The bills that got my attention included HB 0639/SB 0150, sponsored by Rep. Debra Maggart and Sen. Bill Ketron, which would have required a photo ID to vote (failed in committee); HB 1838/SB 1999 sponsored by Rep. Curry Todd and Senator Mark Norris, which would have required proof of citizenship to register to vote (failed in committee); and a third, HB 0614/SB 0872 also by Rep. Todd and Senator Ketron, which would have gutted the Tennessee Voter Confidence Act (failed to get a majority of votes in the Senate).

But there’s more. Add to the above the following:

1) Legislation that did pass which added two new Republican members to the State Election Commission thereby giving the GOP a majority two years earlier than they would have had otherwise. Here you can watch Republican Senator Mark Norris threaten to let the Election Commission die if they are not given two more members and the majority on the State Election Commission.

2) The movement by the GOP to push out all the current county election administrators and replace them with more ideologically pure members of their own party. Why does this matter? Well, as Bev Harris over at BlackBoxVoting.org (America’s Election Watchdog Group) tells us, it’s not the votin’ that’s democracy, it’s the countin’!:

“Computerized vote-counting, whether on optical scan or on DREs, with paper ballots or without, is heavily reliant on the computerized compilation done by the central tabulator, which is under direct control of the election administrator and those he selects as IT administrators. These central tabulators have nifty features to allow manual changes in the vote counts. You control the tabulator, you own the election. What is happening in Tennessee is that political parties are choosing to put their own people in control of the computer, based on party affiliation.”

3) An attempt by the Republican Rutherford County Election Commission Chairman, Tom Walker, to violate the state’s Sunshine Laws by banning the press from a county election commission meeting. Mr. Walker, in display that can best be described as slinging ‘tude, says he “doesn’t care what the law says.” Republican Commissioner Dorris Jone added, “We’ve got some crazy laws in this country.” Today, Mr. Walker continued to break the law by denying the media access to the applications submitted for administrator of elections.

4) A suspicious visit to an election integrity activist from the TBI at the behest of the Republican Secretary of State – which smells a little like political intimidation.

These are the machinations we know about. What else might be going on behind the scenes?

*Many thanks to Bruce Barry who saved me another half-hour of trying to come up with a good title for this post.

Secretary of State Tre Hargett

Or perhaps election integrity activist Bernie Ellis is guilty of misuse of a metaphor. But what he is decidedly not guilty of – contrary to the opinion of Secretary of State Tre Hargett – is making a “terrorist threat” against the government of the state of Tennessee.

Yesterday, we posted the story Bernie sent us about his visit from two TBI officers:

I was just visited by two officers of the TBI, investigating a complaint they had received from the Secretary of State’s office (complainant unnamed), saying that I had recently sent an email directly to the Tennessee Secretary of State’s office, threatening violence against that office by invoking the memory of the Battle of Athens (TN). They were here to investigate my “terrorist threat against a government official”.

Well, I’ve never sent any emails to this SoS’s office on any subject, now or at any other time. However, I told the TBI agents that I have several times invoked the Battle of Athens (TN) in my writings as the only alternative available to the citizenry if the sanctity of the ballot box cannot be assured.

Those who know Bernie – and that includes many, many people down at Legislative Plaza – know him to be a smart and passionate activist whose only fault may be that he lacks the editing chip in his brain that most of the rest of us have. You know, the one that renders us, out of fear, unable to say out loud the things we really mean.

Secretary of State Hargett could have found out if Bernie was capable of making a “terrorist threat” by simply asking his State Election Coordinator or one of the many legislators who worked with Bernie on either medical marijuana or election integrity legislation. Mr. Hargett, who spent a lot of time on the House floor this year, surely now knows enough of the same people Bernie does and if he had asked he would have found out that the comment was “Bernie just being Bernie” – passionate, eloquent, and single-minded in his quest to do what’s right for secure and verifiable elections in Tennessee. If he had asked he also would have found out that this type of thing doesn’t quite Bernie down, it fires him up.

Jeff Woods at Pith, God love’em, makes with the follow-up:

Newly installed Republican Secretary of State Tre Hargett sicked the TBI on a political opponent on a trumped-up charge of making a “terrorist threat.” The case is now closed, the TBI having found no justification for Hargett’s complaint. Yes, it matters who governs.

…

Pith phoned Hargett’s spokesman, Blake Fontenay, for comment today. But guess what? He’d love to talk, of course, but he just can’t. The TBI won’t let him, he says, “because they’re still investigating.” Yes, it’s the old “we never comment on pending investigations” trick.

“I really am not supposed to say anything more than that at this point,” Fontenay apologized. “We’d love to respond but we were asked by the TBI specifically not to respond. There definitely is another side to this, and we wish we could talk about it, but it’s not usually advisable to get the TBI mad at you. My hands are tied at this time.”

So then we phoned the TBI, whose spokeswoman Kristin Helm said basically there is no investigation, and she doesn’t know what Fontenay is talking about.

“We had to go pay Bernie a little visit,” Helm said. “We had a public official who felt as though he was being threatened, who felt there was something floating around in cyberland that was a threat. A couple of agents went to talk to Bernie and pretty much found the threats were unsubstantiated.”

Helm confirmed the public official who complained was Hargett. Asked whether the TBI planned to engage in political intimidation at the behest of state officials, Helm said, “Political intimidation? We went out because he felt threatened and we needed to see if that threat was substantiated or not. I don’t know anything about any political intimidation.”

There’s no doubt that the TBI did what they had to do – they had to investigate the “threat,” especially if the Secretary of State asked them to do so. But the question remains, why Bernie? And why now?

Later, Blake Fontenay did talk – to Tom Humphrey of the Knoxville News Sentinel – who nicely summs up the Battle of Athens:

In the Aug. 1, 1946 “Battle of Athens,” according to an account in the Tennessee Blue Book, “a pitched battle occurred between ex-Gis and supporters of the entrenched political machine of McMinn County.” The veterans basically contended that election fraud was afoot.

Hargett’s defense, according to Fontenay, is that he was worried about a comment Ellis posted last week on Humphrey’s blog: “He was calling something to the TBI’s attention out of an abundance of caution for his employees,” Fontenay says.

mmmmmmmmmmmmmmm…paper ballots…

First, I’d like to thank you all for your interest in the democratic process. As you know, it’s so important that as voters and American citizens we can count on our news media and elected officials to ensure that in every election our votes will be counted and counted as cast.

Since the story broke of potential recount challenges by both candidate Barnes and Rep. Davis, a couple of things have happened.

First, Nashville Public Radio, you ran a news story in which you interviewed Tennessee Election Coordinator Brook Thompson about the process for initiating a recount. In the report, Mr. Thompson made it very clear that, because this was a primary election, the responsibility for deciding to go forward with a recount challenge was up to an individual party and their committees:

“The party really sits as judge and jury in an election contest. And so the losing candidate will contest the election. They will be given time, I presume, to make their case. The winning candidate will also be given time to make their case, and the party has to determine what it wants to do.”

Interesting story – but it was missing something. Where were the questions about the process for a recount? Where was the mention that, because of the types of electronic voting machines used in 93 of 95 counties here, a “recount” in Tennessee means pressing the same button and getting the same totals? Where was the factual statement that when using this methodology there would be absolutely no difference at all in the numbers either candidate would get after a recount? Isn’t that news? Hell, isn’t that the story?!?!

You also recently reported that “As recently as last year, two Republican candidates challenged primary results” but that “State Republican Party officials says both matters were resolved without a full recount because either the candidate couldn’t pay for it or because the committee ruled it inappropriate.”

The real reason, of course, as Rep. Davis and candidate Barnes have now figured out, is because a recount would be futile.

Now, I hear, both you, Rep. Davis, and you, candidate Barnes, are looking into challenges based on “cross-over” voting instead. Good luck with that. But is that it? Does the story of why a recount isn’t possible when an election is close now simply just go away?

I urge you, Nashville Public Radio, the National Media, Rep. David Davis, and Candidate Tim Barnes, as you go on with your news stories and your challenges, please DO NOT LET THIS STORY DIE.

Electronic voting (not bears) is the number one threat to our democracy – and not just in Tennessee:

• 28 States still use Electronic Voting Machines and will in this critical presidential election.
• The U.S. Senate is proposing an Electronic Voting Machine bill that would exacerbate these bad voting practices, not fix them.

But yes, this threat does continue in Tennessee and will do so until 2010. Right now, in Davidson County a small group of committed volunteers and Metro Council folk are fighting to prevent the Election Commission from spending hundreds of thousands of dollars to rent more of the same useless and unverifiable machines instead of buying the type that will allow for paper ballots and that they are mandated to purchase, by law, before the 2010 election.

It’s clear, sirs and madams, by the work you do that you love our democracy. But do you love it enough to realize the importance of this story – your story – and shout it from the rooftops until the rest of the country stand ups and takes notice?

Your pal,

Mary

Congratulations on a well-fought race against Senator Kurita. The race was so close in Tennessee State Senate District 22 (the fightin’ 22nd!) and the fact that incumbent Rosalind Kurita beat you by only 19 votes is a testament to your hard work and dedication to your campaign.

Due to the closeness of the race, it is completely understandable that you would want a recount. It’s the smart – and right – thing to do.

But there is one thing you should know – a recount is an absolute waste of time.

You see, the machines used in both Montgomery and Houston counties are electronic. So, to get vote totals for each machines, an election official merely presses a button. A “recount” for these machines means pressing the same button and getting the same totals. There will be no difference at all in the numbers you get after the recount.

Now, if Tennesseans used paper ballots to vote (and they will in 2010) and those paper ballots were the lawful ballot of record, then you might actually be able to see exactly how the voters in The Fightin’ 22nd voted. And rather than rely on easily hackable electronic machines that spit out the same results no matter how many times you request a “recount,” you would have tangible pieces of paper that represent the real intent of the voter.

Congratulations again on a well-fought contest. And good luck in 2010.

Your pal,

Mary

Randy McNally, Chair; Douglas Henry, Vice-Chair; Tim Burchett, Secretary; Diane Black, Raymond Finney, Joe Haynes, Rosalind Kurita, Jim Kyle, Mark Norris, Bo Watson and John Wilder.

Please don’t hesitate. Call them now. The bill states:

SECTION 1. This act shall be known and may be cited as the “Tennessee Voter Confidence Act of 2007”.
SECTION 2. Tennessee Code Annotated, Title 2, is amended by adding the following as a new, appropriately designated section:
2-__-___.
(a)Notwithstanding any other provision of state law to the contrary and consistent with federal law, any voting system purchased or leased with federal, state or local funds shall provide that the ballot of record shall be a paper ballot marked by the voter, with appropriate accommodation for persons with disabilities. Such ballot shall be available for the voter to verify such voter’s vote before having it counted and retained by the election officials. The system shall maintain the secrecy of the voter’s choices and the ballots of record shall be used in any recounts, contests, or random samplings for accuracy.
(b) The secretary of state and the state election commission are authorized, with the various county election commissions, to implement the provisions of this section for any new purchases after the effective date of this act. In addition, they are authorized to expedite the replacement or modification of any systems that are not in compliance with this section as soon as practical. Federal “Help America Vote Act” funds previously allocated, or any similar funds allocated in the future shall be used to the extent such funds are eligible.
SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring

Also, NOW is also the time for you to phone or email (preferably both), your state Representative and Senator. You can find phone number and email address information here. If you send an email, make sure you put your zip code in the subject line with a reference to the bill number and name (Voter Confidence Act).

The message is, “I am counting on you to vote in favor of HB 1256 / SB 1363, the Voter Confidence Act, when it comes to the floor for a vote.”

Dear Representative (or Senator) ______________,

I am a constituent of yours, and I would like to ask you to vote in favor of HB 1256/SB 1363, the Voter Confidence Act. It is expected to be ready for a floor vote in the next few days. If passed, this bill will ensure that we vote on durable paper ballots that are tallied by an optical scanner, and retained in a locked ballot box. These paper ballots also become the ballot of record in case a recount is necessary.

This new system will replace the touchscreen electronic voting machines, offering us verifiable ballots, no long lines at the polls, and a system that is less expensive for counties to use.

The cost of changing our voting equipment will be met with federal funds already held by our state.

I look forward to your voting YES to HB 1256/SB 1363. Thank you for your attention to my views on this critical issue.

Sincerely,
Name
Address
Phone Number

We are so close to no longer being one of 6 states at “High” risk for continued voting machine mishaps. This bill does not guarantee a change by this November, however, the Governor still have time to issue a mandate. When in doubt, go low-tech.

UPDATE: The bill made it out of the Senate Finance Ways & Means committee. Woohoo!

This Tuesday’s crucial contest will be primarily run on 100% faith-based, touch-screen e-voting machines across the state. There will be no way to determine after the election whether the computers have accurately recorded, or not, the intent of those voters who voted on them. As VerifiedVoting.org summarizes the crucial contest, it “will be essentially unrecountable, unverifiable, and unauditable.”

How is this still possible? Forget flag pins and guilt by association, why aren’t the American people and both candidates screaming about this from the rooftops?!? We won’t trust machines to run our lotteries but we’ll trust them to handle our elections?

Year of the Rat, nothing. This is the year of the underdog.

UPDATE: Interesting discussion going on at AC’s house, a.k.a WKRN’s Volunteer Voters, as to whether Stacy Campfield wields any kind of influence up there on the hill. All evidence points to no. However, it is nice (and rare) to see someone try to use the “homosexual agenda” wedge issue to their advantage and fail so quickly and so spectacularly.

Barack Obama’s primary-night results were strikingly underrecorded in several districts around the city – in some cases leaving him with zero votes when, in fact, he had pulled in hundreds, the Board of Elections said yesterday.

Unofficial primary results gave Obama no votes in nearly 80 districts, including Harlem’s 94th and other historically black areas – but many of those initial tallies proved to be wildly off the mark, the board said….

Initial results in the 94th, for example, showed a 141-0 sweep for Hillary Clinton, but the recount changed the tally to 261-136.

Even Obama’s future running mate is getting into the act:

Mayor Bloomberg charged yesterday that “fraud” was behind the unofficial results in the New York Democratic presidential primary that produced zero votes for Barack Obama in some districts.

“If you want to call it significant undercounting, I guess that’s a euphemism for fraud,” said the mayor.

Oh my stars, New York City Mayor Michael Bloomberg used the “F” word! The mayor needs to have a long talk with his buddy to make sure that if he does get the nomination he has eyes and ears in every state fighting for the integrity of the November election. If there was fraud in 2000, 2004, 2006 and even the 2008 primary, we’re kidding ourselves if we don’t think there’s going to be fraud in November’s general election.