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Latest Featured Reports | Tuesday, September 17, 2019
Sunday 'What's Your Flavor?' Toons
If only we moved as fast to ban deadly AR-15s as we are now moving to ban life-saving nicotine devices. Just one of many ironies in PDiddie's latest weekly toon collection...
Progressive OG Bloggers Recap the Third 2020 Debate: 'BradCast' 9/13/19
Guest Host Nicole Sandler with Heather 'Digby' Parton and 'Driftglass'...
Taking to the Streets and Taking on the Media: 'BradCast' 9/12/19
Guest Hosted by Nicole Sandler with activist Joshua Potash and broadcaster Krystal Ball...
'Green News Report' 9/12/19
  w/ Brad & Desi
Global trade unions commit to Global Climate Strike on Sept. 20th; Parts of planet already warmed 2 degrees; PLUS: Prominent climate science denier departs the Trump WH...
Previous GNRs: 9/10/19 - 9/5/19 - Archives...
Dem Appears to LOSE Votes During Tally of NC09 Special Election 'Do-Over' Race? [VIDEO]
As more precincts come in, candidate totals appear to go down on MSNBC...
TX Gun Safety Advocates 'Startled' by Guv's Openness to Reform After Shootings: 'BradCast' 9/10/19
Guest: Ed Scruggs of TX Gun Sense; Also: Bolton out; Trump rallies for NC09 GOPer...
'Green News Report' 9/10/19
Trump's weather lies become NOAA crisis; Dorian death toll could be thousands in Bahamas; PLUS: Trump DoJ opens dubious anti-trust probe into automakers' CA deal...
A Month's Worth of News from the Last Three Days: 'BradCast' 9/9/19
(And we didn't even get to half of it!); Plus: Callers ring in on Dem Primary, L.A. County's new unverifiable touchscreen system, more!...
Sunday 'Category 5' Toons
Our prediction is that hot air on Hurricane Dorian won't stop after PDiddie's latest toon collection, which definitely hits Trump (and Alabama!) harder than anticipated...
'Cheeto Christ Stupid Czar' and Other Relevant Facts: 'BradCast' 9/6/19
Trump steals from hurricane-ravaged bases; Creepy Fox zombie; GOP scraps primaries; More House Rs quit; Musical happy ending...
'Green News Report' 9/5/19
Humanitarian crisis unfolding in Bahamas in Dorian's wake; PLUS: 2020 Dems dive deep in CNN's marathon 'Climate Crisis Town Hall'...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Democracy's need for lifeboats in the form of hand-marked paper ballots...
By Ernest A. Canning on 8/30/2019 9:35am PT  

Like those who took part in the ill-fated maiden voyage of the RMS Titanic as it blindly traversed the Atlantic, many American citizens are rushing headlong towards a pivotal 2020 election, unmindful of the potential for yet another e-voting catastrophe.

In 1912, in defiance of science, passengers and crew mistakenly believed that the Titanic was "unsinkable". In 2019, far too many Americans are either unaware of or have chosen to ignore repeated warnings from computer scientists. For many, the very idea that a Presidential selection could be the product of election fraud or failure in the form of undetectable, malicious manipulation or error of electronically tabulated ballots in disparate local, county and state-run election systems across an entire nation is simply unthinkable.

In 1912, ignoring the danger led to the deaths of 1,500 of the Titanic's 2,224 passengers and crew --- paltry numbers when measured against the threat to humanity's very survival that would be embodied in another four years of the Trump Administration's greed-over-science, anti-environmental policies.

Over the past two decades, the central problem for both computer scientists and election integrity advocates has not been the question as to whether all e-voting and electronic tabulation systems are vulnerable to manipulation via external hacks, mis-programming or malicious insider manipulations --- they are! Instead, they've been stymied by the near impossible task of proving that a given election result was fraudulent. That inability is occasioned by the fact that, in the absence of timely forensic access to the system, its ballot programming and its source codes, electronic theft is largely undetectable in any system that does not deploy hand-marked paper ballots.

While e-voting vulnerabilities to all manner of manipulation, as well as unintended programming errors, have always been present, both the threat of wholesale electronic theft and the dire consequences of that threat in 2020 have never been greater.

Fortunately, just as help for the surviving Titanic passengers and crew was just over the horizon in the form of the HMS Carpathia, democracy itself may be saved as the result of the valiant efforts by the Coalition for Good Governance ("the Coalition") to help compel the State of Georgia to conduct verifiable elections on hand-marked paper ballots. The help may not only save Georgia, but save the entire country, eventually, as evidenced by the extraordinarily well-informed 153-page ruling [PDF] that was recently handed down by U.S. District Court Judge Amy Totenberg…

--- Click here for REST OF STORY!... ---




Also: 2020 candidate shuffle; GA dodges voting system security test; L.A. County Clerk goes mum on new voting system; Much more...
By Brad Friedman on 8/22/2019 6:28pm PT  

On today's BradCast, we catch up with a grab bag of stuff, most of which doesn't have to do with Donald Trump's idiocy --- you're welcome --- but a lot of which has to do with what Americans need to do about him! [Audio link to full show is posted below.]

Among the many stories covered on today's program...

  • The front page of the New York Times now, officially, looks like a pre-2016 parody of what the Times might look like if Donald Trump were ever elected President;
  • Denmark still doesn't want to sell Greenland to the US. Why, after all, would its citizens want to give up "universal health care, free higher education, five weeks of annual paid vacation and 12 months of paid parental leave, subsidized childcare and more"? But the Premier of Greenland is, however, interested in buying the U.S.!;
  • Two-term WA state Governor Jay Inslee, the climate change candidate, drops out of the 2020 Presidential race, but accomplished quite a bit and will now run for a third term as WA Governor;
  • Former CO Governor John Hickenlooper, who dropped out of the Presidential contest a week or so ago, announces his run for U.S. Senate to take on vulnerable Republican Sen. Cory Gardner in an already very crowded field of Dems vying for the nomination. (But, ahem....hint, hint, O'Rourke, Castro and Bullock!);
  • And, on the Republican side of the aisle, "reformed" Tea Party Republican and former one-term House Rep. Joe Walsh appears set to announce plans to primary Trump from the right next year. If his recent, blistering NYTimes op-ed is any indication, in which he eviscerates Trump for, well, just about everything, he would be a welcome participant along with already-declared former MA Gov. Bill Weld and a few other potential GOP challengers that may be coming soon;
  • In more disturbing and much-less noticed news, 22 Texas towns have been simultaneously crippled by coordinated ransomware attacks that have shut down all computerized city services. The hackers are demanding some $2.5 million to restore services to the unidentified towns which may all have used the same private contractor for municipal IT services. The attack-via-contractor is reminiscent of the 2016 spearphishing attack on voter registration services vendor VR Systems as described in Robert Mueller's Special Counsel report. That attack appears to have resulted in penetration of voter registration databases in several Florida counties in 2016, and perhaps other states (such as North Carolina) serviced by the same private vendor.

    But, sadly, none of this has prevented states and counties around the country from moving swiftly to fully-computerized voting and tabulation systems, as well as computerized electronic pollbooks (all frequently serviced by a small group of private contractors) as we move toward the critical 2020 elections. If those any of those thousands of jurisdictions whose poling places now rely on such automated systems on Election Day --- often without paper backup for ballots or pollbooks --- were to be similarly crippled by a ransomware attack on or before Election Day, the result would be unimaginable chaos next year. But how likely is that, really? Why worry?;

  • Some voters in Georgia are, in fact, very worried, and justifiably so, about the state's newly certified, 100% unverifiable touchscreen voting systems now planned for first-time use in 2020. As we reported on the show a few days ago, those voters have invoked a little-known provision in GA's election code to demand a reexamination of the new systems which the state certified just weeks ago. The multipartisan voters charge Republican Sec. of State Brad Raffensberger violated state requirements in his initial certification, and failed to do any security testing at all. The Sec. of State's office now says the petitioners, who prefer state voters use verifiable hand-marked paper ballots systems, simply disagree with the "policy preferences" of the Georgia General Assembly and must pay the costs for the second examination themselves;
  • In similar-ish news here in Los Angeles County --- the nation's largest voting jurisdiction, which is also planning to move to new, 100% unverifiable computer touchscreen Ballot Marking Devices for the 2020 election --- the county's Registrar-Recorder/County Clerk Dean Logan is refusing to answer questions by voters on Twitter as to whether they will be allowed to vote on hand-marked paper ballots at the polling place this year. That has been a mandate by the CA Sec. of State for many years.

    Also, Logan has similarly failed to respond for several days to a generous offer by legendary Finnish cybsersecurity and voting systems expert Harri Hursti to examine the county's new, never-before-used-in-any-election BMD systems for security concerns. Hursti, the first to have hacked a Diebold voting system over a decade ago, runs the now-infamous annual Voting Village event at the DefCon hackers convention in Las Vegas --- where, year after year after year, enormous vulnerabilities are discovered in every voting system put before the attendees. Despite Hursti's offer, Logan has not responded to it via Twitter.

    Why has the previously communicative Logan gone so mum? He has been very outspoken on Twitter in the past, and still seems to have no problem citing L.A. Times stories about his new system there. (Perhaps because those stories shamefully fail to mention any of the many security and verifiability concerns about them, as cited by cybersecurity and voting systems experts.) Why is Logan, a long time, usually quite responsive and responsible election official no longer answering questions from his voters and media about such a huge sea-change in voting for some five million L.A. County voters?;

  • Finally, Desi Doyen joins us for the latest Green News Report on record wildfires from the Amazon to the Arctic, record Alaskan heat killing salmon in the rivers, Jay Inslee's exit and teen climate activist Greta Thunberg's imminent U.S. arrival...by solar-powered boat.

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

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Guest: Jeanne Devon of the AK Dem Party; Also: GA petition effort mandates new review of state's new unverifiable voting system...
By Brad Friedman on 8/19/2019 6:28pm PT  

On today's BradCast: A new petition effort to rename the block of Fifth Avenue in New York City where the Trump Tower is located after President Barack Obama has now gained nearly half a million signatures. It began as a joke, according to its author, but quickly caught on. While it's a brilliant, if unlikely idea, other, somewhat more important petition efforts --- with actual legal standing --- have recently caught fire over the past week or so as well. And the consequences of those efforts could be far reaching. [Audio link to today's show is posted below.]

First, in the battleground state of Georgia, where the Secretary of State has just selected an all new 100% unverifiable touchscreen ballot marking device (BMD) voting system for the state, which voters will be forced to use at polling places in 2020, was certified just a week or so ago in violation of the state's elections code, according to election integrity experts and opponents of Republican SoS Brad Raffensberger's $150 million new system made by Dominion Voting Systems of Canada.

Raffensberger's decision comes as a federal judge in Atlanta, just last week, found [PDF] the state's current 100% unverifiable touchscreen voting system to be "unsecure, unreliable, grossly outdated....seriously flawed and vulnerable to failure, breach, contamination and attack". So much so, that the judge also declared the old system be in violation of voters' right to have their votes counted as cast. As we discussed with one of the plaintiffs in detail last week, U.S. District Judge Amy Totenberg ordered the state to use a new, hopefully verifiable system in 2020. But the new system selected by Raffensberger may face a similar fate in federal court, as opponents vow to challenge it as well, while calling for hand-marked paper ballots instead.

In the meantime, however, more than 1,400 state voters, as of air time, have signed a petition demanding a reexamination of the newly selected system, charging that it was improperly certified in violation of the state elections code. Only 10 voters, according to GA state law, are needed to sign the petition to trigger such a second look, far fewer than the number of Georgia residents now demanding it.

And, at the same time, way up north in Alaska, another petition effort is rocking our nation's 49th state. In just two weeks, a multipartisan coalition has gathered more than 29,500 signatures calling for a recall of newly-elected Republican Gov. Mike Dunleavy. That is a thousand more signatures than required by law --- and a lot of signatures in such a short time, in a state with a population of only about three quarters of a million. The petitioners say they will continue to collect signatures through September 2nd. If this first step is successful, as appears likely, a second effort to get about 70,000 signatures will be needed to place the actual recall measure on the ballot.

The unprecedented effort comes as Gov. Dunleavy has attempted to implement radical cuts of some $443 million to the state budget, including $130 million --- or 40% of the state's budget contribution --- to the University of Alaska system. Also slashed was about $30 million for senior benefits, early learning funds and Alaska Legal Services. One of the most objectionable (and likely unlawful) attempted cuts was to the state's court system, a punitive measure in the exact amount of what the state currently spends on abortion services, meant as retaliation by the Republican Governor for the state Supreme Court having upheld a constitutional right in the state to abortion services.

And, all of this comes as Alaska is seeing record high temperatures and wildfires that have ravaged about two and a half million acres in the state this year amid our ongoing climate crisis, and as the President of the United States appears to have made a secret deal with the Governor to okay a controversial mining project on the pristine waters of the Bristol Bay watershed.

We're joined today by our old friend JEANNE DEVON, formerly known as "AKMuckraker" of the great Alaska blog The MudFlats. She now serves as Communications Director for the state Democratic Party and breaks down the details of the political tremors now reverberating in Alaska, including the fact that, while the state Democratic Party supports the petition effort to remove Dunleavy, they are not actually responsible for the effort. It is being brought forward by a coal baron, believe it or not, along with a longtime Republican legislator, the last living signer of Alaska's Constitution (a 95-year old Dem, pictured above), and the state's former independent Governor's Chief of Staff, among others.

The broad coalition, Devon explains, opposes Dunleavy for a host of reasons as the transplant from the "lower 48" does not appear to understand Alaska's values and how Republicans, Democrats and independents don't necessary operate on the same terms they do elsewhere in the country. For example, as we discuss, Alaska --- which has voted for the Republican nominee in every Presidential election since Lyndon Johnson --- is actually a socialist state, in that the fossil fuel companies who operate there are legally obligated by the state to send royalty checks to every man, woman and child each year.

"It's set up that way," Devon explains, because the resources are seen as being "owned communally by everyone in the state. We actually have written in our state constitution that our resources are to be developed 'for the maximum benefit of the people'." The result, she says, is that the people who live in Alaska own their own resources and receive a minimum basic income. Ideas that unleash shouts of "SOCIALISM! COMMUNISM!" by Republicans elsewhere, but not in Alaska for some odd reason, where the state relies, bigly, on those royalties from the fossil fuel industry. Devon notes the payments also serve to "keep 25,000 Alaska families out of poverty every year" and sever as "a huge influx of almost a billion dollars into the local economy."

As to the recall movement, she suggest that not only will petitioners successfully complete the first step, but that they are also likely to gather the 70,000 signatures needed in the second step to see the measure to remove Dunleavy placed on the ballot. "You do have folks that are Republicans, who are industry Republicans, business Republicans, who are conservatives but not ideologues in the way that Gov. Dunleavy is. He is coming from the point of view of really breaking government. And that is where the line is drawn. There is just a sense that he does not love the state, and he doesn't understand the state" as a native of Scranton, Pennsylvania.

In regard Dunleavy's attempt to punish the state Supreme Court, Devon argues "It's unconstitutional on so many levels. It's chilling that you can have a branch of government that not only will do their own calculations about the number of dollars that the state has spent on abortion, but will then line item veto just that amount from the entire court system as punishment. And then announce it, publicly, that this is what they're doing and why." With the help of a cold-hearted GOP operative by the name of Donna Arduin, hired by Dunleavy to slash the budget after similarly devastating cuts she made on behalf of GOP Governors in Kansas, Arizona and Florida, Devon explains that Dunleavy "even cut the money that would have earthquake-proofed children's libraries in schools, so that giant bookshelves won't fall on tiny children" in the earthquake prone state.

In our fascinating discussion today, Devon also explains what is known about the deal recently struck between Dunleavy and Donald Trump --- during a secret meeting at the state's airport in Anchorage --- that resulted in Trump's order to his EPA to reverse an environmental endangerment finding by the Obama Administration's EPA that had finally blocked the long controversial Pebble Mine project. The enormous and controversial planned gold, silver and copper mine, according to scientists, environmentalists and many other opponents in the state, will put the world's largest and most important sockeye salmon habitat in critical danger in and near Bristol Bay, causing what the EPA described previously as "irreversible loss of fish habitat". Devon describes it as"the largest wild sockeye salmon fishery on the planet. It employs almost 20,000 commercial fisherman. It feeds a region of indigenous Alaskans who have been surviving off of these fish for over 10,000 years. It's not only a food staple, but really an entire culture" that will be destroyed if the mine is allowed to be built.

Hope you'll tune in for today's important and must-listen conversation on the entire mess now consuming the great state of Alaska and how it might --- by the way --- also effect the 2020 Presidential election!...

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

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Guest: Plaintiff Marilyn Marks says landmark ruling finding Georgia's voting system unconstitutional is a victory for voters across the nation...
By Brad Friedman on 8/15/2019 6:10pm PT  

We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

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

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While we post The BradCast here every day, 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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Also: Cybersecurity firm was able to take over GA's 'entire' voter registration network; Lots of bad news for Trump and GOP in Congress...
By Brad Friedman on 8/2/2019 6:24pm PT  

Lots of bad news on today's BradCast for Trump and the Republican's in Congress as they head home for their long summer recess. And several astonishing followups to major voting-related stories we broke earlier in the week out of North Carolina and Georgia. [Audio link to full show is posted below.]

First up, several big stories out of Congress today, none of them good for the President or Republicans...

  • The GOP's only black U.S. House member, Rep. Will Hurd of Texas, says he won't run again in 2020. The stunning announcement Thursday night represents a huge pickup opportunity for Dems in a state slowing turning "blue", and just the latest in a quickly growing string of GOPers calling it quits in the House;
  • On Friday, Donald Trump abruptly pulled his 5-day old nomination of TX Rep. John Ratcliffe to become the nation's next spy chief. Ratcliffe, after attacking former Special Counsel Robert Mueller during hearings in the House last week, was tapped by the President to replace Director of National Intelligence Dan Coats, who publicly contradicted Trump on Russian interference in U.S. elections, Iran compliance with the landmark nuclear pact that Trump violated and pulled out of, and on the national security threat of climate change, among other things. Ratcliffe, however, was revealed to have had no previous intelligence experience, as required by statute for the DNI role overseeing the nation's 17 intelligence agencies, and was found to have lied about past claims to have prosecuted terrorists;
  • And, in more bad news for Trump on Friday, a majority of House Democrats have now publicly called for an official impeachment inquiry of the President. CA Rep. Salud Carbajal became the 118th out of 235 House Dems to publicly call for an inquiry to begin. With the majority of her caucus now supporting impeachment proceedings, it remains to be seen if House Speaker Nancy Pelosi will finally modify her current position to allow Dems only to "legislate, investigate and litigate". House Judiciary Chair Jerry Nadler recently filed a court motion seeking grand jury information from the Mueller investigation which, for the first time, referenced a need for the documents due to Congressional consideration of impeachment proceedings.

Then, several (occasionally amazing) follow-ups to stories we broke earlier in the week regarding the citizen-led fights for publicly overseeable elections and hand-marked paper ballots in two key swing states.

First, on Tuesday's program we detailed what appeared to be a "win", if a short-lived one, by election integrity advocates in North Carolina, after they'd convinced the state Board of Elections, in a 3 to 2 vote, to adopt a resolution effectively blocking the certification of a 100% unverifiable computer touchscreen Ballot Marking Device made by ES&S, the nation's largest (and sleaziest) private voting vendor. That vote, if finalized next month, would likely result in hand-marked paper ballots across the entire state in next year's crucial Presidential election. The powerful ES&S is currently the only voting system vendor certified to do business in the closely divided battle ground state.

But, in reporting that story on Tuesday, we also broke the news that one of the three "yes" votes on the resolution blocking ES&S, Republican David Black, had changed his mind, leading to a new meeting --- and a revote on the resolution --- called for Thursday. Black's reversal would mean a 3 to 2 vote in FAVOR of ES&S' new, 100% unverifiable touchscreen systems for counties currently serving some 2.5 million voters whose current, older 100% unverifiable touchscreen voting systems are set to be certified, by state law, at year's end.

But, a funny thing happened before the Thursday revote, after the state Board's Chairman, Democrat Robert Cordle --- who had voted against the resolution on Monday --- told a wildly inappropriate joke to open a state conference of some 600 election officials. He was subsequently forced to resign by the Governor, resulting in Thursday's re-vote becoming a 2 to 2 deadlock, leaving the initial vote, which could lead to hand-marked paper ballots for all NC voters, in place.

There will be yet another vote --- the formal vote on the resolution --- on August 23rd, when whoever Democratic Gov. Roy Cooper names as the new Chair to the beleaguered 5-person Board, will be able to cast the decisive vote to determine if the key swing state will have verifiable elections in 2020 or not. And, yes, we share the "dirty joke" in question, about a woman and a cow, on today's program;

Then, we also have a follow-up to a story we broke on Monday's BradCast, regarding the federal lawsuit seeking to ban Georgia's 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots before the 2020 Presidential election. On Monday, plaintiff Marilyn Marks of the Coalition for Good Governance, joined us on the show to describe a revelation from a court hearing latest last week in which a witness from Georgia's Sec. of State's office revealed that all voting machines across the state in 2018 were programmed, without oversight, by three independent contractors working for ES&S out of their garages, using unsecured home WiFi.

Last night, the UK's Guardian picked up the story about the state's fully-outsourced elections, confirming our reporting from earlier in the week and adding a number of additional disturbing details. Among those new details: Georgia's entire voter registration system was similarly outsourced to a private company which even contractually disallowed the Sec. of State's office from having access to the network. More alarmingly, however, as the Guardian's Jordan Wilkie reports, during security penetration tests, a third-party (fourth-party?) cybersecurity company contracted by the state, found that it was able to "take over the entire network". Moreover, in November of 2018, a year later, in a second round of testing just before last year's midterms, many of the vulnerabilities discovered during the initial test remained unresolved.

Until last week's hearing, when much of this information was revealed on the stand for the first time during questioning of the Sec. of State's chief information officer, the state had completely misled the federal court about all of the above and more.

Finally today, some very grim news out of the Arctic, where Greenland, over the past week, has gone through an extraordinary melt event, with record high temperatures --- 10 to 30 degrees above the normal average --- resulting in the loss of some 10 billion tons of ice over the past day or two, with nearly 200 billion tons of water pouring into the Atlantic Ocean during the month of July. How's that for a cheery way to end the week? You're welcome!

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Gilroy, CA festival shooting tied to white supremacy, Trump's stochastic terrorism...
By Brad Friedman on 7/29/2019 6:07pm PT  

We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

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Guest: Will Bunch of Philly Inquirer/Daily News; Also: Trump blows up both federal deficit AND foreign trade deficit; House Dems seek vote suppression docs from GA's GOP Governor, Sec. of State...
By Brad Friedman on 3/6/2019 6:39pm PT  

On today's BradCast, the heat continues to grow on the Trump Administration, as Democrats ramp up their oversight efforts after taking back a majority in the U.S. House. But, with another Presidential election around the corner, should they already be pursuing Articles of Impeachment, particularly with what we already know about Donald Trump's unprecedented crimes and corruption both before and after becoming President? [Audio link to full show follows below.]

But, first up today...A new report from Donald Trump's U.S. Treasury Department on Tuesday confirms that the Trump/GOP tax cuts have blown up the federal deficit to record levels. In the first four months of the budget year (which began in October) the deficit is up an astonishing 77 percent over the same period the previous year, thanks in no small part to a vast reduction in revenue on the heels of the tax cut, including a 23 percent drop in corporate taxes paid to the Government compared to last year. So much for the Republican repeated lie that their tax cuts would "pay for themselves!"

Then, on Wednesday, the Commerce Department followed up that news with the announcement that the foreign trade deficit has exploded, even after Trump's "American First" tariffs and trade wars that were supposed to shrink the imbalance with foreign nations that Trump has long (falsely) blamed for the loss of American manufacturing jobs. As a candidate, he described the U.S. foreign trade deficit as a "politician-made disaster" that he said he could "turn around fast". But his tariffs have only made things worse.

Moreover, as recently as this past weekend at CPAC, he repeated his line about "billions of dollars...pouring into our Treasury" due to his new tariffs on imported goods, but failed, as usual, to mention that those "billions" are paid by American consumers, not foreign nations. A recent study [PDF] found Americans are footing the entire bill for Trump's tariffs and that it is costing more for those in Republican-leaning counties. A separate study [PDF] from a different set of economists found that if Trump's tariffs somehow resulted in the creation of 35,000 new manufacturing jobs (the total number of jobs lost in the steel and aluminum industry over the past decade) they would still have cost tax-payers $195,000 per job.

Those, of course, are just some of Trump's failures as President. His high crimes and misdemeanors are another matter. With Democrats back in the majority in the U.S. House, oversight of the Executive Branch is finally beginning again. Trump and the White House and their TV operation called Fox "News", describe the Constitutional mandate oversight as a "fishing expedition", a "disgrace" and "PRESIDENTIAL HARASSMENT!" But, citing the House Judiciary Committee's request for documents from over 80 Trump associates or entities this week, our guest today, longtime Philadelphia Inquirer/Daily News national columnist WILL BUNCH, describes the effort as a "shadow impeachment".

He tells me the effort now underway in the House is "exactly like" the process we would see if Articles of Impeachment had already been introduced, but without Democrats having to use "the i-word". But will that process be enough to bring accountability, much less put the brakes on this out-of-control, unprecedentedly corrupt Presidency? Especially with the next Presidential election already baring down on us? A "shadow impeachment" that could become a real one is fine, but shouldn't we have a real one already? We discuss those questions and many others with Bunch on today's program.

Finally, speaking of long-overdue and much-needed federal oversight. Democratic leadership in the House Oversight and Reform Committee today sent letters [PDF] to Georgia's new Republican Governor and former Sec. of State Brian Kemp, along with new Sec. of State Brad Raffensberger, seeking documents surrounding the massive vote suppression that tainted Kemp's reported narrow victory in the Governor's contest over Democrat Stacey Abrams last November. Among the documents sought by the House Dems in their new investigation are those related to Peach State government actions to purge voters (1.4 million were removed from the rolls during Kemp's tenure as SoS), shut down polling places (200 have been closed since 2012); keep newly-registered voters off the rolls (the registrations of 53,000 disproportionately black voters were suspended under the state's so-called "exact match" requirement); the "sequestration" of un-deployed voting machines (which resulted in long lines on Election Day in three key counties); and other related concerns over which Kemp was sued (and lost) countless times while overseeing his own election last year.

All of that as both Kemp and Raffensberger are pushing hard this week to hoax state lawmakers into voting to spend at least $150 million on new, unverifiable touchscreen voting systems. Republicans are rushing through legislation this week in the state Senate to purchase the new computer-marked "paper ballot" systems, despite being virulently opposed by computer cybersecurity and voting machine experts who describe the new systems as unverifiable [PDF], unauditable [PDF] and vulnerable to hacking [PDF]. The experts recommend hand-marked paper ballot systems instead.

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Guest: Election expert Marilyn Marks; Also: CO's Hickenlooper is in; Tornado kills 23 in AL; Trump to end military exercises in Korea; House Judiciary Dems demand docs from over 80 Trump associates, orgs...
By Brad Friedman on 3/4/2019 6:33pm PT  

The fight to block brand new, unverifiable (and, of course, hackable) voting systems continues as election officials in a number of jurisdictions (including some key Democratic-leaning ones) are rushing to implement them despite unambiguous warnings from experts and as the national media (after years of our own warnings) have finally begun to take notice.

But first, very quickly, some of the many news headlines from the weekend and today covered on today's BradCast. [Audio link to full show is posted below.]

  • Former Attorney General Eric Holder announces he is not running for the 2020 Democratic Party Presidential nominee, but Colorado's two-term Governor and self-described "extreme moderate" John Hickenlooper declares that he will be joining the crowded field of mostly U.S. Senators;
  • Bizarre extreme weather across much of the U.S. as one or more mile-wide "monster" tornadoes flattened parts of Beauregard, Alabama on Sunday, killing at least 23, including a still-unknown number of children, with dozens still missing;
  • NBC reports the Pentagon is set to announce the U.S. is permanently ending annual large-scale joint-military exercises with South Korea and Japan following Donald Trump's failed summit with North Korean dictator Kim Jong-Un. The U.S. is, apparently, receiving no concessions from the North in return;
  • Rand Paul became the fourth U.S. Senate Republican to say he will vote to block Trump's "national emergency" declaration, which diverts money military construction money allocated by Congress in order to build a southern border wall instead. Paul's vote, along with Democrats and a handful of other Republicans who have said they will also vote against Trump, would be enough for a majority in the Senate to pass the bill already adopted by the House. Donald Trump, however, has vowed to veto the measure;
  • And, in far more embarrassing news for the President today, the U.S. House Judiciary Committee --- where any possible impeachment hearings would begin --- has requested a host of documents from more than 80 Trump officials, family members and organizations as it investigates impeachable issues of obstruction of justice, corruption and abuse of power by Donald J. Trump;

Meanwhile, our years-long attempt to wave a large, bright red warning flag regarding U.S. elections, especially in advance of 2020, continues today. But, over the weekend, I'm happy to say, we received a bit of help, finally, from the national media as Politico's Eric Geller ran a feature article summarizing some of the many warnings (see here [PDF] and here [PDF], for example) from cybersecurity and voting systems experts inveighing against new, touchscreen computer Ballot Marking Devices (BMDs) now being adopted or considered by jurisdictions around the country, including Georgia, Delaware, Philadelphia and elsewhere (including counties in Texas, Ohio and even here in L.A. County, the nation's largest voting jurisdiction.)

Officials are now rushing to adopt the new systems in advance of the 2020 Presidential elections. That, despite the mountain of evidence demonstrating that BMD systems cannot be reliably audited [PDF] after elections and will result in elections as faith-based and hackable-without-probability-of-detection as those on many of the older touchscreen systems they will be replacing. The boondoggle is set to be a bonanza for the private voting machine vendors, however, which stand to make hundreds of millions by forcing all voters at the polls to use unnecessary electronic systems, rather than much cheaper, verifiable, hand-marked paper ballot systems tallied by optical-scan computers or counted by hand.

Nowhere has the fight against these dangerous new systems been more contentious than in Georgia, where the state House has already voted, mostly along party lines, to move to the systems and as lawmakers in the state Senate are now on the brink of adopting the same bill, HR-316, as well. The measure would grant at least $150 million for the purchase of electronic touchscreen systems that produce an unverifiable, bar-coded (not human-readable), computer-marked "paper ballot" summary card which is no more verifiable than their 17-year old, oft-failed, easily-manipulated paperless touchscreen voting systems.

But, never mind that. The state's new Republican Governor and former Sec. of State (and infamous vote suppressor) Brian Kemp has long been pushing for such systems, as is his new successor, Republican Sec. of State Brad Raffensberger. A former official from ES&S, the nation's largest voting machine company, which will likely receive the contract to replace all current voting systems in Georgia, is also now said to be serving as Kemp's Deputy Chief of Staff.

We're joined again today by election integrity champion MARILYN MARKS of the non-profit Coalition for Good Governance with an update on the latest status of the battle in Georgia, where a Senate sub-committee held a brief hearing on HR316 on Monday. Marks, a registered Republican herself, reports in on the Peach State's partisan divide in this battle, with most Democrats and members of the public coming down against the new unverifiable systems and most Republicans and election officials pushing for them, contrary to the unwavering advice from cybersecurity and election experts offering a large and growing body of documented facts detailing the dangers of computer-marked BMD systems.

When I ask Marks how state lawmakers could possibly approve these systems, given all that is on the public record against them, she tells me: "They are working in a fact-free environment right now...The Republicans are rushing this through so fast. They know that this stinks to high heaven, that there is no logical reason anybody would choose this over hand-marked paper ballots, when the technology is so uncertain, the price tag is enormous, and no one will take time to let the experts speak" at public hearings.

"It's absurd, but right now they don't care about the facts," she insists. "They don't care about the money, either. The numbers that the are throwing out --- $150 million dollars --- the thing is going to cost far more than that, it's clear. Their numbers are wildly off. They are rushing headlong to do this deal --- the facts, the voters, be damned."

Why? Well, we discuss that --- and what you can do about it --- on today's program. But I will note, that Marks tells me that many other jurisdictions followed Georgia after they adopted touchscreens back in 2002. She feels that is likely to happen again now. "So, this is important to try to stop this here. Conversely, if we stop it here, then in a lot of other places, they will look really hard. If Georgia turned it down when they were this close, then I think it will help stop it in other places." For now, however, unless something changes, it's looking more and more like Georgia voters are about to be saddled for another whole bunch of years of election results that can never be verified as accurate. Unfortunately, they won't be the only ones...

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Guest: Election expert Marilyn Marks on GA 2018 Lt. Gov. election contest as state moves to unverifiable barcoded ballots; Also: FL 2020 GOP power-grab update; IA Repubs vote to NOT count absentee ballots...
By Brad Friedman on 1/29/2019 6:50pm PT  

No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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Trump tariff idiocy; Runoff results and an election contest in GA; Good news in Little Rock, AR; More on NC-9's GOP election fraud scandal; WI Republicans muscle through their brazen power grab...
By Brad Friedman on 12/5/2018 7:10pm PT  

Given many of the stories covered on today's BradCast, it's beginning to feel more and more each day like the GOP is a party in its death throes. Of course, rumors of that death have been greatly exaggerated in the past. [Audio link to show follows below]

Among the many stories covered on today's program...

  • The stock market was closed today in observance of a national day of mourning declared for President George H.W. Bush, whose funeral ceremony was held on Wednesday at the National Cathedral in D.C. The market closures may prove to have been a good thing, given that the Dow plummeted some 800 points on Tuesday after it became clear that Donald Trump and his Administration had lied over the weekend regarding a deal with China to avoid more tariffs on Chinese imports. During a Twitter rant that helped send the markets plunging, Trump appeared to reveal once again that he has no idea what tariffs actually are. He seems to believe they involve foreign countries paying money to the U.S., rather than an actual tax on American consumers. Is it conceivable that he really does not understand this by now? Or is he just continuing to play his supporters for chumps? We discuss;
  • In Georgia's runoff election for Secretary of State on Tuesday, Republican Brad Raffensperger has declared himself the winner over Democrat John Barrow, in a race that will have serious repercussions for the 2020 Presidential election in the trending-"blue" southern state, where voter suppression and 100% unverifiable touchscreen voting systems created havoc in the 2018 Gubernatorial race said to have been won by GOP Sec. of State Brian Kemp. Raffensperger has called for new 100% touchscreen systems that create unverifiable computer-marked/barcoded ballot summary cards. Barrow, who is waiting for late absentee ballots to actually be tallied, has called for the only system of voting that is actually verifiable by the public after an election: hand-marked paper ballots.

    At the same time, the state's largest newspaper, the Atlanta Journal Constitution, has finally noticed the wildly anomalous undervote rate from the November 6th general election in the Lt. Governor's race, as only seen in the unverifiable touchscreen results, not on the vote-by-mail paper absentee ballots. Last week, we discussed these concerns with plaintiff Marilyn Marks of the non-partisan Coalition for Good Governance. Two weeks ago, Marks filed an election lawsuit contesting the results of the Lt. Governor's race. She and other plaintiffs are seeking a first-of-its-kind post-election forensic audit of the state's voting systems in light of the seemingly inexplicable undervote numbers;

  • But there was some good news from Tuesday's runoffs as well. In Little Rock, Arkansas, where, six decades after angry white mobs protested the integration of nine black students at the Little Rock Central High School in 1957, the town will now have its very first elected African-American mayor!;
  • In North Carolina, new details continue to emerge from the intensifying GOP absentee ballot election fraud scandal which has prevented the certification of Republican Mark Harris' purported 905-vote "win" over Democrat Dan McCready in the 9th District U.S. House race. A second woman has now come forward to allege that she was paid to unlawfully collect absentee ballots by McCrae Dowless, a former felon contracted by Harris in Bladen Country and, as discussed today, by the Bladen County Sheriff Jim McVicker. The GOP Sheriff has deleted his campaign webpage on Facebook and refuses to comment after he was found to have paid thousands of dollars to Dowless along with Harris.

    A top Democrat in the U.S. House has now suggested that "Republican operatives stole" the House seat and cites the silence from the Trump Administration about it. "LOCK THEM UP," quipped new House Democratic Caucus chair Hakeem Jeffries (D-NY) on Tuesday. Rep. Seth Moulton (D-MA) has now called for a new election and, on Wednesday, he was joined in that call by the editorial board of The Charlotte Observer, the state's largest newspaper.

    (For my part, I'm just happy that at least some in the media reporting on this have finally noticed they were previously misreporting on it as a "voter fraud", rather than election fraud, scandal, even though voters are accused of having done nothing wrong here. In fact, they are the ones who appear to have been defrauded in this matter by GOP insiders! Happily, the Washington Post removed three references to "voter fraud" in one of their stories after my complaints last week.)

    All of that, even as Republicans in the state's legislature continue to jam through a polling place Photo ID voting restriction during the lame duck period before they lose their supermajority in the upcoming new session, along with their ability to override a veto from the state's Democratic Governor. The Photo ID measure, which they've been trying to adopt for years, claiming it necessary to prevent "voter fraud", did not, until today, apply to absentee voting --- where actual fraud clearly exists;

  • Finally today, speaking of lame ducks, the GOP-gerrymandered and controlled state legislature in Wisconsin worked, literally, all night to jam through a bill aimed at stealing power from incoming Democratic Governor Tony Evers, incoming Democratic Attorney General Josh Kaul and from the state's voters who elected Democrats for every statewide office in November. Adopted by party line votes in both chambers as the sun rose today after another all-night session, Republicans hope GOP Gov. Scott Walker will sign the measure before leaving office after the first of the year. Walker, who was rejected by voters last month, has said he planned to do so.

    As we discussed on yesterday's program, the outrageous GOP power grab in WI mirrors a similar coup by the NC legislature in 2016 after a Democrat was elected as Governor in that state. Republican lawmakers in Michigan are also considering similarly desperate measures before Democrats take over as Governor and Sec. of State in that state next month. All in all, the desperate power grabs by GOPers around the country do not suggest a healthy party but, rather, one that may well be revealing its political death throes.

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Guest: Plaintiff Marilyn Marks; Also: Abrams files federal vote suppression suit in GA; Dem takes unexpected lead in CA U.S. House race...
By Brad Friedman on 11/27/2018 6:26pm PT  

On today's BradCast: Another U.S. House race flips (unexpectedly) from "red" to "blue" as California continues to bother to count ballots, and two lawsuits are filed in Georgia following the November 6th midterm elections, including one that seeks to overturn a major statewide race due to a seemingly inexplicable failure of the state's touchscreen voting machines. [Audio link to full posted at bottom of article.]

First up: Shortly after we got off air on Monday, AP and a host of other news outlets began retracting their previous calls for the incumbent Republican Rep. David Valadao in California's 21st Congressional District election after Democrat T.J. Cox took the lead for the first time since vote-counting began on the night of the November 6th midterms. Cox is now reportedly up by just 436 votes over Valadao with more than 110,000 tallied so far, in a district easily won by the Republican with a wide margin in 2016. If Cox' lead holds, as appears likely, the Democratic midterm "blue wave" is now on track to pick up a full 40 seats in the U.S. House this January.

In the meantime, Stacey Abrams, the Democratic gubernatorial candidate in Georgia gave up her hopes of defeating Republican Secretary of State and champion vote suppressor Brian Kemp over a week ago. But today, her new organization, Fair Fight Georgia, filed a federal lawsuit against the state over suppressive tactics and for paper ballots for all voters in future elections. She was then hectored by CNN's Jake Tapper about whether she believed Kemp's victory as Governor-elect was "legitimate". (It wasn't, as she suggests in her answers.)

While Abrams' complaint does not seek to overturn the Governor's race in Georgia, a separate lawsuit was filed on Friday -- the last day possible for a 2018 election contest in the state --- by the Coalition for Good Governance seeking to toss out the results of the Lieutenant Governor's contest. The central basis for the suit is the virtually inexplicable residual vote count (ballots where no vote was recorded) in the race. The anomaly occurs only in the Lt. Governor race, and only on votes cast via the state's 100% unverifiable touch-screen voting systems. Residual vote counts are as expected from hand-marked paper absentee and provisional ballots in the same race.

We're joined by plaintiff MARILYN MARKS, the Coalition's Executive Director, who explains how the undervote rate for Lieutenant Governor is far higher --- almost twice the rate --- than in contests that were much lower on the ballot, such as for Agriculture or Insurance Commissioner. The residual vote rate was also much higher than it was in the Lt. Governor's race during the 2014 election, when it was roughly along the lines of all the other races on the ballot that year.

"There was no meaningful drop-off at all if we just look at paper ballots. If you look at the mail-in ballots and provisional ballots, there was virtually no drop-off," Marks says. "So what this tells us is that the undervote is related only to the machine. Now please explain that!"

Marks, who says her group has obtained affidavits from voters who charge that a problem with the touchscreens prevented them from voting in the Lt. Governor's race, describes the potential explanations for this anomaly and suggests the suit may lead to an unprecedented forensic examination of Georgia's easily-hacked, oft-failed, unverifiable, Diebold touchscreen voting machines. Moreover, she notes, thanks to an earlier suit filed in federal court before the election, seeking to replace the state's touchscreens with hand-marked paper ballot systems --- the judge found the Diebold touchscreens unverifiable and dangerously insecure, but allowed their use for one more election anyway --- will be very helpful in illuminating the concerns outlined by the new complaint.

"There were innumerable reports of voters who didn't have this race show up on their electronic ballot," she tells me. "Some people in fact did find it on their review screen. For many voters, apparently, that's the first time they saw the Lt. Gov. race. In many cases, apparently, when they got to the review screen, staring at it, trying to get ready to make a correction --- without even touching the screen --- it automatically cast the vote and the message came up 'Thank you for voting, your vote was cast.'"

The state recently certified Republican Geoff Duncan as the winner over Democrat Sarah Riggs Amico by nearly 3.5 points in the race for Lt. Governor. In Georgia, the state's second highest executive official also serves as President of the state Senate, determining which initiatives are to be taken up for debate and possible passage by state lawmakers. Marks, a Republican who runs the non-partisan organization, also details her concerns that evidence of programming failure or manipulation from November 6th may have been destroyed, in apparent violation of Georgia's own election rules, when the machines were recently reprogrammed for the state's December 4th runoff elections for Secretary of State and Public Service Commissioner.

"They are absolutely violating their own law," says Marks. "Not only did we need those machines preserved for our court case --- the [separate] election security case that's in federal court --- but also we certainly need them in this new case that challenges the election results for the Lt. Governor's race. [We] said to the Sec. of State: 'Your rule, your own election code, says they cannot touch these machines, the internal memory, for one month if there is no election contest pending. Now there is an election contest pending. Obviously they are needed as evidence and the Secretary is continuing to take the position that over-writing the data, uploading new ballot programming for the Dec. 4th runoff, and putting these machines in unsecured voting places somehow does not make the internal memory data at risk."

On the topic of the GA SoS runoff next week, Marks also notes that the Democratic candidate John Barrow is strongly in favor of hand-marked paper ballots, where the Republican, Brad Raffensperger, is calling for unverifiable computer-marked/barcoded ballots instead.

All of these matters, including Abrams own lawsuit filed today, offer a chance for us to discuss the necessity of challenging insecure, non-overseeable voting systems before elections rather than after, which Democrats, she charges, failed to do this year in Georgia.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with special coverage of the federal government's landmark National Climate Assessment released by the Trump Administration on Friday after Thanksgiving in hopes that few would notice its devastating warnings about the climate change threat to both the environment and the nation's economy...

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

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Guest: Slate's Mark Joseph Stern with legal insight on a fire hose of news, from Ivanka's emails to Whitaker's appointment to Trump's trouble in court to encouraging midterm push-back against partisan gerrymandering...
By Brad Friedman on 11/20/2018 6:43pm PT  

On today's BradCast, we fly through a mountain of incoming stories (with the help of a great guest!) as the news gods seem to be unleashing a tidal wave in advance of the Thanksgiving Day holiday. [Audio link posted below. Buckle up before clicking.]

Among the ridiculous number of stories covered today...

  • Five are dead after three shootings in three different states over the past 24 hours;
  • Despite warning of an "invasion" on the U.S. southern border by a migrant caravan from Central America prior to the midterm elections, now that the elections are done, the Trump Administration is reportedly withdrawing more than 5,000 military troops they had deployed to the border just weeks ago;
  • The President's daughter and senior adviser Ivanka Trump reportedly sent hundreds of government related emails via a private email server over the course of 2017 in the months following her father's election in which he repeatedly called for his opponent, Hillary Clinton, to be "locked up" for doing the same thing. Ivanka's husband, Jared Kushner, also a senior adviser to Trump, reportedly used the same private server for government-related communications.

On the election results front...

  • Republican Rep. Will Hurd has reportedly squeaked out a victory over Democratic challenger Gina Ortiz Jones in Texas' 23rd Congressional District. The contest was among a handful of still-undecided races;
  • At the same time, Democrat Ben McAdams appears to have pulled back into the lead over GOP Rep. Mia Love in Utah's 4th Congressional District, where it now appears McAdams will be the victor by fewer than 700 votes out of some 270,000 tallied, flipping yet another U.S. House seat from "red" to "blue". The final margin is reportedly 0.258%, just above the 0.25% that would have allowed Love to request a recount in the otherwise ruby "red" state.
  • When the few remaining undecided U.S. House seats are called, Democrats appear on track to have picked up an extraordinary 39 seats in their "blue wave".
  • One of the three still-undecided House races is in Georgia, where this year's Libertarian candidate for Sec. of State has now endorsed Democratic candidate John Barrow in the upcoming December 4th runoff against Republican Brad Raffensperger to replace GA's vote suppressing Sec. of State, now Governor-elect Brian Kemp;
  • In Wisconsin, Democrats won every single statewide race on November 6th, including Governor (unseating Scott Walker) and U.S. Senate. They also outvoted Republicans in State Assembly races by 8 percentage points, 54 to 46 percent. Nonetheless, thanks to the GOP's extreme partisan gerrymandering in the Badger State, Republicans will hold 63 seats to the Democrats' 36 in the new Assembly;

The great (and newly wed!) MARK JOSEPH STERN, legal journalist at Slate, joins us to discuss how voters pushed back against gerrymandering this year by approving ballot initiatives --- and other measures --- in several states on November 6th, in an attempt to restore fair(er) elections in the wake of the U.S. Supreme Court opting to not strike down partisan gerrymanders as unconstitutional in states such as Wisconsin and North Carolina earlier this year. Among the many other issues we fly through with Stern today, on which he offers his as-always cogent legal insight...

  • Ivanka and Hillary's email issues (Stern hopes a Democratic House investigation will result in real reform to the "arguably improper" if not unlawful use of private email by officials like Trump and Clinton, though not in the opportunistic political fashion that GOPers previously dealt with the issue);
  • Trump's appointment of GOP operative Matthew Whitaker as Acting Attorney General (which Stern describes as blatantly "illegal" and, he believes, very likely to be struck down by the Courts). He also describes the DoJ's legal defense of the maneuver as "laughable";
  • A federal court on Monday night blocked the Trump Administration's new regulation denying asylum claims by immigrants who fail to present themselves at a port of entry (Stern explains the judge found the Administration's new rule to be in strict violation of federal laws, and predicts that even Chief Justice John Roberts, based on similar rulings he made against the Obama Administration, will be forced to agree when the case reaches SCOTUS);
  • The decision by a Trump-appointed federal judge to order the White House to restore press credentials to CNN's Jim Acosta (Stern is impressed with the Trump judge's anti-Trump ruling, I remain a bit more skeptical);
  • And how (and why) Trump's controversial new Justice Brett Kavanaugh has, so far, laid low by not yet fuly tossing in with the Court's nihilist right-wing caucus.

Finally, Desi Doyen joins us for our latest Green News Report as the catastrophic wildfires continue to burn in California, Trump shows up to make things worse, and a coming turn in the weather signals both good news and bad for firefighters and recovery workers amid the record disaster...

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

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