Good thing we don't want to count the votes...

...oh wait, we do. In classic fashion, the Republicans are trying to stop votes from being counted. How close is the race now? Starting from 1,600 on election night, we're looking at 58 ballots.

"Appellate Division Justice Robert A. Spolzino issued a temporary restraining order against opening 170 ballots that had been sought by attorneys for state Sen. Nicholas Spano. Those same ballots last week had been ordered opened by state Supreme Court Justice Ira B. Warshawsky, who had presided over weeks of hearings on more than 1,100 ballots. "

Yeah, that's good, but it's not quite juicy enough... I know! After asking a Democratic Judge to recuse himself due to a conflict, which the judge agreed to do, why don't we look into Mr. Spolzino's background and make sure that there's no conflict of interest there.

Spolzino made his ruling early yesterday afternoon, after turning down a request from Democrats that he recuse himself.

They cited Spolzino's past work for Spano and the county Republican Party before becoming a judge in 2001. Spolzino was assistant counsel to Spano in 1997 and later served as chair of the Westchester County Republican Law Committee.

That's right, Spolzino actually worked for Spano in 1997 but refuses to recuse himself. I wonder if they went duck hunting too? Republican attorney Anthony Mangone doesn't believe that election law can be appealed. I can't imagine why but maybe it has something to do with all the attempts that he's been making to not count votes. Finally, it is now set that the next session will start in Albany on Monday without either of the two candidates, Sources: Judge holds off vote count December 28 - The Journal News Cliffhanger in Westchester Looms Over Senate Session December 30 - The New York Times Legal Battle Over Senate Seat to Spill Over Into Next Session December 30 - The New York Times

Other News

Thank goodnesss someone said it:

Q: So in other words, there is absolutely no assurance whatsoever on anything with regards to these machines. A: Absolutely none, unless you look at the source code and make sure it's safe before it goes in.

That someone is named Clinton Curtis and hesaid it under oath. Transcript December 13 - Daily KOS More Questions for Florida December 14 - WIRED News Call the layers of E and BAY... Judge not for sale, despite eBay listing December 13 - ABC News The Public Schools really are going downhill. Jenna Bush to teach at public school December 15 - CNN We're expecting a big ruling on the Anderea Stewart-Cousins case today or tomorrow. I'll keep you posted.

and more...

Far too often is seems to me like this is a politics only blog so I'll pull this little factiod out. Develloping Web Apps for IE Only is the #11 mistake to avoid. This makes me happy. Source: The top 20 IT mistakes to avoid November 19 - infoWorld

What you can't see

You're not allowed to see certain things. Certain things must be kept out of the public eye. Be it fear of the administration or fear of angry right-wing protesters, there are some things that you can't see. This would be ok if you were to say, "I don't really want to see that," but that's not the case. You can't see some things because other people don't want you to see them. Here's what Frank Rich from the New York times has to say about and ad for the new movie "Kinsey" being pulled off of WNET NY.

"Just three weeks after the election, Channel 13 killed a spot for the acclaimed movie "Kinsey," in which Liam Neeson stars as the pioneering Indiana University sex researcher who first let Americans know that nonmarital sex is a national pastime, that women have orgasms too and that masturbation and homosexuality do not lead to insanity.... The "Kinsey" distributor, Fox Searchlight, let the press see an e-mail from a National Public Broadcasting media manager stating that the real problem was "the content of this movie" and "controversial press re: groups speaking out against the movie/subject matter" that might bring "viewer complaints."

The fact that this along with, Howward Stern, Saving Private Ryan, and an ad for the United Church of Christ (diclosure: I am a member of the UCC) must be bannished from the public eye is bad enough but what follows is worse. When the truth and the facts can be overwritten by faith and urban legends, we're really in trouble. After all of the work that Kinsey did, today's education about sex, arguably tracable to Kinsey's work, is in bad shape.

"Eleven of the 13 curricula — used by more than two-thirds of public schools, health departments, hospitals and religious groups in the U.S. receiving federal grants for the abstinence-only materials — contain “false, misleading or distorted information about reproductive health,” the report states." .... "According to the Why kNOw Abstinence Education program, condoms fail to prevent HIV in heterosexual sex 31 percent of the time. That statement directly contradicts CDC data." “They’re distorting the facts, and a lot of it is just to scare,” Waxman said. “This is totally inappropriate, especially when in some cases we’re dealing with life and death.”

Every station ought to devote some time to discussing his work, especially now that the Peterson trial is over-ish. Dismissing Kinsey's work is like dismissing Freud. Not all of their research was accurate but they were both the first truely prominant figures in their respective fields and neither one can be dismissed. Trust Republicans to not let that get in the way. Dean was right when he said that the Republicans want a government, "small enough to fit into your bedroom. " Sources: The Plot Against Sex in America December 12 - NY Times Abstinence-only curricula faulted for false dataDecember 10 - Washington Blade

"You need the CSI people in here to figure this out,"

That's a quote from Justice Ira B. Warshawsky, who threw out 30 of 48 absentee ballots that had been previously challenged.

Stewart-Cousins has gradually narrowed Spano's lead. The incumbent led by 100 votes yesterday, down from 112 Thursday and 188 several weeks ago. But the number of votes remaining to be counted — if they survive the largely Republican challenges — is dwindling. Only 747 ballots remain; 117,824 have been counted.

"I believe they stopped teaching handwriting in all our school systems 20 years ago," said Warshawsky, who grimaced, squinted and furrowed his forehead while attempting to compare sets of signatures.

..and that's where the Andrea Stewart-Cousins case/election stands. Source: Poor handwriting kills ballots December 12 - The Journal News

Howard Dean's weekend

From Dean's Artical, "Democratic Moral Values"

The pundits have said that this election was decided on the issue of moral values. I don't believe that. It is a moral value to provide health care. It is a moral value to educate our young people. The sense of community that comes from full participation in our Democracy is a moral value. It is a moral value to make sure that we do not leave our own debts to be paid by the next generation. Honesty is a moral value.

If this election had been decided on moral values, Democrats would have won.

This is why if Dean isn't in at the helm of the DNC, he at least ought to have their ear. Who else in our party is willing to take on Bush on supposedly his strongest issue? The Republicans went after Kerry on his service record because that's where he was supposed to be strongest. Try to tell me that it didn't work. If you never learn from your mistakes, you're bound to make them again. Related Articles: Democratic Moral ValuesDFA - 810 AM Dean's Speech at GWU from C-SPAN Dean's on Meet the Press from MSNBC

Bernard Kerik

Yes... I still have fun in photoshop.

The future of the Dems and the Deans

Howard Dean made a speech on Wednesday. It was a simple speech, nothing really revolutionary, but I realised that it's been way too long since I've heard him speak. This leaves us with an interesteing problem. I know that Howard Dean is vastly unpopular in the red states and that he is generally thought of as a loose cannon, with good reason, but that doesn't mean that he wasn't one of the 5 most influential factors in the last election. Here in Rochester, we have a good group of hardcore campaigners here that backed selected Democrats, some of them former Deaniacs. Unfortunately, it seemed that we were essentially these candidates' entire campaigns. It did not feel that we had the backinng of the local Democratic infrastructure - especially a few high profile figures - and that is extremely disheartening. I don't know wether they thought that the grassroots infrastructure that we had build was beneath them or if they overestimated our abilities but it's not like we didn't solicit their help. Now back to Dean himself. Dean is the embodiment of the movement he created. I, and many others, beleive that Dean would have been a better chance against Bush than Kerry did. More importantly, If we had provided a clear vision and campaigned in every state at more levels of the government we would have done better. Regardless of whether he would make a good Commander and Cheif he is still a great leader. Howard Dean MUST be a force in the new Democratic Party. If the Dems don't embrace this grassroots that we are building and stand up for themselves, I will still follow Dean. I'm not saying that Dean has to be either the DNC Chairman or that he needs to be our next candidate, what I am saying is that he needs to have the ear of one of the Chairman. If the Grassroots aren't listened to, we will go elsewhere. Not to give publicity to the NY Post, but It hink they said it best.

"Our biggest problem is if Dean wins. Our second biggest problem is if he loses — because then the Deaniacs will go nuts," says a veteran Democratic activist, speaking of the contest for the next leader of the Democratic National Committee.

Here's what it boilsdown to: Dean doesn't have to win, but whoever does needs to recosile with the grassroots. Sources: DNC 'BOSS' DEAN GIVES DEMS SCREAMING MEEMIESDecember 9 - NY Post

Just a minute

I only have minute but there's two things that I absolutely MUST mention. Paul Krugman is a back (if breifly) and this is one you've got to read! Also, an update on the Andrea Stewart-Cousin case:

Sen. Spano is locked in a too-close-to-call race with county Legislator Andrea Stewart-Cousins for the 35th District seat. Spano yesterday picked up a dozen votes, stretching his lead to 114, after the two sides agreed to open 160 previously challenged ballots. On Thursday, a judge is set begin reviewing the validity of 760 ballots that also had been challenged, a review that could determine the winner.

Source: Spano cousin in election feud December 7 - The Journal News