We're all over the place on today's BradCast, as things seem to be speeding up exponentially as Election Day draws near. [Audio link to full show follows this summary.]

Among our stories today...

• On Wednesday, the Dept. of Justice filed an indictment against two members of the Russia's state media outlet known as RT for their part in a scheme that covertly paid some $10 million to rightwing media influencers to help spread Russian propaganda via an American-looking website media company based in Tennessee. Among the willing dupes or useful idiots, take your pick, who profited from the scheme to the tune of millions of dollars: popular rightwingers like Tim Pool, Benny Johnson and Dave Rubin (who actually used to call himself a "progressive" when we worked with him years ago at The Young Turks!) Their Kremlin-approved-and-encouraged lies about Russia and Ukraine and much more were spread far and wide from them to Elon Musk, Donald Trump and many others (including far too many on the Left!), in a far-reaching plot meant to cause division in the U.S. and disrupt our electoral system to the benefit of Trump. It was all helped along by those who are apparently all too willing to sell out the U.S. in exchange for power and/or money and/or just to be one of the cool anti-establishment rebel kids out there. We break it all down for ya today.

• Lifelong rock-ribbed Republican conservative, former top member of House GOP Leadership, and daughter of Dick, Liz Cheney announced her intention in North Carolina on Wednesday to do the right thing by voting for Kamala Harris this year. I say "right thing" because, for those Republicans who truly oppose Donald Trump, if they really want to help keep him out of power, the best way is to cast their vote for Harris, as opposed to feebly writing-in Ronald Reagan or some such cowardly measure that only ultimately serves to help Trump regain power.

• Aside from standing up for democracy, the rule of law, and the Constitution by voting for Harris, Cheney might also have noticed that Kamala Harris popular economic policies are more likely to grow the economy than Trump's various schemes. His poor economic showing during his term in office makes that clear enough. But, if you need further encouragement that Harris' policies will be better for the economy than Trump's moving forward, check out what the economists at that lefty, pinko outfit Goldman-Sachs had to say about it this week. Turns out, "Comrade Kamala" (as Trump absurdly likes to call her), is the worst communist ever!

• The U.S. House returns from its August break on Monday for a short session before breaking again for the election. But they've got another "fiscal cliff" ahead of them, with a government funding deadline at the end of this month. Apparently, Donald Trump is encouraging House Speaker Mike Johnson to threaten another shutdown before the election, unless Dems agree to adopt the SAVE Act, a bill that would require proof of citizenship when registering to vote, despite the fact that it is already unlawful for non-citizens to vote in federal elections (and ID is already required for all voters who register in all 50 states under federal law). But, sure, go for it, Mike! I'm sure it'll work out just fine for you guys.

• Pretending there is massive voter fraud being carried out by non-citizens appears to be the GOP's fake news claim of this election year (helped along by all of those folks getting sweet sweet Russian money to lie to that end, and those who choose to believe them). In North Carolina last week, the state and national Republican Party filed yet another lawsuit in hopes of popularizing that claim, despite the complete lack of evidence for it. In this suit, they are claiming that some 225,000 voters in the state's voter registration database did not supply a driver's license or social security number when they registered and, therefore, might be "illegal aliens" voting. They want them all to be removed from the rolls and forced to re-register, even though the election is now just weeks away and Mail-in voting begins this weekend in NC. But there are a few (a whole bunch, actually) problems with their claims and suggested remedy, as we explain on today's program. That said, Republicans know about those problems --- and don't care. They aren't filing these lawsuits to win them. They are filing them to help them try and steal the election, if necessary, next January 6th.

• Finally, Desi Doyen joins us for our latest Green News Report, amid a sweltering heat wave here in Southern California; a record heat wave in Phoenix; record humidity recorded over much of the rest of the country all summer long; and other both good and terrible climate and environmental news items, as usual...

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On today's BradCast: Senate Dems strike a very big deal and the U.S. Election Assistance Commission gets sued again, this time for rolling back voting system standards after secret, unlawful meetings with the manufacturers they are supposed to be regulating. [Audio link to show is posted below.]

First up, in what is being reported as potentially "transformative" legislation for the country, Senate Democrats on Tuesday night announced they had come to an agreement on a deal that would invest $3.5 trillion into the expansion of Medicare, the Affordable Care Act, child care and a host of other "human infrastructure" priorities, while also addressing climate change with a broad array of clean energy incentives. The blueprint for the agreement still lacks specific legislative language, but was struck after weeks of work in the Senate Budget Committee chaired by Bernie Sanders (I-VT). Democratic Committee members, such as centrist Mark Warner of Virginia, are also said to be on board with the package, which would be paid for by increased taxes on those making more than $400,000 a year and on large corporations. If all Senate Dems agree to the final bill and no more than 4 Democrats defect in the House, the measure could be adopted under Senate Reconciliation rules with a simple majority vote without the need for any Republicans.

Passage of that package, along with adoption of the smaller bipartisan nearly $600 billion proposal recently hashed out among moderate Senators on more traditional infrastructure spending, such as for roads and bridges, would amount to a massive victory for Democrats (presuming Republicans do not renege on their part of the agreement) and, more importantly, for jobs, families the climate and the American people as a whole. It would be the largest such spending package since the New Deal. We walk through some of the reported details of the new reconciliation package and what it may mean for Americans before the 2022 mid-term elections.

And, speaking of elections, earlier this year we reported on the U.S. Election Assistance Commission (EAC)'s secret and unlawful meetings last year with voting system vendors, as discovered by SUSAN GREENHALGH, longtime election integrity advocate and Senior Advisor on Election Security at the non-partisan government watchdog group, Free Speech for People (FSFP). As she revealed at the time, the EAC's meetings, even with vendors, are all supposed to be public, according to the federal Help American Vote Act (HAVA). Her group was forced to sue to make the EAC cough up emails and other records detailing the secret vendor meetings. Most disturbingly, the EAC's Commissioners made alarming changes to newly drafted voting system certification guidelines just after those meetings.

The EAC is the federal agency responsible for creating certification guidelines for the nation's voting and tabulation systems. After a painstaking 5-year process in public consultation with technical advisors and other experts, the final draft of the much-needed and long-awaited Voluntary Voting System Guidelines (VVSG) 2.0 was released last year. It included, among other important elements, a ban on wireless modems in voting and tabulation systems. Cybersecurity experts applauded the provision, after long warning of the dangers of such devices in systems that register, record and tabulate the nation's votes.

After the EAC's secret meetings with voting system vendors last year, however, the agency weakened the new guidelines --- removing, for instance, the ban against wireless modems --- and revealed an amended, watered-down version just days before Commissioners voted for final approval of the new standards. Experts were stunned. Now Greenhalgh's FSFP is suing the EAC again, along with co-plaintiff Philip Stark, an elections expert from UC-Berkeley and a member of the EAC's own Board of Advisors (as well as a recent guest on this program). The complaint [PDF] calls for the EAC to roll back the last minute changes made to the guidelines after they secretly met with the voting system manufacturers.

Greenhalgh joins us to explain all of this latest madness, what it could mean for election security, why the EAC made these changes and continue to roll over for the vendors they are supposed to be regulating, and to discuss the perils of the woeful EAC's under-handed changes at a time when cyberattacks are on the rise and confidence in election results (justifiably or not) is plummeting.

"Rather than being an independent source of information regarding voting systems, the EAC is going to the vendors to ask them the questions and understand how the systems work. And, of course, the vendors aren't going to say, 'Yeah, this is highly insecure, we shouldn't be doing this,'" Greenhalgh explains.

"It's mind blowing to me," Greenhalgh tells me, when I ask if the EAC Commissioners fully understand the security risks involved in allowing the modems that vendors want in their systems (for reasons she also explains.) "You would think they'd want to err on the side of caution, they would want to err on the side of security. And if there was a good reason to allow this, then why not have this process out in the open where they can make the case to the public as to why 'we think this is a secure way to go.'? Instead they did the whole thing behind closed doors, in a super shady manner. Doesn't engender a lot of confidence." 

Finally today, in addition to the Dems' massive new infrastructure proposal announced on Tuesday night, Senate Democrats also unveiled a long-overdue, landmark proposal to finally legalize cannabis at the federal level. That bill, however, will require some Republicans to come aboard for passage, so we'll see how it goes...

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On today's BradCast: The chaos continues...along with our efforts to try and bring common sense to the madness. [Audio link to today's show is posted below.]

Rates of COVID-19 infections are still getting worse, not better, in much of the country, particularly in rural areas and states not currently under statewide stay-at-home orders. At the same time, the President of the United States is citing those very areas as places that should be viewed as a model for ending stay-at-home restrictions as soon as the end of the month or earlier.

Georgia's Republican Gov. Brian Kemp, on Monday afternoon, announced plans to do exactly that, with theaters and restaurant set to be opened back up in the Peach State as soon as this coming Monday. According to medical experts, however, opening up the country without much more testing and contact tracing in place is a recipe for disaster, even as there appear to be no such plan in place, and testing remains vanishingly rare in much of the nation.

Meanwhile, the results of the first major antibody test in the nation on Friday, revealed that hundreds of thousands if not millions of more people may have actually contracted the virus without even realizing it. Nonetheless, Rightwingers, egged on by Fox "News" and Donald Trump and funded by the same Rightwing outfits that fomented the so-called "Tea Party" protests against Barack Obama years ago, have now been protesting against state closures in recent days around the country --- largely in states controlled by Democratic Governors. On Sunday, front-line healthworkers in Denver were forced to clash with protesters who told them, as the nurses stood up to the protesters cars in their masks and scrubs: "Go to China if you want communism!"

Amid all of this, we are somehow supposed to hold safe and inclusive elections this year, with more than 20 states set to hold primary elections in coming weeks (Ohio will hold its previously postponed primary next Tuesday) and all 50 set to hold the critical Presidential general election on November 3rd. Many Democrats and voting rights advocates are calling for Vote-by-Mail ballots to be sent to all registered voters without restrictions. Many Republicans around the country are going to extraordinary measures to make it harder, not easier, to vote during the pandemic.

In New Mexico last week, the state's Supreme Court rejected the proposal by all 27 County Election Directors and NM's Secretary of State to send absentee ballots to all registered voters. Republicans opposed the plan and the court split the difference by mandating that absentee ballot applications be sent to all registered voters instead.

SmartElections.us, a "non-partisan project dedicated to elevating the issue of election reform to an urgent national priority," recently released an open letter signed by more than 50 election integrity groups and voting rights advocates calling on restrictions to be included with any federal funding that may be offered to states to help them manage elections amid the pandemic. While some of the larger voting rights groups across the country are calling for as much as 4 or 5 billion dollars to be allocated by Congress to the states, Smart Elections' co-founder LULU FRIESDAT joins us today to remind us --- as does the group's letter to Congressional lawmakers --- about the disastrous consequences of the last time Congress appropriated nearly $4 billion for "upgrading" elections

That was the Help America Vote Act (HAVA) of 2002, which allowed private electronic voting system vendors to swoop in and essentially privatize our public elections with voting systems that were vulnerable to manipulation and prone to failure. The group's open letter produced by Friesdat and the other election experts, calls for specific restrictions to be placed on the use of any federal funding sent to states and counties to help them move to more accessible absentee ballot-based elections this year, including requirements that allow for voters to be notified and cure ballots rejected by officials (for any of various reasons) and to make the request for absentee ballots easier for voters. At the same time, it also calls for restrictions that prevent the process from being opened up to potential fraud. In other words, they are calling for sensible processes that allow more access for voters without procedures that allow for easy voter fraud or that hand over hundreds of millions to private companies to further bar public oversight of elections.

The letter is a common sense reaction to the chaos that is currently underway...even if common sense and measured responses are not normally what one expects from talk radio and cable news in the middle of highly-partisan election made even more chaotic due to a deadly global pandemic.

Finally, today, we open the phones to listeners --- many of whom in our Southern California listening area, have been following stay-at-home orders as long or longer than most in the rest of the country --- to see how they're doing, and if they agree that it's time to open the country back up for business....no matter how many Americans will end up being unnecessarily killed in the bargain...

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We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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On today's BradCast: Happy birthday, Mr. President! To celebrate today, the New York Attorney general filed a civil lawsuit [PDF] against Donald J. Trump, his so-called "charitable foundation", and his children Eric, Don Jr. and Ivanka, charging that his foundation was used as little more than a personal and business slush fund, and to benefit his 2016 Presidential campaign. [Audio link to show follows below.]

All of that, NY Attorney General Barbara Underwood alleges in her suit, is in violation of both state and federal law. Many of the allegations against Trump's unlawful use of his foundation were reported in the run-up to the election, though much more self-dealing was discovered in the course of the AG's 2-year investigation, including that the Trump Foundation's board of directors had not met since 1999, that some board members had no idea they were even on the board, and that Trump's then-campaign manager Corey Lewandowski personally directed checks to be written from the foundation for campaign purposes.

Underwood's petition seeks nearly $3 million in reparations and to bar both Trump and his children from sitting on the boards of other nonprofit charitable organizations. She also refers the matter [PDF] to the Federal Elections Commission and the Internal Revenue Service for further investigation.

In other important news today, the U.S. Supreme Court issued a 7 to 2 opinion finding that Minnesota's polling place ban on t-shirts and buttons with political slogans, such as those worn by 'Tea Party' members at the polls in 2010, is overly broad and violates Constitutional First Amendment free speech protections. Slate legal reporter MARK JOSEPH STERN joins us to explain the Court's opinion, as well as the far more disturbing ruling from the GOP's stolen SCOTUS earlier this week, when the Court found 5 to 4 in favor of Ohio's voter roll purge scheme by Republican Sec. of State Jon Husted.

That scheme begins the process for removing voters from the rolls after a voter fails to vote in one single federal election. Stern discusses the troubling opinion which overturns the 6th U.S. Circuit Court of Appeal's 2016 finding that the Buckeye State's scheme directly violates the 1993 National Voter Registration Act's restriction against removing a voter from the rolls "by reason of the person's failure to vote."

On today's ruling, I am somewhat less sanguine about what the Court ruled than Stern is, but it's a close call. On the Ohio case, I think we're both in agreement. As he notes: "First, you are identified for a purge because you didn't vote just one single time, and second, you are purged because you failed to cast a ballot. Again, that would seem to go against not just the text but the express purpose of both [the National Voter Registration Act and the Help America Vote Law]. So for Alito to claim that he's just following the text of the law, and dissenters are trying to enact their own policy --- that rings absolutely false to me."

Sterns explains the largely semantic trick that Justice Samuel Alito used to, essentially, flip the provision written by Congress onto its head on behalf of the court's five Republican appointees; how the state's massive purges have disproportionately affected minority and low-income voters; and how Trump and Jeff Session's Dept. of Justice has reversed an unprecedented number of positions on federal laws since taking office.

Finally today, Desi Doyen joins us for the latest Green News Report, as even some Republicans appear to finally be turning against wildly corrupt fossil fuel industry "swamp monster" and EPA Administrator Scott Pruitt...

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On today's BradCast: We continue our coverage of fallout following this past Tuesday's midterm primary elections in eight states, as the counting and canvassing moves forward. [Audio link to show follows below]

In California on Wednesday night, Sec. of State Alex Padilla (D) sent a stern letter to Los Angeles County's Registrar Recorder/County Clerk Dean Logan demanding answers and actions following a still-unexplained "printing error" that resulted in the names of more than 118,000 registered voters (including Fonzie!) being left off the printed rosters at more than 1,000 polling places.

Voters found missing from the rolls were to have been given provisional ballots on Tuesday, according to Logan, but there are questions as to whether all of them were. Also, there are concerns about whether those provisional ballots will all, in fact, be counted (or tossed for bad reasons, as some provisional and vote-by-mail ballots are), and if those ballots will be included in the county's 1% post-election manual "spot check", meant to determine whether hand-marked paper ballots were tallied as per voter intent by the county's computer tabulators. A new state law adopted last year exempts both provisional ballots and late vote-by-mail ballots post-marked by Election Day (which may arrive several days after the election and still be included in tallies) from that mandated 1% "random audit". We've got a bit of exclusive news on that front today.

That disaster was not the only problem for voters on Tuesday in L.A., the nation's largest voting jurisdiction. One blind voter reports on her failed attempt to vote on four separate audio voting systems for disabled voters at three separate polling places. All four machines failed to work, echoing a very similar problem that I had while attempting to vote on those very same systems in L.A. ten years ago. In a 2008 primary, 4 out of 12 of my own votes were misprinted by the computer-marked paper ballot audio voting system. (Luckily, I'm not blind, so was able to notice the computer-printed failure before casting the ballot!) Two years later, in 2010, when I tried the system again, it failed to work altogether on two different machines.

Also in CA on Tuesday, voters in a recall election successfully removed a state judge who had issued a controversially lenient sentence to a Stanford University athlete last year following his sexual assault of an unconscious woman. Another recall election, engineered by state Republicans, resulted in the removal of a Democratic state Senator for having voted in favor of a gas tax hike last year. The successful recall strips Dems of their two-thirds super-majority in the state Senate, which is required for the passage of any new state taxes or fees.

In Alabama, the unbalanced Republican Sec. of State John Merrill --- who blocked me on Twitter last December for being correct about the state's computer tabulation systems, before sending a barrage of insanely bizarre emails to me last week --- won his primary for re-election on Tuesday.

And Joseph Siegelman, son of the former Democratic AL Gov. Don Siegelman, (both guests on the show over the years) won his primary for Attorney General in the state. Depending on the results of a primary runoff on the GOP side, Siegelman may be running this November against a former AL Attorney General who was part of the GOP cabal who helped imprison his father on seemingly trumped up bribery charges more than a decade ago. (Tune in for a wild summary of the incredible GOP corruption in that state around all of that, which still echoes throughout state politics today. And, with all of the madness I quickly summarized on the show, I now realize I forgot to mention, incredibly enough, that the George W. Bush-appointed federal judge who convicted and sentenced Gov. Siegelman was later forced to resign after being arrested for beating his wife!)

And, in South Dakota, some remarkable fallout from a Sheriff's race in one county, underscoring, yet again that elections have consequences and that so-called "Right-to-Work" states are anything but.

Then, after a smart observation from longtime BRAD BLOG reader "Dredd", who points out that more Americans appear to have been killed by one climate event --- Hurricane Maria in Puerto Rico --- than in our (so far) 17-year long war in Afghanistan, Desi Doyen joins us for the latest Green News Report. Among other things in today's report, still more outrageous corruption news revealed from EPA Administrator Scott Pruitt. But, we had more on that front than we could fit into our GNR today --- and more that has broken since recording it Wednesday morning --- so we follow up with that additional news about Trump's kleptocratic EPA chief, including a Republican U.S. Senator who has some choice words for the shockingly still-employed Pruitt...

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[An earlier version of this article was originally published by Jennifer Cohn at Medium. She joined me on The BradCast to discuss it. - BF]

A Ballot Marking Device ("BMD") is a touchscreen computer that generates a computer-marked paper ballot or printout, which is then tallied on a computerized optical scanner. (Those computer-marked ballots can also, in theory, be counted by hand, but generally are not, as most election officials rely on optical scanners instead.)

BMDs were initially designed for people who are unable to hand-mark paper ballots due to disability, old age, etc. But the state of Georgia and Los Angeles County, California are now at the forefront of an unfortunate new trend, which is to consider buying these expensive hackable "electronic pencils" for use by all voters at the polls, regardless of need.

The Georgia legislature is quickly working to adopt a bill to fund such new systems to replace their similarly 100% unverifiable, 15-year old Diebold touchscreen systems used across the entire state. L.A. County is in the late process of a years-long development program to deploy these systems in time for the 2020 Presidential election.

Should Georgia and Los Angeles proceed on their current course, it would introduce a second unnecessary and insecure computer system in the polling place above and beyond already insecure optical scanners, creating twice as many opportunities for electronic programming errors, paper jams, and hacking. For example, some BMD systems have already had problems with:

• Vote flipping (when election integrity advocate and journalist Brad Friedman used such a device in Los Angeles in a 2008 election, the device flipped 4 out of 12 of his selections on the computer-marked paper ballot);
• Inability to display all candidates on one screen (a problem reported by the state of Maryland, which had acquired such systems for all voters, but changed its mind even though the screen problem was eventually fixed); and
• Vendor breach of certification requirements (as occurred with vendor Election Systems & Software, "ES&S", the nation's largest voting system vendor).

Meanwhile, two of the most popular BMD's --- the ES&S ExpressVote and the Dominion ImageCast --- produce bar-coded (or QR-coded) printouts, which cannot be read by human beings, in lieu of traditional, hand-marked paper ballots.

This is alarming, according to experts --- including some who describe BMDs as "Son of DREs" --- for a number reasons...

During the process of building support for turning my novel Cassandra, Chanting into a movie (working title Ballot Holes), several have asked me why I published Cassandra anonymously in 2008. In Cassandra, I imagined foreign powers infiltrating voting machine companies to steal a presidential election…not because they care who won, but because they know this is the clearest shot at undermining American democracy.

In Greek mythology, as I detail in the book, Cassandra was the Trojan beauty with the gift of prophecy. She was eventually cursed by Apollo to make certain that her prophesies would fall only on deaf ears. (More about the novel, Cassandra, below. Read The BRAD BLOG's 2008 review by Ellen Theisen here.)

The decision to publish near-future prophecy anonymously was not hard at the time. As an insider at a voting machine company and someone who is critical of the federal Election Assistance Commission (EAC), I didn't want the challenges with respect to EAC certification to become more difficult. The EAC creates the rules by which electronic voting and tabulation systems must comply in order to be used in states which require federally certified machines. In some cases, the rules are onerous and do not result in better voting systems. At the time, I was an executive and major shareholder in the Populex Corporation. We had developed a voting system that allowed voters to use a computer to mark a paper ballot, to then be tabulated by an optical-scan system, or even by hand. (Similar so-called "Ballot Marking Devices" or BMDs are currently in development in places like Los Angeles County in California.)

Complying with the EAC rules (and they change them from time to time) is a very expensive proposition. A book about the dangers posed by our then current (and, mostly still-in-use) electronic voting systems, many of which had previously received EAC approval, might have been seen as a slight to the EAC. Although our company had received EAC approval, it was best not to do anything that they might consider tweaking them...

There's been a lot of talk of "rigged" elections this year, but not only from Donald Trump and his supporters. Democrats, until recently, have also been warning that our electoral system was under threat of manipulation by outsiders. But, today, the President offered a very different message to voters, arguing that "there is no serious person out there who would suggest somehow that you could even rig America's elections."

Huh? Well, that's confusing. So, we try and get a bit closer to the facts on all sides of this issue on today's BradCast. [Audio link to show posted below.]

While Hillary Clinton appears to be opening up a substantive lead in a number of nationwide polls, Trump's rhetoric of a "rigged" election grows more desperate and incendiary each day. Oddly enough, however, his message does not appear to be winning over many converts. In fact, evidence suggests his own supporters are not growing less confident in the election, but his rhetoric may actually be improving confidence among Dems that votes will be counted as cast.

But, is that confidence warranted? Just weeks ago Democrats were warning us about the possibility of voting, tabulation and voter registration systems being hacked by foreign entities like Russia. But now, many Democrats and Republicans alike, including the President in the Rose Garden today, are making the case that our election systems are secure and cannot be hacked. So which is it?

I'm joined today, to try and figure it all out, by Pamela Smith, president of VerifiedVoting.org, a non-partisan organization which closely tracks voting and registration systems --- and their well-documented vulnerabilities to manipulation --- in all 50 states and at the federal level.

As longtime BRAD BLOG readers know well, yes, our voting and registration systems --- in every state --- remain vulnerable to error and tampering by outsiders and, more directly, election insiders. Because we use computer tabulation systems, it's often impossible (as with touch-screens) or unlikely (as with op-scans) to know that results accurately reflect voter intent. That alone remains a threat to confidence in our electoral system, no matter how confident many would like voters to be today.

"The challenge we have when we use electronic systems is that some problems that can be introduced into those systems are difficult or impossible to detect," says Smith. "Evidence-based elections is a really important standard for us to have nationwide. It builds confidence when jurisdictions can demonstrate that votes were counted correctly."

Smith and I discuss all of that, examine some of the most vulnerable areas (Hello, Pennsylvania, Georgia and Nevada!), and talk about what, if anything, can be done to try and assure that votes will be counted as cast in Election 2016 for President, Congress, the U.S. Senate, state and local contests as well as ballot measures and everything else. Much more detail than I can effectively summarize here. So, please give it a listen for yourself.

Near the end, however, with voting already under way in many states and Election Day just three weeks from today, Smith adds this important thought: "The one way we know for sure that your vote won't count is to not show up. And, whether or not you have full confidence in the voting system you're going to use, you still need to make the effort to make your voice heard."

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Please read the cover story of Politico Magazine today headlined "How to Hack an Election in 7 Minutes". Ben Wofford's excellent, comprehensive feature summarizes a great deal of almost 15 years of our work here at The BRAD BLOG. He focuses his piece on the core of computer science and cybersecurity experts initially working out of Princeton University back in 2005 or so, who have, since that time, gone on to publicly hack virtually every electronic voting system and tabulator still in use around the country (and even, looking forward, hacking at least one planned Internet Voting scheme.)

We've covered and/or broke the news about many of those landmark exploits, both here and on the radio, going back through 2005 or so. I don't have time to collect all the links here at the moment, but it's very nice to see so many of them rounded up so thoroughly in Wofford's piece.

The 8,500+ word article is far too detailed to adequately summarize, or even quote from in detail here. So please go pour a tall drink or cup of coffee (you may need several, there's a lot there) and go read about the "parabola of havoc and mismanagement that has been the fifteen-year nightmare of state and local officials", as he accurately describes it, following the horrifically misguided and ill-advised move to computerized voting and tabulation systems following the 2000 election. I suspect we've filed almost as many articles on this topic as Wofford has words in today's piece!

But there's one element of his piece I want to ring in on specifically, as I think it represents something a bit more encouraging from the computer scientists who are discussed in the report than I have seen over the years...

On today's BradCast, after great news on voting rights from a bunch of state and federal courts over the past week, and sudden concerns from the the Right, the Left and the corporate media about the possibility of stolen elections, the Dept. of Homeland Security is finally looking into taking action. [Audio link to today's program posted below.]

"We should carefully consider whether our election system, our election process is critical infrastructure, like the financial sector, like the power grid," DHS Secretary Jeh Johnson said this week. "There’s a vital national interest in our electoral process."

Years ago, I began reporting on the serious vulnerability of our election system to manipulation (and error) from both foreign and domestic sources. In 2006, for example, after helping supply computer security analysts at Princeton University with a Diebold touch-screen voting system for the first independent tests of such a machine, I reported both at The BRAD BLOG and at Salon that the analysts were able to hack into it, in about 60 seconds time, with a virus that would flip election results and pass itself from machine to machine with virtually no possibility of detection. That followed on an Exclusive series of 2005 reports from a Diebold insider who I called "DIEB-THROAT" at the time, describing how the company's lead programmers admitted that the security on their systems was terrible and that a branch of DHS had already warned, in 2004, about an "undocumented back door" in the systems.

In 2009, by way of just one more example, we reported here on remarks delivered to the U.S. Elections Assistance Commission (EAC) by CIA cybersecurity analyst Steven Stigall, describing how "wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to make bad things happen," before going on to note that the CIA became interested in electronic voting systems years earlier "after concluding that foreigners might try to hack U.S. election systems."

So, it is with some skepticism that I regard Johnson's remarks this week about finally taking action to identify our existing, vulnerable electoral system as "critical infrastructure". Is it too little, too late on the eve of another Presidential election? And is it even possible to protect the type of electronic vote casting and counting systems we currently use in our elections? And what does the designation as "critical infrastructure" actually mean any way?

I'm joined on today's program for some answers by Scott Shackelford, cybersecurity law and business expert from Indiana University and the Harvard Kennedy School's Belfter Center, to explain some of this, and to describe some of the ways in which the U.S. might expand existing international agreements to keep domestic elections from being tampered with by foreign powers. Shackelford, writes about the issue this week at the Christian Science Monitor in an op-ed titled "How to make democracy harder to hack."

"It definitely is too late at this point to wake up and get all 9,000 jurisdictions on board for November," he tells me today. "Maybe instead of focusing quite so much on driver's licenses [to prevent fraud] and making sure we have different IDs in some of these states, it would've been great to have put that focus a little bit more on cybersecurity. But that didn't happen."

For what it's worth, my answer, after more than a decade on this beat: No, it's not possible to protect the type of electronic systems we currently use without moving to what I describe as "Democracy's Gold Standard". But Shackelford offers several ways we can, at least, try to improve the situation and mitigate the current dangers, as well as some thoughts on why action has been so long in coming. "Elections do quite a bit to focus minds. It is unfortunate that we lose some of that focus in the aftermath of these elections," he says.

Also today, why the right to vote is so important, whether you like it or use it or not, and why, for me, at least, it's still about rights, not politics, some 52 years to the day after the bodies of civil rights activists Andrew Goodman, James Earl Chaney and Michael Henry Schwerner were found after being murdered in Mississippi for trying to help register African-Americans to vote in 1964.

And, finally, speaking of vulnerable, as deadly, climate-fueled extreme weather continues across the planet, Republican U.S. Senator Ron Johnson of Wisconsin, up for re-election this year against former Democratic U.S. Senator Russ Feingold, offers up some of the dumbest, most embarrassing, scientifically disproven and just out-and-out inaccurate arguments against taking action on climate change that he could possibly muster. All of that and more on today's BradCast...

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On today's BradCast, we expose a dangerous, deceptive new scheme to hoax California voters into allowing Internet Voting across the entire state. Plus, we discuss Obama's final State of the Union and take calls on all of the above.

First (after an official welcome to our newest affiliate --- the great am950 KTNF in Minnesota!), I explain the newly proposed California ballot initiative describing itself as the "Election Data Security & Military Ballot Access Act". The initiative is nothing of the sort. It is little more than a very well-financed and completely deceptive scam to force Internet Voting into the Golden State by describing it as something other than it is.

Rather than use the words "Internet Voting" or even "Internet" in any way, the 46-page initiative describes the proposed, dishonest new scheme as "electronically delivered vote-by-mail"!

Who's behind it? We still don't know. But it was submitted recently to the state Attorney General by the high-priced Sacramento law firm of Olson Hagel & Fishburn LLP and needs to be, at the very least, retitled before it ends up on the state ballot.

This is important even if you don't live in California! When it comes to voting systems, what happens here (where we have the most electoral votes in the nation) is often adopted by states across the country!

Election Integrity expert and advocate Jim Soper of CountedAsCast.org and the CA Voting Rights Task Force, joins us from the state capitol building in Sacramento to discuss the deceptive initiative and a similar (if somewhat less deceptive) legislative initiative sponsored by Democratic Assemblyman Phil Ting (San Francisco). The latter, happily, was killed in committee today, Soper reports.

He explains why the ballot initiative is so misleading, why Internet Voting is a horrific idea --- as virtually every computer scientist and security expert has demonstrated over and again --- and asks listeners to contact the CA Attorney General by Thursday, when the comment period on the initiative is supposed to end.

Please ask AG Kamala Harris to change the title of this scammy initiative before allowing it to be circulated for signatures! Comments on the "Election Data Security & Military Ballot Access Act --- Version 2", Initiative No. 15-0118, may be left here. Alternately, you may email your comment to the AG's office here or snail mail to: CA Attorney General, ATTN: Initiative Coordinator, 1300 I Street, Sacramento, CA 95814.

In the second part of today's show, we go on to cover last night's State of the Union Address, President Obama's last, including his call, once again, to correct our woeful electoral system.

Finally, we turn to listener calls --- and a lot of folks who want to talk about e-voting concerns --- before being joined by Desi Doyen with the latest Green News Report, including disturbing news on the new regulatory scheme that has now forced solar companies out of sunny Nevada.

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Today we covered two stories I've been trying to get to for a while on The BradCast, and they're both related.

The first is the story of the state lottery insider who hacked the system to "win" a $14 million jackpot --- begging the question: if a state run lottery with a multi-million dollar security system can't protect against insider manipulation, how can a local election official do it, particularly with Internet Voting systems that partisans and profiteers continue to push for?

The second also relates to the first. Computer science and security expert Jeremy Epstein of Virginia Verified Voting joins me to discuss the immediate decertification of 1/5 of Virginia's voting systems after a state analysis found what many of us had been warning about for years: the AVS WINVote system is so simple to hack that, Epstein says, if it hadn't already been hacked in the decade its been in use there, "it was only because no one tried."

A must-listen version of The BradCast, if I say so myself. Or you can wait until Halloween if you're looking for something really scary.

We also covered some encouraging economic news out today, and who to "blame" for it; Missouri Republicans overriding the Democratic Governor's veto to cut off public assistance to children and families; and what the NRA wants you to get mom for Mother's Day...

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While we post The BradCast here everyday, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

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Via KATV in Little Rock, Arkansas...

It's also "generally an issue" that occurs in Arkansas...on voting systems made by ES&S...year after year after year, as The BRAD BLOG has reported, continuously, over the past decade and as we quickly summarize below.

Are this year's votes flipping from R to D in Arkansas? From D to R? The story doesn't say, and, frankly, we're delighted about that. Because it doesn't matter!

Over the past decade or more, reports of touch-screen votes flipping from D to R have been far more common across the country, but it can go the other way as well (and/or to and from third parties). The point is that even when these god-forsaken 100% unverifiable electronic voting systems work as designed, there is still no way to know that any vote ever cast on one of them during an election for any candidate or initiative on the ballot was ever recorded as per any voter's intent!

As to the Pulaski County Election Commission's reported "plan" for dealing with this problem as they move forward between now and Election Day, it's a disaster in the making...

It occurred to me on the way over to the studio on Monday, when I was worried I might be running late, that if I didn't make it, Thom could just re-run the almost identical conversations we've had about virtually the same damn thing from back in 2012 or back in 2010 or back in 2008 or back in 2006, etc...

For much more on the above, please see these stories from Friday:

• "E-Votes Flip D to R in Texas, R to D in Illinois: More Trouble With Touch-Screens (2014 Edition)"
• "Touch-Screen Votes Flip 'No' to 'Yes' on Abortion Amendment to State Constitution in TN"

...and whatever other similar stories we may have to run between now and Election Day next Tuesday.

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