Today on The BradCast: Rachel Maddow is an excellent broadcaster. But, boy, did she fall --- along with a bunch of other mainstream corporate media outlets on Friday --- for a wildly misleading spin on a new rule adopted last week by the Georgia State Board of Elections in advance of this November's elections. [Audio link to full show follows this summary.]

Before we get to an expert to help set the record straight on this matter today, to explain how virtually everyone from WaPo to New York Times to Atlanta Journal Constitution to, yes, Maddow got it wrong...a few quick news items of note...

• It's possible, with Hurricane John about to slam into the West Coast of Mexico in the Pacific, and a different storm to be named Helene quickly spinning up in the Atlantic, that by week's end --- if John crosses the Mexican peninsula and enters the Gulf --- we could have two major hurricanes, both threatening landfall in the Gulf of Mexico at the same time. Climate change is wacky fun, in't?

• Nearly 500 are confirmed killed and more than 1,000 injured near Lebanon's border with Israel on Monday, as Prime Minister Benjamin Netanyahu ordered the deadliest barrage on Hezbollah since the 2006 Israel-Hezbollah war. All of which is meant to extend the Israeli PM's time in office and out of jail on corruption charges filed well before his war on Gaza --- and even war crimes charges that are likely to come his way if and when he is ever finally removed from office. Hezbollah reportedly fired thousands of rockets in return at Israel.

• Congressional leaders have reportedly reached a deal to keep the Government open after the end of this month, as the new fiscal year begins on October 1. The deal would continuing funding the Government until at least December 20. The agreement to prevent a government shutdown just weeks before the Presidential election --- when every member of the U.S. House and one-third of the U.S. Senate will be on the ballot --- comes as House Speaker Mike Johnson gave up on a measure Donald Trump was insisting on to make it a crime for non-citizens to vote (which is already unlawful under federal law). We'll see if the agreement is finalized by both chambers, and whether Republicans will then send us over yet another fiscal cliff this Christmas.

• Newly released FBI data find violent crime in America, including murder, dropped precipitously from 2022 to 2023.

• The U.S. economy continues to outpace the rest of the developed world and the stock market remains at all-time record levels under the Biden-Harris Administration, even as Donald Trump's failing media company, which trades on the NASDAQ as DJT, plummeted another 10% on Monday to a new all-time low since going public, as the race is on to meet my prediction that his loser of a company could become a penny stock by Election Day!

• And, speaking of Trump grifts, it looks like Melania Trump, who has barely appeared on the campaign trail this season, was paid nearly $240,000 to speak at a political fundraiser at her own home in Mar-a-Lago last April. Who wrote the check to her remains unknown at this time.

And then, it's on to the story which has apparently freaked out Democrats and voting rights advocates since it was first misreported by pretty much everybody on Friday. That was the day that three Trump-supporting MAGA election denialists on the Georgia State Elections Board adopted a new rule requiring hand-counting at each precinct at the end of election night.

But the new rule requires only the hand-counting of the number of ballots cast at the precinct --- not the actual results on those ballots, as many have misreported --- before they are sealed up and sent to county headquarters.

Similar reconciliation of the number of ballots cast against the number of voters who signed in to the poll books or to the number of pages reported as scanned by the precinct tabulators, are carried out in many of other states without problem at the end of election night.

According to our guest today, an expert in Georgia's terrible touchscreen voting and scanning system, the process is likely to take anywhere from 15 minutes to a half an hour after the close of polls. But you wouldn't know that from the mainstream media coverage, with Democrats and Republican election officials alike in Georgia, screaming bloody murder that this new rule would lead to inaccurate tallies, delays in the count, and potentially add "months" to the time it will take to tally up results in the Peach State this year!

We're joined again today by the great MARILYN MARKS, longtime voting system expert and Executive Director of the Coalition for Good Governance. Her non-partisan organization is responsible for the federal lawsuit that ultimately banned Georgia's unverifiable, insecure touchscreen voting systems made by Diebold, only to see them replaced by Republican Sec. of State Brad Raffensperger with similarly unverifiable and insecure touchscreen systems made by Dominion. She is also the woman who discovered and exposed the MAGA breach, copy and distribution of statewide voting system software in Coffee County, GA that resulted in criminal charges against five people, including Sidney Powell, in the state's racketeering felony indictment against Donald Trump and many others.

As Marks explains today, the mainstream media outlets were misreporting on Friday's new hand-count of the number of ballots cast rule "out of hysteria for no good reason." She confirms that "it's simply a ballot counting rule that most states have," allowing them to "know how many ballots you have collected" and to confirm that number before ballots are moved anywhere. "That is a common-sense rule. It will take about 20 minutes at most to implement at most of the polling places in Georgia --- that's a rough estimate --- and it is a safeguard on a lot of different things."

"If there are major discrepancies," between the number of ballots and the number signed into the poll books, she says, "that's the time to figure it out, not after all the equipment and people get moved."

Many Democrats --- justifiably --- fear that, if Trump loses in the state again, some Republican officials on the election boards at both the state and county level are hoping to find ways to create havoc and chaos that could delay certification and ultimately place the actual election results in doubt, leading to challenges in Court or Congress on January 6th next year.

"We seem to be in such a hyper-partisan environment right now," says Marks, "that if we can throw some mud, true or not, on the other side, it's a way to build enthusiasm for our team." But that, she suggests, is short-sighted and unhelpful given the very REAL concerns about the election in Georgia (and elsewhere.)

We also discuss, some of the very good reasons that Democrats should be concerned about the reported results in Georgia this year, particularly given the software breach of statewide voting systems in Coffee County that Sec. Raffensperger has refused to mitigate in any way before the 2024 election, including with software patches distributed by Dominion.

Marks is concerned by the "chaos" that could be caused by someone exploiting the Coffee County caper. "It would be so easy for someone to shut down the system by just writing code that would shut down all the machines at 10am on Election Day," she offers by way of just one example. "There's nothing Georgia could do about it. They are not prepared." In response, I offer an even simpler and arguably more chilling scenario at how a tiny group of people can create utter havoc in the state by simply claiming that the state's touchscreen systems have misprinted their ballots --- whether that's true or not. There is no way, with the systems, to determine if they are telling the truth.

Tune in for more on those actually real concerns about GA elections, as well as Marks' tips for voters in both Georgia and other states, including North Carolina, California, and anywhere else that voters may be forced to vote on a 100% unverifiable touchscreen voting systems at the polling place this year...

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On today's BradCast, a focus on the challenges ahead for election officials in what is likely to be the most closely watched state in the country, in the most closely watched Presidential election of all time. [Audio link to full show follows this summary.]

FIRST UP... The endorsements for Kamala Harris keep rolling in. From the right (George Will for crying out loud?!) and from the non-right, as Scientific American revealed on Monday what is only their second Presidential endorsement in the well-respected magazine's 179-year history.

Also, today is National Voter Registration Day! We've got a few thoughts on a few tips, several of which come courtesy of our friends at the non-partisan group Vote Riders, who recommend not only registering to vote, with many states deadlines for that coming up very shortly, but also checking your voter registration status even if you believe you are already registered. Many states have purged a lot of voters since the last general election. The group also warns that Voter ID requirements have changed in many states since 2020. So today is also a great moment to make sure you have the sometimes very specific ID now required by your state to vote in this year's critical election. You can do that at their site as well.

THEN... The great Commonwealth of Pennsylvania is likely to be the "tipping point" state for this year's election. If Dems win it, along with Michigan and Wisconsin (and the other traditionally "blue" states) Kamala Harris will almost certainly become the next President. But, while Harris currently leads in those so-called "Blue Wall" states, according to pre-election polling averages, her lead in PA remains the tightest of the three.

So, with all eyes likely to be on PA this year, we thought it would be a good moment to check in with our old friend MARYBETH KUZNIK, a longtime Election Integrity advocate and champion as founder and Executive Director of VotePA, and now as the Director of Elections and Voter Registration at the Fayette County, PA Election Bureau.

Fayette is in the southwestern part of the state, not too far geographically from Pittsburgh, though seemingly farther and farther away politically over the years, as the once reliable Democratic-leaning rural county has turned much more Republican in recent Presidential elections.

But, no matter their politics, all voters there need to be able to vote and have their votes counted as cast --- and in a way that they can know they have been counted as cast. Kuznik tells me that she sees her current job as an election official not terribly differently from her work as an Election Integrity advocate.

"I view this work that I'm doing now as an extension of everything else I've ever done," she tells me. "We, as election officials, as well as election activists, want --- or should want --- the same thing, which is to make sure every vote is counted accurately as cast. And that is without regard to party, or candidate, or whatever. You vote, and we count it the way you voted it."

Kuznik explains that her office is now in the final throes of finalizing ballot design and tabulator programming, following the last of the rulings from the state's Supreme Court as to which candidates will be allowed to appear on the ballot. Vote-by-Mail absentee ballots will very soon be going out to voters.

There is always an extraordinary amount of pressure on election officials to get everything exactly right. But there will be more than ever this year, given the many false claims that Republicans have brought in recent years after Donald Trump falsely claimed to have won the 2020 election. And nowhere is the pressure likely to be higher than in a state like PA, whose voters may decide the winner of the 2024 Presidential contest.

While Kuznik is confident in her and her staff's ability to get the job done well, there are still a number of concerns, some of which we've recently discussed on this program. For example, a bipartisan group of election officials across the country in recent days have expressed grave worries to Trump-appointed U.S. Postmaster General Louis DeJoy regarding delays and other problems in the delivery of Vote-by-Mail ballots back to county officials. While Kuznik says she has a good relationship with the regional mail handler, she notes that a tiny handful of ballots from the state's primaries this year, "postmarked in April" were not finally delivered back to the County until August! "That's two or three" ballots, she says, "but that's two or three people's precious vote. Somebody died for the right of those people to vote. Hopefully we figure it out because I don't want it happening in this election."

PA also has some unhelpful rules for when officials can even begin tallying Absentee/Vote-by-Mail ballots. Unlike most states, PA officials are barred from beginning their VBM tallies until Election Day. That can lead to a number of problems. Among them, the "red mirage" issue that we saw in some states in 2020. Democrats tend to vote much more heavily by mail than Republicans. That means that, with the more laborious job of opening, verifying and tallying VBM ballots only beginning on Election Day, the results from more heavily Republican ballots cast at the polls that day may be reported first, giving the false impression that Republicans are ahead when some go to sleep on Election Night, only to see absentee tallies added in later, resulting in Democratic candidates overtaking the Republican.

We also discuss the fact that most voters in the Keystone State are now, thankfully, allowed to vote on verifiable hand-marked paper ballots at the polls; the concerns that many have reported about some conspiracy-minded GOP election officials in swing states scheming to hold up certification of results for dubious reasons --- in the event that Trump loses --- in hopes of wreaking chaos that can then be used to challenge the final Electoral College votes in the courts or in Congress on January 6th; and concerns about security threats against her office, staff and the many pollworkers required to pull of a successful election.

FINALLY... Desi Doyen joins us for our latest Green News Report, with news on a natural gas pipeline explosion on Monday in suburban Houston; record deadly storms and flooding in Central Europe, West Africa and North Carolina this week; and the disgraced former President and wannabe mobster's recent visit to California, when he threatened to allow the entire state to burn down if he is allowed to become President again...

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Today on The BradCast: What you may not know about the horrifying Trump-Vance scheme to fire hundreds of thousands of non-partisan career civil servants and replace them with Trump loyalists --- if Trump is elected in November. [Audio link to full show follows below this summary.]

• But, first up, results from Congressional and state legislative primary elections in "deep blue" Massachusetts on Tuesday were completely unsurprising. Though one of our listeners discovered --- and learned more details about --- a tabulation problem that resulted in one of the Democratic races for the state House in the town of Essex needing to be counted by hand overnight after the optical-scan system was unable to tally it accurately.

  As discussed, the incident serves as yet another excellent reminder of the critical importance of hand-marked paper ballots to help ensure results that voters may have confidence in, even when there are problems with the optical-scan systems. Though the issue appears to have been caused by an error in the programming and printing of ballots by the Commonwealth itself, at least MA has enough respect for its voters to allow all of them to cast hand-marked paper ballots --- whether by mail or at the polls --- unlike some other states I could mention. (Hi, Georgia!)

• Then, a quick review of the likelihood of the narrowly divided U.S. Senate flipping majority control this November from Democratic to Republican, with all eyes on the great state of Montana, where control of the upper chamber may come down to the tough reelection battle being faced by three term Democratic Senator and Montana native, Jon Tester.

  Recent polling averages show Tester trailing the Trump-endorsed Republican nominee Tim Sheehy, a wealthy rancher who moved to Montana about 10 years ago. But now, audio recordings have emerged of Sheehy slurring Native Americans at Republican fundraisers, where he repeatedly used a racist trope to disparage "drunken Indians" on the reservation. The audio recordings were surfaced last week by Char-Koosta News, "The Official News Publication of the Flathead Indian Reservation," in a state that is home to seven reservations and 12 Native American tribes, representing about 6% of the state population. It's also a state where Republicans have repeatedly attempted to suppress Native American votes.

  The outcome of the Tester/Sheehy contest is very likely to determine majority control of the U.S. Senate and whether Kamala Harris, if she wins this year, will be able to carry out her agenda or see it blocked from Day 1 by Republicans. As Jonathan Martin notes today at Politico, if she does win, but the Senate flips to GOP control (or Dems can't win back the House), Harris "would be the first Democrat to enter the presidency since 1884 without majorities in both chambers."

• And, since we're recalling the 1800s, Donald Trump has a scheme to return to the 1800s "spoils system" of appointing federal government officials based not on their skills or talent, but on their loyalty to their party and President. That system was replaced following the 1881 assassination of President James A. Garfield after he was killed by a man who was furious that he was not appointed to a foreign service position that he believed he was owed based on his work for the Republican Party.

  As James Rainey reported at the L.A. Times last week, after the law was changed under President Chester A. Arthur in 1883 to mandate a merit-based civil service system instead, "The next 22 presidents would leave the basic principles of the civil service intact. That changed when Trump took office."

  In his final year in office, Trump used his executive powers to create something called "Schedule F" which would have converted hundreds of thousands of career civil servants into at-will employees who could be fired without cause. Before full implementation, Trump lost in 2020 to Joe Biden, who quickly reversed the Executive Order.

  But now, both the far-right Project 2025 and Trump himself have detailed plans to remove and/or replace at least half a million federal workers in dozens of federal agencies should the Trump/Vance ticket win in November. In addition to replacing those career officials with loyalists, the scheme would also serve to gut the federal government of an indescribable amount of expertise on science, agriculture, healthcare, national security, education, energy, the economy, the military and so much more.

  We're joined to discuss the ramifications of all of this today by JACQUELINE SIMON, Policy Director of the American Federation of Government Employees (AFGE), the largest federal employee union representing some 750,000 federal and District of Columbia employees.

  As "horrible" as the Trump Schedule F/Agenda 47/Project 2025 scheme is, she explains, "it's the logical conclusion of something that has been going on in the federal government now for many years."

  "A good way to look at what the outline of what government would look like according to Project 2025," Simon says, "is politicizing the work of people who are right now performing all kinds of functions. Scientific research --- the research that underlays regulations that protect public health, clean air, clean water, safe food --- all of those kinds of things. They want to move everything to the states, or privatize, or defund. Those efforts can also be avenues to politicize the work of the federal government. When you privatize, you can specify exactly what the contractor will do and won't do."

  "They would take all testing and testing development away from the CDC. They would deregulate the inspection of meat and poultry that's performed right now in the Dept. of Agriculture. Completely privatize the work done by civilians at the Dept. of Defense, so that the government would be fully, fully at the mercy of its contractors. They make no bones that they would effectively shut down the VA healthcare system and privatize all of that. They would close hospitals and clinics all across the country. And basically turn the VA into a private health insurance program. There are so many ways that the operations of government, the functions of government would be corrupted, undermined, and politicized, by privatization, and by, of course, a personnel system that would allow them to hire people who aren't competent, who can't perform the duties of the position, and then hire them and fire them at will."

  "It's been the Republican playbook for decades," she tells me. "This isn't new. This is Ronald Reagan moving forward. Almost everything in this document [Project 2025] has either been tried before or is part of Republican dogma, the Republican agenda in Congress for decades." But it is, if Trump is able to return to the White House, Simon warns, likely "the final dagger in the heart of the civil service"...

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We've got a bit of a contrarian view on today's BradCast on a few recent, reportedly alarming election developments in the battleground state of Georgia. But that contrarian view happens to come from one of the nation's most knowledgeable experts when it comes to the way the Peach State runs their elections. [Audio link to full show follows this summary.]

First up, a few news headlines today, including a potential breakthrough in the Israel/Gaza war, with Israel reportedly agreeing to terms for a cease-fire and hostage release, according to U.S. Sec. of State Antony Blinken on Monday. There are few specifics available, and Hamas has yet to agree to the terms, so we will see if it actually comes to pass this time. I remain hopeful but dubious, for reasons discussed on today's show.

Then, you may have heard in recent days, about loud concerns from Democrats regarding new rules for this November's elections being promulgated by the Georgia State Board of Elections. The SEB is a five-person board with four appointed Republicans, three of whom are dyed-in-the-wool MAGA election deniers, and just one Democrat. The three MAGA members were recently called out by name by Donald Trump during one of his recent rallies in Atlanta, where he described the three as "on fire", "doing a great job", and "pit-bulls fighting for honesty, transparency and victory."

Of course, state elections boards are supposed to be largely neutral facilitators of state election law, as opposed to fighting for "victory" for any particular candidate or party. But, apparently, that's not the case in Georgia these days, where the SEB has adopted a number of new rules --- pushed by some notorious GOP "voter fraud" villains --- which critics on the left describe as a threat to the integrity of this year's elections in the state.

In short, the critique is that the new rules, allowing the state's 159 county boards of election to carry out a "reasonable inquiry" into allegations of fraud, error or miscount during the canvass before certifying results as "true and accurate" in their county this November, could end up delaying the ministerial and mandatory certification of results beyond the state and even federal deadlines. That would result in chaos that could take the decision of who won the election away from voters, and hand it to the far-right Republican-majority state legislature to determine, or to the Trump-packed courts, or even to a GOP-majority in the U.S. House to determine who will become the next President.

As Rolling Stone recently reported, there is reason to be concerned about MAGA election officials who may try to block certification --- in the event Trump loses again --- in a bunch of battleground states. Moreover, a bunch of otherwise respectable media outlets --- from The Guardian, to the New York Times to the Washington Post to even ProPublica and Rachel Maddow --- have all been misreporting in recent days that these new rules would allow election official to delay certification beyond Georgia's deadline for county certification of 5pm on the Monday following the election.

But my guest today says that is not only inaccurate, but that Democrats may ultimately be shooting themselves in the foot by putting up such a fight against the notion that a "reasonable inquiry" may be in order in a number of counties this year, given the opaque, unverifiable, insecure touchscreen voting systems forced on voters at the polling place by Republican Sec. of State Brad Raffensperger and the terrible way in which he runs elections in the state.

We're joined once again today by MARILYN MARKS, Executive Director of the non-profit Coalition for Good Governance (CGG). Her organization successfully sued the state of Georgia in federal court in 2019 to ban the state's 100% unverifiable touchscreen voting systems made by Diebold back, only to see Raffensperger replace them with newer 100% unverifiable and insecure touchscreen voting systems made by Dominion. (CGG's lawsuit continues, following a trial earlier this year to ban the new systems as well. They still await a verdict from the same federal judge who banned the older systems, and hope to seem them finally replaced with verifiable hand-marked paper ballots. Marks is also the one who first exposed Team Trump's unlawful breach, copy and distribution of Georgia's statewide voting system software in Coffee County, resulting in the indictments of five co-conspirators, including Sidney Powell, in Fulton County D.A. Fani Willis' sprawling conspiracy case against Donald Trump for his attempts to steal GA's 2020 election.)

Marks argues today that the SEB's new administrative rule language, allowing for "reasonable inquiry", cannot be used to block certification. She says the worries are unwarranted, as administrative rules cannot be used to overcome statutory deadlines for certification. (Law professor Derek Muller recently appeared to agree with her.) She concurs that Republicans are likely to try and bollocks up this year's election any way that they can --- in Georgia and elsewhere --- but that the SEB's new rules for "reasonable inquiry" about election results, and a similar one allowing county election officials to review "election-related documentation" before mandatory certification, are not quite as alarming as many Democrats are warning.

Marks tells me that many of the organizations and media outlets misreporting the rule and state law "are from out of state. They are assuming that Georgia is like a normal state, and that Georgia actually has good elections, that numbers reconcile, that ballots are counted well. The problem is that Georgia does not have a reasonable system for counting ballots." She argues that Dems may want to be careful about what they wish for when fighting against "reasonable inquiry" regarding results this year.

"What these rules actually do is help the Democrats," Marks argues. "Because they are going to need to do everything possible to protect --- if Harris wins, and you know it's going to be close --- if Harris wins, they'll have to do everything possible to protect that win. And without some of these transparency measures, they would have a hell of a fight."

If she's right, why then are so many respectable media outlets misreporting the actual rules changes? "I think it's a game of telephone, that somebody started this, saying, 'Oh, they adopted a rule to delay certification...' And then nobody is going back and looking at the actual words of the rules that were actually passed. The rules that were passed actually reinforce the deadlines." CGG makes that abundantly clear in a detailed fact-check newsletter sent to members on Sunday night.

And why, then, are so many of the GOP "voter fraud" fraudsters --- from Trump to Cleta Mitchell to Hans von Spakovsky --- pushing these measures so hard at the State Elections Board in Georgia?

"Yeah, it's worrisome who is promoting it," Marks concedes. "But the Democrats should be one-upping them, and promoting these very same concepts, but doing it with better legal language, with more precision. And doing do it to be certain that they, the Democrats, are not sitting outside with their noses pressed against the windowpane, not able to figure out what's going on with the vote-counting" in November. "Let's don't make it easier for the people who have already told us, 'We are going to try to upend the election if we don't like the results,'" she warns.

As CGG concluded their fact-check newsletter last night: "In Georgia, it should be clear that more election transparency, citizen oversight, accuracy, and accountability are essential—not less!" Tune in to today's show for much more on this topic, from someone who knows Georgia elections better than just about anyone at this point. You may feel somewhat better about what the SEB is doing...or you may not...even if there is still plenty of reason to be concerned about this year's elections --- in Georgia, and everywhere else...

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On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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I'd say Tuesday was a high (or low?) watermark for GOP failure, but on The BradCast, we think it wise to never under (or over?) estimate them. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

• Nikki Haley lost the one-person Republican Presidential Primary in Nevada by more than 30 points. (To be fair, it's not entirely her fault. Donald Trump rigged it. And he's setting up Republicans in the state for failure this November regarding the state's voting systems.) Joe Biden reportedly won his mostly one-person Democratic Primary in the state on Tuesday with nearly 90% of the vote.

• With three different swing-state GOP state Chairs (in Florida, Arizona and Michigan) ousted in recent weeks in scandals related to allegations of rape, bribery, or financial impropriety (and Nevada's GOP Chair heading to criminal trial in a few weeks for forgery as a fake 2020 elector), Trump's once-favored Chair of the RNC, Ronna Romney McDaniel, is being pushed out in the middle of a Presidential election year. Why? Trump's MAGA faithful are trying to find someone, anyone ... anyone but him ... to blame for their repeated, post-2016 election humiliations. Why not Ronna?

• But the humiliation continued on Tuesday, as newly tapped and freshly failed GOP House Speaker Mike Johnson engineered what Wall Street Journal described as "an embarrassment for the party", Punchbowl called "one of the most embarrassing days in recent House GOP history" (which is saying quite a lot!), and WaPo raved: "a stunning rebuke" for a months-long impeachment probe by Republicans hoping to identify "High Crimes and Misdemeanors" by Dept. of Homeland Security Alejandro Mayorkas. Turns out, they couldn't even convince their full caucus that he'd committed any, and one heroic Dem showed up from his hospital bed amidst chaos on the House Floor to deliver Johnson and Marjorie Taylor Green's phony impeachment scheme an embarrassing final blow. At least for Tuesday night, in the first impeachment vote ever against a sitting member of the Executive Branch.

• Actually, it wasn't the final blow on Tuesday night for House Republicans. Johnson held a subsequent vote for aid to Israel. It also went down in humiliating flames.

• All of that comes on the heels of Congressional GOP insistence that they would block any aid package for Ukraine --- now facing a very real existential crisis and invasion from a hostile neighbor --- unless the bill included a massive amount of money for the U.S. southern border, where Trump and Republicans pretend there is an ongoing "existential crisis" and "invasion". So, Dems gave in and agreed with Senate Republicans to add a very hard-right border deal to the aid package --- only to see Trump throw a fit at a possible real solution for the only real(ish) election year issue he seems to have left. So now House Republicans are vowing they will only consider an aid bill for Ukraine (and Israel and Taiwan) if it doesn't include money for the U.S. southern border. Seriously. It's as insane and stupid and dysfunctional and embarrassing as it sounds. And, it might even be hilarious, but for the fact that democracy remains on the brink in Europe, as the near-entirety of the Republican Party now cowers to the personal whims of their four-time indicted cult leader.

• Popular Republican criminal, pretend fake "pimp", and definitely fake "journalist" James O'Keefe quietly issued a tweet on Monday night, admitting that his reporting on 2020 election fraud in Pennsylvania was "wrong" and that he is "aware of no evidence or other allegation that election fraud occurred in the Erie [Pennsylvania] Post Office during the 2020 Presidential Election.” It took him four years and a begrudging lawsuit settlement to "correct" his false story about supposed massive mail ballot fraud by the USPS. Trump continues to fraudulently pimp that nonsense to this day. All of this on the heels of O'Keefe being pushed out of his own fake news organization, called Project Veritas, last year amid allegations of financial malfeasance and abuse of employees. Or, as his partner in the 2010 fake ACORN "pimp" hoax videos described it when quitting the group herself in December: "an unsalvageable mess --- one wrought with strong evidence of past illegality and financial improprieties."

• Finally today, some listener mail with an important coda to our mind-blowing interview on Tuesday with Susan Greenhalgh, election integrity advocate and consultant on the just-completed civil suit trial by Marilyn Marks and the Coalition of Good Governance against the State of Georgia and its Sec. of State Brad Raffensperger. The suit seeks to move the state from easily-hackable, unverifiable touchscreen voting systems to verifiable hand-marked paper ballots; And, some email on Taylor Swift and the Superbowl, which I thought we decided we wouldn't be discussing this week on The BradCast?!!...

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After a number of headlines on today's BradCast --- a lot of stuff happened since we last spoke last week --- we're on to our main story today. And it's a doozy.

Last month, during off-year elections in several states, touchscreen voting systems in Northampton County, Pennsylvania made by ES&S, the nation's largest voting system vendor, were discovered to be printing out the opposite of what voters had selected on their screens in two different statewide contests.

The so-called touchscreen Ballot Marking Devices (BMDs) used in Northampton, a suburban swing-county just outside of Philly in the critical battleground state, are supposed to print a ballot summary card, in human-readable language, based on selection made on the touchscreens, allowing voters to confirm their choices before those cards are then tabulated by an optical-scan computer. Similar systems are (shamefully) still used by about a fifth of the nation's voters on Election Day across the county, including in every precinct in the critical battleground state of Georgia and here in the nation's most populace County in Los Angeles.

But last month, on November 7th, there were two statewide retention elections for Judges, one Democratic and one Republican. If voters selected either YES or NO for both judges, everything printed out on the ballot cards as expected. But if they selected YES in one race and NO for the other, the system would flip their votes on the summary print-out. But here's the catch. It only flipped the votes on the human-readable portion of the ballot. The barcodes also printed on the ballot summary --- which humans cannot read --- as used for tabulation, recorded the votes correctly as cast.

As you can imagine, all of this resulted in chaos on Election Day. Some voters --- once precincts even noticed the problem --- began voting on hand-marked Emergency Paper Ballots instead. In PA, however, there are only about 20 such emergency ballots available at each precinct. They ran out very quickly.

After explanations by election officials and employees at ES&S (which did the programming of the computers for the election) on Election Day, a County judge ordered voters to begin using the touchscreen systems again. Some officials tried to ease voters worries by telling them they would just FLIP the votes after polls closed! In other precincts, voters were reportedly instructed to simply vote the opposite of what they actually wanted in those two contests.

This is the same County where, back in 2019, the first time these ES&S ExpressVoteXL systems were first deployed, the systems recorded zero votes for some races in certain precincts. One of those races, believe it or not, was for the County Judge who, this year, gave the okay to start using the misprogrammed systems again. He didn't receive zero votes in those precincts in 2019. In fact, he won the race for County Judge, as a post-election investigation would reveal.

So, what actually happened on November 7th last month? Longtime election technologist KEVIN SKOGLUND of Pennsylvania's nonpartisan Citizens for Better Elections, investigated to find out. He recently published a detailed report breaking down exactly what wrong. He was able to confirm that while the printed, human-readable text appeared to flip the votes in those two races, the human-unreadable barcode version of the ballot correctly reflected the intent of voters. In short, the votes were right, but the labels next to the two contests in question had been reversed.

As he explains on today's program, this is a programming error that, frankly, should never have been able to happen. Election Officials have long told skeptics of unverifiable touchscreen BMD systems that there was nothing to worry about, because the systems printed out a paper record of voters votes that they could approve before casting, and that the computer-printed barcodes or QRCodes would always match that human-readable text. In Northampton County last month, clearly they did not.

Skoglund also discusses the terrifying danger posed by a programming error like this --- whether it actually happens or voters simply claim that it did --- to next year's Presidential election in states like Pennsylvania, Georgia and elsewhere where voters at the polls are forced to use the same or similar touchscreen systems to cast their ballots.

Describing BMDs like those used in Northampton as "a $9,000 pencil," Skoglund warns today that "events like this shake people's trust, with good reason."

"One of the core cybersecurity concerns is resilience," he tells me. "You want to have systems that can recover from problems. One of the reasons that we like hand-marked paper ballots is not just that the voter marks their ballot and verifies it all at the same time --- so there's not this extra step of checking if the machines works --- one of the other properties of them is their resilience. Because even if the power goes out, even if the machines all stop working, as long as you have a pen, you can mark the ovals on your ballot. But with these [BMD] machines, your 'pen' may just stop working. And you have to have a backup plan if that happens."

Clearly in Northampton, PA last month, there was no real backup plan. If something like this happens next year --- either real or manufactured by nefarious voters --- in even one precinct in PA or any of the other swing-states where similar systems are insanely still used by millions of voters, I shudder to think of what may happen next in this nation.

Incredibly enough, even after the failures in 2019 and 2023, Northampton plans to use the same systems again next year. We discuss that and much more related to all of this on today's show, before we receive phone calls near the end of the program from a few other election experts --- Susan Greenhalgh of FreeSpeechForPeople.org and Dr. Philip Stark, UC-Berkeley election expert and inventor of the post-election Risk Limiting Audit (RLA) protocol. Both have long warned of exactly this kind of election nightmare and have long urged all election officials to move to reliable, verifiable, hand-marked paper ballots for all voters, other than for disabled voters who may choose to vote with an assistive technology.

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You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

• An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
• Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
• And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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Tomorrow is a so-called "off-year" election in a number of states. But several of those elections may tell us quite a bit about the 2024 elections, and not necessarily in the way you may think, as reported on today's BradCast. [Audio link to full show follows this summary.]

Among today's stories...

• First up, some quickish news updates. Donald Trump took the stand on Monday in court in Manhattan for three and a half hours of contentious testimony in his losing battle to save his fraudulent company and his children's inheritance in New York State's $250 million fraud lawsuit against them for falsely inflating Trump Organization assets to the tune of $2.2 billion dollars each year from 2011 through 2021. He's already lost the case. Now the question is how much it will cost him (and his children.)

• Next, a few quick updates on Israel's relentless war against the people of Gaza following the Hamas attack against Israel on October 7, which killed at least 1,300. Now, more than 10,000 have reportedly been killed in response in Gaza, including more than 4,000 children. Calls for a ceasefire are getting louder in the U.S. and around the world. The Biden Administration's calls and Sec. of State Antony Blinken's shuttle diplomacy in the region for a "humanitarian pause" to speed additional humanitarian aid into Gaza and allow the release of some 240 hostages, have yet to gain much traction from Israel's hard-right government.

• Then, it's on to Tuesday's elections, first with a focus on two Gubernatorial contests in the Deep South, with one popular incumbent Democrat (Kentucky's Andy Beshear) seeking a second term, and another Democrat (Mississippi's Brandon Presley) vying for a long-shot victory now that his state, where 40% of the population is black, has finally done away with a Jim Crow law that has dampened African-American turnout for generations.

• We discussed the critical fight for control of the Virginia Senate and House of Delegates last week with former VA Delegate Mark Levine. But it was worth revisiting today for a reminder of how much is stake in the Commonwealth on Tuesday, including the right to abortion, which its Republican Governor, Glenn Youngkin, is vowing to restrict if he can hold the House and flip just two seats in the Senate on Tuesday. Every seat in the General Assembly is up for grabs this year, in what is likely to be seen as a bellwether ahead of the 2024 Presidential contest.

  But the biggest battle of the day is likely to be Ohio's Constitutional amendment to protect reproductive freedoms. Republicans are pulling out all the stops to lie, cheat and, yes, even steal it if they must, to block the popular ballot initiative in hopes of instituting a six-week ban on abortions in the Buckeye State with no exceptions for rape or incest. To that end, Republican Sec. of State and U.S. Senate nominee-wannabe Frank LaRose recently purged some 26,000 voters from the rolls. He did so after overseas and military voting had already begun (which would have been unlawful during a federal election) and without giving a heads up to voting rights groups as he has in the past. Those nonpartisan groups have frequently discovered and prevented thousands of errors in such purges. Last week's shocker, as discussed on Thursday's show, wherein I learned from an obituary on the Internet that I had died (even though, I assure you, I haven't) is a reminder of how easy it can be to wrongly remove "dead" voters from the roles who are, in fact, quite alive. At least when you do it as LaRose has done. But, of course, that's why he did it.

  And, in what may be a bit of a sleeper "bellwether" for next year's elections, one county in Northern California may be bracing for potential political violence, as rightwingers in Shasta County are insisting on hand-counting ballots after prematurely ending their contract with Dominion Voting Systems. But the elected registrar --- the only county-wide elected Dem in the County --- believes it wise to follow state law and tally with new Hart-Intercivic tabulators instead. Tune in for details. And keep your eyes on Shasta over the next few days, as we will.

• Then we close by taking a few calls from listeners on some of the above today. Buckle up! Not as much for today's show or our callers, but for tomorrow's otherwise low-key, but critical elections around the country...

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Despite newly revealed cybersecurity flaws in Georgia's statewide touchscreen voting systems; a weeks-long breach by right-wing operatives of the sensitive voting and tabulation software used across the state; and a growing clamor by both the public and state officials for decisive action to try to plug some of these vulnerabilities before next year's Presidential election, all evidence obtained by The BRAD BLOG to date suggests Georgia's Secretary of State has little interest in taking any action at all. At least not before next year's critical contests in the battleground state.

Even if Republican Secretary of State Brad Raffensperger did want to take action, we have learned, he has yet to even begin necessary steps toward state certification of Dominion Voting Systems' newly created software said to remedy some of the recently disclosed cybersecurity flaws. Moreover, well-informed critics argue any software upgrades to the state's touchscreen Ballot Marking Devices (BMDs) would still result in violations of fundamental legal requirements for the state's voting systems.

The path toward nailing down what Raffensperger's office is or isn't doing; what they may or may not do under state law; and what they are or aren't telling the public about all of it has been an odyssey over the past days, amid misleading discussion with a representative of the Secretary's office, contrary information from an official at one of the country's few certified independent voting system test labs, and a curious admission by a representative for Dominion, the state's election system vendor.

The only thing fully clear as of now: Despite calls from cybersecurity and elections experts to mend Georgia's insecure, unverifiable voting systems before next year's Presidential contest, the state insists they will not be upgrading the Dominion voting software until 2025. What has become clearer to us in recent days is that the Secretary of State cannot upgrade the systems legally, at this point, even if he wanted to --- which, evidently, he does not...

Yup. We're heading back to the critical battleground state of Georgia again on today's BradCast, as their ridiculous Sec. of State gets ridiculouser in his indefensible defenses of his ridiculously vulnerable, brand-new touchscreen voting systems which he is still refusing to upgrade, despite warnings from the federal government and increasing urging from voting system and cybersecurity experts. [Audio link to full show follows this summary.]

BUT FIRST, a few more quick words on yesterday's landmark U.S. Supreme Court opinion [PDF] in Moore v. Harper, in which Chief Justice John Roberts and two Trump-appointed Justices joined with the Court's three liberals to put the kibosh, hopefully once and for all, on the bonkers, so-called Independent State Legislature theory pushed by far-rightwingers. Had SCOTUS given a majority blessing to the fringe Constitutional theory giving complete, unreviewable say over all federal election laws to State Legislatures, it would have wreaked indescribable havoc on some 250 years of election laws across all 50 states. It would also have given authority to those State Legislatures to overturn Presidential elections by selecting slates of electors not chosen by state voters!

As one of the nation's most conservative and respected former federal judges, Michael Luttig, tweeted today: "It would be impossible to overstate the [enormousness] of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago. ... It is also now one of the most important constitutional cases for representative government in America. ... Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --- among the national Legislature, Executive, and Judiciary, and also between the national government and the governments of the respective 50 states of the United States."

But there were three Justices who voted in the minority in that case. As it turns out, all three of them were recently highlighted by investigate journalists for their, shall we say, dubious ethics practices. Clarence Thomas (see here, here, here and here), Neil Gorsuch (see here), and Sam Alito (see here).

In addition to Alito's undisclosed, luxury fishing trip to Alaska on the private jet (and dime) of GOP megadonor and vulture capitalist billionaire Paul Singer, as revealed by ProPublica last week, this week The Intercept offers a new story shedding some fresh light on Alito's years of climate change-denialism and his Court decisions on behalf of the oil and gas industry.

NEXT UP, it's back to Georgia, where Republican Sec. of State Brad Raffensperger is reportedly giving testimony in Atlanta today to prosecutors working on Special Counsel Jack Smith's probe of the January 6, 2021 insurrection and the other myriad ways in which Team Trump attempted to steal the 2020 Presidential Election. (One of those ways included Donald Trump's now-infamous phone call to Raffensperger, attempting to strongarm him to "find" the 11,780 votes he would have needed to flip the state's results from the winner, Joe Biden.)

But where Raffy has been seen as a hero by some for refusing to roll over to Trump after the 2020 election, we have explained for years that he is anything but. Now, he's under fire for the massive vulnerabilities discovered by cybersecurity and voting system experts in his new, $150 million Dominion touchscreen voting systems, and for his refusal, as first reported by The BRAD BLOG in mid-May, to install Dominion's security patches to them before the 2024 Presidential election. That, despite urgent warnings from the U.S. Cybersecurity and Infrastructure Security Agency (CISA) and many longtime election experts and computer scientists.

Now, Raffensperger's office is going on the offensive, attacking those experts as "paranoiacs and conspiracists", attempting to conflate them with the rightwing, Sidney Powell-organized MAGA loons who tried to steal the election in 2020 and breached the state's voting systems in Coffee County, GA on January 7th, 2021, the day after the Trump-insighted insurrection in D.C.

"The paranoiacs and conspiracists of the world have their beliefs reinforced when they read reports of theoretical 'vulnerabilities' that fail to mention the real-world security measures already in place," sniped Mike Hassinger, a spokesperson for the Secretary of State's office, to Politico last week. "If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies," he actually said. "They should stop saying similar things."

We're joined today by one of those paranoiac conspiracist PhD's on today's program. Our guest is DR. PHILIP STARK, Professor at University of California, Berkeley; inventor of the post-election Risk-Limiting Audit protocol; Advisory Board member at the U.S. Elections Assistance Commission (EAC) and advisor to plaintiffs in the long-running Curling v. Raffensperger lawsuit in Georgia seeking to replace the state's new vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots. (The same plaintiffs in the same federal lawsuit were able to win an order from the judge in 2019 that banned the state's previous touchscreen systems made by Diebold after they were found to be so vulnerable and unverifiable as to be unconstitutional.)

Stark has a few choice words of his own in response to both the obnoxious and un-scientific remarks from the Sec. of State's office as well as Dominion, both of whom have been blasting the damning Halderman Report, as created on behalf of plaintiffs in Curling and finding at least nine alarming vulnerabilities confirmed by CISA in the Dominion systems. Both the State and private voting system vendor claim that the Univ. of MI's Dr. Alex Halderman failed to take into account, in his report, the physical protections of the state's 70,000 vote system devices. They believe that will adequately protect next year's Presidential election in the battleground state. In doing so, they seem to be pretending that the Coffee County breach by Team Trump in 2021 didn't already run roughshod over the state's voting systems, including by copying and distributing its sensitive, proprietary software over the Internet.

"If [Raffensperger's] spokesperson can't tell the difference between what we're saying and what the [MAGA] group is saying, then they are not competent to do their job," charges Stark.

"There is a world of difference between 'This system is Swiss cheese from a perspective of security, it's really vulnerable and you need to harden it,' and 'The election was rigged and the wrong person was announced to have won.' That's just not the same claim at all. Secondly, the idea that we should stop pointing out vulnerabilities and trying to improve the trustworthiness of voting systems because someone might twist our words --- the argument seems to be 'You should lie to people in order to increase their trust in you' --- that seems to be perverse. What we want is justified public trust in the outcome of elections."

He summarizes some of the most noteworthy concerns from the Halderman Report --- detailing the ease by which malware can be implanted into the system by a single voter via any one of the state's 35,000 touchscreen voting machines or by one person at the County level who can infect every machine in the jurisdiction --- before explaining how inadequate and naive the Secretary's responses have been.

Both Raff's office and Dominion cite a competing study to Halderman's commissioned by Dominion from a group named MITRE. Their unsigned report was created without access to the Dominion machines, unlike Halderman's report, and offers the misleading claim that physical security of the voting systems is likely adequate to prevent exploitation of the vulnerabilities meticulously documented by Halderman. Stark is among nearly 30 election experts now calling on MITRE to retract their report on that basis and others.

"First of all, they're just wrong," Stark charges, wondering what their instructions may have been from Dominion. "I conjecture that they were told to assume that those [physical] protections were in place. I doubt that they did any independent research to determine whether in fact there were effective protections in place."

"I liken this to saying it's completely fine to drive a car on bald tires, as long as you have a policy of only driving straight on dry pavement and never turning sharply, or applying the brakes. Except that's not how it actually works in practice. And here, it's very, very clear that the assumption that there is rigorous physical security around these devices is just not true."

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It will be a landmark moment for election transparency in Arizona, argues the man who has championed the bill for years, as discussed on today's BradCast. Along the way, the longtime, dyed-in-the-wool progressive and non-partisan election transparency advocate has brought key allies on board, including the state's former Republican Secretary of State and its current Democratic Secretary of State. The big question, now that the bill has passed out of the legislature: Will the state's Democratic Governor sign the bill into law? [Audio link to full show follows this summary.]

John Brakey, of the non-partisan election integrity group AUDIT USA in Tucson, has been a guest on this program many times over the years. He is, perhaps, most famous for revealing that the silly CyberNinjas carrying out a so-called audit of the 2020 Presidential election in Maricopa County (Phoenix) in 2021 were searching for bamboo fibers in ballots in hopes of proving China had somehow stolen the election from Donald Trump in the state. (They didn't. The "audit" would prove, in fact, that Joe Biden beat Trump by an even larger margin than originally reported.) After years of reaching out to lawmakers on all sides of the aisle, Brakey's bill to declare digital ballot images as public records available to all was finally adopted by both chambers of the very Republican Arizona state legislature this week.

Sadly, just three Democrats voted in favor of it in the Senate, even though the state party included a call for such a measure in their party platform years ago. But Brakey was finally able to win over enough support to see the bill sent to the Governor's desk this week, with the support of AZ's new Democratic Sec. of State Adrian Fontes and the state's former Republican Sec. of State, now a state Senator and our guest on today's show, KEN BENNETT [pictured above].

Bennett and Brakey worked closely together to oversee the 2020 audit in Maricopa as Bennett served as a liaison to the state Senate.

For those unaware, digital ballot images are created by most scanners that tabulate ballots across the country. They are, essentially, digital photos of the actual paper ballot cast by the voter when it is scanned. The tabulator then uses those images to tally the voter's selections. The newly adopted bill in AZ, HB2560, would make all of those images available to the public almost immediately after elections. If so, anyone would be able, if they wish, to download them, examine and count the ballots to their heart's content.

As Senator Bennett explains today, the bill also mandates the release of the Cast Vote Record (CVR), a spreadsheet version of every ballot cast and the votes on each ballot, allowing the public to match a digital ballot image to its corresponding row in the CVR to make sure the computer tabulators tallied it as cast by the voter.

In addition to the release of those two sets of records, HB2560 also mandates that a list of all registered voters is made available before the election (those are already public records), and a list of those who voted in the election, greatly increasing transparency and critical public oversight of elections.

"Most of the allegations of impropriety or fraud that I and John Brakey and others have had to deal with over the months and years have to do with three major categories," Bennett tells me today. "One: are there unauthorized voters being allowed to vote in the system?" He says that's what the two voter lists will be able to tell us. "Another general aspect of criticism of the elections --- when certain people lose --- is, 'There had to have been unauthorized ballots injected into the system in favor of someone else.' That's addressed by the fact that there should be one ballot image --- no more, no less --- for everyone who voted. If the ballot images can be shown to match the exact number of voters who voted, then that goes away immediately."

"The third general accusation about stolen or fraudulent elections is that there are either mistakes or intentional manipulation of the machines, or something to transfer votes from one person to another. That is addressed by the Cast Vote Record being comparable to each or every ballot image to make sure they were, in fact, added up correctly."

While hand-counting the original article (as opposed to a digital photo of it), may still, ultimately, be the Gold Standard for democracy, this scheme gets us darn close in many ways. And, arguably, it may be even better in some aspects, in that it allows each and every individual in the state to count the ballots for themself if they wish --- at no cost! Brakey hopes to see a similar regime in every state in the country.

Bennett explains why he believes most Dems in the state legislature opposed HB2560, even though Sec. Fontes spoke passionately in favor of the bill during a legislative hearing earlier this year and, as Bennett notes, "this concept was part of the Arizona State Democrat Party state platform in 2012, no less."

"This is not a Republican idea or a Democrat idea," Bennett contends. "This is an election integrity idea that is supported by Republicans, Democrats and Independents." He is disappointed more Dems did not come on board, but offers an explanation for that on today's show, suggesting it was for political reasons, "rather than the legitimacy of the bill itself."

In fact, Jenny Guzman, Program Director at Common Cause of Arizona, has been whipping against the bill in misleading op-eds and emails to members, derisively referring to it as "the Voter Privacy Violation Act" and falsely claiming it will reveal how voters voted. (We reached out to her for an explanation of her somewhat bizarre critique some time ago, but received no response. A very good rebuttal to her claims is posted here.) While Brakey, Bennett and Fontes worked in a bipartisan fashion to modify the bill to answer to any and all concerns, Guzman has continued to mislead the public about it. Bennett politely described "a couple of her critical claims" as "just not true."

"Voting is a sacred and secret process," argues Bennett. "Once we have disassociated the ballots from any particular voter, the counting of our ballots needs to be a very public process, and it needs to be verifiable by the public." He argues this system will help prevent false claims by election deniers like Kari Lake, 2022's failed GOP candidate for Governor. "When that visual proof is verifiable --- by candidates, by regular citizens, by the media, by universities, by election scrutineers like John Brakey's AUDIT USA group down in Tucson --- all of that can and will be verified."

So, will the state's Democratic Governor Katie Hobbs now sign the bill into law? That is unknown, though Bennett believes "we've got a good chance" given her familiarity with the systems and issues at hand as the state's previous Secretary of State before becoming Governor this year. We'll find out within days. Bennett urges voters, both in AZ and elsewhere, to contact the Governor and let her know your feelings about HB2560 to Engage@AZ.gov or via the Governor's website.

ALSO ON TODAY'S SHOW: While HB2560 is an excellent election bill adopted by a far-right leaning state legislature in AZ, I've got a few thoughts on a terrible election bill, Georgia's SB202 voter suppression bill, adopted by the far-right legislature in the Peach State. (I am serving as a named plaintiff representing media in a lawsuit filed against the bill by the Coalition for Good Governance). And Desi Doyen joins us for our latest Green News Report...

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UPDATE 5/22/23: Arizona's Democratic Governor Katie Hobbs has vetoed HB2560. Details now here...

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In the first 43 days of 2023, there were 67 mass shootings. This is America. What, if anything, are we ever gonna do about it? Welcome to today's BradCast. [Audio link to full show follows this summary.]

Among the many stories covered today...

• Three students were killed, five were in critical condition at Michigan State University's East Lansing campus as we went to air today, following yet another mass shooting massacre on Monday night. "Run, Hide, Fight" was the message texted to students by MSU at 8:31pm, as gun fire broke out. That might as well be the national anthem for a generation of students who grew up in the wake of the demise of the federal Assault Weapons Ban. It was allowed to expire in 2004 by George W. Bush and every terrorist-supporting Congressional Republican who, since then, has refused to renew it. They have chosen to place support for their donors in the deadly gun industry over the lives of tens of thousands of Americans killed by guns each and every year since. Horrifically, some of the students victimized by Monday's shooting at MSU had also lived through another mass shooting at their high school back in 2021.

• The author of the now-sunsetted 1994 federal Assault Weapons Ban, U.S. Sen. Dianne Feinstein (D-CA), announced today that she will not be seeking reelection next year. The news was not a surprise. Three Democratic House members --- Katie Porter, Adam Schiff and Barbara Lee --- have already announced or made clear their intentions to run for the 89-year old Senator's seat next year. Feinstein's political career was formed, in no small part, out of gun violence after she personally attempted to save the life of Harvey Milk after the assassination of the San Francisco City Supervisor and then-Mayor George Moscone. She was elected to replace Moscone as Mayor and eventually became California's first female Senator. Today we share just one of the petty, ironic, patronizing attacks against her on the floor of the U.S. Senate in 1993 --- by a later-discredited Republican Senator --- during her successful campaign to pass the landmark gun safety legislation.

• Former South Carolina Governor and Donald Trump's U.N. Ambassador Nikky Haley released a video on Tuesday declaring her intention to run for the 2024 Republican Presidential nomination. In it, she claims, "I don't put up with bullies". But her history as a 2016 Trump critic --- of his lying, support for the KKK and more --- before then choosing to become his U.N. Ambassador and sing his praises for years thereafter, suggests otherwise. That said, Trump, for reasons we explain today, is delighted to have her in the race.

• A lot of horrible stuff came out of Donald Trump's endless lies about voter fraud and his evidence-free claims that the 2020 Presidential election was stolen from him when, in fact, he was actually trying to steal the election from Joe Biden and the American people. There was his deadly 1/6/21 insurrection at the U.S. Capitol, followed by a host of newly restrictive voting laws adopted by Republican-controlled states, using his false claims of fraud as cover for new means of voter suppression. But, in a (very) few cases, some GOPers have figured out that the computer voting systems and tabulators their party has supported for years, actually make it more difficult, if not impossible, for Americans to oversee the results of their own elections. Last month, a court in rural Cleburne County, Arkansas mandated a change from computer tabulated elections to hand-marked and hand-counted paper ballots. The group who pushed the measure hopes to do the same in the state's 74 other counties. At the same time, the County Clerk in Nye County, Nevada --- which moved last year to a hand-count protocol as a parallel tally to its computer tabulation --- says that the hand-counts by some 200 volunteers in the rural county were ultimately more accurate than the computer tallies. (Just as we've been trying to tell ya for about 20 years now.)

• Also, some important news was broken by the Washington Post over the weekend. But it was largely buried by the media's over-inflated panic about "balloons". As it turns out, Donald Trump's campaign paid some $600,000 to a research group in late 2020 for a study on that year's election results. Specifically, the firm was tasked to ferret out any possible evidence of fraud in six key swing-states that might have swung the election from Trump to Biden. As one of those familiar with the study explained to WaPo: "They looked at everything: change of addresses, illegal immigrants, ballot harvesting, people voting twice, machines being tampered with, ballots that were sent to vacant addresses that were returned and voted. Literally anything you could think of. Voter turnout anomalies, date of birth anomalies, whether dead people voted. If there was anything under the sun that could be thought of, they looked at it." But the results of the study were never released. Why? Because the well-paid researchers were unable to find any evidence that the election was stolen, fraudulent or even in error in anyway. The results were given to Trump, however, in December of 2020. Nonetheless, days later, on January 6, 2021, he continued his lies anyway, leading directly to the deadly insurrection at the Capitol, for which he has yet to be held to account in any way.

• Finally, Desi Doyen joins us for our latest Green News Report, with the wildly under-reported news of the chemical train derailment, fire and controlled release of toxic chemicals in East Palestine, Ohio last week; After ExxonMobil declared record profits last year, they have signaled their intent this year to do away with their algae biofuel research scam they've been green-washing their company with for years now; And some seemingly good news for EVs following Sunday's Super Bowl...

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There's a reason I always warn, when reporting election results on The BradCast, that they have only been tallied by computers to date, and that errors in results often do not come to light until days, weeks or even months after elections...if ever. [Audio link to full show follows this summary.]

BUT FIRST UP TODAY... Some thoughts on the Bulletin of Atomic Scientists' 'Doomsday Clock' which was, this week, ticked forward from '100 Seconds until Midnight' to just '90 Seconds until Midnight.' The main reason for the move, the first since 2020, as explained by The Bulletin, whose esteemed scientists, diplomats and Nobel Laureates take such decisions quite seriously, is thanks to "Russia's war on Ukraine," its "thinly veiled threats to use nuclear weapons," and for "violating international protocols and risking widespread release of radioactive materials" in bringing "its war to the Chernobyl and Zaporizhzhia nuclear reactor sites."

In response to the metaphorical clock --- first unveiled at the dawn of the Cold War in 1947 --- being moved closer than ever to a proverbial 'midnight', when humanity destroys itself, a Kremlin spokesperson said Wednesday that the move was "really alarming." (Really? You were "alarmed" by this, Russia? Really?!)

That, on the same day that the U.S. and nearly a dozen European countries finally agreed to send modern battle tanks to Ukraine so the sovereign former Soviet nation can better defend itself from the grotesque, ongoing, hostile invasion by it's empirical neighbor.

We take the opportunity today to explain why --- amid our years of (continuing) anti-war advocacy --- we, nonetheless, support Ukraine's right to defend itself against Russia's war crimes; agree with critical support being supplied by fellow democratic nations against an autocratic invader; and how we see many of those on the supposed Left in the U.S. that are echoing Kremlin propaganda by, among other things, demanding Ukraine declare a ceasefire and negotiate with their invaders, have been unhelpfully (and wildly) misled.

THEN... Yes, we likely drive regular listeners crazy when reporting results after elections and offering the caveat, over and over again, that reported results in the immediate aftermath are wholly unverified and only tallied by computers --- either correctly or incorrectly --- and that there is no way to know for certain either way unless and until results of hand-marked paper ballots are examined by actual human beings.

Last week, more than two months since the November midterm elections, we finally learned that a computer tabulator mistallied some of the results in Monmouth County, New Jersey. The error appears to have resulted in at least one loser being named as the winner in a School Board race in Ocean Township. After a probe into "an unrelated issue" caused the County's Board of Elections to notice potential problems in the tallies, an investigation reportedly found errors in six voting districts across four municipalities.

One candidate named as a loser after November 8 last year appears to have won his race by a single vote after results were correctly re-tallied. But a bunch of races had been mistallied originally thanks to results from at least one precinct being uploaded more than once to the Election Management System's central tabulator from a USB memory stick.

While there is no evidence of nefariousness in the matter, a spokesperson from the County's private election vendor, ES&S (the nation's largest), attempted to downplay what happened as "a human procedural error". But the fact that it is even possible to upload the same results more than once without a system warning is disturbing. Longtime election and voting system experts have expressed horror at the problem, if not surprise, given the woeful state of NJ's post-election audit protocols and the nature of proprietary computerized voting system software.

Since the problem has come to light, one state lawmaker has called for passage of a measure that would mandate Open Source software on all voting and tabulation systems in the Garden State, along with the use of paper ballots at polling places. I explain today why Open Source systems (while a fine idea if we must tally ballots with computers) is no panacea, and why the state Senator's call for "paper ballots" --- as opposed to HAND-MARKED paper ballots --- will likely ensure that 100% unverifiable touchscreen voting systems, still shamefully used across most of the state at the polls on Election Day, will continue to undermine confidence in NJ elections.

FINALLY... Desi Doyen joins us for our latest Green News Report, with a spate of troubling new studies on the deteriorating state of our climate, but also with a number of stories detailing some good news, of late, in response to it!

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Seriously, what did you think was eventually going to happen after years of Republicans being lied to that elections were being rigged against them? Lots to discuss on today's BradCast. [Audio link to full show is posted below this summary.]

The shooting spree for now --- we hope --- has come to an end in Bernalillo County (Albuquerque) New Mexico with the arrest of a Trump fan boy and failed Republican state House candidate who lost his election last November by nearly 50 points. With the help of four others, he's allegedly been shooting at the houses of local and state Democratic elected officials over the past month and a half. He was finally nabbed on Monday night. Luckily, no one was killed in the at least four houses he visited and targeted.

Today, we tell the story and detail how elections work in the state (after their disastrous use of touchscreens back in 2000, they now use hand-marked paper ballots tallied by computer tabulators with results confirmed, theoretically, by hand-counted, post-election audits); how the shooter should have been more of a concern much earlier (even before Republicans nominated this dude who only recently ended a 7-year prison sentence); and the fact that none of what happened over the past coupla months in the state's most populous Dem-leaning County should really have come as a surprise. After more than two years of Donald Trump lying about "rigged" elections --- and the state Republican party lying along with him --- it's almost more surprising that this hasn't happened sooner.

It was, as Albuquerque Mayor Tim Keller observed at a news conference on Monday night after the arrest, "what we had all feared and what we had suspected --- that these shootings were indeed politically motivated." He correctly added: "They were dangerous attacks not only to these individuals … but, fundamentally, also to democracy. ... This was about a rightwing radical, an election denier ... And someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence."

And, in another example today of why, when Republicans tell us what they are going to do, we should believe them: the GOP economic terrorists in the U.S. House, as Washington Post reported on Friday, are now making plans for crashing the nation's (and world's) economy by refusing to increase the U.S. debt limit this year.

Hopefully, there will be a large enough handful of not-insane Republicans in the House to work with Dems to raise it in order to pay for what the U.S. (Congress and Presidents of both parties) have already bought, so that we can avoid a first-ever default of U.S. Government debt payments. But, even the dangerous game that the hard-right, radical extremist Republicans are preparing for could send markets --- and the credit rating of the U.S. --- plummeting. As TPM's Josh Marshall smartly headlined a short item on some of these points over the weekend, paraphrasing an infamously ignored Presidential Daily Briefing from August of 2001: "House GOP Determined to Strike US".

Finally, with the seemingly endless storms in California finally ended, for now, we're back to the continuing water woes in the U.S. West. And it's not looking good for Arizona right now. Desi Doyen joins us for our latest Green News Report on that and U.S. solar manufacturing seeing a massive boost, thanks to legislation passed by Dems and signed by President Biden last year (and opposed by all Congressional Republicans); and Exxon scientists from the 70s, sadly, are proven to have been exactly right in their warnings about climate change. Unfortunately, Exxon paid millions to make sure you never heard about those warnings...

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