As we spend the day recounting yesterday, there were no incidents of voter fraud in the states where the GOP made a fuss over ACORN and other voter registration groups.

In fact, voting went remarkably smoothly, despite the surge in turnout -- a result, many voter experts say, of the use of early voting in key states.

Which raises key questions -- why isn't there early voting in all states? And after all of the debate over voter registration fraud, why not just institute universal voter registration?

"The single most important thing that Congress can do right now is create universal voter registration, which would mean that all eligible voters are automatically registered," said Rosemary E. Rodriguez, the chairwoman of the federal Election Assistance Commission, in an article on the subject in the New York Times this morning.
The majority of states -- 32 -- have early-voting, with Congress discussing its expansion, the Times reports.

In fact, legislation for universal registration is already in the works in Sen. Hillary Clinton's office -- which would minimize long lines and the problems created by third-party groups like ACORN, which might sate the appetite of the GOP who has long accused ACORN of propagating voter registration fraud.

But, as the Times points out, even though making voting easier might sound like a non-partisan issue accepted by both sides of the aisle, it is anything but:

Lorraine C. Minnite, a political science professor and voting rights expert at Barnard College, said Republicans had generally resisted such efforts in part out of concern about ineligible voters like noncitizens being permitted to vote.

"But the bigger reason that Republicans have resisted expanding the franchise," Dr. Minnite said, "is that the new people who are likely to come into the electorate are more often of lower income and are people of color, who tend to vote Democratic."

Tom Jensen, a Democratic pollster based in Raleigh, N.C., said early voting gave Mr. Obama the edge for his narrow victory in North Carolina by offering his campaign more time to organize rides and get people to the polls. Mr. Jensen noted that Mr. Obama won early balloting by 178,000 votes but lost among Election Day voters by 165,000 votes.

"Obama had a great ground game," he said, "but if you only have 13 hours to get everyone out, it's much harder."

BMW Direct, the notorious direct mail firm famous for striking fundraising deals with loser candidates -- predictably lost two of its high profile races this Tuesday.

We mentioned late last week that a BMW client, Deborah Honeycutt -- a Republican challenging Democratic incumbent Rep. David Scott in Georgia -- looked to be making a small challenge to Scott and had raised almost $4.7 million through BMW Direct, though the vast majority had gone in fees back to the company.

Well Honeycutt lost her race -- by the same margin she'd lost in 2006 -- 38 percentage points. According to FEC records, Honeycutt has spent $4.3 million this election cycle, $47 for every vote she received.

As for BMW's other high-profile loser candidate, the Republican challenger to Jack Murtha in Pennsylvania's 12th District, he lost too. Touted by Michelle Malkin as a "jaw-dropping political miracle" Russell brought in almost $2.5 million through BMW Direct -- but spent more than half of that in payments back to the direct mail firm. While he pulled tighter to Murtha at the end of the race, it was more due to the Congressman's gaffes, than any awe inspired fundraising.

One last thing about Honeycutt -- it looks like she's going to have more to deal with than just a lost election. Scott has filed a federal complaint against Honeycutt for allegedly funding sleazy fliers that called Scott the "worst black congressperson."

Special thanks to TPM Reader BK for the tip.

Though his lawsuit threatened to hold up registrations and his poll watchers threatened to create long lines and frivolous challenges, not even GOP Attorney Gen. J.B. Van Hollen's best efforts to raise the specter of voter fraud could suppress Wisconsin's voter turnout.

Wisconsin's top election official, Kevin Kennedy, estimated between 2.9 million and 3 million voters cast ballots in the election the AP reports. That's just under the number of 2004 and nearly 70 percent of the voting-age population.

"As far as voting, everything seems to be going very smoothly in the state," Van Hollen told WTMJ radio.

"We've had very few problems around the state. It appears as though the reports are that most polling places are conducting themselves very well."

The Indianapolis Star has the play by play:

The removal of two Republican election workers from a Warren Township polling site - for using improper methods to challenge voters' rights to cast a ballot - has prompted local Republican Party leaders to issue a statement of regret. The two officials - an official challenger and a clerk - were removed by unanimous vote of the Marion County Election Board.

The officials were reportedly challenging voters with information obtained through party affiliation reports, which is not one of the accepted challenges such as a person's address, age or lack of ID.

"We were disappointed to hear of the incident regarding these two workers. The Marion County Republican Party was not aware of these alleged activities, nor did the Party instruct any worker to engage in such behavior," Marion County Republican Party Chairman Tom John said in a statement issued at 2 p.m.

Students at the University of Florida have received text messages falsely informing them that voting has been extended until tomorrow.

Steve Orlando, a spokesman for the university, told TPMmuckraker that the administration had heard from several students who reported having received the bogus texts. He said he then was contacted by the office of the county elections supervisor, who told him that they were aware of the messages, and asked the university to make clear to students that the messages were bogus. The administration quickly did so in an email.

Orlando said he couldn't imagine that too many students were fooled by the texts. Still, he added: "If even one student didn't know [that the message was false], that would be a terrible thing for them to miss the opportunity to vote for the first time"

Earlier today, we reported that a bogus email was sent from the account of the provost of George Mason University in Virginia, informing recipients that election day is tomorrow. Authorities are said to be investigating the source of the email.

With the polls closing in just hours, the Ohio Republican party -- already thwarted in their attempts at voter suppression by the DOJ and the Supreme Court -- have continued to file complaints against Democratic Secretary of State Jennifer Brunner, the Wall Street Journal blog Washington Wire reports:

Republicans also raised new concerns about the counting of provisional ballots and other voting procedures. The party wants an injunction that would require Brunner to rescind some of her voting directives.

Brunner filed a motion asking to have the case consolidated with another federal suit pending in Cleveland. In the Cleveland case, the secretary of state recently reached an agreement with the Northeast Ohio Coalition for the Homeless that county boards of election will have consistent standards for counting provisional ballots. Such ballots require additional checks and aren't counted until well after Election Day.

The WSJ quotes Edward B. Foley, director of the election-law program at the Ohio State University, who calls the Republicans' suit a "placeholder" in case the voting results in Ohio are close -- an idea echoed by a voting expert

Rick Hasen, a professor at Loyola Law School in Los Angeles and an election expert, echoed this to TPMmuckraker saying it was "a way to have a foot in court" in the event that the vote is tight in Ohio and litigaiton is needed.

A judge declined today to grant a temporary restraining order against Pat Rogers, the New Mexico GOP lawyer who is being sued by MALDEF for alleged voter intimidation.

Nina Perales, a lawyer for MALDEF, told TPMmuckraker that despite the judge's decision, her organization believed it had achieved its goals, because Al Romero -- the private investigator hired by Rogers -- testified under oath that he would not go back to the home of one of the plaintiffs, Dora Escobedo, to question her about voting.

Romero's visits to Escobedo and another Hispanic woman in Albuquerque -- during which he questioned them about their right to vote -- triggered the lawsuit.

The visits were reported last month by TPMmuckraker and others.

Perales said MALDEF's lawsuit against Rogers and Romero continues, and will move to the discovery phase.

Virginia, perhaps this year's most crucial swing state, is also shaping up as the center for voting problems.

For weeks, voting-rights groups have been warning that the state -- which does not allow early voting -- has not adequately prepared for the huge turnout it was likely to see on election day. Last week, the NAACP filed suit, trying to require the state to extend voting hours and provide more voting machines in heavily-populated African-American areas. But the board of elections insisted it was following the law, and the effort failed.

And so, predictably, we've already seen a slew of problems in the state today.

The Nation reports:

As of 10:30 am ET, more than two dozen polling places across the state were reported to be close to a standstill because of machine failures, lack of back-up paper ballots and other problems. Dozens of other locations were experiencing abnormal delays and long lines, raising serious questions about the ability of Virginia voters to exercise their democratic rights before the scheduled close of voting at 7 pm.

Many of these problems were concentrated in key Democratic areas of the state, including the DC suburbs and the African-American heavy Hampton Roads area.

The Nation's report adds more detail:

Some polling locations did not open on time. In others, electronic or optical-scan voting machines failed to function properly. Precincts either did not have back-up paper ballots available, or else chose to regard them as provisional ballots--something they should not do, according to election lawyers. In Richmond, where it was raining, some voters accidentally got their ballots wet, causing the optical-scan readers processing the votes to jam.

Virginia's governor, Tim Kaine, is a Democrat, and the head of the Board of Elections, Nancy Rodrigues, is a Kaine appointee.

John Greenbaum of Election Protection told the magazine: "The problems are so widespread, it's going to take action on part of state election officials to deal with problems they are facing today. If they don't, we might potentially have to seek other recourse."

Check out FoxNews.com's frantic effort to lay the groundwork for the claim that Obama's expected win is illegitimate, the product of a chaotic and fraud-prone election system and voter intimidation carried out by violent African-Americans.

At one polling site in Vermont, voters could maybe even look over and see each other's ballots! The election is ruined!

Not to pooh-pooh the importance of a secret ballot, but this is really grasping at straws.

In a way, you can't blame Fox. In stoking fears of an illegitimate election, it's only following John McCain's lead.

Dan Daugherty, a reader in Pasadena, California, reports that he received a call on his answering machine teling him to vote November 5th.

Daugherty provided TPMmuckraker with an audio recording of the call, which you can listen to here:

Click To Play

Here's a transcript:

...is a message for (um) all people (um) in Pasadena. The (um) place for (uh) people in Pasadena is for you to vote at Jackie Robinson on Wednesday the 5th, November 5th. The (uh) ballot can be delivered on November 5th at Jackie Robinson.

Election day, of course, is today, November 4th.

California is not a presidential swing state and has no competitive statewide races, though it does have a controversial initiative -- Proposition 8, which aims to outlaw gay marriage -- on the ballot.

Pasadena is a liberal-leaning city, adjacent to Los Angeles.

Four people in Wisconsin who were hired by a temp agency to pass out absentee ballots and encourage voting for John McCain have admitted they were instructed to tell people that they were GOP volunteers, the AP reports.

From the AP:

The employees told The Associated Press on Monday they were hired by Allstaff Labor Group to go door to door in the Milwaukee suburbs locating McCain supporters and distributing absentee ballot request forms. Allstaff recruited them under a contract with a consulting firm hired by the Republican Party of Wisconsin to run its absentee ballot program.

The workers claim they were told to say they were GOP volunteers even though they were getting paid $10 an hour. They were required to sign agreements stating they would not publicly discuss their work but said they decided to speak out because they were angry they had not been paid for the last few days. They claim they are owed between $200 and $300.

GOP spokeswoman Kirsten Kukowski confirmed there was a dispute over how many hours the employees worked and said the party's vendor was working to resolve it.

NOTE: This post has been significantly edited since posting.

A TPM reader in Northern Virginia reports getting three different calls directing her to the same incorrect polling location, with the callers claiming to be volunteers from the Obama campaign.

Rebecca Kingery of Arlington, Virginia, a heavily Democratic area, told TPMmuckraker that all three calls directed her to a housing complex in Arlington which is not close to where she votes.

Kingery, a graphic designer who was recently laid off, answered two of the calls. The caller ID for one said "Master Replica," and listed a 925 area code, which is in the Bay Area. For the other, the caller ID said "Olude Novosiore" and had a 408 area code, which is in central California and San Jose.

Kingery said she wasn't confused about her voting location. She added that when she responded to one of the callers that she was being given incorrect information, the caller insisted that the information was correct.

Calls by TPMuckraker to the numbers that Kingery provided were not immediately returned.

After speaking to TPMmuckraker, Kingery went to cast her ballot -- at the correct location.

Late Update: TPMmuckraker has heard back from people at both of the numbers that Kingery reported seeing on her caller I.D. Both people said they were volunteers for the Obama campaign -- one in Oakland, and another in Walnut Creek, Calif. -- and that they were calling as part of a phone-bank to give legitimate voting information. One woman, Dina Bohacek, said that she gave Kingery a phone number at which she could verify her polling location.

So this appears not to have been an effort to mislead voters about their polling place.

Hackers broke into the email account of the George Mason University provost in Virginia, early this morning and sent out the following email:

Subject: Election Day Update To the Mason Community:

Please note that election day has been moved to November 5th. We apologize for any inconvenience this may cause you.

Peter N. Stearns
Provost

According to Dan Walsh, a spokesman for the university, the hoax message went to the entire student body -- more than 30,000 students -- and about 5000 faculty and staff.

Stearns himself quickly sent out a followup message assuring recipients that it was a hoax, which was being investigated.

Walsh said the university had contacted campus police, who are working with outside law enforcement to look into the hoax.

The court hearing the lawsuit filed by MALDEF against New Mexico GOP lawyer Pat Rogers did not rule yesterday on the plaintiffs' request for a restraining order to be placed on Rogers, reports the Albuquerque Journal.

The plaintiffs, two Hispanic voters in Albuquerque, want Rogers and Al Romero, the private investigator and ex-FBI agent hired by Rogers, prohibited from intimidating the plaintiffs or challenging their ballots.

The judge, William P. Johnson, questioned lawyers for the plaintiffs skeptically, reports the paper, but said the hearing will continue this morning.

Rogers' attorneys argued that Rogers had hired Romero not because he wanted to intimidate voters, but because he wanted to investigate ACORN for a possible lawsuit. ACORN had registered the plaintiffs to vote. Romero's visits to one of the plaintiffs, Dora Escobedo, and to another voter, were reported last month by TPMmuckraker and the New Mexico Independent.

But Escobedo told the court that Romero came to her home and intimidated her about her right to vote, adding that he "not only threatened me, but he made fun of me."

Romero's lawyer said Romero didn't threaten Escobedo, and that he had good reason to visit her because her voter registration form contained discrepancies.

After the hearing, Rogers told reporters: "This (lawsuit) is clearly a strategy to distract Republican lawyers from the duty at hand, which is getting out the vote."

Specters of the 2000 election have risen in Florida, with Democrats and Republicans engaging in legal wrangling just days before Election Day.

Last week, the Florida Democratic Party joined a suit against Republicans, asking a judge to clearly define what constitutes a challenge to a voter, in anticipation of problems tomorrow.

The suit makes multiple allegations, including claims that the GOP tried to ''cage'' a Duval County voter, and that a Republican sheriff's candidate challenged approximately 300 voters. Democrats also accused Republicans of planning a ''lose your home, lose your vote'' challenge, similar to the threats allegedly made by a GOP county leader in Michigan. "Caging" refers to the practice of sending mail -- marked "Do Not Forward" -- to voters to see who has moved and prompt removal from the rolls.

But today, with just hours until polls open in the state, the two parties have reached an agreement -- putting the lawsuit on hold in exchange for a promise from state Republicans to not engage in "frivolous mass voter challenges."

From the Fort Mills Times:

That came after the GOP filed sworn statements Monday saying the state and national Republican parties "have not and will not" engage in frivolous mass voter challenges.

Circuit Judge Kevin Davey, though, will remain on standby Tuesday in case Democrats present evidence that Republicans have broken their promise.

It's still not clear what this means for Florida Democrats, since it seems to hinge on a court's definition of "frivolous."

Here's a possible last-minute effort by the McCain camp to throw a wrench into the vote counting in a key swing state.

The Associated Press reports:

John McCain's campaign sued Virginia's electoral board today, hours before the election, seeking to force the state to count late-arriving overseas military ballots.

The lawsuit asks a federal judge to order the State Board of Elections to count any overseas absentee ballots sent by November 4 and received by local election officials as late as November 14.

McCain claims the rights of military voters are protected by the federal Uniform and Overseas Citizens Absentee Voting Rights Act of 1986.

The campaign's complaint says that Virginia military voters posted overseas who support the Republican nominee will be denied their right to vote unless the court grants the order.

The report adds that no hearing was scheduled by this afternoon.

Under normal procedures, military ballots would likely only be counted if their number exceeded the total margin of victory of one candidate, meaning they could affect the result. So the suit may be designed to ensure that Virginia can't be officially called for Obama early in the evening, which could depress Republican turnout in other parts of the country.

Late Update: Rick Hasen, an election law expert at Loyola Law School in Los Angeles, tells TPMmuckraker that the suit is likely an effort to ensure that military ballots that arrived after election day -- which will likely favor McCain -- will be counted. That was an issue during the Florida recount of 2000, in which the courts ultimately ruled that such ballots could be counted. (Hasen cautioned that he hadn't yet had a chance to look closely at the suit.)

And on his blog, he asks a good question: "Why did this suit have to wait until the eve of the election?"

Looks like the clock has run out for Wisconsin's Attorney General J.B. Van Hollen, who won't file an appeal to his lawsuit tossed out by a judge late last month.

Van Hollen, a Republican and co-chair of the McCain campaign in Wisconsin, filed the lawsuit in an attempt to force the state's non-partisan General Accountability Board to re-confirm thousands of voter registrations.

From the AP:

The lawsuit demanded state election officials verify the identity of tens of thousands of voters registered since Jan. 1, 2006, and do it by Election Day Tuesday.

. . . Justice Department officials said that day they planned to appeal, but spokesman Bill Cosh said Monday the agency realizes there's no chance of relief before the election.

A hearing is scheduled for this afternoon in the suit filed last week by MALDEF against New Mexico GOP lawyer Pat Rogers. The suit, triggered by reporting from TPMmuckraker and others, alleges that Rogers hired a private investigator, Al Romero, to intimidate Hispanics in Albuquerque about their right to vote. Romero is also named as a defendant.

MALDEF, which is bringing the suit on behalf of two of the voters in question, wants an injunction blocking Rogers from conducting further alleged intimidation of the plaintiffs, and from challenging the plaintiffs' right to vote.

The hearing will occur at 3pm EST today, before U.S. District Court Judge Martha Vázquez in Albuquerque. We'll keep you posted on what happens.

The leaking of information about the immigration status of Barack Obama's aunt appears to directly violate regulations for confidentiality laid out in a US Citizenship and Immigration Services (USCIS) memo obtained by TPMmuckraker.

As we reported earlier, Immigration and Customs Enforcement (which is the law enforcement arm of USCIS) has begun an internal probe into the leak to the Associated Press, which revealed early this morning that Obama's aunt "is in the United States illegally after an immigration judge rejected her request for asylum four years ago."

The memo, written in 2005 by Joseph Langlois, director of the Asylum Division in the Office of Refugee, Asylum, and International Operations, reads in part:

The federal regulations at 8 CFR 208.6 generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations--including information contained in RAPS or APSS1--except under certain limited circumstances. These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant's family members who may still be residing in the country of origin.

...

According to established guidance, confidentiality is breached when information contained in or pertaining to an asylum application (including information contained in RAPS or APSS) is disclosed to a third party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third party to link the identity of the applicant to: (1) the fact that the applicant has applied for asylum; (2) specific facts or allegations pertaining to the individual asylum claim contained in an asylum application; or (3) facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum.

It's worth noting again that we don't know for certain the leak came from ICE, since people at other government agenicies could have had access to the information.

Still, from the available evidence, it appears ICE is the most likely source. And Dan Kowalski, a leading immigration law expert, told TPMmuckraker that there's "no question" the leak violated ICE's guidelines as laid out in the memo.

And he identified for TPMmuckraker some additional, pertinent questions, asking:

1. Did the leaker know it was a violation? 2. Was the leak politically motivated? 3. A solo action, or conspiracy of 2 or more? If the latter, who is the boss?

We'll be working to bring you answers...