Unfortunately, this "programming error" being reported during today's off-year elections in Pennsylvania is hardly the first time that these terrible touchscreen voting systems made by ES&S and shamefully still used in Northampton County --- just outside of Philly --- have failed during a critical election day.

As reported this morning by the Lehigh Valley News...

This is only "relatively minor" for those who continue to support using unverifiable, computerized touchscreen voting systems rather than simple, verifiable, hand-marked paper ballots, which appear to have saved the day here (hopefully), in any case...

Today on The BradCast: Why I'm quickly becoming a single-issue voter and you should too. [Audio link to full show follows this summary.]

It's getting easier and easier by the day --- as Trump's Republican Party completes its transition to full-on autocracy --- to make my choices for next year's general election before I even know who will be running. If a candidate is pro-democracy and running against a pro-autocracy candidate, I'll choose the one who supports democracy every time. It's simple.

It's not a partisan issue either. If there is anyone left within the Republican Party willing to support democracy and oppose authoritarianism, I'm happy to examine the rest of their record and consider voting for them. The way things are shaking out, however, I'm not sure where I would find such a Republican candidate, all of which is discussed in varying degrees of detail on today's program.

Among the many stories today that help illustrate what I believe will be the single most defining issue in American elections for the foreseeable future...

• A Township Clerk in Michigan is stripped of his election administration duties after being one of 16 people indicted this week for defrauding the state by pretending to be a "duly elected" elector after the 2020 Presidential election. Each of the 16 Republicans are charged with 8 criminal counts related to conspiracy to commit election forgery. Each charge carries a penalty of anywhere from 4 to 14 years in prison. While they all deserve punishment, I especially hope they throw the book at the longtime, elected Shelby Township Clerk Stan Grot, who violated the trust of the people he serves, who definitely understood what he was doing wrong, and that Donald Trump did not win Michigan's 2020 election.

• While GOP election officials are violating election laws (Grot is not the only one), the Republican lawmakers are otherwise working hard to prevent (certain) people from voting at all. Happily, a U.S. District Judge in Florida recently blocked a new state law that prevented certain former felons and non-citizens from participating in voter registration drives. The judge found the measure, signed by Gov. Ron DeSantis, to "reduce individual rights to ashes" in violation of the U.S. Constitution.

• Meanwhile, Republicans in the U.S. House are attempting to force similar measures on all 50 states, reducing states rights to ashes (despite long pretending to care about them, but only in certain, very specific circumstances). Their newly introduced measure is called The American Confidence in Elections Act. It makes it more difficult for many to vote, easier to cheat, and easier for millionaires and billionaires to further purchase American elections. Contrast that with two Democratic voting and election reform measures being reintroduced --- the Freedom to Vote Act and John R. Lewis Voting Rights Advancement Act --- which would, among other things, make it easier for legal voters to cast their votes, provide support for election workers, regulate dark money in elections, ban partisan gerrymandering, revive portions of the Voting Rights Act gutted by SCOTUS, and allow every voter a hand-marked paper ballot. Again, another clear illustration of a pro-democracy party versus an anti-democracy party. Next year's choices should be simple.

• And, if there are any remaining questions about Democracy v. Autocracy as the stark new stakes our country now faces, there is likely no clearer illustration of it than Monday's explosive New York Times story detailing the Republican's $22 million "Project 2025". The plan, being prepared by former Trump White House officials for Trump or whichever Republican next wins the White House, involves what NYU Historian and fascism expert Ruth Ben-Ghiat described as "autocratic capture". The scheme, which they are not trying to hide, calls for the consolidation of all Executive Branch power into the White House, allowing the President to purge tens of thousands of career public officials deemed as insufficiently loyal, and to allow him or her to take over complete control of all independent Executive Branch agencies, such as the Dept. of Justice, FCC, FTC, Federal Reserve and many others. The President would also grant himself the power to block the allocation of monies appropriated by Congress. As one of the Republicans behind the project explains: "There is no way to make the existing structure function in a conservative manner. ... What’s necessary is a complete system overhaul." Another tells the Times: "What we’re trying to do is identify the pockets of independence and seize them." Are the extraordinary 2024 stakes making sense out there yet?

• All of that as the planet's climate continues to degenerate thanks to the continuing burning of fossil fuels and those in the industry --- and politicians they've purchased --- who continue to lie to the public about it. In California's "Darth Valley Run" one guy is making the best (or worst?) of it...even as he seems to concede he is certifiably insane. (See the photo above for a hint.)

• And, in Philadelphia on Thursday, President Biden, speaking at a shipyard, detailed an extraordinary array of remarkable new renewable energy projects now underway --- mostly off-shore wind in this case --- and the thousands of good-paying, union jobs that come with them, created by Biden and Congressional Democrats in all 50 states as part of last year's Inflation Reduction Act.

• Finally, Desi Doyen further breaks down the stakes for the planet --- as all-time, mind-blowing heat records continue to be shattered across the Northern Hemisphere --- in our latest Green News Report...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Is President Biden falling into a dangerous GOP trap by negotiating the debt ceiling? Our guest on today's BradCast argues that a potential disaster could and should easily be avoided entirely.

BUT FIRST, while we covered the grotesque lawsuit filed by Noelle Dunphy detailing sexual abuse by the repulsive, alleged sexual predator Rudy Giuliani on yesterday's show, I had the chance to read the full 70-page complaint [PDF] this morning. And I discovered one paragraph that I hadn't yet seen reported elsewhere and just want to make sure it gets out there.

Paragraph 124 on page 23 details how Trump and Giuliani, according to Dunphy, already had worked out plans by early 2019 to claim phony "voter fraud" and that the election was stolen, if the then-President turned out to be the loser in 2020.

"On February 7, 2019," the suit alleges, "Giuliani told Ms. Dunphy...about a plan that had been prepared for if Trump lost the 2020 election. Specifically, Giuliani told Ms. Dunphy that Trump's team would claim that there was 'voter fraud' and that Trump had actually won the election."

Just wanted to make sure that gets out there today.

NEXT UP, we cover the reported results of a number of key state and local elections held on Tuesday, with overall very good results for Democrats (again) and some embarrassment for Florida Governor and hapless GOP Presidential hopeful Ron DeSantis. In an upset victory, voters in Jacksonville --- long the most populous city in the nation with a Republican Mayor --- chose Democrat Donna Deegan to take over. A Republican has served as Mayor there for all but 4 of the past 30 years. Now, it will be run by both a Dem and the city's first-ever female chief executive. That, after DeSantis endorsed her Republican opponent.

That wasn't the only embarrassment for Meatball Ron on Tuesday. In Kentucky, for some reason, he endorsed Trump's former U.N. ambassador at the last minute in the GOP primary for Governor. She came in third by more than 30 points. Trump's choice, Mitch McConnell protege and the state's first Black Attorney General, Daniel Cameron, will run against the popular incumbent Democratic Governor Andy Beshear this November. So, ol' Ron was 0 for 2 on the night, even if the candidate he endorsed in KY was a GOP megadonor that he hopes, I suspect, will want to return the favor by supporting a loser herself next year.

In Philadelphia, moderate Democrat Cherelle Parker emerged victorious from a group of five front-runners, defeating a more progressive Dem to win the primary. The win almost ensures Parker will become the City of Brotherly Love's 100th Mayor this fall, and the very first female, after 99 dudes in a row, to hold the position in the nation's 5th most populous city.

Dems also held on to the majority in Pennsylvania's state House, after narrowly taking it over, by one seat, for the first time in a dozen years in February. On Tuesday, the Democratic candidate won a seat in the state House recently vacated by a Dem accused of sexual harassment. In PA, the House sets the agenda for the entire state legislature, where Republicans still control the Senate.

And, Republicans may have dodged a bullet on Tuesday in the Keystone State when the only judge in the nation to rule in favor of blocking certification of the 2020 Presidential race lost the GOP primary to a not-insane Republican who will run against a Dem this fall for a recently vacated seat on the state's Supreme Court. No matter what happens in the general election, Democrats will retain a majority on the court in the critical battleground state.

FINALLY, an ever-optimistic President Biden on Wednesday announced that he will cut his planned overseas trip short to return to Washington on Sunday to finish what he believes is a possible deal to prevent the GOP from forcing the federal government into defaulting on our debts for the first time in history. We'll see if he's right about that. The Treasury Department warns that, without Congress raising the debt ceiling, we'll hit the dumb statutory debt limit as early as June 1, barring Treasury from borrowing more money to pay the bills for stuff that Congress and Presidents of both parties have already committed to paying for. Economic calamity would likely ensue in the U.S. and even across the globe if that happens.

But is it even necessary to play along with far-right Republicans hell-bent on holding the nation and world economy hostage to their pretend concerns about spending and debt? A number of Constitutional law experts, including Harvard's well-respected Laurence Tribe, argue that it is not. That the 14th Amendment makes clear: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned."

We're joined today by BRAD BLOG's longtime legal analyst, ERNEST A. CANNING, who agrees with Tribe and his argument that, in fact, there is no one who actually has the legal standing to sue the Biden Administration if he simply instructs Treasury to keep paying the nation's bills, as required by law, whether Congress raises the debt ceiling or not. Canning recently wrote an article explaining how a simple Executive Order from the President would do the trick.

But wouldn't litigating over the matter --- even the act of determining if, say, the GOP House had standing to sue --- still end up crashing the markets? Canning explains why he believes that will not happen and why Biden's concerns about invoking the 14th Amendment are unwarranted.

We also discuss Canning's recent article on how Ronald Reagan's veto of a 1987 bill to codify the FCC's Fairness Doctrine into law, led directly to the January 6 insurrection and the extreme threat that U.S. democracy now faces...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

As noted during today's BradCast, we've been fighting to protect, expand and shore up democracy for nearly 20 years on this program and at The BRAD BLOG. For the first time in all of those years, however, it now really feels as if we are in a battle to save democracy itself in America. So it was very good to hear the President of the United States today stand up and clearly spell out what is now at stake in that fight. [Audio link to full show is posted below summary.]

First up today, Washington Post published a BradCast">fascinating excerpt on Tuesday from a new book by the Post's D.C. correspondents Carol Leonnig and Philip Rucker, named I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year. The lengthy excerpt details the tumultuous, chaotic and dysfunctional 2020 Election Day and Night inside the White House, as Trump discovered he was likely to lose his reelection race. We focus specifically on Leonnig and Rucker's reporting on what seems to have been the genesis of Trump's Big Lie, as it developed that night, reportedly as the brain child of his tipsy personal lawyer Rudy Giuliani. His idea, rejected at first by Trump's advisors, was to simply say "we won" in every battleground state, despite mounting --- and, eventually, solid --- evidence to the contrary.

The Big Lie, adopted by Trump that night during his false "victory" speech in the wee hours, claiming the election was stolen and that "frankly, we did win this election," has poisoned the nation's soul ever since. At least the Republican part of the nation --- if they have a soul --- as GOP state lawmakers have opportunistically exploited that Big Lie in recent months to adopt severe new restrictions on voting and to institute provisions that allow partisan officials to overturn election results for virtually any reason.

Just before airtime on Monday's show, Democratic state lawmakers from the Texas House of Representatives left the state on two chartered planes to break the House quorum during a special session in the state legislature. The session was called by Republican Gov. Greg Abbott to force through a voter suppression bill that failed to pass when Democrats walked out on the last day of the regular session last May, also denying the GOP of a quorum to conduct business at the time. Now, the state Democrats have gone to D.C. for what they describe as "the fight of our lives." They hope to stop all business in the Republican-dominated state House during the 30-day emergency session and to press Senate Democrats to adopt the For the People Act at the federal level to help counter at least some of the restrictions Republicans are attempting to impose on Lone Star State voters, as well as those elsewhere in the country.

The heroic Dem state lawmakers, who face likely arrest upon returning home, deserve our support for their extraordinary attempted effort to save democracy in Texas. They say they plan to stay in D.C. throughout the 30-day session and lobby Senate Democrats like WV's Joe Manchin and AZ's Kyrsten Sinema to reform the filibuster to allow passage of For the People with a simple majority, as their only hope. Abbott, however, is able to call as many special sessions as he likes upon their eventual return. So, time is now very much of the essence.

At the same time today, President Biden was also using his bully pulpit to press for the protection of voting rights and American democracy itself. In a stirring speech at Philadelphia's National Constitution Center, he outlined what is now at stake, declaring that "we are facing the most significant test of democracy since the Civil War." In remarks that would have sounded right at home during one of my rants on this he program, he noted bluntly, "the Big Lie is just that: a big lie." Biden described passage of federal voting rights legislation as "a national imperative," warning of the measures that are being enacted to not only suppress the vote at the state level, but overturn results.

"If you vote, they want to be able to tell you your vote doesn't count for any reason they make up," Biden charged, adding ominously (if correctly), "They want the ability to reject the final count and ignore the will of the people if their preferred candidate loses."

We share the President's speech in full today (transcript here, video here), as his important remarks are worth paying close attention to.

Finally, Desi Doyen joins us for our latest Green News Report, with a dozen states in the West are now facing unprecedented heat, fire, drought and a serious stress test of the electrical grid, as our climate emergency becomes ever more apparent in very real, and very stark terms...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

The news just isn't slowing down in these "slow news days of summer". At least not on today's BradCast. But at least much of that news is actually good, including more progress today toward protecting democracy in the U.S., as per the shifting whims of Lord and Senator Joe Manchin. [Audio link to full program follows below this summary.]

Among the many stories covered on today's news-chocked program...

• Who says Congress can't move something quickly when they want to? Juneteenth, commemorating the end of slavery in the U.S. in 1865 --- albeit at least two and a half years after it was supposed to have ended with the Emancipation Proclamation, is now an official federal holiday. President Biden signed the new law for our nation's 12th federal holiday on Thursday, after the U.S. House overwhelmingly adopted the measure on Wednesday (with all but 14 shameful, white, male Republicans voting in favor), after unanimous passage in the U.S. Senate on Tuesday. Since June 19thfalls on a Saturday this year, the new holiday will officially be observed tomorrow! That was fast! See? Congress CAN move quickly when they try! Unless you consider the hundreds of years of slavery in this country and the more than 150 years it took for a holiday to commemorate its final end. Never mind that comment earlier about Congress moving "quickly."

• The latest attempt by shameful white, male Republicans to kill the popular Affordable Care Act (better known as ObamaCare) was rejected by the U.S. Supreme Court today. The law has helped tens of millions of Americans obtain access to heath care, and hundreds of millions more Americans by, among other things, making it unlawful for insurance companies to reject customers due to pre-existing conditions. The stupid attempt by a bunch of GOP-Controlled states to find the entire bill unconstitutional was rejected by SCOTUS today with a 7 to 2 vote, after finding the states represented by white, male Republicans were not harmed by the law and, therefore, had no standing to challenge it. That, after a series of white, male Republican lower court judges had used a ridiculous claim made by the GOP states --- and countered by the actions of REPUBLICANS in Congress themselves(!) --- to strike down the entirely of the landmark 2010 law as unconstitutional. We explain how this third attempt to have SCOTUS do what Congress would not, has gone down, yet again, in flames.

• The Supremes on the Republicans' stolen and packed high court did, however, approve discrimination against same-sex couples by a Philadelphia group called Catholic Social Services, which refuses to consider such couples when placing children in foster care homes. All of the Justices appointed by Democrats also joined this unanimous, if fractured decision which LGBTQ and civil rights groups are both disappointed by and breathing a sigh of relief after, conceding that the Court's ruling could have been much MUCH worse. We explain that ruling as well today.

• Meanwhile, the fight to pass federal voting rights protections to counter new GOP voter-suppression laws at the state level moved one small step forward again today. Yesterday, West Virginia Democrat Joe Manchin --- the only Dem in the Senate who is not a co-sponsor of the sweeping election and campaign reform bill known as the For the People Act (even though he co-sponsored the same legislation in 2019) --- offered a compromise proposal [PDF] for the bill that he recently declared that he opposed. As we discussed on yesterday's show, his compromise proposal is not horrible and Dems should work quickly to get some version of it to a floor vote! UC-Irvine's election law expert Rick Hasen last night penned a column at Slate which sounded almost exactly like our coverage yesterday, urging Dems to leap at this opportunity, with his first paragraph arguing: "Democrats should grab the deal, even though it is not perfect, is still unlikely to pass, and doesn’t yet address the greatest threat in upcoming elections: the danger of election subversion."

  As we discuss today, the original For the People Act, already passed by the House, doesn't "address...the danger of election subversion" either, as that danger is being baked into GOP voter suppression bills around the country, allowing Republican state Legislatures to reverse election results for virtually any reason they like. We explain why Hasen's argument --- at least on that one narrow point --- is a bit misleading, while he is otherwise right on the money.

  At the same time, Georgia's voting rights champion Stacey Abrams has also come out in favor of Manchin's compromise proposal and speaks, as we did yesterday, to the concerns that some may have about Manchin's inclusion of a "Voter ID" provision. She explains, as we did, that his provision on Voter ID is not really a huge concern --- as some Dems and/or voting rights advocates may view it --- in that Manchin's proposal allows other means for voters to identify themselves beyond a strict, small, very limited list of acceptable Photo IDs. He cites, for example, "utility bill, etc." as acceptable means of identification to vote, in line with the already-existing rules in a majority of states. Such reasonable requirements that do not prevent voters from voting are a far cry from the strict Photo ID restrictions adopted by some GOP states meant not to prevent fraud, but to prevent voting (by certain people who may lack the specific type of ID that Republicans are purposely requiring in hopes of disenfranchising them.)

  Of course, even if all 50 Senate Dems come to an agreement on a version of For the People that they can accept, it would still require 10 Republicans coming on board in the Senate to defeat a GOP filibuster. As that remains a virtual impossibility, reform of the filibuster would still be needed for passage of this bill, and, unfortunately Manchin leads the opposition on that as well. However, as a recording of a Zoom teleconference with the so-called "centrist" group No Labels (actually a big money conservative Dem and moderate-ish Republican business group) reveals, Manchin is not quite as against filibuster reform as he has made out publicly, at least when he is not speaking to big money business donors. Lee Fang and Ryan Grim from The Intercept obtained audio from that Zoom session, wherein Manchin suggests his potential openness to lowering the filibuster threshold from 60 to 55, or to force a 41 person minority to stand up and make their case against a bill they oppose and explain what they object to, rather than require those in favor of the bill to come up with 60 votes.

  Again, more progress. Too slow, to be sure --- especially with the dangers of the 2022 mid-terms looming --- but progress nonetheless, which those claiming to be progressives should certainly be in favor of!

• Finally, Desi Doyen joins us for our latest Green News Report which, like the rest of today's show, is simply chocked full of news, both good and bad, as the fight against our ongoing climate emergency continues...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

I've got to be quick about this today, as polls are now closing on the nightmarish hellscape that is Election Day 2020. But, on today's BradCast, we cover some of the reported problems voters had around the country on Tuesday, thanks to failed voting systems in battleground states such as Georgia, Pennsylvania, Ohio and Texas. [Audio link to show follows below.]

Happily --- perhaps due to so many voters having already voted during Early Voting or by-mail --- there were far fewer problem reports today than in recent Presidential elections. At least as of air time. Frequently, problems don't reveal themselves until later. But, for now, we focus on a few places where voting systems went down entirely, preventing voters from voting in those states.

In almost every case it was related to the failure of electronic pollbooks made by a company named KNOWiNK, which produce the devices called "Poll Pads". Those systems seem to be behind the countywide shutdown of voting for the first several hours of Election Day in Spalding County, GA and in Morgan County, GA. Despite months of warnings from voting systems experts --- and a federal court order --- and the systems failing during the state's June primaries --- Sec. of State Brad Raffensperger did not make sure that backup paper pollbooks were in place. That meant that voters in Spalding could not vote at all for hours on Election Day. In Morgan, election officials were a bit more prepared, it seems. They were able to keep the process going, even if lines were a bit longer than hoped.

Similarly, when the Poll Pads failed in Ohio's Franklin County (Columbus), officials had backup paper pollbooks on hand, as ordered by Ohio Sec. of State Frank LaRose.

Early reports, overall, were that voting went largely smoothly in Philadelphia, in the battleground state of Pennsylvania that both Joe Biden and Donald Trump consider to be critical for their respective hopes of a victory.

But down in Texas, which is now also a battleground state, problems with the e-pollbooks in Upshur County prevented precincts from opening for several hours on Tuesday morning. That could not only affect the Presidential race, but the contest against loony incumbent Republican Rep. Louie Gohmert by Democrat Hank Gilbert in the state's 1st Congressional District. He spent hours in court today, helping to extend polling hours to try and make up for the early morning vote system failure.

Also in Texas, overnight, the far-right 5th U.S. Circuit Court of Appeals upheld a lower far-right lower court judge's ruling that dismissed a challenge to Harris County (Houston)'s ingenious drive-thru polling places, meant to help voters stay safe during the pandemic. The Republican plaintiffs in that case are hoping to reject more than 127,000 legal votes cast from cars in the state's largest county, a Democratic stronghold in the previously very "red" state.

MANY more details on ALL of the above and more on today's show, which closes with Desi Doyen and our latest Green News Report on the record-setting Hurricane Eta, now smashing into Nicaragua and possibly headed our way, and the stakes for humanity and the planet itself in today's Presidential Election....as the world anxiously watches and waits along with us...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: A long-awaited ruling in the federal case challenging Georgia's new, unverifiable, already-failed $100+ million touchscreen vote systems --- which failed again on day one of early voting today in the Peach State. Also, my escape from "Twitter Jail" and the California GOP deploys fraudulent mail-in drop-boxes across the state. [Audio link to show follows below.]

We start today by avoiding, for now, the first day of the illegitimate confirmation hearings in the U.S. Senate for Supreme Court nominee Amy Coney Barrett. Instead, we offer some exclusive news that is not being reported elsewhere on two fronts, both related to Georgia's disastrous new voting system. First up, an explanation --- or, a conclusion for now --- to the saga that resulted in my 4 days suspension on Twitter beginning late last week, for the crime of posting a completely accurate tweet about two weeks ago, reporting that GA's Secretary of State informed elections officials in all 159 counties to immediately halt pre-election testing of their new touchscreen voting systems, due to an error that prevented candidates in one of Georgia's two U.S. Senate elections this year from appearing on screen for voters. The error, as I noted in my infamous (and accurate) tweet, would eventually require all new software for the November elections. In fact, as the federal ruling we discuss today reveals, the state installed all new, uncertified software on all 34,000 of the new voting machines just days ago, in violation of state law. You can read the full saga, with links to the federal court filings proving the accuracy of the tweet, and why I eventually relented and deleted it right here.

As Georgia began its first day of early voting on Monday, sure enough, the vote system I was warning about in that tweet failed, leading to six-hour lines to vote in some places. But the long-running federal court case whose emergency filings revealed the serious problem I was tweeting, finally came to a conclusion --- of sorts, at least for now --- late on Sunday night. That is when U.S. District Judge Amy Totenberg finally released her long-awaited ruling in the case which challenged the security, accuracy and constitutionality of the state's use of new, unverifiable touchscreen voting systems made by Dominion Voting Systems. The Plaintiffs called for them to be replaced by a cheaper, verifiable hand-marked paper ballots system.

Last year, Totenberg found the state's previous, 20-year old Diebold touchscreen systems to be unsecure, unverifiable and, thus, unconstitutional, ordering them banned for all future elections in the state. On Sunday night, in her long-awaited 147-page ruling [PDF] that begins by citing the plot to the movie Groundhog Day, Totenberg once again finds the state's new touchscreen Ballot Marking Device (BMD) "presents serious system security vulnerability and operational issues that may place Plaintiffs and other voters at risk of deprivation of their fundamental right to cast an effective vote that is accurately counted." The judge warned "these risks are neither hypothetical nor remote" and slams "the insularity" of the "stance" by the GA Sec. of State and the state's private vendor, Canadian-based Dominion Voting Systems, "in evaluation and management of the security and vulnerability of the BMD system [which] does not benefit the public or citizen's confident exercise of the franchise."

After detailing lies, inaccuracies and a lack of knowledge in the testimony of the state's "experts" in the case (no actual cybersecurity experts were presented by them, only employees of the vendors who admitted they had no actual cybsersecurity experience, nor did any penetration tests of the systems before certifying them for use in GA elections!), Judge Totenberg concludes: "The Plaintiffs’ national cybersecurity experts convincingly present evidence that this is not a question of 'might this actually ever happen?' – but 'when it will happen,' especially if further protective measures are not taken. Given the masking nature of malware and the current systems described here, if the State and Dominion simply stand by and say, 'we have never seen it,' the future does not bode well."

For now, that future includes the use of the systems that Totenberg clearly finds so dangerous because, as she explains, it might cause chaos for elections officials if she ordered the use of hand-marked paper ballots at the polling places this close to Election Day.

We're joined once again to discuss the case today by MARILYN MARKS of case plaintiff Coalition for Good Governance, which has been leading this long and important federal court battle now for several years. She has been joining us to discuss it at critical junctures, even while most of the broadcast media has studiously avoided covering it all. Marks offers her reaction to the judge's long-awaited ruling, describes her disappointment in the ultimate order from the judge (for now), while expressing confidence that these systems --- just like the state's previous ones --- will eventually be barred by this judge for use for the very same reasons that she ordered the state's old ones to finally be trashed.

"What we see here is these systems are put together in a slipshod fashion, without security being an important priority at all to these companies," Marks tells me. "These voting system vendors will say anything, and unfortunately many of our election officials who are purchasing these systems will repeat and parrot whatever those words are. You begin to wonder what is it that drives these elections officials, like Secretary [of State Brad] Raffensberger in Georgia, to buy the most expensive and least-auditable equipment."

Noting that unverifiable BMD systems similar to the ones now being forced on voters for the first time at the polls in other critical battlegrounds --- such as Philadelphia, the most Democratic-leaning county in North Carolina, all of South Carolina, as well as key counties in Texas and Ohio, not to mention the nation's most populous voting jurisdiction, Los Angeles County --- Marks decries the damage to democracy being done in all of those locations, while still being hopeful for the future.

"If there's good news in the judge's denial of relief for November, she did write a very solid yet scathing opinion, and explained in detail why these systems are not secure," she explains. "I'm hopeful that her opinion can spread across --- certainly Los Angeles, and all the counties that are using these systems in Pennsylvania and South Carolina, and even my home county of Mecklenberg, North Carolina --- and shake up some of these election officials. But maybe, most importantly, some of these candidates. That is such a shame that we don't have the parties and we don't have the candidates demanding a fair system."

Marks adds: "We're confident we'll win the case. We've proven our point. We've proven that they're unconstitutional. We've proven that they're insecure. We've proven that people shouldn't be permitted to vote on them. The only piece that's missing is, how long does it take? How long does it take for jurisdictions to be prepared to do something simple, like hand out hand-marked paper ballots? Given how important this election is, it is a real shame that we have to put up with these machines in November."

Finally, we close with the news that Republicans in California --- after Trump and his GOP have been suing to do away with mail-in drop-boxes all over the country --- are actually deploying fake ones up and down the Golden State, in apparent violation of the law, according to California's Secretary of State...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: So, Donald Trump's campaign, as well as the National Republican Committee and the Pennsylvania state GOP, are battling it out with state Dems and the state's Democratic Secretary of State over pretty much all aspects of absentee mail-in voting in the key battleground state. But, for some reason, as our guest reports today, Trump and the GOP are actually joining forces with Dem Secretary of State Kathy Boockvar to defend the use of brand-new, 100% unverifiable touchscreen voting systems in the most Democratic-leaning part of the state. Now why would they be doing that?

Before we get there today, however, some quick news on today's announcement on the lack of charges brought against the Louisville, Kentucky police officers who killed Breonna Taylor, a 36-year old African-American emergency medical specialist, in her apartment in the middle of the night this past March.

Also, some thoughts on a somewhat odd "Public Service Announcement" issued on Tuesday by the FBI and the U.S. Cybersecurity and Infrastructure Security Agency regarding "foreign actors and cybercriminals" who might take advantage of the necessary delay in tallying absentee ballots in the days following Election Day on November 3rd. The federal agencies warn that bad actors could "create new websites, change existing websites, and create or share corresponding social media content to spread false information in an attempt to discredit the electoral process and undermine confidence in U.S. democratic institutions." The announcement warns that malicious individuals could propagate false information about vote counts and other disinformation "that includes reports of voter suppression, cyberattacks targeting election infrastructure, voter or ballot fraud, and other problems intended to convince the public of the elections' illegitimacy." It's an odd "announcement" that focuses largely on foreign actors, while warning the public "to seek out reliable and verified information from trusted sources, such as state and local election officials." They say nothing about domestic bad actors, nor do they recommend federal sources as "trusted". We discuss.

Then, in Pennsylvania, Republicans have told the state Supreme Court that they plan to appeal last week's rulings against them to the U.S. Supreme Court. The news follows the Keystone State's high court determination that mail-in ballots can be counted if they arrive up to three days after Election Day; that absentee ballot drop-boxes are perfectly legal; and that state law bars poll watchers who come from outside of the county where they plan to observe. At the same time, the Trump Campaign is suing the state in federal court over many of the same issues in a suit that could also find its way to the U.S. Supreme Court. That may be just one of the reasons that Republicans are pushing so hard to seat a replacement so quickly for the late Justice Ruth Bader Ginsburg. As VP Mike Pence told Fox 'News' on Tuesday, "there is a possibility that election issues may come before the Supreme Court in the days following the election, and all the more reason why we should have nine Justices on the Supreme Court to be able to resolve any issues that may arise ." (Notably, this is something Republicans didn't seem to care about in the least before the 2016 election, when they were blocking Barack Obama's nominee from filling the late Justice Scalia's seat for a full nine months before the election.)

But for all the legal fights that Republicans are carrying out to block the use of, delivery of, and counting of verifiable hand-marked paper mail-in ballots in PA, for some reason the Trump Campaign is intervening in a court case to side with the Democratic Secretary of State there to defend the use of 100% unverifiable touchscreens in Philadelphia, the most Dem-leaning part of the state. Trump's intervention is in a suit filed by the NAACP (which we discussed with the attorney working on the case in a recent show) against the PA SoS, which seeks to block the state's use of the new computer touchscreen Ballot Marking Devices (BMDs). It's curious, to say the least, that Team Trump is supporting SoS Boockvar's use of the new, unverifiable devices, which are being forced for universal-use in all Philly polling places this year.

We're joined today by longtime investigative journalist and author ART LEVINE to discuss his detailed report today at Washington Monthly, headlined "Donald Trump's Favorite Voting Machines: Ballot-marking devices in key swing states could give him the perfect excuse to contest the election." In the article, and on today's show, Levine describes the boondoggle e-voting systems that have been installed for first time use this year in a number of key battleground states, including Georgia, North Carolina, Ohio, Texas and, yes, Pennsylvania. They are remarkably expensive, produce ballots that can never be verified after an election as reflecting the intent of any voter who used one, and they have failed disastrously in multiple ways in several states (including PA) during their first-time use in primaries earlier this year.

Sadly, it's not only Trump and PA's Democratic Sec. of State who are defending or otherwise quietly allowing the use of these dangerous new voting systems. So are many Democratic officials and election watchdog organizations that have historically been critical of electronic voting systems. "They've been absolutely radio silent --- except for Ohio Democrats --- at the state and national level about the risks of this voting technology," charges Levine. Even here in Los Angeles, our Democratic Sec. of State Alex Padilla has been very supportive of the $300 million dollar boondoggle touchscreen BMD system installed this year, disastrously, by Los Angeles County's Democratic Registrar of Voters, Dean Logan.

Levine's new investigative report today explores many of these various strange bedfellows in detail.

"I hope I can shed further light on the tangled, unbelievable, nutty mess in Philadelphia that is emblematic of the kind of challenges that other swing states --- statewide in Georgia and in some key Democratic cities in Ohio, Texas, North Carolina and so on --- will be facing. It's a nightmare beyond the already-other nightmares that we're aware of," he explains, describing a potential disaster with these systems that adds "kindling" for "a Constitutional crisis...if Trump doesn't win on Election Night."

Recent studies [PDF] reveal that 93% of voters do not notice when a BMD has changed one of their selections on the paper "ballots" printed out by these touchscreen systems. Moreover, the tallies created by optically-scanning those "ballots" (with yet another computer) are not even based on the human-readable printout that voters may or may not bother --- or be able --- to successfully verify as reflecting their intent. Instead, it is a barcode or a QR code, which can't be read by voters, that is also printed on the "ballots" and used by the scanning computers to tally the votes. But, still worse, even if everything works perfectly --- if the machines don't break down as they did during the primaries, causing hours-long lines, and if they aren't hacked or misprogrammed and everyone somehow manages to verify them accurately --- there is still no way for anybody to know after the election that any of those ballots accurately reflect the will of any voter.

As Levine warns in his report today: "Let's say the November election is close, and Donald Trump comes up short in Pennsylvania or Georgia or North Carolina, or all of them, and loses the Electoral College vote. ... It would make perfect sense for him and his lawyers to seize on the ambiguities of BMDs to argue that the voting was rigged and illegitimate. And Democrats would be hard-pressed to prove Trump wrong --- especially since some of their own elected officials and allies have been relatively quiet about the BMDs' shortcomings, and in some cases have even been at the forefront of pushing for the machines' use."

We have been warning as much for years. I'm happy to see Levine picking up those serious concerns and amplifying them. Please read his important article in full and then listen to today's show --- or vice versa.

Finally, Desi Doyen joins us for some quick --- but VERY big --- news today out of California, where Gov. Gavin Newsom has announced plans to ban the sale of new internal combustion engine (ICE) cars in the state by 2035. That's right! If his initiative is successful --- and it is bound to be challenged and hated by Trump and the fossil fuel industry --- the Golden State may be selling nothing but electric cars at new car dealers in as little as 15 years!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Philadelphia's progressive District Attorney Larry Krasner told Democracy Now's Amy Goodman on Thursday that any federal officers who break state law within the City of Brotherly Love will be arrested and prosecuted. His comments come in response to President Trump's threat to expand the "totalitarian" assaults by his secret police from Portland, Oregon to other cities run by "liberal Democrats."

While Krasner and other local law enforcement agencies likely possess the authority to arrest law breaking federal agents, should they?

Krasner acknowledged that federal officers have a right to enter the city, and often do so for agreed upon joint law enforcement activities, but argued that no one, including the President, has a right to violate state law:

The argument may be legally supportable, but the issue entails not only the question of whether local DAs and police have the authority to effectuate the arrest of miscreant federal agents but also of weighing the risk of potentially adverse consequences...

Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

• New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);

• Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;

• Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;

• Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;

• A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;

• Even Pat Robertson tosses Trump under the bus after all of this;

• U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';

• Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;

• Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;

• And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

  Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

  Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

  • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
  • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
  • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

  We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

  Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Don't say we didn't warn you. We'll keep trying. [Audio link to show follows below.]

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

• Montana's Democratic Gov. Steve Bullock, who won reelection on the same statewide 2016 ballot that Trump reportedly won by 20 points that year, announced he is dropping out of the Dem Presidential nominating contest on Monday. His campaign also claims he will --- sadly (shamefully?) --- not be running for U.S. Senate next year, despite his proven ability to flip a statewide seat from "red" to "blue" at a time his country needs him to do exactly that. Also, former Pennsylvania Rep. Joe Sestak dropped out of the 2020 race over the weekend as well, though odds are you're even less aware of his candidacy than you were of Bullock's;

• Wildly corrupt conspiracist and Trump supporter Rep. Duncan Hunter (R-CA) agrees to plead guilty --- rather than face trial in January --- in his criminal campaign finance fraud case in which he and his wife lavishly spent some $250,000 of campaign funds on personal expenses, while claiming, in some cases, that their spending was for veterans' charities;

• The impeachment inquiry of Donald J. Trump moves forward, as the center of action will move from Rep. Adam Schiff's House Intelligence Committee to Rep. Jerry Nadler's House Judiciary Committee this week. The Trump White House continues to pretend they are not being allowed due process, as they informed Nadler on Sunday night that they refuse to participate in Judiciary's first hearing on the matter scheduled for Wednesday;

• We then step through the process for Congressional proceedings on the matter as they are currently scheduled to occur over the next month, with Articles of Impeachment likely approved by the full House before year's end, followed by a trial on the removal of Donald Trump in the U.S. Senate beginning in January and leading right up to (or even beyond) the first votes being cast in the 2020 elections. The Iowa Caucuses will be on February 3, followed by the New Hampshire primary just one week later.

  By March 3, more than a dozen states will be voting on Super Tuesday, including California. For the first time that day, here in Los Angeles County --- which, by itself, is larger than 41 states --- voters at the polls will be forced to vote on brand new 100% unverifiable touchscreen computer systems.

  The new computers in L.A. are similar to the new, similarly unverifiable touchscreen systems that failed disastrously on November 5 this year during sparsely attended municipal elections in battleground states such as Georgia and Pennsylvania. In both states, failures of the new systems forced some voters to wait for nearly an hour to cast their unverifiable vote. (Imagine how things will go in a large turnout election...say in 2020.)

  Over the holiday weekend, The New York Times finally noticed the disasters for voters in Philadelphia and Northampton County, PA nearly a month ago, where the new touchscreens registered an impossible zero votes for some candidates in certain precincts. The failures left voters and party officials alike wondering what went wrong, and if the numbers ultimately reported by the system actually reflected the intent of the voters. As we've been arguing for some time, it is impossible to know whether results accurately reflect any voter's intent on these systems, even as they are currently (insanely) proliferating in the U.S. ahead of the critical 2020 elections.

• Are you ready for the potential disasters? We offer a few helpful tips on how to try and avoid them. But, otherwise, we hope you'll have at least heard our warnings --- if few from anyone else --- if things go as catastrophically as they well could next year in jurisdictions where voters are not able to vote on hand-marked paper ballots at the polling place.

  (And, once again today, we are forced to detail some of the very simple questions that L.A. County's Registrar-Recorder/County Clerk Dean Logan refuses to answer about the new systems, either on the show in person or even via email.)

• Finally, we open up the phones to some great (and chilling) calls on all of the above...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]

First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.

On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.

In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.

Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.

While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.

To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.

For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.

Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.

We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.

"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.

After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.

"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."

Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.

"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."

Tune in for much more that you need to hear from this conversation!

Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]

We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.

In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.

The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)

We're joined today by journalist, attorney, Election Integrity advocate and Twitter activist JENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!

Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.

Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.

And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Questions about the results of a controversial do-over U.S. House election in North Carolina and about disturbing revelations from a secret reexamination of a wildly unsecure touchscreen voting system being deployed in Pennsylvania (and elsewhere) next year. [Audio link to show is posted below.]

At long last, NC's 9th Congressional District has held its do-over election, after a massive GOP Absentee Ballot Election Fraud scheme was uncovered to derail the contest last November. With a new Republican candidate, the very Trumpy state Senator Dan Bishop, and the same Democratic candidate, Marine vet Dan McCready (pictured above), the two faced off in the long-time Republican district on Tuesday. It had long been predicted to be a very close race, seen as a potential bellwether for 2020 and a referendum on Donald Trump, who, with Vice President Mike Pence, helicoptered into the district for last-minute rallies on Monday night.

According to the reported unofficial --- and unverified-by-any-human-being --- results posted by the State Board of Elections (SBE), the Republican Bishop defeated the Democrat McCready by just under 4,000 votes (a margin just over 2%) out of nearly 200,000 votes cast in the district, which is spread over parts or all of 8 counties. While Bishop's margin of victory is slightly more than 1% too large to allow for a candidate "recount", the county with the single largest share of the votes cast in the race is Mecklenberg, which forces voters to use 100% unverifiable touchscreen voting systems at the polls. So there would little to "count" there anyway. Most of the rest of the district votes on hand-marked paper ballots.

But even with the unofficial 2% spread, there may be reason for McCready's team to examine the results, despite his quick concession on Tuesday night after media outlets, using unofficial results, called it for Bishop. His quick concession followed a similar one last November, when he'd reportedly lost by less than 1,000 votes in a race that the NC SBE ultimately refused to certify due to the GOP election fraud for which seven contractors now face felony indictments. Given the fraud last time in NC09, and the importance that both Trump and the GOP had placed on this race in advance of 2020, one might think it appropriate to wait until all votes were at least canvassed by the state before conceding. Moreover, Democratic turnout during early voting outpaced Republican turnout by even more than it did during the very close race during last November's "blue wave" election.

But in a curious new twist, just before airtime today, another anomaly came to light, as shared with us by a listener that I detailed here with screenshots and video. As I break down at that link, video from MSNBC's coverage on Tuesday reveals that McCready, after leading in the vote count throughout the early part of the night after 52% of precincts had come in, was suddenly overtaken by Bishop once 55% of precincts had reported, according to MSNBC's chyron. While that's not unusual, what is unusual is that when it happened, McCready's vote tally actually DECREASED by more than 3,000 votes, even though more votes had supposedly been tallied! After that, Bishop retained a very similar lead for the rest of the night, ultimately "winning" by a margin just under 4,000 votes.

There could, of course, be a good explanation for the vote count appearing to go BACKWARD --- a typo at MSNBC, a transcription error at the SBE, a non-nefarious bad data transfer somewhere along the line --- we just haven't yet been able to figure out what it is yet. Bishop's total also decreased at the same point, but by just over 1,000 votes. If we do figure it out, of course, we'll let you know.

But those maddening anomalies underscore, yet again, the importance of the other big story we cover on today's BradCast out of Pennsylvania. There, a group of citizen election integrity advocates filed a petition some weeks ago demanding a re-examination of the state's newly certified ExpressVote XL voting system made by ES&S. The new 100% unverifiable touchscreen voting system (pictured above) was recently certified to be deployed in Philadelphia and other jurisdictions in the key battleground state of PA before next year's critical 2020 Presidential election. While PA's Acting Secretary of the Commonwealth Kathy Boockvar, did, in fact, carry out the new examination of the system, as required by statute, apparently she did so in secret, employing the same company closely tied to ES&S that carried out the initially flawed certification testing, and did so in another state entirely (Colorado) with no notice or public oversight for the first time in PA history.

We're joined again today by KEVIN SKOGLUND, Chief Technologist for the Pennsylvania-based Citizens for Better Elections. He is a cybersecurity and voting systems expert and was one of the petitioners who joined us several weeks ago after the state agreed to the new examination. Skoglund, along with other long time election integrity advocates both nationally and in PA are outraged by the secret testing which, he explains, failed to even examine 7 of the petitioners' 10 cited concerns.

"This is the same company that did the initial examination. So, we're asking the people who gave the opinion the first time to give their opinion again. It doesn't really make sense," he tells me. "It's not a second opinion like you might get from a doctor." Moreover, he explains, "This was only a two-day examination. The lab that's doing this is not experienced in cybersecurity penetration testing. This is a voting system test lab that tests for the functionality of voting machines...These things are very technical in nature and they require specialists." In this case, it is a company who is actually paid by the vendor, ES&S, to test their systems.

As to those concerns which the examiners reportedly did bother to review [PDF] (in secret), they confirmed the petitioners' concerns. Nonetheless, Boockvar went ahead and recertified the new systems, citing new, additional procedures she hopes to impart to pollworkers next year as protection against the very serious security concerns cited by the petitioners and confirmed during the re-examination. One such concern, for example, is that the computer-marked paper ballot summary card produced by the ExpressVote's touchscreen system for theoretical verification by the voter before it is cast, returns back through the very same printer path after it is approved by the voter. That, Skoglund explains, would allow the voting system to change the voter's vote after they believe they have verified it for casting and counting by an optical scanner. New, similarly computerized touchscreen Ballot Marking Devices being deployed in other jurisdictions, such as Los Angeles County and Georgia (and in many other states before next year) appear to feature the same extraordinary security flaw.

"It's the craziest thing. This voting machines prints the information that you've selected on the screen onto a piece of paper, and then it presents it for you to review. And then, if you decide that it's acceptable, that piece of paper travels through a printer again before it's stored. So if you had a voting machine that was malfunctioning or manipulated or hacked, it could change that paper record before it gets stored. They 100 percent confirmed it," says Skoglund.

Other problems with the PA system include the fact that, due to the way it stores computer-marked ballots, the ballot secrecy of voters may be easily violated. Skoglund suggests the fight against these systems is not over by a long shot, and that the coalition of election integrity groups with whom he is working are reviewing their options for litigation in the days ahead. "We're definitely not giving up. We are not done contesting the certification of this machine."

As noted at the end of today's program, the woeful story of the likely unverifiable election in NC-09 underscores the important work being done by Skoglund and others BEFORE these dangerously unverifiable and easily hackable voting systems are deployed for U.S. elections in 2020...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)