As usual, the incoming President has almost no clue what he's talking about. Not that he cares or that it matters. That's especially true, as discussed on today's BradCast, when it comes to elections and voting laws. [Audio link to full show follows this summary.]

FIRST UP... It's another one of those fire-hose news days akin to what we experienced, day after day, during the first Trump term. We can only cover what we can cover. So, we start with the news, as reported by CNN today, that the House Ethics Committee voted in secret earlier this month to release the report from their years-long investigation of allegations against now-former Rep. and now-former Attorney General nominee Matt Gaetz. The report, which Republicans on the bipartisan panel voted against releasing in November, is said to focus on allegations of Gaetz' salacious sexual misconduct with minors, illicit drug use, and other crimes, potentially included bribery and more. CNN says the Committee has decided to make the report public "after the House's final day of votes this year" unless they "change course now that it has voted."

NEXT... In an update to a story we've been following since last month's election, the North Carolina State Board of Elections has decided it will not order a full hand-recount in the election for State Supreme Court between the incumbent Democrat, Justice Allison Riggs, and her Republican opponent, Jefferson Griffin. The original computer-reported tally from the November 5 contest found Riggs defeated Griffin by 623 votes out of more than 5.5 million ballots cast. A Griffin-requested machine recount widened Riggs' lead to 724 votes over the Republican challenger, who then requested a hand-count. State law allows a small number of precincts in each county to be hand-counted before ordering a full hand-count in the event that the smaller audit is way out of line with the computer recount. In the hand-count samples in all 100 counties in NC, both candidates picked up votes (Riggs gained 70, Griffin picked up 56), but it was not enough to trigger a full, statewide hand-count. With Riggs declared the certified winner, Griffin is also seeking to toss some 60,000 ballots out entirely, claiming those voters, including military and overseas voters, were either not entitled to vote or to have their votes counted. The matter is expected to end up at the state Supreme Court. Presumably, Justice Riggs, one of just two remaining Democrats on the seven-person High Court, will recuse herself if that happens.

THEN... Donald Trump has been vowing and/or threatening to end Joe Biden's "EV mandate" on "Day One" when he takes office, even though there is no Biden "EV mandate." A week or so ago on Meet the Press, Trump reiterated his plans to sign Executive Orders to "end the electric mandate immediately for the cars" and for "ending a lot of the environmental things that were ridiculous that hurt our country very badly and didn't do anything for the environment...ya know, standard things." This week, Reuters has an exclusive report on the specific plans from the Trump Transition team for those "standard things", including what the news outlet describes as "sweeping changes to cut off support for electric vehicles and charging stations" and to redirect that funding to "national-defense priorities." The plans also involve reversing California's (and twelve other states') emission standards that save lives and reduce energy prices for residents, and doing away with the Biden administration's $7,500 consumer tax credit for EV purchases, a policy expected to harm U.S. automakers like General Motors (if less so for Tesla, whose CEO spent more than a quarter of a billion dollars to get Trump elected). But all of those things may be easier said than done, certainly on "Day One", as Desi Doyen explains.

FINALLY... Speaking of easier said than done, Donald Trump has also been demanding changes to voting and election laws, most prominently after he began falsely claiming that the 2020 election was stolen from him. Earlier this month, he declared at a Fox "News" event, once again, that "we want to have paper ballots, one-day voting, voter ID, and proof of citizenship" among other changes to election law that he has repeatedly called for. He doesn't seem to understand most of the things he's demanding, nor care about the fact that some of the measures would disenfranchise millions of Americans.

We're joined today by JOSHUA A. DOUGLAS, election law professor at the Univ. of Kentucky College of Law; author of a number of recent books on American democracy, and now the host of the Democracy Optimist podcast and companion newsletter.

This week, at Washington Monthly, Douglas explained why Trump, in truth, will have "little official power to implement the new rules he supports," given that the U.S. Constitution gives most power regarding elections to the states. While Congress has certainly adopted a number of landmark federal voting laws over the years, Douglas tells me today, "it's really a process of local control. The President himself cannot issue an Executive Order or some sort of decree that elections should be changed one way or the other without states being the ones to pass those laws --- or Congress, but that's a difficult path, as well."

"The President doesn't have any power unilaterally to dictate election rules," says Douglas, while recognizing that Trump will have both the bully pulpit to muscle Congress and states into adopting new laws and rules, along with the power to appoint members of the Federal Elections Commission (FEC) and Election Assistance Commission (EAC) and, particularly in Trump's case, to direct his Dept. of Justice to enforce certain laws and ignore others. "But the President, under the Constitution, doesn't have any formal powers to regulate elections, beyond signing or vetoing a Congressional law."

We step through some of the specific measures Trump has been demanding, such as "paper ballots" (which the vast majority of voters already use), "one-day voting" (ending absentee and early voting), Voter ID (already mandated by most states and, under federal law, already required when registering voters in all 50 states), and the point that most concerns Douglas, "proof of citizenship" when registering to vote. If actually adopted at the federal level, he argues, it would likely disenfranchise tens of millions of voters and become "a real logistical nightmare for election officials."

The efforts by Republicans to change election laws on the state level, are a different matter, as Douglas explains as well. But, bottom line, there is no "magic wand" for Trump to use to undermine elections by himself, much less on "Day One". And there are quite a few things that YOU can do, to stop him and anyone else who would try to restrict our right to vote.

Given recent events, is Douglas still the "democracy optimist" he was when he originally named his podcast and newsletter earlier this year? Tune on in to find out...

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Okay. The best way to take in today's BradCast is simply to listen to it. That is almost always the case, but especially today. The stuff you are tuning in for is likely right up front today. [Audio link to full show follows this summary.]

I have been hearing from a lot of listeners of the show and readers at The BRAD BLOG since the election, especially on the heels of our coverage last week of a letter sent to Vice President Kamala Harris by a group of top-flight computer scientists and cybersecurity and voting system experts, explaining to her why they are strongly urging her to seek hand-recounts of ballots in several battleground states. I covered their 5-page letter [PDF] in detail on our show last Thursday, along with my interview with longtime University of South Carolina computer science professor and voting system expert, Duncan Buell, one of the signatories.

Around the same time, a longtime financial services security expert, Stephen Spoonamore, who I've known for many years, also begin describing his own concerns about the reported results of the November 5th Presidential election, and has now sent two "Duty to Warn" letters to the Vice President (here is his latest) also recommending she ask for hand-recounts in several battleground states.

While the group of experts cite well-documented evidence of Trump supporters unlawfully breaching proprietary voting systems, copying its software and distributing it across the Internet following the 2020 election, in states including Georgia, Michigan, Pennsylvania and Colorado (for which several have been charged and/or convicted with felony crimes), Spoonamore's worries are a bit more speculative. He is concerned by his analysis of a reportedly high number of what are known as "Bullet Ballots", which include one single vote (in this case, for Trump for President) and for no one else on the ballot. He augments that concern with what he fears could be a related bevy of hoax bomb threats in largely Dem-leaning jurisdictions on Election Day, said to have come from Russian email domains, as well as the use of Trump supporter Elon Musk's Starlink Internet system in a number of places.

My opening monologue today speaks to all of those concerns, as shared by many Harris supporters who --- not unlike Trump supporters in 2020 and Clinton, Sanders and Kerry supporters in years past --- are suspicious of the reported results of the election. I try to offer some much-needed clarity about what Spoonamore, somewhat misleadingly, described originally as Bullet Ballots, cast at a suspiciously high rate in some battleground states, but not in immediately neighboring states, as well as his other allegations.

Many more details in the show, right up at the top, if you want to give it a listen. But, the long and short is this: It doesn't matter what one's reasons may be for a lack of confidence in the reported results, as currently tallied almost entirely by computer tabulators, either correctly or incorrectly. The only way to answer those concerns, and to determine if the results were tabulated accurately, is with a public hand-count of ballots, either in whole or even in a smaller audit of a random sampling of precincts to ensure computer-reported results accurately reflect the intent of voters.

That has been true for the two decades that I have been reporting on these issues and similar concerns --- sometimes justified, sometimes not (again, it doesn't matter) --- whether they come from Republicans or Democrats or third-party voters. Publicly hand-counting paper ballots (hopefully hand-marked paper ballots!) is the only way to possibly gain confidence among those in the electorate who are suspicious, rightfully or not, about reported results. Public hand-counts remain the Gold Standard for democratically conducted elections --- no matter how many in the media, or even in the "elections industry", misleadingly suggest otherwise.

When you really REALLY need to know who won the closest of elections, you publicly hand-count the ballots. Doing so, by the way, is not always dispositive. There are still sophisticated ways to defraud even a publicly hand-counted election. But it's the best and easiest place to begin.

As noted, there is much more specific detail in my coverage of all of this today, including, for example, news on a hand-counted audit of several precincts this week in Centre County, PA, following a still-unexplained problem uploading absentee ballots into the County's tabulator system on Election Day. So, for those who have touched base with me about any or all of these related concerns, please tune in today!

ALSO TODAY...

• Speaking of counting votes in Pennsylvania, hedge-fund CEO and Republican U.S. Senate candidate Dave McCormick currently leads three-term Democratic Senator Bob Casey by about 17,000 votes, or about one-quarter of one percent, out of nearly seven million votes tallied in the contest. A recount is set to begin shortly, and Counties may choose to count ballots either by hand (please do!) or by a different computer-tabulator than those used to tally them originally. But all of that is taking place amid a legal battle that has stretched on for years, concerning whether absentee ballots, which are known to have arrived on time, but with missing or incorrect dates on their outer envelope, should be counted. A number of counties led by Democrats say yes, they should be counted and that the dates are meaningless. That is true and almost everybody --- even many Republicans, including McCormick who sued to include such ballots in the count when he narrowly lost a 2022 GOP primary --- agree! But, in response to lawsuits filed by 2024 Dave McCormick joined by the Republican National Committee, the Pennsylvania Supreme Court ruled on Monday that, no, those votes may not be counted this year, since (terrible) state law mandates they may not be. More details, as usual, on today's program.

• Yesterday on The BradCast, we discussed the importance of full and proper FBI vetting of nominees to top Presidential Administration posts with former Deputy Asst. Attorney General and former Chief Counsel for Nominations in the US Senate, Lisa Graves. Instead, Donald Trump's team has hired a private firm to vet potential nominees. Graves explained how such background checks are critical for ensuring that top government officials do not have leverage that may expose them to blackmail, etc. Well, new details now coming out about the allegations of sex trafficking of 17-year old girls by Trump's nominee for U.S. Attorney General, Matt Gaetz serve as a reminder of how important that is. The fact that files said to detail evidence and testimony on some of the most illicit and disturbing charges against him were reportedly hacked from a law firm on Monday puts a huge, blinking, screaming red flag next to that point!

• Finally, Desi Doyen joins us for our latest Green News Report as Trump nominates climate science deniers and fossil fuel profiteers to top environment-related cabinet posts, and as President Biden visits the Amazon Rainforest to tout some of his landmark achievements taking on climate change...before Donald Trump returns to office and works to reverse much of that critical progress...

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Computer scientists, cybersecurity experts and voting systems experts are concerned following last week's election. One of them joins us to explain on today's BradCast. Also, some personal recollections today, for reasons you will learn if you haven't already, of rightwing conspiracy-monger Alex Jones. [Audio link to full show follows this summary.]

As our friends at the nonpartisan government watchdog Free Speech for People announced on Wednesday, "A group of computer security experts have written to Vice President Kamala Harris to alert her to the fact that voting systems were breached by Trump allies in 2021 and 2022 and to urge her to seek recounts in key states to ensure election verification." The well-respected experts are hoping she will use her standing as candidate for President to seek hand recounts of paper ballots, or at least smaller so-called Risk Limiting Audits, to assure the results reported from the November 5, 2024 election are accurate as per voter intent. The vast majority of results reported at this time, and prior to certification, are tabulated only by computers --- either correctly or incorrectly. It's impossible to know without a hand examination.

The scientists and security expert concerns, as they explain in their 5-page missive [PDF] to the Veep, spring from the fact that Donald Trump supporters, following the 2020 election, unlawfully breached proprietary voting systems in a number of states, then copied and distributed the software to an unknown number of people.

We have reported here in great detail on a number of those breaches over the past several years, including most intensively in Coffee County, Georgia. There, a number of Trump supporters unlawfully accessed the statewide voting systems beginning on January 7, 2021 --- the day after the attempted U.S. Capitol insurrection --- and, as one of the participants noted on a recorded phone call, "scanned all the equipment, imaged all the hard drives and scanned every single ballot." Several members of that effort, including Trump attorney Sidney Powell, were eventually charged with felony crimes as part of Fulton County's sweeping racketeering case filed against Trump and 18 co-conspirators.

As the security experts explain in their letter to Harris, "Possessing copies of the voting system software enables bad actors to install it on electronic devices and to create their own working replicas of the voting systems, probe them, and develop exploits. Skilled adversaries can decompile the software to get a version of the source code, study it for vulnerabilities, and could even develop malware designed to be installed with minimal physical access to the voting equipment by unskilled accomplices to manipulate the vote counts. Attacks could also be launched by compromising the vendors responsible for programming systems before elections, enabling large-scale distribution of malware."

Following the discovery of the Coffee County breach in Georgia, the state's voting system vendor, Dominion, issued security patches, which the U.S. Cybersecurity and Infrastructure Security Agency (CISA) strongly urged jurisdictions around the nation which use those same systems to apply immediately. GA's Sec. of State Brad Raffensperger, however, refused to do so before the 2024 election.

"In the light of the breaches we ask that you formally request hand recounts in at least the states of Michigan, Nevada, Wisconsin, and Pennsylvania," the security experts request in their letter, while clarifying for those who may try to confuse them with Trump's "Stop the Stealers" who falsely claimed fraud in the 2020 election: "We have no evidence that the outcomes of the elections in those states were actually compromised as a result of the security breaches, and we are not suggesting that they were. But binding risk-limiting audits (RLAs) or hand recounts should be routine for all elections, especially when the stakes are high and the results are close. We believe that, under the current circumstances when massive software breaches are known and documented, recounts are necessary and appropriate to remove all potential doubt and to set an example for security best practices in all elections."

They urge Harris to move quickly because, while post-election audits of varying quality are carried out in a number of key states, many will be conducted only after certification and after the window to seek recounts that could affect election results has closed.

We're joined today by one of the seven letter writers, Professor DUNCAN BUELL Ph.D., NCR Chair Emeritus in Computer Science and Engineering at the University of South Carolina. Buell has been studying and serving as an expert on computerized electronic voting and tabulation systems for decades now.

"It's crap software," Buell tells me bluntly about systems made by ES&S, the nation's largest vendor, whose software he has studied most closely. "We know that most of the ES&S system has been exported to the web and is available to any and all bad actors. We know for sure that the Dominion system has been exported and is available. And we know from studies of both systems that they fail to provide the kinds of security issues that would prevent bad things from happening," he says.

"Given what we know, that all of this horrible software has gone into the wild, the prudent election director will take absolutely every possible method to verify that the results are, in fact, correct." But, Buell explains, unless ballots are examined by hand, "we don't know that the results we are seeing are actually the results."

He describes the software in question --- as Georgia's Attorney General did prior to the revelation of the Coffee County breach --- as "the keys to the kingdom" and argues that it is "absolutely bananas" that the tabulation of ballots and programming of the software is not verified.

We cover much more in our conversation, including a number of large, if still-unexplained tabulation errors (that were luckily discovered during canvassing) in states like Pennsylvania and Michigan; questions about a reportedly, unusually large number of so-called "bullet ballots" featuring just one single vote in last week's election, but only in battleground states; and several ways to improve the systems in the future to allow more oversight of election results to the public.

ALSO TODAY....

• Rightwing conspiracy theorist Alex Jones' Infowars website, archives, equipment, studio and more have been obtained through auction by the beloved satirical website, The Onion. The purchase is part of a judge-ordered liquidation of Jones' assets following a hard-fought, nearly $1.5 billion judgement against him won by the families of victims of the 2012 Sandy Hook Elementary School massacre, which Jones spent years decrying as a "hoax". I take the opportunity today to share a few of my own personal recollections of my run-ins with Jones in years past.

• And finally, Desi Doyen joins us for our latest Green News Report, as New York and New Jersey grapple with record drought and autumn wildfires, as climate advocates from around the globe seek solutions at the latest U.N. Climate Summit in the wake of the election of climate change denier Donald Trump, and his vows to roll back progress from the last four years...

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I'm writing today's BradCast summary much quicker than usual, as polls are now beginning to close with unofficial results coming in momentarily. But we've got a lot packed into today's show no matter when you tune in, that may help you make sense of what will happen tonight and over the next several days (and weeks and even months!). [Audio link to full show follows below.]

Among our coverage today....

• Not much help on who's gonna win from the voters of first-in-the-nation Dixville Notch, New Hampshire, the first town in the nation to both open and close their Election Day polls just after midnight last night. Their six total voters tied 3 to 3 between Kamala Harris and Donald Trump. But four of those voters are registered Republicans and two are independent. So it might actually tell us more than originally appears.

• Polling guru Nate Silver's final forecast model for the 2024 Presidential election, which ran 80,000 simulations just after midnight, based on the latest pre-election polling and other noteworthy data, finds that Kamala Harris won precisely 40,012 of them. Or 50.015% of the time! Not much help there either. We may have to wait for actual, ya know, votes to be actually, ya know, counted before we can find out if all the polls telling us that everything is "tied" are actually right. (I wouldn't bet on it.)

• There were a number of problems for voters around the country today, though not widespread, so far, and, thankfully, not violent (so far) as some had feared. There were bomb threats in Georgia, said to have come from Russian sources. But most of the issues that have come to light so far were with voting systems, of the type we've seen many times in the past. Hand-marked paper ballots that failed to scan in a very Republican-leaning county in the battleground state of Pennsylvania, where polls were ordered to stay open an extra two hours to accommodate. Print-on-demand ballot printers that failed in a very Democratic-leaning county in battleground Arizona, leading to long lines for Native American voters. Similar isolated problems in a Democratic-leaning Louisville in Kentucky, as well as in parts of Alabama and Iowa. Thankfully, in most cases reported so far, voters were able to continue voting on hand-marked paper ballots, even if they will be tallied later --- and, in some cases, by hand --- as opposed to by computer tabulators at the polls. In some cases, lines grew longer as the problems were worked out, and judges ordered polls to stay open a bit longer tonight in the bargain. While rain drenched parts of several states, reports today suggest that voters were happy to tough it out with raincoats and umbrellas in long lines in order to cast their votes in the most critical Presidential election in U.S. history.

• We run down what is now expected to lie ahead over the next few hours, days, weeks and even months, particularly in the event that Kamala Harris is declared the winner by the media either tonight or over the next few days, and how Donald Trump will likely declare victory tonight no matter what.

• Relatedly, longtime election data researcher and author Richard Hayes Phillips helps us break down the battleground states likely to offer a "red mirage" in their reported results beginning this evening. That is where initially reported results misleadingly suggest a Republican win before more Democratic-leaning results come in because of various factors, including absentee ballots taking longer to tally in states where officials are not allowed to begin processing them until Election Day. He advises to be on the lookout for that "red mirage" effect tonight --- and to not panic when it inevitably does! --- particularly in the critical battleground states of Arizona, Nevada, Pennsylvania and Wisconsin. Many more details on that in today's show.

• And, while we wait...a couple of somewhat related moments out of television's "Golden Years", including a 1958 western featuring a conman actually named Trump (seriously!) who is trying to terrify a town into paying him for a wall(!) to protect them from what he warns will otherwise be complete and total destruction. (Yes, seriously!) We played this clip originally back in 2019, but hauled it out again today in hopes that it might be the last chance for it to be relevant ever again. (Wishful thinking?)

• And, some thoughts from TV's 98-year old legendary icon Dick Van Dyke who, yesterday, endorsed Kamala Harris and, along with it, included a video in which he reads a speech he initially delivered at an event with Martin Luther King, Jr., as written by Twilight Zone creator Rod Serling, in Los Angeles in the Spring of 1964, just before passage of the Civil Rights Act. "Hatred is not the norm," Van Dyke reads from the 60-year old speech this week, during a moment in history that, he says, makes the speech "mean as much today, if not more, than it did then."

• Finally, Desi Doyen joins us for our Election Day Green News Report, as wet weather complicates voting after October was one of the driest on record in almost every state; as a new tropical storm threatens the Gulf Coast; along with a boatload of actually very positive climate news for the U.S. as President Biden begins to wind down his term in office amid landmark climate achievements...

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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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