of her. http://www.huffingtonpost.com/2011/04/07/david-prosser-wisconsin-supr... rt_n_846431.html I only hope that Wisconsin voters have the means and the wherewithal to get to the bottom of this one . . . And of course the County Clerk is a Republican and a former 13-year employee of the Republican candidate who was losing and who now ends up winning because of the restored 'missing' votes. And instead of having a recount mandated by state election law and paid for by state funds, any recount will have to now be the result of a legal challenge and paid for by the challenging candidate's party. Please comment and discuss! Diana Finch Reply Reply to author Forward Report spam End of messages « Back to Discussions « Newer topic Older topic » Create a group - Google Groups - Google Home - Terms of Service - Privacy Policy ©2011 Google

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David Frenkel Video on Stolen 2004 election

by Steven Freeman 4/7/2011 5:35:00 AM

A David Frenkel video:
http://vimeo.com/channels/32711#21022018

An Inconvenient Question: Was the 2004 Presidential Election Stolen? Part 1

This is the channel I have named on Vimeo.com , Independent Voices.

The link is the first of six parts to the show An Inconvenient Question, Was the 2004 Presidential election stolen? Please let me know if this link allows you to play all six parts. Best David

About this video: "Steve Freeman is interviewed about his book, Was the 2004 Presidential Election Stolen. The show host is David Frenkel and the panel discussion that follows includes election antifraud activists, Jonathon Simon, Sally Hardcastle and John Boniface.."

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King-Lincoln-Bronzeville_Developments

by Steven Freeman 2/11/2011 12:49:00 PM
From Cliff Arnebeck:

Earlier this week the new Ohio Secretary of State, John Husted, filed a request for a status conference for the purpose of setting a case schedule, and expressed his opposition to our proceeding with a discovery deposition of Karl Rove and records production by the US and Ohio Chambers of Commerce. Having regained, by fraud and theft, complete control of Ohio's government, the Rove Republicans want to terminate our litigation--especially our pursuit of the election theft and fraud that continued after the 2004 election.

Yesterday Solomon Oliver, Chief Judge of the Northern Ohio U.S. District Court, granted our motion for full release of the deposition of Michael Connell. We will file this with the District Court here in Columbus on Monday. We will explain the relevance of the deposition to the discovery agreed to by OSOS Jennifer Brunner, and how Connell revealed both the professional work that enabled the theft of the 2004 Ohio and the rationale given to him for that work. This is contained in portions of the deposition that Karl Rove/Ken Blackwell sought to have forever sealed and unavailable for public review. The judge's order is attached.

Wealthiest need tax cut ... it's gotten expensive to control the outcome of elections

by Steven Freeman 12/8/2010 1:31:00 PM
http://www.borowitzreport.com/ POSTED DECEMBER 8, 2010

Wealthiest .0000001% Hail Tax Deal

Billionaires Praise Obama Move

 

GENEVA (The Borowitz Report) – President Obama’s deal to extend the Bush tax cuts for the rich drew rave reviews today from the wealthiest .0000001% of Americans, who pronounced the deal “a total home run.”

“When we first heard about the deal, we were like, this is too good to be true,” said multibillionaire Thurston Howell IV, a spokesman for the richest .0000001%. “But when our butlers read the plan aloud to us during the cocktail hour, we were incredibly stoked.”

The 29 plutocrats who make up the nation’s wealthiest .0000001% were at their annual meeting at Mr. Howell’s villa in Geneva, Switzerland when news of the President’s deal was first released.

“Bill Gates and Warren Buffett were the first to hear about it, and then the news just kind of trickled down, if I may use a favorite phrase of ours,” Mr. Howell said.

“The President deserves credit for recognizing what the wealthiest .0000001% have known for years,” he added. “Our cost of living has soared astronomically, especially when you consider how expensive it’s gotten to control the outcome of elections.”

In response to critics who have said that Mr. Obama’s decision to extend the tax cuts represents a change in his position, Mr. Howell said, “If I may coin a phrase, that’s change I can believe in.”

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Election Integrity Website Needs & Opportunity

by Steven Freeman 8/12/2010 7:21:00 PM

Election Integrity has a new professional web designer, Jeff Bastan of Web City Pages, and we are soliciting your design ideas, material and involvement. We would especially value:

  • video and graphics
  • regular bloggers
  • web page managers
  • archivists, bibliographers
We welcome all competent material, especially video and graphics. But to make an impact as a blogger, webpage manager, or archivist you need to carve out a niche. In general, our community is far too fractured, inexpert and reactive. Some abomination happens and we reactively enter into crisis mode, trying to come up to speed after the fact, continually exhausting our already drained energies and resources with a response that's far too little, far too late.

The alternative is to act together as a community, develop collective expertise and work proactively.

Few of us in this movement like the idea of corporations telling us what to do. But any alternative requires that we intelligently and collectively tell ourselves what to do, i.e., that we self-organize. Unfortunately, few of us even recognize or understand this need, let alone develop the individual and collective abilities to do it. The US has become a corporate subsidiary largely by default; no serious organizational alternative exists.

Virtually everyone in this movement is bright and independent. That's what has enabled you to see through the haze of public proclamation. But few effectively utilize their abilities toward productive public ends.

To begin to move towards self-organization, to begin to actually provide an alternative to corporate control rather than simply lament it, requires that each of us seriously evaluate both the larger needs and what we ourselves can do individually. If you want to contribute money or resources, that's wonderful; we sorely need it and gratefully welcome it. But if you want to (also) contribute intellectually, you need to contribute specifically. What specifically will you take the time to learn well and communicate well? These possibilities are endless, but here are a few examples:

  • EI in your county, state or nation
  • Some aspect of EI, e.g., ballot box security, mail-in voting, auditing
  • The voting machine industry
  • Litigation
  • Election forensics
  • EI disinformation
  • EI institutional support (or lack thereof)
  • EI coverage in a particular newspaper, journal or electronic media -- or on a particular issue
  • EI and other social movements
  • EI understanding and misunderstanding within professional communities
  • Educational materials

Generally a niche emerges and changes over time, so don't worry about trying to nail it from the onset. Think about what you've already been paying attention to, or how it might relate to a professional or personal interest. Or simply begin by writing a single blog, designing a webpage, or putting together a list of materials.

Democracy in America really does depend on you. And on working together effectively.

To begin, reply below or send a private message to me.

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Supreme Five empowers (yet further) corporate control of elections

by Steven Freeman 2/20/2010 5:59:00 PM

Note: In trying to delete a spew of spam comments, I actually deleted several posts. Here is the most recent (actually posted about a month ago):

Many good posts in the EI forum on Thursday's Supreme Court ruling for Citizens United v. FEC (Federal Elections Commission), which i try to incorporate into this summary of the ruling and its implications.

Citizens United (CU), an ideological organization[1] that produced an anti-Hillary Clinton documentary, wanted to air and make the video available for free during the 2008 presidential primary season. They couldn't because the 2002 McCain-Feingold act barred some corporate-funded television broadcasts in the 30 days before a primary election. In a 5-4 decision, the court went way beyond what the specifics of the case, striking down more than 100 years of campaign-finance law including any use of corporate treasuries for campaigns, which Justice Anthony Kennedy called a "classic example of censorship," [2]

Temple U. law professor David Kairys, writing for Slate,points out legal flaws in the Supreme Five's argument, which 

... depends on two legal theories...: money is speech and corporations are people. Both theories are strange, if not simply wrongheaded—why, according to the Constitution or common sense, would money be speech or corporations be people? The court has also employed theories not uniformly but, rather, as constitutional cover for dominance of the electoral system by corporations and by the wealthy....
... We limit speech—when it has nothing to do with wealthy people spending money—in many ways... You famously can't shout fire in a theater. You not-so-famously can't break the theater's rules, including rules about speaking... Conservative justices dominating the court have also limited speech rights for demonstrators, students, and whistle blowers. They have restricted speech at shopping malls and transit terminals. Taken as a whole, ... [they have] enlarged the speech rights available to wealthy people and corporations and restricted the speech rights available to people of ordinary means and to dissenters. [3]

The ruling has generated an extraordinary outpouring of shock and outrage, with hundreds of editorials and a sharp reaction from the President.[4] At EI, we're hardly surprised by anything the Supreme Five do and say, least of all faulty logic, faulty procedure (the judicial overreach which Justice Stevens' 90-page dissent bitterly criticizes) or unabashed anti-democratic action. But some aspects of this ruling make it particularly demonic, and correspondingly offer some opportunity to those who would fight back.

The demonic is not the anticipated opening of corporate coffers and the resulting inequality in election resources [5] (corporations already own the media, most politicians and, beyond that, the nation's election machinery); but rather three particularly noxious implications above and beyond.[6]

Noxious implication #1. Legal principles apply forever and broadly and the CU case put forth a watershed new principle of radical corporate personhood. 

An apparent glimmer of hope in the ruling was that at least corporate donations would be out in the open. But the CU case was manufactured as part of a larger 10-year quest to end all spending rules for campaigns, and next up is rolling back the disclosure rules.[6, 7]

Noxious implication #2. Unlimited war chests serve as unspoken THREAT and DETERRENT

The deterrent is the rational calculation of the politician that there are "war chests" out there not only for the other party but also for third party corporations. For example, big pharma can now attack with unlimited funds, anyone who, say, pushes for bulk purchases of drugs to get a better price for consumers and taxpayers. (cooperatives under the new health bill are criminalized and subject to being shut down by the feds without notice). How many politicians -- or the rest of us -- can survive multiple million dollar attacks?

US politicans are already controlled by some big carrots and big sticks.

Big Carrot: Serve us well and enjoy a secure political career, and when you're ready to cash in, join us on our Boards of Directors
Big Stick: Threaten our interests, and you're in for a bad fight. We coopt your colleagues and support any and all challengers. No job security, no plush retirement, and almost certain defeat in the legislative chamber.

But corporate sticks, big and bad as they were, have now morphed into the political equivalent of Nuclear Weapons.

New Nuclear Stick: Threaten our interests, we destroy you. And all in a quixotic (i.e., losing) effort because there is zero chance that a majority of your colleagues will be equally foolish

And the really beautiful part is for orporations is they need never speak the threat or spend the money. The carrots and sticks serve as unspoken message to all politicians, effectively putting them firmly under their corporate master's thumb. Moreover, adding up total money spent will not properly quantify the effect; every politician knows which corporations would be gored if he or she were foolish enough to try to regulate in a certain area. And there need never be a quid pro quo -- no bribe, no physical evidence of unseemly behavior. Politicians understand all too well: act foolishly, you're gone; play ball and take a seat at the richest, most elite club in the world.

Noxious implication #3. Last minute million dollar attacks undermine the last remaining public check on election-fixing

Last minute torrents of cash like those that purportedly changed the calculus in the MA Senate election (Brown received over a million a day the last ten days -- more, even than he was able to spend) increases the margin of plausible cheating people will believe and not investigate. With exit polls discredited (however wrongly), pre-election telephone polls are the only remaining public check on election-fixing. But now, what does even a ten percentage point lead in the polls mean? So even if all that money spent in the last days of a campaign doesn't change a single vote, it makes our election investigation task still more impossible. Evidence is even less likely to get any traction than before because anyone can believe that the influx of millions of dollars swayed voters in the final days.[6]

Threats, however, are almost always accompanied by opportunity. I note again the widespread shock and dismay this ruling has provoked. Even if we understand it as but one more in a long series of events permitting consolidation of corporate control over both elections and the media, it may be a wake-up call to others, and thus provides the chance that they may hear us out. And judging from the President's reaction, it may also well be a wake up blow to politicians. They may well understand that if they want to retain any last shreds of dignity, decency and independence, this may be their last chance.

References:

[1] In June 2004, CU tried to block distribution of Michael Moore's film Fahrenheit 9/11, filing a complaint with the FEC claiming that the movie violated federal election law: Susan Jones, "Michael Moore Film Violates Campaign Finance Law, Group Alleges," (formerly Conservative News Service; now Cybercast News Service, June 23, 2004.

[2] Money Grubbers: The Supreme Court kills campaign finance reform. By Richard L. Hasen, Slate, January 21, 2010; Justices Turn Minor Movie Case Into a Blockbuster By ADAM LIPTAK, NY Times, Supreme Court Memo, January 23, 2010

[3] Money Isn't Speech and Corporations Aren't People: The misguided theories behind the Supreme Court's ruling on campaign finance reform. By David Kairys, Slate January 24, 2010

[4]
President Obama slams Supreme Court's 5-4 ruling to throw out prohibitions on campaign ads. Celeste Katz, NY Daily News, January 24, 2010

[5]
Nevertheless, a nice perspective on this: Big biz needed no help in election game Mitch Albom, Detroit Free Press, January 24, 2010

[6]
Thanks to posts by election attorney Paul Lehto for these arguments; see also his articles, Supreme Court De-Regulates Corporate Campaign Donations; Corporate Rule Now Unmasked, Open & Notorious. Paul Lehto, OpEdNews. January 23, 2010

[7] The court also agreed last week to hear CU’s attorney's next appeal: seeking to prevent the public release of the names of people who signed a Washington State petition opposing same-sex marriage, on the ground that gay rights supporters might harass them.  A Quest to End Spending Rules for Campaigns by DAVID D. KIRKPATRICK, NY Times, January 25, 2010; Citizens United used 'Hillary: The Movie' to take on McCain-Feingold by Philip Rucker, Washington Post , January 22, 2010; C08 

Warning: Aurora cyber attack bigger and more consequential than previously reported

by Steven Freeman 2/6/2010 8:31:00 AM
Google announced in January that it had been the target of a “highly sophisticated” and coordinated hack attack, since dubbed Operation Aurora (because files labeled “Aurora” appear in infected machines). Disclosures by Adobe and other companies soon followed and hints were that it was an attack by the Chinese government, an accusation around which the media has coalesced.

Late this week, there were several followups. Wired reported that Google has asked the NSA to help secure its network. The Examiner reports:
The massive Operation Aurora cyber attack last month, apparently launched from command and control server computers in Taiwan, is part of a larger and sustained effort that has been stealing data for years.… Public details about the cyber attack on major corporations in the United States are scanty as the companies try to assess the damage.

The Department of Defense held a conference with top computer security experts last week in St. Louis, Missouri to discuss the problem. One of the participants, Mandiant, a security consulting firm, has released a report on its findings. … “The scale, operation and logistics of conducting these attacks--against the government, commercial and private sectors--indicates they are state-sponsored. The Chinese government may authorize this activity, but there is no way to determine the extent of its involvement. Nonetheless, we have been able to correlate almost every APT [Advanced Persistent Threat] intrusion we have investigated to current events within China.”
But of course, the Chinese government is not alone in being threatened by free and fair distribution of information. One of the few circumspect accounts appears in the (U.K) Guardian, which notes no hard evidence of involvement of the PRC or any agents thereof except for Chinese IP addresses and observes, "attackers could have purchased hosting on those servers or compromised them as well. ... It could be a false-flag attack designed to draw suspicion to China."

Several people in our community have been affected. Sheila Parks, director of the Center for Hand-Counted Paper Ballots, writes:
I got a very bad computer virus this week, even with all my protection. My computer person says they are happening everywhere. I have never had a virus in all my years on computer  I am writing to tell you, if you don't already know, that you should not be using Internet Explorer, except in those few cases where you have to.

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Anniversary of the Most Important Speech of the 20th Century

by Steven Freeman 1/17/2010 8:22:00 PM

49 years ago today, American's greatest war hero, commander of the allied forces in the worst war in history, and a two-term Republican president chose in his final message to the world from public office to warn of two threats: a new military-industrial complex and the new scientific-technological elite.

In his farewell address President Dwight D. Eisenhower observed the creation of a new armaments industry and its conjunction with a new immense military establishment that bore "little relation to that known of any of my predecessors in peacetime, or, indeed, by the fighting men of World War II or Korea.” He warns:

We must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together.

Much like the Oceania of George Orwell’s novel 1984, the US has ever since been on a perpertual war economy. (Eisenhower's speech was, in no small measure a rejoinder to Democrat JFK's assertion of a “missile gap.”) For decades, Communism and the Soviet Union remained a useful, through increasingly implausable, threat to justify ever-increasing military budgets. Even after the USSR imploded, military budgets under new Democrat, Clinton, continued ever upwards. And now, again we have a Democrat mandated with “change,” yet America, without enemies among the major nations of the world, will for the first time in history spend more than one trillion dollars on military expenses this year, considerably more than the entire rest of the world combined.

Eisenhower's warning of the military industrial complex is not generally well known. In twenty two years of formal education, I never heard mention of it. But at least the term permeates the general American conciousness. In contrast, there is virtually no awareness of the second threat, that

… in holding scientific research and discovery in respect, as we should, we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific-technological elite.

With regard to elections, both of these concerns have been borne out beyond Ike’s wildest nightmares:

  • Voters now must place absolute faith in "the man behind the curtain" to cast and count their ballots in accord with their intention. The new election industry is now almost completely technologized, and election industry programmers and CEOs are the wizards reporting the bytes. Ordinary citizens (i.e., everyone else) cannot peak behind the curtains even when the numbers are patently ludicrous (e.g., Ohio 2004, Ohio 2005, Sarasota 2006, New Hampshire 2008, etc...)
  • The military industrial complex now not only influences elections with vast sums of money, but has surreptitiously – bizarrely – become deeply embedded in in voting processes and legislation, lobbying to ensure further election technologization (and thereby these trillion dollar annual budgets).

The 50 year anniversary of this speech may be our last best chance to get Ike's warning out, to take a first step toward creating an alert and knowledgeable citizenry. Any thoughts on how we might reach out to the public? Dramatize his prophecies with regards to elections? Ideas most welcome. For now, read, listen to, or view the speech.

Voter registration facilitated for low-income Ohio citizens

by Steven Freeman 11/30/2009 7:11:00 PM

Federal Court Lawsuit Settlement Brings Ohio Into Compliance with National Voter Registration Act; Hundreds of Thousands of Low-Income Ohioans to Benefit

FOR IMMEDIATE RELEASE: November 30, 2009

Contacts: Tim Rusch, Demos, (212) 389-1407, trusch@demos.org
Stacie B. Royster, Lawyers' Committee, (202) 662-8317, sroyster@lawyerscommittee.org
Amy Teitelman, Ohio ACORN, (513) 257-9813, ateitelman@acorn.org
Michael McDunnah, Project Vote, (202) 905-1397, mmcdunnah@projectvote.org
 
Cleveland, OH--Low-income Ohio citizens will be ensured access to voter registration at Ohio public assistance offices as a result of a settlement agreement submitted to Federal District Court Judge Patricia A. Gaughan over this past holiday weekend.  
 
The settlement successfully resolves a three-year old lawsuit filed against the Ohio Secretary of State (SOS) and the Director of the Ohio Department of Job and Family Services (ODJFS) in September 2006 by Lorain resident Carrie Harkless, Cleveland resident Tameca Mardis and the Association of Community Organizations for Reform Now (ACORN) charging widespread violations of the federal National Voter Registration Act (NVRA). Section 7 of the NVRA requires public assistance agencies to provide voter registration opportunities to their clients.
 
Extensive pre-suit investigation and discovery in the case revealed that many of Ohio's county public assistance offices were ignoring their responsibilities to provide voter registration to their low-income clients. Currently, only 71 percent of low-income Ohioans are registered to vote compared to 90 percent of affluent Ohioans.
 
Before the lawsuit, there was no state official overseeing the state's compliance with the federal law.  Although Ohio has designated the Secretary of State as its chief election official responsible for NVRA compliance, at the time the lawsuit was filed, then-Secretary of State Kenneth Blackwell contended that the state's obligation to provide voter registration services to its low-income residents was satisfied by the maintenance of a toll-free hotline for public assistance offices to call. ODJFS claimed that Ohio law prohibited it from ensuring compliance by county offices.  
 
"As a result of the steps the Secretary of State and ODJFS director will take, we expect hundreds of thousands of voting-eligible low-income Ohioans to be registered to vote," said Lisa Danetz, senior counsel in the Democracy Program at Demos and co-lead counsel for the plaintiffs. "We applaud the integration of voter registration into agency processes as well as the planned monitoring of the county public assistance offices."
 
The case was filed in the United States District Court for the Northern District of Ohio, and after a decision by the Sixth Circuit Court of Appeals, the case returned to the district court where it settled after extensive fact discovery.   The Court of Appeals decision established an important precedent that state officials have ultimate responsibility for compliance with this federal law, even when local agencies also have day-to-day responsibility for administering public benefits programs.
 
"The changes made under this agreement represent a long-overdue recognition of the need for an active program of voter registration at public assistance offices in Ohio" said Jon Greenbaum, legal director of the Lawyers' Committee for Civil Rights Under Law.  "With nearly a full year before the next federal general election, we believe that the implementation of these improvements will bring many thousands of Ohio citizens who would otherwise be unregistered to the polls on election day 2010."
 
As a result of the agreement, the provision of voter registration services will be institutionalized within the office procedures at county DJFS offices, and both the SOS and ODJFS will make sure such services are provided.  In particular:
 
-- voter registration application integrated within each agency's benefits forms
-- voter registration incorporated into the statewide computer system used by caseworkers
-- training program for those employees with voter registration responsibilities
-- reporting and monitoring of important data from the statewide computer system, county boards of elections and county DJFS offices
-- at least 20 unannounced spot checks of local agencies each year
-- follow up with counties not providing voter registration services
-- review of voter registration services, using the same mechanisms that it employs to oversee the local provision of food stamps
-- designating the Department of Veterans Affairs, in its administration of medical services and services for homeless veterans, as a voter registration agency
-- work with the Ohio Department of Rehabilitation and Correction to encourage voter registration among recently released offenders.
 
"This settlement is good news for all citizens in Ohio and especially the low income communities we serve.  The fact that the state of Ohio will honor its duty under the law by assisting people to register to vote when they are in government offices will help more citizens become voters," said Mary Keith, a member of Ohio ACORN's board of directors.  
 
"Across the country, the people least likely to be registered to vote are those from low-income households," said Teresa James, election counsel for Project Vote. "Our hope is that other states that have been ignoring the NVRA will not wait to be sued to fulfill their obligations to these millions of unregistered Americans."
 
"We are delighted to have worked with our co-counsel and Ohio officials to ensure that Ohio citizens receiving public assistance will be afforded a greater opportunity to register to vote and participate in the democratic process," said Neil Steiner, a partner at Dechert LLP.
 
The groups have filed similar lawsuits in Indiana and New Mexico, and in 2008 successfully settled a lawsuit in Missouri that has led to a vast increase in voter registration applications submitted at the state's public assistance offices. In fact, agency-based registrations in Missouri skyrocketed from 8,000 a year to more than 100,000 in just eight months after the court-ordered settlement. It is estimated that proper implementation of the NVRA's public assistance provisions nationwide could result in 2-3 million additional voter registrations per year.
 
The plaintiffs in the Ohio case are represented by Demos, the Lawyers' Committee for Civil Rights Under Law, Project Vote, Dechert LLP and Cleveland attorney Donna Taylor Kolis of Freedman, Domiano & Smith. The full settlement agreement can be viewed at www.demos.org <http://www.demos.org> . 

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