Guests: SC GOP activist Frank Heindel and attorney Larry Schwartzol; Also: New Senate bill finally calls for HAND-MARKED paper ballots...
By Brad Friedman on 7/13/2018, 6:44pm PT  

Today on The BradCast: On the eve of Donald Trump's scheduled Monday summit with Russian President Vladimir Putin, Dept. of Justice Special Counsel Robert Mueller brought eleven new felony charges against twelve Russian military intelligence officials on Friday. They were charged with various crimes related to cyber-interference in the 2016 Presidential election. And, a bi-partisan federal lawsuit is filed in South Carolina in hopes of finally terminating the state's easily-hacked, repeatedly-failed, 100% unverifiable voting system. [Audio link to show follows at end of article.]

The Russian military officials cited in today's indictment [PDF] relates to hacking into and stealing documents from the DNC and the Hillary Clinton campaign, and releasing them to the public in hopes of manipulating the election. The charges also relate to attacks against state and county election officials and a voter registration company where email spearphishing schemes are said to have implanted malware onto the computer networks in question.

The new indictment does not allege any Americans knew of the hacking scheme detailed by Mueller, though it notes that Trump's public July 2016 call for Russia to find and release "missing" personal Hillary Clinton emails was followed by attacks, "for the first time", on an Internet domain used by her personal office.

While the filing details at least one state voter registration system where some 500,000 private records were accessed, it does not allege that voting results were manipulated (although the DHS admitted last year they never examined either ballots or voting systems.) During Deputy Attorney General Rod Rosenstein's announcement of the new charges, he also excoriated partisan and media speculation regarding the probe, as well as attacks (presumably by Congressional GOPers and Trump) on the FBI itself.

Meanwhile, much media coverage was given on Thursday to the insanely chaotic ten-hour long U.S. House hearing featuring testimony by Peter Strzok, the top FBI counter-intelligence specialist who initially led the investigation into Russian interference back in 2016. At the same time, a hearing in the U.S. Senate this week on safeguarding our election infrastructure received little or not coverage. Today, we try to correct that a bit, with some of the testimony offered by Sen. Ron Wyden (D-OR), sponsor of a new election reform bill in the Senate --- the Protecting American Votes and Elections (PAVE) Act --- which is the only one that would require a HAND-MARKED paper ballot for every voter in the U.S. His testimony calls out ES&S, the nation's largest computer voting system vendor, for failing to show up for the hearing or answer any of his basic cyber-security questions he's sent to the company over the past year.

Then, after more than a decade of failed elections on the 100% unverifiable ES&S iVotronic touch-screen voting systems used across the state of South Carolina --- including the still-remarkable and still-unexplained story of Alvin Greene, the completely unknown, unemployed man who somehow managed to win the state's 2010 Democratic U.S. Senate primary without campaigning at all, against a longtime, well-known state legislator and circuit court judge --- a lawsuit was filed this week in federal court to force the state to offer a secure system to voters.

The complaint [PDF] was filed on behalf of two plaintiffs. One, a former eight-term Democratic state legislator, the other a longtime Republican Freedom of Information Act champion and election critic in the Palmetto State. The Republican plaintiff, FRANK HEINDEL, and attorney LARRY SCHWARTZTOL, of the non-partisan, non-profit ProtectDemocracy.org, join me to explain the lawsuit, Heindel's years of work attempting to oversee state elections (and their accompanying disasters), and whether the new complaint might make any difference in the state before this year's crucial 2018 midterms.

"I've just always been skeptical of the 'black box' mentality where you go in and you just trust the machine, and there's no way to verify the results," Heindel explains. "I've just never really trusted that system. I've tried to push us towards a more paper-based way to vote, and it's taken many years here, but I'm starting to get a little optimistic that the worm has turned and we're going to make some progress."

"You need a system where the winner knows that he won, the loser knows that he lost, and everybody knows that their votes were cast and counted directly. We don't have that today," he tells me. The longtime businessman has spent the last decade or more filing some 47 FOIA requests attempting to personally investigate election results and related problems in the state. (We've been following Heindel's efforts for years. You can watch part of Dan Rather's 2010 report on Heindel, right here.)

The longtime litigator Schwartztol, for his part, explains: "What we're arguing for in the lawsuit is to replace that system with one that meets basic, common-sense principles. Secure in its basic architecture against cyber-attacks. The main way to do that, most people agree, is a pretty simple one. And that's building a system around paper ballots, that can be verified, that can be audited, that can be the subject of a recount if that's necessary."

"What we describe in the lawsuit is a voting system that contains unnecessary vulnerabilities and that is not sufficiently reliable to do the work," he adds. "The work of ensuring that votes are accurately recorded and counted."

He lauds the state's election commission chair, Marci Andino (one of the suits defendants), for stating her desire to move to a new system, but is critical of the claim that it would require $50 million to do so. A paper ballot system he says, citing a recent report from NYU's Brennan Center for Justice, would cost much less. He also tells me that one of the solutions they hope to pursue in the case, potentially before November, is the use of the state's absentee paper ballot system that could be used for all voters this year.

"You saw today where Rosenstein was saying that the Russians had sent phishing emails to various state and county folks," notes Heindel. "Our county election people, they're hard-working and they mean well, but I can get tricked on a phishing email. The idea that we have state and county election people that are trying to fend off sophisticated attacks from foreign adversaries, it's crucial that we get our arms around this thing, and get to paper sooner rather than later."

Download MP3 or listen to complete show online below...

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