THE WEBLOG OF KEVIN C. MURPHY: CONJURING POLITICAL, CINEMATIC, AND CULTURAL ARCANA SINCE 1999

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NYC: The Fix was In?

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"At the sprawling Riverside Park Community apartments at Broadway and 135th Street, Alician D. Barksdale said she had voted for Mr. Obama and her daughter had, too, by absentee ballot. 'Everyone around here voted for him,' she said." City election officials find "major discrepancies" between the reported and actual vote totals here in NYC. In 80 of the city's 6106 election districts -- including the nearby 94th election district right here in Harlem (I'm in the adjacent 93rd) -- Obama was reported to have the grand total of 0 votes. (Clinton now leads the 94th 261-136, which frankly still sounds off for this neighborhood.) "In an even more heavily black district in Brooklyn — where the vote on primary night was recorded as 118 to 0 for Mrs. Clinton — she now barely leads, 118 to 116."

Local party officials here in Sen. Clinton's home state are calling the mistakes a result of human error. "'I’m sure it’s a clerical error of some sort,' Mr. Wright said. 'Being around elections for the last 25 years, no candidate receives zero votes.'" (Hmm. Funny how these poll officials, instead of transposing a few numbers or somesuch, just accidentally wrote down a big fat zero.) In any case, the official count is what really matters in the end anyway, and -- if this trend keeps up -- there's a possibility Sen. Obama might pick up a few more delegates here in the city.

More to the point, in an age where we can squeeze in 5-10 ATMs a city block, and all of them seem to know exactly how much (or how little) money I have, why are we still relying on a half-century-old voting system that allows for these sorts of "human error"? It's the 21st century, people. Update: Although most reports seem to indicate the problem was legitimately human error, Hizzoner claims fraud.

Cartoon Corruption.

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"Renzi -- now, was that the guy with the skeezy land deal? Or the woman Paul Wolfowitz promoted?" To help keep track of them all, Slate offers a handy illustrated guide to GOP scandals.

Count the Votes.

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Another boon from a Democratic Congress: The House moves closer to mandating paper trails for electronic voting machines. "'We are closer to paper-trail legislation than we have been before,' said Doug Chapin, director of Electionline.org, an elections clearinghouse."

Diebold Dissed.

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A new report by NIST comes out against electronic voting machines, mainly for their lack of an independently verifiable paper trail. Instead, the report recommends an optical-scan system "in which voters mark paper ballots that are read by a computer and electronic systems that print a paper summary of each ballot, which voters review and elections officials save for recounts."

Say it ain't so, Roc.

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"An Ehrlich aide who agreed to discuss the strategy on the condition of anonymity said the purpose of the fliers was to peel away one or two percentage points in jurisdictions where the governor would be running behind. No one inside the campaign expected a strong reaction. But that's what they got." The WP delves into the sordid tale behind the dirty trick ballots passed around in Maryland last week. (Very Royce-Carcetti, no?) Particularly disappointing (and bizarre), it seems that actor Charles S. Dutton may have been involved in hatching the scheme, although he denies it.

Take Back the House!

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Shady, harrassing "robocalls", voter intimidation in Virginia, sketchy-acting electronic voting machines: yes, folks, it's Election Day in America, and the frantic GOP are up to their usual bag of tricks. In the inimitable words of Baltimore Deputy Commissioner for Ops Bill Rawls: "American Democracy. Let's show those Third World %@#$ how it's done."

Regardless, each side has had their November Surprise (for the Left, Haggard's hypocrisy; for the Right, Hussein's hanging), and now -- at long last -- it's showtime: Time to show "the decider" what we really think of him.

For what it's worth, I can now personally guarantee at least one vote for the not-particularly-embattled Spitzer/Clinton/Rangel/Cuomo ticket. I even used an old-school levered voting machine, so mine should more likely than not get counted.

Predictions? Of course, I'd like to venture a 1994-like tidal wave, but I've been burned by too many election nights in the past. So I'll play it relatively safe...the Dems win the House, picking up 18-22 seats, and gain four seats in the Senate: Missouri, Montana, Ohio, and Pennsylvania. (So long, Santorum!) It looked like control of the Senate might've hinged on the Allen-Webb race in Virginia, but now that Harold Ford seems to have faded in Tennessee (one has to wonder how much Corker's gutterball ad helped him), a Dem Senate looks really unlikely. Still, I'd love to be surprised in both states.

Obviously not winning the House at this point would be a grievous blow for the party. But, whatever happens tonight, it has to be better than the last midterms.

The last two times I posted exit polls here (in 2000 and 2004), I've been led astray, but if I see anything good from the Senate races, I'll post it below. In the meantime, the NYT has a quality election guide here, and there are a couple of good explanations of what to look for tonight here and here. On this end, I and several of my friends who've been burned over the last few election nights together will be huddled around the TV, yearning to breathe free. Hopefully, at long last, it'll be our night.

Cylons for Dubya.

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Even in early voting, it seems, the shadiness is rampant: Looka collects a few dismaying articles about the voting machines tending to prefer Republicans this year, regardless of what voters may want. (Sound familiar?) How hard can it be, people? In twelve-odd-years of using them, I've never had an ATM screw up or misreport a transaction. If we can do it for twenty dollar bills, we can do it for the franchise.

It's true in the West, it's true in the Southwest, it's even true among the reddest of the red. And, in perhaps the final straw for the GOP this November, a new poll puts independents breaking for the Dems 59%-31%. Yes, y'all, it looks like a wave is coming...(provided, of course, Diebold doesn't ride to Dubya's rescue.)

Nguyen or Go Home.

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Another GOP scandal? Oh, why not. This time, the culprit is California Republican longshot Tam Nguyen, who apparently was the mastermind behind 14,000 letters sent to scare immigrants from the polls. "Written in Spanish, the letters advise recently registered voters that it is a crime for those in the country illegally to vote in a federal election, which is true. They also say, falsely, that immigrants may not vote and could be jailed or deported for doing so, that the federal government has a new computer system to verify voter names, and that anti-immigration organizations can access the records." Nguyen has said he'll stay in the race against Democratic congresswoman Loretta Sanchez, even though his own party is disavowing him.

They Shall Overcome.

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"'I gave blood,' Mr. Lewis said, his voice rising, as he stood alongside photographs of the clash. 'Some of my colleagues gave their very lives.'" Publicly embarrassed by their recent lapse into old-school "massive resistance," (and no doubt chagrined by their dismal poll numbers), the House GOP get their act together enough to pass the Voting Rights Act extension 390-33, after giving fringe right-wingers the chance to vote up or down on a few poison-pill amendments. (All failed, thanks to the Dems.) Still, several southern conservatives are not appeased: "One of the 33 holdouts was Rep. Patrick T. McHenry (R-N.C.). 'Some politicians in Washington wouldn't dare vote against this bill because they'd be lambasted by the media and liberal interest groups.'"

...Lose Some.

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"Every redistricting is a partisan political exercise, but this is going to put it at a level we have never seen...That's the gift that the Supreme Court and Tom DeLay have given us." In other news, the Court votes 5-4 that DeLay's Texas redistricting plan needs to be tweaked -- namely, that one district needs to be redrawn to accommodate the Voting Rights Act -- but is otherwise legal and constitutional. "[W]ith six justices producing 123 pages of opinions, without any five of them able to agree on how to define an unconstitutional gerrymander, politicians of both parties said that the ruling leaves the door wide open to attempts to copy the DeLay strategy in other states."

Hard Time for Tobin.

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As a follow-up to a story last month, three GOP political operatives are found guilty of violating communications law for clogging NH phone banks in 2002. (Among them is James Tobin, the guy who called the White House 22 times during the misdeed, and who will now serve 10 months for his role in the scheme.) "[T]he case has drawn complaints even from Republicans. By covering Tobin's legal fees, 'the GOP appears to sanction and institutionalize corruption within the party,' Craig Shirley, of Shirley & Banister Public Affairs, recently wrote in a commentary."

Prank Call! Prank Call!

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"You have somebody who's committing a felony, and he's calling [the White House] during the planning, the execution and when it's falling apart." The Dubya administration gets in even more legal trouble after it's discovered that, while an illegal plan to block Democratic phone banks in New Hampshire during the 2002 gubernatorial race was being carried out, its instigator, Dubya campaign op James Tobin, called the White House political affairs office 22 times in 2 days. (Looka has more.) Of course, clogging phone banks isn't the first political dirty trick New Hampshire has ever seen -- let us take a moment to reflect on the Gore campaign's disgusting anti-Bradley traffic jam in 2000 -- but that doesn't make Tobin's -- and possibly the White House's -- actions any less reprehensible...or criminal.

With three opponents all bucking to take him into a runoff situation, Boss DeLay faces a tougher GOP primary than usual in his home district this Tuesday. (In a January poll, 68% of primary voters remained undecided.) And, even if he emerges from the primary dust-up relatively unscathed, DeLay will then face a credible and well-financed Democratic opponent in former Rep. Nick Lampson, who, in the same poll, led the Hammer by eight points. "It will not help DeLay that his district is more Democratic, ironically by his own making...Always a strong candidate in his own races, DeLay surrendered GOP voters in the realignment to bolster some other Republican districts. Now, after contending with indictment and departure from the House leadership, he could be facing the loss of the very seat he used to rise to power." Update: Or not. Boss DeLay coasts to victory over his three primary challengers with 62% of the vote.

The Bush administration loves it, but many Justice Dept. officials think it's illegal...Now, it's the Supreme Court's turn to weigh in on Boss DeLay's gerrymandering plan in Texas. "Two years ago, justices split 5-4, in a narrow opening for challenges claiming party politics overly influenced election maps. Justice Anthony M. Kennedy was the key swing voter in that case, and on Wednesday expressed concerns about at least part of the Texas map." (Rehnquist and O'Connor sided against the map challenge then, so a switch by Roberts or Alito will only mean a larger majority against the DeLay redistricting, should the same votes hold.) Update: Justice Ginsburg finds the subject exhausting, and Dahlia Lithwick reports in.

Diebold Another Day.

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"Let's make this clear, folks. The docs Heller is accused of exposing were important evidence. First, they show that Diebold and their attorneys, Jones Day, conspired to mislead the California secretary of state, and that the lie they told was material, and resulted directly in the disenfranchisement of voters. Second, another document demonstrates that Diebold lied to the secretary of state when it represented that certain problems with its software were "fixed." This document, the release notes for the new software, showed that the problems were not fixed. Third, the documents showed that Diebold had been advised by Jones Day that what it had been doing with its uncertified software was illegal. Fourth, the documents show that Jones Day advised Diebold that it was subject to criminal prosecution. So in a nutshell, Diebold was defrauding the state government and taxpayers of California, and disenfranchising the voters of California. And the documents PROVE it."

In keeping with recent GOP tales of hounding whistleblowers and using the long arm of government to attack critics, Stephen Heller -- the man who exposed some severe shadiness on the part of voting machine maker Diebold and their corporate lawyers, Jones Day -- is now facing now three felony counts for raising the alarm. "Heller's lawyer believes the 2 year wait to file charges was due to the then-impending 2004 election, and that Diebold and their attorneys didn't want the information to be made public in the lead up to the election." Flashback: Diebold's right-wing CEO guaranteed Dubya would win Ohio in the last campaign, and he may well have delivered. (Via Medley.)

Despite well-publicized concerns in their own Justice Department (which were overruled by senior officials), the White House rides to the rescue of Boss DeLay's troubling redistricting plan by filing an amicus brief before the Supreme Court. "DeLay's efforts on behalf of the plan resulted in his being admonished by the House Ethics Committee and indicted on charges of illegally diverting money to the campaigns of state legislators who drew the new map."

"The voting section is always subject to political pressure and tension. But I never thought it would come to this...I was there in the Reagan years, and this is worse." With the help of former career officials who've resigned in disgust, the Post delves deeper into the partisan corruption of the Justice Department's Civil Rights Division on Dubya's watch. "The Bush administration has...initiated relatively few cases under Section 2, the main anti-discrimination provision of the Voting Rights Act, filing seven lawsuits over the past five years -- including the department's first reverse-discrimination complaint on behalf of white voters...By comparison, department records show, 14 Section 2 lawsuits were filed during the last two years of Bill Clinton's presidency alone."

And, in related news, Salon's Will Evans uncovers a crooked Dubya-appointed federal judge, James Payne of the 10th Court of Appeals. Apparently Judge Payne "issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock," which, obviously, is illegal. "'There's no wriggle room here,' says professor Stephen Gillers, a scholar of legal ethics at the New York University School of Law. 'It's not just an ethics rule, it's a congressional statute -- a law.'" Little wonder the administration is running scared from pics of Casino Jack -- they've already got the stink of Abramoff-style cronyism and corruption all over them.

(Chief) Justice De-Layed?

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Ten days after the Post unearthed a Justice Department memo deeming the recent Texas redistricting a violation of civil liberties, the Supreme Court says it will review the DeLay plan. "The panel stressed that it was deciding 'only the legality' of the redistricting plan, 'not its wisdom.'"

Justice DeLay-ed.

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Another smoking gun...The Post obtains a memo showing that Justice Department lawyers generally agreed that the infamous DeLay redistricting in Texas violated the Voting Rights Act. "The memo, unanimously endorsed by six lawyers and two analysts in the department's voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections." Nevertheless, higher-ups at John Ashcroft's Justice Dept. overruled the memo for partisan reasons, to great effect: "The redistricting was approved in 2003, and Texas Republicans gained five seats in the U.S. House in the 2004 elections, solidifying GOP control of Congress." As the illegalities pile up, one has to wonder: Is there any facet of the Republican operation that isn't rotten to the core?

Rock the Vote.

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The Commission on Federal Election Reform, headed by former President Jimmy Carter and longtime Bush consigliere James Baker, delivers a set of proposals for fixing our tottering election system. Among the recommendations included are the adoption of a standard photo ID [which former Sen. Tom Daschle (D-SD) has likened to a "modern-day poll tax,"] full electronic voting paper trails, free TV time for political candidates, the implementation of a regional primary system, and the non-partisan administration of future elections. Well, I'd like to see more strictly campaign-finance-related initiatives here, but, if nothing else, these sound like a good starting point for debate. After all, it should be clear to all by now that the current system has major issues, to say the least. (Just ask Ohio.)

Diebold Redux.

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"We...know that Bush 'won' Ohio by 51-48%, but statewide results were not matched by the court-supervised hand count of the 147,400 absentee and provisional ballots in which Kerry received 54.46% of the vote. In Cuyahoga County, Ohio the number of recorded votes was more than 93,000 greater than the number of registered voters. More importantly national exit polls showed Kerry winning in 2004. However, It was only in precincts where there were no paper trails on the voting machines that the exit polls ended up being different from the final count." None dare call it stolen? A new report by Pomona professor Dennis Loo offers considerable evidence that election 2004 witnessed more GOP monkey business than has been previously reported in the mainstream press.

The Halftime Score.

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Monica who? On the eve of Dubya II, Salon's Peter Dizikes offers a short but comprehensive list of this administration's scandals thus far. Thirty-four and counting...not that you'd know it from watching the evening news.

The Elephant in the Room.

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In a positive sign for more Congressional feistiness this next term, Dems force a two-hour debate over voting irregularities in Ohio. (Unlike in 2001 -- as featured in the opening of Fahrenheit 9/11 -- the House Dems found a Senate backer this time in Barbara Boxer. For his part, Kerry took a pass.) The GOP may chalk it up to simple sour grapes, but Congress desperately needs to talk about these issues: The American voting infrastructure was an international embarrassment in 2000 -- that we had four years to solve the problem and didn't speaks even worse of our self-appointed role as exemplars of democracy. If we can handle millions of ATM transactions every day, complete with paper trail, then surely we can do the same for millions of votes one Tuesday in November.

Hide them votes.

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The intro sums it up: "With 573 newly discovered ballots roiling the second recount in the race for governor of Washington, the Republican Party went to court Thursday seeking a restraining order that would halt the counting of those votes." Ah, the shadiness knows no bounds.

The Diebold Difference?

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From Boing Boing and the AP: "A computer error with a voting machine cartridge gave President Bush 3,893 extra votes in a Gahanna [Ohio] precinct. Franklin County's unofficial results gave Bush 4,258 votes to Democratic challenger John Kerry's 260 votes in Precinct 1B. Records show only 638 voters cast ballots in that precinct." Hmmm...I for one don't think it's feasible that the entirety of Dubya's winning popular vote margin is manufactured. (Right now, I'm more inclined to side with Jane Smiley and the Brits.) But factor in Greg Palast's discussion of Ohio chads to the equation and, I'll admit, one starts to wonder.

Chimp Nation.

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Hope is on the...wait, what's this? Oops, sorry about that. Turns out Hope took a wrong turn and got lost somewhere back there in Idiotville. Welcome to Despairtown, baby.

So, that's that, then...the Idiot Wind blows anew. The American electorate has spoken and -- despite all the shadiness and incompetence of the past four years -- has given Dubya and his cronies the imprimatur to go hog-wild. 51-48%...this is pretty much a mandate, folks. (Big of those Red Staters to ensure that we will be woefully unprepared for the next terrorist attack on a Blue State.) Y'know, H.L. Mencken's whole Tyranny of the Booboisie schtick has always grated on my lefty sensibilities, but at this point I have to admit he may have been on to something.

Ugh. I'm too young to remember 1984 very well, but I'm curious as to how last night and this morning compared for America's Left. (I've since been reminded by several people I trust that 1968 and 1972 were much more grievous blows.) Thing is, 2004 started out with such promise over here. But, right around the time I ended up on crutches in May, events personal and political took a nasty turn, and the past few months have been some of the most dismal I can remember. Now, it seems, I may just look back on this time as relatively calm and worry-free.

But, ok, enough wallowing...let's start taking it frame-by-frame. Given the war, the economy, and Dubya's obvious incompetence, how on Earth did we lose this election? Well, give credit where credit is due...all this exit-talk of "moral values" proves that Karl Rove pulled off his gambit: He got the extra 4 million evangelical votes he was targeting, partly, it seems, by judiciously invoking rampant anti-gay hysteria. Yet, for some reason or another -- a lousy ground game, perhaps? -- the Dems inexplicably didn't counter with extra votes of our own.

Where do we go from here? The Dems are facing an ugly Rule of Four...We lost four seats in the Senate, at least four seats in the House, and likely four seats in the Supreme Court. Whatsmore, we now appear officially dead in the water in the South and Midwest. And, with Kerry and Daschle gone, our standard-bearers now appear to be Hillary Clinton (about whom the country has already made up its mind), John Edwards (whom I still admire, but he couldn't carry his home state), and Barrack Obama (who's probably too inexperienced to make much headway in 2008.)

Obviously, it's now well past time for the serious party overhaul we should've began last cycle, when Al Gore had an election stolen from him that he should have won hands down. Daschle & Gephardt are already in the dustbin of history, and Terry McAuliffe should probably follow them there. I for one don't think Howard Dean was or is the answer, but he's one of the only people injecting new blood and enthusiasm into the party right now, so he should have a seat at the table. Right now, I think Edwardsian populism is our strongest ideological card, but as I said, it didn't seem to make much headway last night.

Silver lining? Yeah, right. Well, as this Washington Monthly forum noted in September, second terms are notoriously scandal-prone (Watergate, Iran-Contra, Monica), partly out of press boredom, and Dubya's ilk seem particularly scandal-worthy...perhaps we'll finally hear a little more about Halliburton. I'm sure there'll be no shortage of horrifying policy decisions emanating from this administration that'll keep lefty blogs like this one in business. And, on a purely selfish note, my likely dissertation topic on the fortunes of progressivism in the twenties is now seeming much more sexy in the wake of last night's 1928-like cultural divide. Of course, none of these are really any consolation at all.

At any rate, I generally believe that America tends to get the president it deserves. So, God help us, we've brought this upon ourselves. And now, for we 48%, the hard work begins...we have to lick our wounds, get our act together, and figure out how we can best combat the rightward drift that's afflicting our nation. Alas, I fear Dubya will do much of the heavy lifting for us, by running the nation further into the ground over the next four years. Still, we gotta keep on keeping on, y'all. I do not believe this darkness will endure.

Florida Redux.

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"The disturbing fact is that a repetition of the problems of 2000 now seems likely, even as many other nations are conducting elections that are internationally certified to be transparent, honest and fair." Former President Jimmy Carter calls out Florida officials for negligence in implementing voter reform and for transparent bias. "A fumbling attempt has been made recently to disqualify 22,000 African Americans (likely Democrats), but only 61 Hispanics (likely Republicans), as alleged felons."

Expats Against Bush.

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"'This is a completely partisan thing,' one Defense Department voting official told Salon. The official, who asked to remain anonymous for fear of being fired, is one of the many people in the department assigned to help both uniformed military personnel as well as American civilians register to vote.'" For reasons that seem politically-motivated - and at the very least require much more explanation from the higher-ups who made the call, the DoD has blocked non-military access to the Federal Voting Assistant Program. (Those overseas voters needing access to the forms can get them here.) Particularly once you factor in the Omega fiasco as well, Rummy's sure getting his ducks in a row over at the Defense of Dubya Dept, isn't he? (Also seen at Expats Against Bush.)

To Steal Votes for Dubya, press 1.

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"The system's key vulnerability is that county election workers or others with access to the machines could type in a two-digit code and create a second set of results that would then be forwarded to the state as the county's official tally, said Bev Harris, one of the activists who filed the case." The State of California joins a lawsuit against Diebold Election Systems, the voting machine maker whose chief executive declared in 2003 that he is "committed to helping Ohio deliver its electoral votes to the president next year." Now, doesn't that seem like a strange Easter Egg to include in your voting machine? Between this and the Omega-DoD fiasco, the GOP endgame is starting to sound shady.

Take a Bullet, Get no Ballot.

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By way of Looka and the NY Times editorial page, the Defense Department is trying to deny soldiers the secret ballot, and guess who they're giving the votes to? "Omega Technologies is not an acceptable choice to run the program. Its chief executive, Patricia Williams, has donated $6,600 in this election cycle to the National Republican Congressional Committee, and serves on the committee's Business Advisory Council. And while everything about the conduct of elections should be open to public scrutiny, Omega is far too secretive."

About this Archive

This page is a archive of recent entries in the Voting Irregularities category.

Tom DeLay Must Go is the previous category.

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