In 2004, an estimated 3 million voters who showed up at the polls were refused regular ballots because their registration was challenged on a technicality. Instead, these voters were handed “provisional” ballots, a fail-safe measure mandated by HAVA [Help America Vote Act] to enable officials to review disputed votes. But for many officials, resolving disputes means tossing ballots in the trash. In 2004, a third of all provisional ballots — as many as 1 million votes — were simply thrown away at the discretion of election officials.

With their status in limbo, the voters were forced to cast “provisional” ballots, which can be reviewed and discarded by election officials without explanation.

And Step 4 in their guide to Stealing Back Your Vote urges,

DO NOT FILL OUT A PROVISIONAL BALLOT if your vote is challenged!! In 2004 the Republicans challenged a ridiculous number of voters. The voters were then told by a sweet little lady at a table that their “provisional ballot” would be counted, BUT IT WON’T. Don’t listen to the little old lady!! DEMAND that poll judges make the judgment ON THE SPOT. Demand a call to the supervisor of elections. If you have to, go home and come back with a better form of ID. If you need help, call ELECTION PROTECTION at 1-866-OUR-VOTE. And help those around you when you’re at the polling place. Look for people having trouble. Call the number for them. Tell them not to fill out a provisional ballot!

In this clip from Uncounted, Ohio citizen Bobby Jackson, who was forced to vote provisionally in 2004, sends out a heartfelt plea for participatory democracy – despite his vote not counting. “I guess I’ll vote next time too,” he says, “’cause people fought and died for my right to vote…and I know that…”

Please help spread this clip and its message, along with with Mr. Kennedy’s and Mr. Palast’s timely and specific instructions, and help, in the words of Mr. Jackson, “make it right…”

• Part 1 with John Seigenthaler – With Nashville in the spotlight last week, we were honored to have John Seigenthaler, one of the most important witnesses to Nashville and American history, join us to discuss the debates and the presidential race. And, of course, the First Amendment. (20:23 32.7MB)
• Part 2 with David Earnhardt – On the near eve of another big election, we welcome back documentarian David Earnhardt for an update on Uncounted: The New Math of American Elections and the impact it has had on our electoral system. (22:57 36.8MB)
• Part 3 Media Matters for America with Elbert Ventura – Elbert is, unsurprisingly, disappointed in the media’s coverage of the debates thus far. Will it change in Nashville? (13:05 21MB)
• Why So Blue, Dog? with Congressman Jim Cooper – Residents of the fightin’ fifth hear from our congressman, Jim Cooper, about the bailout, how helpful McCain’s intervention was, and why this might not even be the biggest deal. (07:05 11.4MB)
• Taking Liberty with Naomi Wolf – We speak with Ms. Wolf about her new book, Give Me Liberty: A Handbook for American Revolutionaries, a guide to participatory democracy, a subject dear to our hearts. Get Up! Stand Up! (21:35 34.6MB)
• We Don’t Want to Talk About It – There are some things you have to talk about even though they are painful to discuss. And then there are other things that you can get away with sweeping under an imploded stadium. Mary’s Dad calls in with one of the above…. (21:19 34.2MB)

Part 1 – The Super Bowl, the Puppy Bowl, the confusing primary process, what baseballs are made of, and WeeklyRadioAddress.com skewers the State of the Union.
Part 2 – Interview with Uncounted: The New Math of American Elections Filmmaker, David Earnhardt
Part 3 – Interview with Jennifer Van Bergen, a lawyer and journalist who first wrote about President Bush’s signing statements.
Part 4 – Media Matters for America Smackdown with Elbert Ventura. How does the media deal with issues of poverty? One guess.
Part 5 – We find out that the French have a better system of voting then we do. Sacrebleu!

This feature length documentary tells the story of this systemic threat to our democracy powerfully and thoroughly by examining in factual, logical, and startling terms how easy it is to change election outcomes and undermine election integrity across the U.S.. And let me tell you, it is easy.

UNCOUNTED is showing tonight – the night before Super Tuesday – on purpose. The date was chosen as a symbolic reminder that each of us must be vigilant in protecting our right to vote, which is the cornerstone of our democracy.

And although you think it might be depressing, it’s not. It’s also an uplifting story of a small group of whistleblowers who transform the movie from an overwhelming and frustrating indictment of our election system into an uplifting story of American patriots hell-bent on doing the right thing. These men – computer programmer Clint Curtis, who is directed by his boss to create software that will “flip” votes from one candidate to another, Utah, County Clerk Bruce Funk, who is locked out of his office for raising questions about security flaws in electronic voting machines, and Californian Steve Heller, who gets convicted of a felony after he leaks secret documents detailing illegal activities committed by a major voting machine company – embody what’s best about our country.

U.S. Congressman Jim Cooper, who will join Filmmaker, David Earnhardt, and Tribune Media Services Journalist, Bob Koehler, for a panel discussion following the 6:30 PM screening, says it best, “If you don’t know that your vote is counted, and counted fairly, then we have no democracy. It becomes rule by a small group of elite insiders who manipulate what looks like a democracy for their own advantage.”

Watch the Trailer.

Listen to our interview with David Earnhardt.

According to a new report by Common Cause and the Verified Voting Foundation:

Six of the 15 states that hold presidential primaries on Super Tuesday are at “high” risk for having election results affected by electronic voting machine malfunction or tampering…[Arkansas, Delaware, Georgia, New Jersey, New York and Tennessee] were given that ranking for using electronic voting machines that do not produce an independent, voter-verifiable paper record that could be used in the case of a recount or audit.

The report also found that 17 states have a “medium” risk, the classification given to states that “use voting systems that deploy paper ballots or produce a voter-verifiable paper record of each voter’s vote, but do not require audits,” and six states are at “low” risk because they use voting systems that deploy paper ballots or produce voter verifiable paper records and require audits.

It’s a good thing we still have time to do something about it election integrity in Tennessee. But we have to act fast. This week HB 1256 – legislation that will mandate that all voting equipment in Tennessee use or produce a voter-verified paper ballot and that statewide random post-election manual audits be conducted to verify the vote count – will be making it’s way out of the State and Local Government sub-committee and into the full S& L committee for a vote. Tennessee is one of the few states in the country where voter-verified paper ballots are not required by law. The full State and Local Government Committee will meet on Super Tuesday (2/5 – Presidential Primary day) at Noon in room 16. On the same day, at 10:30 in room 12, the Senate committee will hear the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) report, “Trust But Verify,” which recommends that to improve election integrity in Tennessee we move away from electronic voting machines and replace them with paper-based optical scan machines.

Please email and call each member of the Committee and tell them that we need voter verified paper ballots in Tennessee in time for the 2008 elections. Urge them to support HB 1256 (Rep. Gary Moore, D-the fightin’ 50th!), the Voter Confidence Act, which calls for this change no later than 2010. You can also email a link to this latest Common Cause report [pdf] to further send a message.

What’s remarkable about our state legislature is that Rep. Jason Mumpower and others want the balls back because they don’t trust computers to pick our lottery numbers, but they’re still willing to trust them to accurately count our votes.

Also, if you’re having trouble convincing your friends and family that election integrity is a worthwhile issue, please bring them out to the screening of UNCOUNTED: The New Math of American Elections tonight at the Belcourt Theatre. There are two showings – 6:30 and 9 PM – so everyone who wants to see it should be able to get in.

As Bob Edgar, president of Common Cause, says:

“It is senseless that after two presidential elections marked by voting machine failures that some states still use voting systems that do not produce a paper record that can be re-counted if there is a problem. Congress and the states must fix this problem by November. We can’t afford another national election in which voters don’t have full confidence in our election results.”

Amen, brother.

In Tennessee, 93 out of 95 counties use electronic voting machines with no voter verifiable paper trail. That means there is no way to be completely sure of an accurate tally or recount in the event one is needed.

This Thursday, January 10, the legislature’s Voter Confidence Act Legislative Study Committee will meet to discuss the findings of the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) report, “Trust But Verify,” which recommends that to improve election integrity in Tennessee we move away from electronic voting machines and replace them with paper-based optical scan machines. Now is the time for them, and us, to act.

Please contact the members of the Study Committee and urge them to move fast so that we may have optical scan machines in place prior to the November 2008 election. Urge them to support SB 1363 (Senator Haynes), HB 1256 (Representative Moore), legislation that will mandate that all voting equipment in Tennessee use or produce a voter-verified paper ballot and that statewide random post-election manual audits be conducted to verify the vote count. Ask them to make sure this is done prior to the November election. You can find all the information you need to act immediately, including email addresses, phone numbers, and talking points at http://www.votesafetn.org.

A couple of things to remember because the Election Commission and perhaps even some legislators will tell you the opposite – there is time to implement these changes before November and we do have the money. 35 million federal dollars allocated through the Help America Vote Act are available and waiting for this very rainy day. It is estimated that cost of replacing the machines in all 93 counties is 12 million, with another 12 million to be spent to help those voting who special needs.

I mean, really, if Tennessee legislator Jason Mumpower wants the balls back because he doesn’t trust computers to pick our lottery numbers, how can he possibly trust them to accurately count our votes?

Also, One of Nashville’s own, filmmaker David Earnhardt, has produced a marvelous and timely documentary on the subject that tells the story of how the issue of election integrity and electronic voting traveled from the fringes to the mainstream due to the hard work of some local activists as well as the bravery of whistleblowers throughout the country. These are the stories of citizens who recognized the threat to our franchise and chose to do the right thing. David’s film, Uncounted: The New Math of American Elections, will be have two screenings at the Belcourt Theatre on the Monday, February 4, 6:30 and 9:30, the night before Super Duper Tuesday.