I was proud to have the 2014 Green Party candidate for CA Sec. of State David Curtis (in photo on the left, not smiling), as my first guest this week on the KPFK/Pacifica Radio BradCast. While he and I disagree on a few important things (like Internet Voting, which he still hopes for, despite our Twitter conversation last month), there's one thing we certainly agree on: It was outrageous that he was excluded from today's SoS candidates debate held by the Sacramento Press Club. That, despite the fact that he recently polled higher than two of the candidates who were invited to participate.

[CORRECTION: On air I said that the CA statewide primary was June 2 this year. In fact, it's on Tuesday, June 3. The deadline for voter registration by mail for the primary is May 19th. You can register online here. Apologies for the error!]

As my second guest this week, I was also proud to welcome back investigative journalist Jason Leopold on the heels of his Guardian interview with Dr. James Elmer Mitchell (in photo on the right, smiling), one of the central architects of the Bush/Cheney-era CIA torture program. The interview was Mitchell's first since turning the skills he acquired as the chief psychologist at a U.S. Air Force survival school --- where U.S. troops were trained in how to avoid false confessions and propaganda under enemy torture --- into a program to use torture techniques to extract...the truth(?)...from Al Qaeda prisoners after 9/11. While we aired a few never-before-aired clips from Leopold's interview with Mitchell, there are more now available right here.

Finally, as always, Desi Doyen joined us, this week for our 500th episode of the Green News Report. Buckle up!

Download MP3 or listen online below...

The candidates polling first, second...fourth and fifth in the 2014 election for CA Secretary of State, according to a recent Field Poll, will appear at a debate being held by the non-profit Sacramento Press Club (SPC) this coming Wednesday.

The candidate polling in third place in that survey, however, Green Party candidate David Curtis, is not invited to participate and he's none too happy about it.

Two Democratic candidates, State Sen. Alex Padilla and former Common Cause official Derek Cressman, one Republican candidate, Pete Peterson, as well as former Republican operative Dan Schnur, now running as an independent, have been invited to attend, but Curtis was not, despite out-polling both Cressman and Schnur in the April survey.

Curtis, says he only just learned of the scheduled debate a week ago. "I only even knew about the event because one of the other candidates Tweeted about it," he explained to The BRAD BLOG via email.

His legal representative, Gautam Dutta of Business, Energy, and Election Law, PC, fired off a 2-page letter [PDF] over the weekend to the SPC President, Secretary and Treasurer demanding that Curtis be included in the debate, and charging that his exclusion "violates federal law governing tax-exempt groups."

For their part, the SPC has, so far, failed to explain the criteria used to invite candidates to participate, though they did send us a statement claiming that Curtis, after learning about the debate and his exclusion from it, "began a tirade of insulting and threatening social media posts about our organization," and "became belligerent and rude, making a conversation impossible" during a phone call with the group's program director...

Following the national shame of 2012 when long lines at the polls on Election Day and during Early Voting (which was restricted by Republicans in a number of states) once again suppressed the vote and endangered American democracy, President Obama called for electoral reform as he declared victory on Election Night.

"I want to thank every American who participated in this election...Whether you voted for the very first time or waited in line for a very long time," he said, adding: "By the way, we have to fix that."

During his second Inauguration speech, he repeated the message: "Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote."

At his State of the Union Address in 2013, he again re-iterated the call for reform --- citing the story of 102-year old Desiline Victor, an African-American Florida woman who was forced to wait in line for hours on end to cast her vote in 2012 --- before announcing his creation, by Executive Order, of a bi-partisan Presidential Commission on Election Administration. It would be headed up by both his own top election attorney, Robert Bauer, as well as Mitt Romney's lead election attorney and long-time GOP operative, Benjamin Ginsberg.

After six months of hearings and conferences around the country, that commission has now released its unanimous recommendations [PDF] for improving access to the voting booth and for other much-needed improvements for electoral administration.

While coming to bi-partisan consensus with a report on such a contentious topic is no small achievement in and of itself in this extraordinarily divisive environment, the Commission highlighted one fairly obvious point which will almost certainly disappoint the most partisan Republicans, but also, perhaps less obviously, some Democrats...

[This article now cross-published by Salon...]

One of the world's largest ATM manufacturers and, formerly, one of the largest manufacturers of electronic voting systems, has been indicted by federal prosecutors for bribery and falsification of documents.

The charges represent only the latest in a long series of criminal and/or unethical misconduct by Diebold, Inc. and their executives over the past decade.

According to Cleveland's Plain Dealer, a U.S. Attorney says the latest charges are in response to "a worldwide pattern of criminal conduct" by the company....

Despite at least $1.75 million in bribes said to have been paid the company around the globe, nobody will go to jail for what U.S. Attorney Steven Dettelbach describes as their "worldwide pattern of criminal conduct," because they are a corporation --- and you are not.

The $50 million the company has agreed to pay is a mere fraction of the firm's $3 billion in annual revenues. That, even though Diebold is a repeat offender --- which may be describing it mildly...

Too bad this wasn't published previously...before California's ill-considered and incredibly dangerous and deceptively sold SB 360 was signed by CA's Gov. Jerry Brown over the weekend (despite our advocacy and warnings against it.)

In his syndicated "California Focus" column (appearing in 93 papers around the state), Thomas D. Elias opines today on the partisan-passed election reform bill we've been yelling about for months now here at The BRAD BLOG. He accurately describes SB 360 as "a prominent entry in the unofficial sweepstakes to determine this year's worst new state law".

From his column, "New law threatens vote-counting reliability", today...

Elias continues by pointing out the dishonest way in which the bill was represented to lawmakers and the public by its main sponsor, state Sen. Alex Padilla (D) who also happens to be a leading 2014 candidate for CA Secretary of State and, therefore, a potential main beneficiary of the unprecedented, sweeping new executive powers that the law will grant to the state's SoS.

As he writes...

Over the weekend, Governor Jerry Brown (D-CA) signed SB 360, a radical new election reform bill, that will, for the first time in decades, end all federal testing of new e-voting systems approved for use in the state of California.

The measure, sold dishonestly by its supporters to the public and lawmakers, is expected to have an impact across the rest of the nation as well. It's enactment paves the way for the final development of a new, unverifiable touch-screen voting system for use in Los Angeles County, where it is then slated to be sold for use in jurisdictions elsewhere in the state and country.

Before the adoption of SB 360, new voting systems in California required two independent levels of testing, both at the federal and state levels before they could be used in an election here. Even with those two independent testing regimes in place, the systems certified by the Sec. of State over the past decade or more have been riddled with errors and security flaws that were later discovered. For those reasons, and others, The BRAD BLOG had been calling, unsuccessfully, for Brown's veto of SB 360.

As we've documented on these pages, the new law also affords sweeping new executive powers to the Sec. of State to approve new e-voting systems for use in so-called "pilot programs" without any certification testing at all, even from state auditors. Those "pilot" e-voting and tabulation systems, according to the new law, may now be used in "a legally binding election" at the sole discretion of the Sec. of State.

The BRAD BLOG has reported in great detail on this dangerous new bill, which was eventually passed along partisan lines with almost no debate in either chamber of the state legislature. It was supported by all the Democrats in both the state Senate and Assembly, and opposed by all but one Republican.

The bill, granting unprecedented power to the California Sec. of State, was authored by state Senator Alex Padilla (D) --- himself a leading 2014 candidate for California Sec. of State. It was also supported by one of his two main rivals for that job, State Sen. Leland Yee (D), who has also gone on record calling for Internet Voting systems in California.

The only one among the top three Democratic contenders to replace CA Sec. of State Debra Bowen (who is termed out in 2014), who did not go on record in support of SB 360, is former Common Cause official Derek Cressman.

As we also reported, the bill was sold dishonestly by Padilla to both lawmakers and the public...

I was interviewed over the weekend by Joan Brunwasser of OpEd News about the terrible, dangerous and ill-considered SB 360 bill recently passed by the CA legislature, and still waiting for signature (or, hopefully, veto) from Gov. Jerry Brown.

As I've reported previously, SB 360 would end all federal testing of e-voting systems used in CA, and give sweeping new executive powers to the Sec. of State to approve new e-voting systems for use in "a legally binding election", even with no certification testing by state auditors either!

The measure passed by Democrats, along partisan lines, with little debate, under the false premise that rewriting more than 70 sections of the election code was needed so that L.A. County could develop its own new, 100% unverifiable touch-screen voting system. The bill was authored --- and subsequently misrepresented to both lawmakers and the public --- by Democratic state Sen. Alex Padilla who also happens to be a leading 2014 contender for Sec. of State to replace Debra Bowen who is termed out next year.

My OpEd News interview begins with this question from Brunwasser...

Give the full interview a read to find out my answer to those questions, along with a number of other thoughts on Democratic science denial when it comes to unverifiable (and untested) election technology.

If you've yet to give CA Governor Jerry Brown your opinion on whether he should sign or veto SB 360, you may do so right here. (Choose "SB00360" from the "Please choose your subject" dropdown box, and select Pro or Con on the next screen.) You may also call his office to leave your opinion at (916) 445-2841.

NOTE: The space-aged touch-screen system being developed by L.A. County, is also being planned for sale to other jurisdictions across the country. The way CA tests and certifies its voting machines, or doesn't, is very likely to have a direct impact on voting systems used in your jurisdictions across the nation as well!

Support truly independent media! Support The BRAD BLOG...

California State Sen. Alex Padilla continues to mislead the public about SB 360, his radical election reform bill passed recently by the state legislature along partisan lines, and now waiting for a signature, or veto, from Gov. Jerry Brown.

The bill, as we explained in our detailed exposé last week, would end all federal testing of new e-voting systems in the state of California. The use of only federally-approved voting systems had long been a requirement in the state. Moreover, the measure would grant unprecedented sweeping executive powers to the Sec. of State to approve new voting and tabulation systems for use in real elections without any certification testing at all, even by state auditors.

Coincidentally, Padilla, the bill's sponsor, is also a leading 2014 candidate for Sec. of State in California.

Last week, we explained how Padilla has been cynically selling this bill for many months as necessary in order for jurisdictions like Los Angeles County to own their own non-proprietary voting systems. Who, after all, other than private voting machine companies (and/or folks who'd like to use such systems to game elections), would be against the idea that voting systems should be publicly owned by the jurisdictions which use them to run their own public elections? But that explanation doesn't really tell the full story.

L.A. has been in the process of developing a new, publicly-owned, 100% unverifiable touch-screen voting system for some time. (See a new video of their design concepts, all quite troubling for those of us familiar with new, touch-screen e-voting systems, right here or at the bottom of this article.) The county has said they hope to sell their new system to other counties in the state and across the country. But, what Padilla doesn't mention to lawmakers or to the public while pitching his legislation, is that L.A. already owns their own current voting system and has for many years.

"I've introduced a piece of legislation that doesn't mandate, but allows, at the county level, county governments to own their voting systems," Padilla misleadingly announced on KSRO the day before the bill was finally approved by both chambers of the state legislature earlier this month. He cited L.A. County's development as the reason that counties should be able to own their own voting systems...which, he didn't mention, L.A. already does.

The audio clip of the KSRO interview is featured on Padilla's web page...

You can listen to Padilla's brief, 9/5/2013 interview on KSRO here [appx 4.5 mins]:

Since SB 360's introduction back in February, Padilla has been quoted similarly, and misleadingly, in every press release we've seen issued by his office, touting that "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections."

The next, even more misleading part of the oft-used Padilla quote, has been modified only slightly in his press releases since the bill's introduction last February...

It was a content packed BradCast this week on KPFK/Pacifica Radio! Listening will make you smarter and a generally better person in every regard.

First up: We were joined up by Francesco Femia of the Center for Climate and Security to discuss the climate change connection to the civil war in Syria and other regions where national security dangers loom, thanks to the "threat multiplier" that is global warming. Femia is the founding Director of D.C.-based think tank with an advisory board of retired senior military officers and national security experts. Fascinating conversation!

Next up: New documents disclosed by Edward Snowden and reported today by The Guardian reveal the NSA's agreement with Israel to share SigInt (signals intelligence) such as phone and email content without removing private metadata and content of U.S. persons first.

Finally (or close to it): The disaster that is SB 360, the CA law passed last week and headed to the Governor for his signature...or veto. SB 360, as The BRAD BLOG reported exclusively earlier this week, will abolish all federal testing of CA's electronic voting systems and even allow the Sec. of State to approve new e-voting systems for use "in a legally binding election" without ever being tested for state certification at all. It's a terrible bill, and we call on Governor Jerry Brown to veto it. You can (and should) too, right here...

Then Desi Doyen joins us for the latest Green News Report, as usual, though not before updating us on her latest Twitter fight with some jackass at CNBC. Enjoy!

Download MP3 or listen online below [appx 58 mins.]...

A new bill that would grant unprecedented and unchecked powers to the California Sec. of State --- including those that could allow him or her to approve new e-voting systems for use in actual elections with no testing at all --- was approved late last week by the state legislature along partisan lines. It is now on its way to Gov. Jerry Brown (D) for his signature or his veto.

The Governor should veto SB 360, a sweeping, dangerous, ill-conceived and dishonestly presented piece of legislation, passed with little debate in public or in either chamber of the state legislature.

The measure has been, and is being, deceptively sold to the public and to state lawmakers as necessary to allow CA counties --- specifically Los Angeles County --- to "develop, own and operate public voting systems". In fact, the bill does much much more than that. What it actually does, among other things, is end the long-standing requirement that all electronic voting systems used in the state be tested and certified at the federal level before being allowed for use in California.

The bill also includes a provision allowing for new voting systems to be used in "pilot programs" during "a legally binding election", before the systems have been certified by the state in any way. That, in effect, could allow a new system to be used in an actual election, by actual voters in the Golden State, without any independent testing whatsoever, depending on a Secretary of State's interpretation of this poorly drafted bill. That should be a serious concern to all voters --- particularly given the massive flaws already discovered in e-voting systems used across the state (and country) that were subjected to independent testing by both federal and state authorities before use.

In other words, SB 360, as approved by the state legislature, does away with all federal testing for voting systems used in California, and, to make matters worse, grants the Secretary of State sole power to approve e-voting systems for use in actual elections --- even without certification testing by state auditors either.

As if all of that is not bad enough, the bill's Democratic author, state Senator Alex Padilla --- a leading 2014 candidate for CA Sec. of State himself --- has been misleadingly pitching the bill as necessary in order to allow for the use of non-proprietary, publicly-owned voting systems in the state. But, in fact, CA already allows the use of non-proprietary, publicly-owned voting systems. In fact, the voting system currently in use across L.A. County --- the largest voting jurisdiction in the nation, with more voters than 36 actual states --- is already publicly-owned!

Such facts were not been mentioned by Padilla during his office's advocacy for the bill, and they have failed to respond to our multiple queries on that point and several others since the bill was initially introduced earlier this year. Instead, the state Senator and SoS candidate continues to dishonestly pitch the bill to the public, as evidenced again in his Friday press release (posted at the bottom of this article), touting the bill's approval by the state legislature.

"Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," Padilla is deceptively quoted, in bold text, as saying in a number of press releases in support of the bill, including Friday's release. He then adds misleadingly (since we already have such a system here in Los Angeles): "A public voting system will be more transparent, instill public trust, be more accountable and provide greater access to all voters."

In short, SB 360 is a dangerous, irresponsible bill which fails to learn from the recent history of previously irresponsible and/or corrupt Secretaries of State, completely rewrites the state's election code to allow for less testing, rather than more, of the state's already-buggy and insecure collection of e-voting systems, and it's being sold dishonestly to the public and lawmakers by a legislator who is very likely to be the recipient of its new, sweeping, unprecedented, executive powers...

The bulk of today's BradCast on KPFK/Pacifica Radio was focused on the mess that is Obama's Syria policy.

Aside from tons of callers (I'm tired of "experts" and "pundits", wanted to hear from actual people), and one of the most perfect "bloopers" ever (a brilliantly incorrect sound cue played, in the first part of the show, by the engineer who was in today instead of our usual one), we also spent a few minutes with anti-war activist and author (and occasional BRAD BLOG guest blogger) David Swanson on what he would recommend, in lieu of military strikes, for accountability for the use of chemical weapons. His main response to that question: Get thee to the Hague and file war crimes charges, if that's the case the U.S. is making against Syria!

Lots of interesting perspectives on today's show, almost all of which vary tremendously from the nonsense we're hearing from the Congress and the Administration and the establishment media this week. I'd welcome your feedback as well.

We also quickly hit on a few voting issues, such as our good news today on the TX GOP's most-likely-doomed Photo ID law and more...as well as a visit from Desi Doyen with the latest Green News Report as usual! Enjoy!

Download MP3 or listen online below [appx 58 mins]...

An ambitious election reform bill supported by state Democrats and the Colorado County Clerks Association, which is largely made up of Republicans, will soon land on the desk of Democratic Gov. John Hickenlooper, despite the objections of Republican lawmakers and the state's extraordinarily partisan Republican Sec. of State.

The bill has now been approved by both chambers of the Colorado legislature --- along party lines in each --- but must be approved again in the House due to "technical" amendments from the Senate. But while it may be too late, partisans and lawmakers would have been wise to look carefully before leaping in support of this bill which offers both excellent reforms and reasons to be very concerned about one of its central provisions.

John Tomasic of the Colorado Independent offered a detailed report earlier this week on the major concerns and somewhat confusing partisan divides on both sides of this particular piece of legislation.

There's a lot of good, long-overdue provisions in the sweeping, 126-page bill [PDF] (mercifully summarized on pages 2 through 4). The key provisions --- and main points of contention --- are summarized this way by Tomasic:

Tomasic goes on to explain that the bill, dubbed "The Voter Access and Modernized Elections Act", is sponsored by Democrats in both the CO House and Senate, but it's "based on a plan approved by a large bipartisan majority of clerks who run the state’s elections county to county. The Colorado County Clerks Association reports that 75 percent of the 64 clerks in the state support the bill. The Association is anything but a left-wing cabal: At least 44 of the clerks, some 70 percent, are Republican officeholders."

The politics on this one may be understandably confusing to some --- particularly with a former Republican Sec. of State favoring the bill, and the current Republican Sec. of State ardently opposing it --- but the professed concerns of the latter (that the expanded registration provisions will lead to "voter fraud") are largely nonsense. While the advocacy of the former (pushing broad expansion of vote-by-mail ballots to every voter in the state) ignores very real fraud concerns...

The good news: When the largest voting jurisdiction in the nation gets its new voting system, perhaps as early as 2015, it will not including Internet Voting, according to Dean Logan, Registrar-Recorder/County Clerk of Los Angeles. The bad news: It will very likely include touch-screen computers and, with them, 100% unverifiable voting.

I interviewed Logan last week on my KPFK/Pacifica Radio show [full audio interview is at the bottom of this article], and we had a very informative discussion about what voters in Los Angeles may have to look forward to in the coming years, as well as many of you in the rest of the country, since the new system is being designed with an eye towards selling it to other counties in California as well as in the rest of the country.

So this is not just a local L.A. story. It's likely to affect the way that votes are cast and tallied in much of the nation. It's well worth paying attention to, even if, unlike me, you don't live here.

Los Angeles County alone "has more voters than 42 of the 50 states," according to Logan's office. It features nearly 5,000 precincts. Well over 3 million votes were cast in this one county alone during the November 6, 2012 Presidential Election. When Logan took over the job of Registrar after our previous one resigned, suddenly, just months before the 2008 President Election, he had a monster of a job to take over. It's still a monster. And it may soon get even more gargantuan as he attempts to re-work, re-design and, indeed, re-think how voters vote here, and as we move from our current publicly-owned voting system to our next publicly-owned voting system. (L.A. is one of the very few jurisdictions in the nation which owns, maintains and designs its own system. Most similar systems in the rest of the state and nation are proprietary, owned by the private companies which make them, and don't allow even the election officials in those jurisdictions access to their "trade-secret" software and source code.)

While, happily, Logan offered me some assurance that we won't be casting votes over the Internet with his new system --- an assurance that should bring some measure of relief to both Election Integrity advocates as well as the consensus of computer science and security experts who are also experts in voting systems --- there is still much cause for concern, as this still-unknown voting system begins to take shape...

Today on my KPFK/Pacifica Radio show: My take on what did and didn't go right and wrong during yesterday's 2012 elections --- there was plenty of each --- and what now needs to be done about it all.

Plus, investigative journalist Bob Fitrakis from Ohio's Free Press on OH Sec. of State Jon Husted's secret, uncertified, "experimental" software installed on vote counting systems in 39 counties just days before the 2012 election, and Fitrakis' state and federal lawsuits to try to block it...

Download MP3 or listen online below [appx 58 mins]...

Now, if you don't mind, I'm going to nap for a while. Need it desperately. But lots to do. So, back soon...

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...