THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...
Trump's woeful coronavirus response as markets crater; Bullock to run for U.S. Senate in MT; Mop-up and blame game continues after L.A. County's Super Tuesday fail; Callers ring in...
On today's BradCast: Staying laser focused on the things that actually matter if we ever want to restore this nation and the world with it! [Audio link to show is posted below.]
The stock market cratered (again) on Monday, over fears about the quickly spreading coronavirus and plummeting oil prices. That, as the President of the United States tried to tweet away the problem while spending the weekend playing golf and throwing parties for his son's girlfriend at his Palm Beach resort before finding time on Monday to attend two fundraisers in Orlando as the Dow dropped more than 2,000 points, its largest one-day point drop ever and the worst crash seen on the markets since the 2008 global financial meltdown.
With the abysmal failure of this Administration to competently handle either ongoing crisis (and, in fact, make them both worse), we continue to focus on the only foreseeable way out of this disastrous mess: The November 2020 election. On that front, we've got both good news and bad, as usual, with 6 more states --- Idaho, Michigan, Mississippi, Missouri, North Dakota and Washington --- set to vote tomorrow, even as mop-up from voting system failures and counting of votes continues from last week's Super Tuesday in 14 states.
Among the many stories covered on today's program before opening lines to callers with still more tales of horror from voting out here in Los Angeles County last week on our failed new touchscreen voting systems and electronic pollbooks...
Bernie Sanders supporter Rep. Alexandria Ocasio-Cortez (D-NY) said she would vote for Joe Biden if he becomes the nominee, and she recommends that you do too;
Montana's popular Democratic Governor Steve Bullock announces that he will jump into the race for U.S. Senate to unseat Republican Sen. Steve Daines after all, giving the Democrats a fifth potential takeover to win back a Democratic majority this November;
We share some listener email including a woeful story of failure at the polls here in Los Angeles last week, and from a regular listener in Oregon who can't understand why Los Angeles, which saw hours-long lines to vote at the County's new "Voting Centers" on Super Tuesday, doesn't go to an all Vote-by-Mail system (as used in the Beaver State now for two decades.);
California's Sec. of State Alex Padilla, who has been a big proponent of L.A.'s County's new $300,000,000 unverifiable touchscreen voting system over the past ten years, pretends to be outraged about what happened last week and directs L.A. to move to an all VBM system for the critical November election. However, Dean Logan, L.A. County's Registrar-Recorder/County Clerk, the man who spent the last ten years developing the new failed voting system, says he's not sure he thinks VBM for all would be a good idea;
And the Washington Post's Margaret Sullivan penned a landmark column on Sunday, charging "the media is blowing its chance to head off an Election Day debacle" by obsessing over "the horse-race" while ignoring "the very core of Election Day: voting itself". She excoriates the corporate media for failing to cover the many predictable disasters we saw last week in California and Texas until "after-the-fact" while ignoring "deeper issues such as the pressures and inducements for governments to invest in untried new voting machines" when "old-fashioned hand-marked paper ballots" are "the least hackable and the most audit-able". In short, her column sounds alot like just about every rant we've ever offered at either The BRAD BLOG or on The BradCast and spurs us to keep going...whether you like it or not. Thank you, Ms. Sullivan!;
While we've got a bunch of related stories about voting failures, dirty tricks and concerns out of Georgia, Texas, Florida and elsewhere, they'll have to wait until tomorrow's BradCast, as we wanted to open the lines to still more callers with woeful stories of their voting experiences at the Super Tuesday polls here in Los Angeles last week...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: Sad news for many regarding the end of Elizabeth Warren's run for the 2020 Democratic Presidential nomination. But we start with what suffices for good-ish news today regarding both voting and electoral politics, and one very mysterious Super Tuesday election result out of Texas. [Audio link to show is posted below.]
First up, the Board of Elections of Georgia's Athens-Clarke County, where early voting has already begun for the state's March 24 Primaries, has voted to ditch their new touchscreen voting systems to move to a hand-marked paper ballot system. The move is in defiance of the state's Republican Sec. of State Brad Raffensperger, who has ordered the use of new, 100% unverifiable touchscreen voting machines across the entire state, after the County's Board determined that the huge screens on the new Dominion ImageCast systems, said to be visible from 30 or 40 feet away, violate voter's right to a secret ballot under state law. (We interviewed Marilyn Marks of the Coalition for Good Governance, the plaintiff in an emergency lawsuit to move to hand-marked paper ballots in another Georgia county for the exact same reasons, last week.);
More good-ish news out of Montana, where the state's popular Democratic Governor Steve Bullock is reportedly considering reversing his earlier vows that he would not run for U.S. Senate this November against Republican incumbent Sen. Steve Daines. The Governor, a former 2020 Democratic President candidate, won his statewide re-election in 2016 on the same ballot on which Donald Trump is said to have won the state of Montana by 20 points. If Bullock decides to enter the race by Monday's filing deadline, it might offer Democrats a shot at winning the fifth seat they would need to flip in order to retake a clear majority in the U.S. Senate next year. Dems have targeted four other U.S. Senate seats --- in Arizona, Colorado, Maine and North Carolina --- which they believe to be winnable in November, but would need a fifth seat if Alabama's Democratic Sen. Doug Jones is unable to hold on to his this year;
The totally predictable fallout from Los Angeles County's disastrous Super Tuesday election continues today, after the County's new $300,000,000 unverifiable touchscreen voting systems and electronic pollbooks failed so spectacularly during their first countywide use in the March 3rd elections. Washington Post's coverage last night confirms that election workers in L.A. were, indeed, ordered not to speak to media (as I originally reported on Sunday, only to be called a liar on Twitter by the brainchild of the new, failed voting system, L.A. County Registrar-Recorder/County Clerk Dean Logan).
But the biggest breaking news in the embarrassing meltdown that resulted in hours-long lines and disenfranchised voters on Tuesday is that CA's Democratic Sec. of State Alex Padilla --- who certified the new systems for use in January despite warnings from cybsersecurity and voting systems experts, and despite the system's more than 40 violations of California Voting Systems Standards --- has now directed L.A. to send hand-marked Vote-by-Mail ballots to every voter in the County for this November's critical Presidential election;
And, in Houston --- which also saw hours long lines for voters during its primaries on Super Tuesday --- a mysterious, completely unknown candidate on the Democratic ballot has has helped force a run-off for one of the longest serving members of the Texas state House. Despite Natasha Ruiz receiving more than 20% of the vote on Harris County's 100% unverifiable voting systems, the other three candidates in the race say they have never seen Ruiz or found any evidence that she actually had a campaign. She placed third in the four person race, resulting in just 45% of the vote (less than the 50% required to avoid a run-off) for long-serving State Rep. Harold Dutton, who is now investigating whether Ruiz even exists;
Finally, we're joined by the former Editor in Chief of Rewire.news, JODI JACOBSON, a devoted Elizabeth Warren supporter, who is mourning today's announced end of the crusading progressive Massachusetts Senator's once-very promising Presidential bid. We discuss what Warren did right and where her candidacy appears to have gone wrong, why Americans appear to have been afraid to vote for her, and whether Warren might be tapped with a Vice-Presidential nod on either a Joe Biden or Bernie Sanders ticket...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Okay, I gotta make today's BradCast summary really quick, as polls are closing around the country and people are still fighting like hell to cast their votes out here in California. [Audio link to show follows below.]
With 14 states voting in today's critical Super Tuesday elections, voters were once again prevented or absurdly delayed in their attempts to take part. Of all the states holding elections today (Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia) only one --- maybe two --- had a good excuse for the failures.
Tennessee was hit with early morning tornadoes, which resulted in at least 25 dead in or near Nashville, with some 15 polling places knocked out by the storms. Voting continued nonetheless in the Volunteer State, as well as in Alabama, which also saw several twisters just as polls opened Tuesday morning.
But what are the excuses for forcing voters to wait in line for hours in places like Austin and Houston, Texas and up and down the great state of California, where almost 700 delegates in total will be awarded towards the 1,991 needed to win a majority for the Democratic Presidential nomination?
In the dozens and dozens of cases emerging throughout the day --- in L.A. County and at least 15 other California counties, not to mention all over Texas --- as covered on today's program (at least as many of them as we could fit in to a single hour!), it was the failure of computer touchscreen voting systems and electronic pollbook check-in computers. All of which was completely predictable. And we should know, because we've been predicting it for months and much longer, as long time listeners and readers likely know.
We cover a tsunami of such problems across the country today, particularly in California, where Bloomberg News is reporting tonight that L.A. County is admitting some 20% of the the new voting machines deployed for the first time countywide in this election failed to work today. Yes, these are the brand-new, 100% unverifiable, $300,000,000 touchscreen voting systems (which we've very specifically been a lonely voice in warning about for YEARS --- yes, as long ago as 2010, when I was invited to the first development meeting and gave the very same warnings many others are finally offering today. See my 2013 interview with their brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, from back before he decided to no longer answer my questions or appear on the program.)
We also open the phones to callers ringing in with their own various nightmarish experience on L.A. County's new systems and we get an update from the polls in Southern California via KPFK News Director ERNESTO ARCE along with much more infuriating madness on today's program. (Including a smear on Twitter from Logan who called me a liar there last night after I had reported on Sunday that a poll worker at the Hollywood Bowl voting center said he was not allowed to speak to the media and that I had to call a special number to ask questions like "Was it busy today?" "Why was this voting center shutdown for hours yesterday?" "Have many voters been seeing their ballots jammed in the new printers, like that woman?" But, of course, I shared the "receipts" to show who was actually lying.)
Finally, Desi Doyen joins us for our latest Green News Report, on billionaire climate activist Tom Steyer quitting the Democratic Primary race, the coronavirus' deadly clearing of China's air, and a sad sign of climate change at Yosemite National Park...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: A look at what happened over the weekend in Nevada, and a look ahead at wait awaits in South Carolina on Saturday, Super Tuesday three days later, and yes, even beyond. [Audio link to show is posted below.]
So, the Caucuses in Nevada over the weekend went only slightly better when it came to reporting results than the Iowa Caucuses two weeks ago. But, because Bernie Sanders appears to have won in a rout there, the corporate media declared as much and didn't seem to be bothered, or even much notice, that it took another three days before all results were actually in. (Proving once again that corporate media is interested in headlines, not about making sure that voters see their votes counted accurately.)
We cover the reported results out of NV today, beginning with Sanders' landslide victory there, and the fight for runners-up, with Joe Biden coming in second over Pete Buttigieg, followed by Elizabeth Warren in fourth place. She was followed in turn by Tom Steyer and then Amy Klobuchar.
But the night belonged to Bernie. He received well over twice the number of votes than his nearest competitor (Biden) in NV. Buttigieg challenged the reported results from the Saturday caucuses and attacked Sanders during his post-caucus remarks to supporters in a way that Republicans should be very happy about (and in a way that Sanders would have been justifiably excoriated for, had he done anything similar in either 2016 or in this year's cycle.) We explain all of that on today's show.
We also look forward to this Saturday's important Primary in South Carolina and to Super Tuesday in 14 states just three days later on March 3rd. In SC, Biden's once seemingly-insurmountable lead in pre-election polling appears to be slipping, even as he retains a small edge over Sanders there, according to NBC/Marist, as of today.
At the same time, the national polls are seeing some movement as well, with Warren surging into second place behind Sanders and ahead of Biden in a new CBS/YouGov poll out today, reflecting what many regard as her strong debate performance last Wednesday. Their performance, however, was not reflected in the NV Caucuses given, that most caucus-goers had already voted before the debate in Early Voting (which was used for the first time there this year.)
So, with Sanders the front-runner at the moment, having won the popular vote in each of the first three primary/caucus states, members of the "Democratic Establishment" and their media supporters appear to be, well, freaking out a little bit. We play some of that freak out and discuss.
For the moment, however, all eyes are now on South Carolina, where voters across the entire state will be forced to vote on brand-new, 100% unverifiable touchscreen Ballot Marking Devices (BMDs). The new systems, made by Election Systems and Software, Inc., replace the state's old 100% unverifiable touchscreen Direct Recording Electronic (DRE) systems, also made by ES&S. Their systems have failed in election after election over the past decade in the Palmetto State and elsewhere. But, of course, even if they work as designed this Saturday in the SC Primary, it will still be 100% impossible to know after polls close if any ballot cast on the expensive devices actually reflect the intent of any voter.
That's just one of the problems --- though, one of the biggest --- with BMD voting systems. In Los Angeles County --- which has more registered voters in it than the entire state of South Carolina has people --- the Early Voting period for the March 3rd Super Tuesday primary (which will be held in 14 states) began on Saturday. We've been covering L.A. County's brand-new, $300,000,000 touchscreen BMD voting system for some time (about a decade in fact), warning about many of its failures and potential failures.
So, how do you think the first day of Early Voting went in L.A.? According to this report, and some of our own reporting as well, it did not go well, with officials unable to start up the new e-voting systems at all for several hours in a number of locations, some locations where the equipment didn't even arrive in time for Saturday's Early Voting, and an absense of the paper write-in ballots that were supposed to be available at every polling site as the first "condition" in the CA Sec. of State's recent "conditional certification" [PDF] of L.A.'s new "Voting Solutions for All People" (VSAP) touchscreen system.
And now it's your last chance, if you live in L.A. County, to get a real, hand-marked paper ballot instead, by visiting LAVote.net to request a Vote-by-Mail ballot for the March 3rd election before Tuesday night, February 25th at midnight! (And please do the same if you live in ANY jurisdiction in the country where you will be forced to vote on a touchscreen voting systems at the polls!)
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Dr. William 'DocDawg' Busa on a mysterious rightwing PAC spending millions to support a progressive in NC and GOP's pretend love for Sanders; Also: Bernie surges nationally, Trump lies in NH...
As usual, we cover far too much on today's BradCast, as New Hampshire voters head to the polls for their first-in-the-nation primary today. Full reported results from NH tomorrow, of course. [Audio link for today's show is posted below.]
Among those too many things covered today...
We start with some common sense news out of Nevada, where state Democrats, after the Iowa Caucus disaster, have decided to use hand-marked paper ballots for early voting in the state's upcoming February 22nd caucuses. However, they will still be relying on a vulnerable, online iPad tool to record sign-ins (albeit with paper backup, so there's that);
On Monday night, the eve of the New Hampshire primary, Donald Trump rallied in the Granite State by lying to supporters about voter fraud there, and by taking a small page from the disgraced Chris Christie's New Jersey "BridgeGate" scandal. Trump's Secret Service detail, according to campaign officials, made it difficult for Democratic candidates and their supporters to get around the state's largest city. Given that Republican Senators recently gave a thumbs up for Trump to cheat in the 2020 election with their "not guilty" votes at the end of last week's Impeachment Trial, nobody should be surprised he is now doing so;
But there was some very good news for Bernie Sanders from a national Quinnipiac poll on Monday night, revealing the Vermont Senator vaulting into first place ahead of Joe Biden for the first time. We also review a number of other interesting findings for the survey suggesting good news for Sanders, along with a warning that those are national numbers, in a nation that runs state-by-state elections instead. Just ask Hillary Clinton;
As he gains momentum, Sanders is also being forced to defend his identity as a "democratic socialist" and his support for programs such as Medicare for All and the Green New Deal. Republicans (and even some Democrats) are hoping to disparage Sanders with those charges, from which he does not shy away;
At the same time, Trump and friends and family are attempting to sow discord among Democrats by claiming that the DNC is rigging the election against Sanders, hoping they'll convince Sanders' supporters to sit out 2020 if he is not the nominee;
At the same time, Republicans in South Carolina are reportedly urging their own supporters to vote for Sanders in the state's upcoming February 29 primary, since the state GOP cancelled their own primary there as a gift to Donald Trump. The theory, also floated publicly by Trump himself, is that they'd love to run against Sanders this November because, they'd like you to believe he will be easy to beat;
And, just to the north, a mysterious group calling themselves the "Faith and Power PAC" is playing a similar game, by spending nearly $2.5 million to support a progressive state Senator for the Democratic U.S. Senate nomination in North Carolina's March 3rd Super Tuesday primary. The new group appears to be tied to Republicans and the candidate they are running ads for, state Senator Erica D. Smith [pictured above right], is currently running behind the centrist D.C. Dem-supported Cal Cunningham in the contest to win the Dem Senate nomination to run against vulnerable Republican incumbent Sen. Thom Tillis this fall. The TV spot purporting to be on behalf of Smith, highlights her support for Medicare for All, the Green New Deal, and other progressive policies making her "one of us", as the ad claims. (We interviewed Smith on The BradCast late last year, as she was demanding hand-marked paper ballots for North Carolina);
We're joined today by North Carolina's DR. WILLIAM BUSA of the progressive political data consulting firm EQV Analytics to discuss all of the dirty tricks in the Carolinas. Busa, who previously worked for state Senator Smith and writes as "DocDawg" at DailyKos, suggests this mysterious group of Republicans may have made a miscalculation in their attempt to monkey-wrench the Democratic Senate primary race in his state. He also explains how they may have committed fraud in their FEC filing. He shares his insight on the curious NC ad buy and the question of whether Republicans are really interested in running against progressives like Sanders and Smith because they believe they will be easy to beat this November, or because they want Democratic voters to BELIEVE progressives will be easy to beat. "Is this eleventy-dimensional chess or is this Tic-Tac-Toe that they're playing?," Busa asks. "I'm not entirely sure which it is, but I don't think it's eleventy-dimensional chess." We've got a lot to unpack in that conversation today!
Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad Down Under, unquestionably bad news for bumblebees and Antarctica (and, by extension, for all of us) and the interesting way that Democrats raised the issue of climate change during last Friday's Presidential Debate in New Hampshire...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Also: CBS-LA runs investigative report (featuring Brad) on L.A.'s new unverifiable touchscreen voting system; And a word or two about Romney's courage and Trump's ugly everlasting shame...
On today's BradCast: We dispatch with the dark, ugly post-impeachment bitterness of our completely unfit and totally guilty President as quickly as possible at the top of today's show, along with a word or two about Mitt Romney's commendable, historic courage. Then it's on to looking forward to how Americans must remove this dangerous man from office, even as we all must surmount seemingly impossible odds with our nation's terrible, dangerous, nontransparent voting systems in 2020. [Audio link to show follows below.]
On that score, first up, CBS-2 in Los Angeles ran an investigative report this week, featuring yours truly, on the County's new, unverifiable, $300,000,000 touchscreen voting system. We share the report from CBS-LA's David Goldstein in full, along with some additional thoughts, including the eerie similarities between comments in the CBS report from L.A. County's Registrar Dean Logan, who developed the new VSAP ("Voting Solutions for All People") system, on his strong confidence in the first-time use of this new system before the March 3rd Super Tuesday primary, and those from an interview with the Iowa Democratic Party Chair Tom Price on the night before the Iowa Caucuses about his own confidence in the party's new, secretly-developed smartphone app that failed so disastrously the next day.
Then, speaking of Iowa, several reports on Thursday confirm that there was an apparent effort by Trump supporting trolls to jam the phone lines used as the backup for precinct officials to phone in caucus results when the IDP's smartphone app had failed. That element of the story is eerily similar to the 2002 GOP phone-jamming scandal during a U.S. Senate election in New Hampshire that year. Four Republican operatives hired by the party were convicted in a criminal scheme and the party had to pay NH Dems $125,000 in damages afterward. How does that tie to what happened in Iowa? We hope to report more on that on tomorrow's BradCast. But for now, we hope it serves as a reminder that Russia is not the only threat to the integrity of U.S. elections. Not by a long shot.
Today we've got more new, and still-partial (97%), results out of Iowa, showing Pete Buttigieg and Bernie Sanders in a virtual tie, with Buttigieg barely leading in state delegates at the moment (3 out of several thousand divvied up between candidates) and Sanders winning in the raw vote counts in both the first and final rounds of voting on Caucus night. Controversy around the reported numbers, as chaotic and error-ridden as it has been, is actually a good thing, as we explain, given that publicly-witnessed, precinct-based counts (with hand-marked paper ballots to boot) are available from all 1,765 caucus sites. That means, when incorrect numbers have been posted to date, the public has been able to scrutinize and force corrections to those numbers, as has been the case in several instances across the state.
It should also be noted that, despite claims from supporters of some candidates, there is no evidence so far to suggest that any of the errors in reporting were meant to help or harm any particular candidate. As the NYTimes reports tonight, "Some of these inconsistencies may prove to be innocuous, and they do not indicate an intentional effort to compromise or rig the result. There is no apparent bias in favor of the leaders Pete Buttigieg or Bernie Sanders, meaning the overall effect on the winner’s margin may be small."
We go over some of those claims as well today. While some are viewing all of this as chaos and failure, we see it as a victory for PUBLIC OVERSIGHT OF ELECTION RESULTS. Public oversight is generally missing in jurisdictions where computers tally votes (which is to say, in all 50 states) leaving the public often entirely unable to verify results of their own elections. Similar errors occur in virtually every election, but due to the nature of secret counting in most locations, the public rarely learns about or notices them and erroneous results are rarely corrected. That, of course, was what we shamefully saw (or, rather, didn't) in Michigan, Wisconsin and Pennsylvania after the stunning reported end to the 2016 Presidential election.
Now, ironically enough, a furious National Democratic Pary chair is demanding a recanvass of results in Iowa. But where were those same Dems after 2016 when they decided to not challenge or scrutinize any of the dubious numbers from the most surprising Presidential election results in U.S. history?
Finally, we close with Desi Doyen and our latest Green News Report, with more debunkery of Trump's lies about energy at this week's SOTU, some bad news about January's record heat, and some very good news about the scheduled ban on gasoline-powered cars in Great Britain!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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A few days ago, I ran the :30 second preview for this report from David Goldstein of CBS-2 Los Angeles on the new,100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems being deployed to all polling places in Los Angeles County (the nation's most populous) for the first time in the critical 2020 elections. I am seen in the preview responding bluntly to how much confidence voters should have in this new system, as paired with the response to the same question from Goldstein by L.A. County Registrar-Recorder/County Clerk Dean Logan.
We now have Goldstein's full video report and it's posted below.
The first countywide use of the $300,000,000 system, ten years in development, will be for the upcoming Super Tuesday primary on March 3rd in California. What could possibly go wrong? Well, just ask Iowa.
But, beyond that, I've spent a great deal of time in recent weeks, months (and, yes, years) specifically detailing what could go wrong, from the fact that...
that the computer-marked paper ballots it creates can be changed by the system without voters knowledge after they are supposedly verified by voters and then run back through the same printer path that printed them in the first place;
that a recent study found that 93% of voters do not notice when a BMD system has flipped one of their votes;
that Los Angeles County is being sued by Beverly Hills because the system only displays four candidates in any given race at a time, which means that voters could hit the NEXT button to go to the next race, without ever seeing all of the voters in the contest (something that is also not a problem when using a more reasonable, sensible, much less expensive hand-marked paper ballot system);
that this system could result in voters not being able to vote at all, if there is a power or internet outage or ransomware attack;
and that even if voters succeed overcoming all of these obstacles and manage to correctly verify the computer hasn't changed their vote, there is till no way for anybody to know after an election, whether any vote has been printed accurately as per any voter's intent!
That's just some of the concerns about these systems --- and they are true for the new system being deployed in L.A. called VSAP for "Voting Solutions for All People", as well as for other similar systems being deployed for the first time this year in critical battleground states like Georgia, Pennsylvania, North Carolina, Texas and elsewhere, for some insane reason.
Anyway, while I'll have more to say about this on today's BradCast later tonight, I'm happy that at least a few corporate media outlets are waking up to these concerns. Too few, if you ask me. Perhaps more will do so after what's happened in Iowa. But, for now, here's the full report now from CBS-2 Los Angeles' David Goldstein, as aired Tuesday evening on the 11 o'clock news.
On Monday night, the Democratic Iowa Caucuses melted down. Actually, they didn't melt down. They worked as well as expected. It was the reporting of the results from the caucuses that melted down, almost entirely due to a smartphone app that either didn't work as planned --- or because untrained precinct captains had trouble using it for its intended purpose: to send local, transparent, fully publicly overseen caucus site results to the the Iowa Democratic Party headquarters for release to the media. Of course, as we have warned for more than 15 years, it is always a terrible idea to use new, untested, secretly-developed, nontransparent, unnecessary computer technology for mission critical, cannot-fail elections.
On today's BradCast [Audio link posted below], we explain both the Iowa caucus process (which, itself, is actually among the most transparent --- if most complex --- of all the Presidential nominating contests); the known history of this app that failed so spectacularly after warnings by cybersecurity professionals (and by us on this program previously) against its use were ignored; how the app was supposed to work; and the problems from the 2016 caucuses (and even 2012 Republican Caucus in Iowa) that it was meant to solve.
(Relatedly, we also share a :30 second preview clip, featuring me, from CBS-2 Los Angeles, for an investigative report on Los Angeles County's new, untested, 100% unverifiable, $300,000,000 touchscreen voting systems that are being deployed for the March 3rd Super Tuesday primary election here for the first time in the nation's most populous county, despite warnings from cybersecurity and, yes, us. That story, and the warnings I offer in the preview --- and, hopefully, in the full story set to air on CBS-LA this evening --- have suddenly become even more wildly relevant over the past 12 hours or so than they were previously.)
If you take nothing else from all of this, please let it be that even if tech like this works perfectly (it never does), if the public cannot know that it did, confidence in democracy itself is deeply endangered. Though we've been issuing that warning for years, it is more true today than ever, especially after years of tossing additional computer "solutions" at our elections, no matter how dangerous it will be once again in 2020. As one longtime Election Integrity advocate emailed me today, somewhat sarcastically: "Who would have ever thought that using computers for election administration could cause problems? Aren't they supposed to make processes go more easily, more smoothly, faster, more accurate? What a stunner that everything descended into chaos when Iowa Democrats changed from their manual counting/reporting methods to move into the 21st century with computers!"
Before we get to our guest today then, with whom we also discuss all of this, perhaps I can summarize the lessons learned for the moment from Iowa as...A) the madness of using untested, secretly-developed, nontransparent new tech in mission critical elections; B) the importance of publicly overseen results tabulated by humans at the polling place (which Iowa has, despite the app meltdown, so the correct results will EVENTUALLY be known!) and; C) the absurdly complex procedures of the Iowa Caucus itself (on the Dem side --- the GOP side is far simpler) is a nice example of the complications and dangers in store for those who persist in calling for a Ranked Choice Voting (RCV) system. Given the complicated way the Iowa Democratic caucuses work (realignment of votes through several rounds of voting/counting after some candidates do not meet the viability threshold, etc.), it is very similar to RCV or Instant Runnoff Voting (IRV).
If you think the raw numbers, once they fully come out from Iowa, are impossible to understand and add up, just wait until RCV takes hold. As I almost always note on this topic: If you think we have enough trouble as is, transparently adding 1 + 1 + 1 in our elections in a way that can be publicly overseen and understood, just wait until we add the complicated, computer- and central-tabulation required algebra of Ranked Choice Voting to the matter!
Halfway through today's show, the Iowa Democratic Party finally releasedresults from Monday night....well, just 62% of them, incredibly enough. They show Pete Buttigieg and Bernie Sanders in a virtual tie, followed by Elizabeth Warren and then Joe Biden, with Amy Klobuchar not too far behind. But, again, those are only partial numbers, so we don't need to spend too much time on them for now.
We're joined today by the great JOHN NICHOLSof The Nation, just back from Iowa, for an explanation --- and a rant or two --- about all of the above and whether Democratic supporters of several different candidates should be furious...or just breathe...as all of this is ultimately sorted out. There is a lot to discuss with John, who explains why he believes "caucuses suck" and the "scorching, huge damage" this all will have done to the Democratic Party and democracy itself. We agree on some points and disagree on others. But there is just far too much to detail here. So I suggest you just buckle up and tune in today!
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On today's BradCast: Following Friday's shameful vote in the U.S. Senate, where just two Republican Senators were able to muster up the courage to vote against completely blocking all witnesses and documents in the Impeachment Trial of Donald John Trump, we now have just one firewall left against our slide into full authoritarianism: This November's election. [Audio link to show follows below.]
If a President can't be indicted, as the Dept. of Justice falsely claims, and a Republican Senate is more than happy to blatantly rig an impeachment "trial" against a Republican President, the only American firewall left against the collapse of representative democracy as we've known it in this nation is your vote --- and those of every eligible citizen you know --- cast this year and counted as intended. That, as we have warned for many years, is now more difficult than ever in many jurisdictions. Nonetheless, that fight begins tonight in Iowa. (We'll have full coverage of Iowa results on Tuesday's BradCast.)
On today's program, related to all of the above, and before we open up the phones to callers on all of it...
We are "flying blind" as we head into the Iowa Caucuses after the weekend cancellation of the final "gold standard" Des Moines Register poll, due to a procedural error. Though Bernie Sanders, according to other last-minute polling, is believed to be the front-runner on the Democratic side as caucusing begins. That said, the Iowa Caucuses are complicated and notoriously difficult to predict, for some of the reasons we explain on today's program;
Millions of Vote-by-Mail ballots are, as of today, according to a media statement from the California Sec. of State, now on their way to Golden State voters for the March 3rd Super Tuesday primary, when more than a dozen states will be voting in their 2020 primaries all at once. We, again today, endeavor to explain the complicated procedures that are (sadly) necessary in the Golden State to make sure you are able to vote in the party primary of your choosing, as well as the steps you need to take to make sure you do so on a hand-marked paper ballot in order to maximize the odds of your vote actually being counted as cast.
To avoid having to cast a 100% unverifiable touchscreen vote if you live in Los Angeles County (where that will be forced upon you at our new "voting centers") or anywhere else where touchscreens are your only choice at the polling place, PLEASE contact your County and ask for a hand-marked paper Vote-by-Mail ballot. Then, PLEASE deliver it IN PERSON to your polling place or County headquarters on Election Day or as close to it as possible. (Check your local jurisdiction to make certain they will accept hand-delivered vote-by-mail ballots!) To check your voter status --- how and if you are registered, and whether you are signed up for Vote-by-Mail --- please see the CA Sec. of State website's Voter Status page here. To request a Vote-by-Mail ballot in L.A. or request a specific party's primary ballot, go to LAVote.net;
Everyone must be on board and educated about all of this, this year. With the stakes we are now facing, there is ZERO room for error. Please share good information far and wide, and help your friends and neighbors to register, to vote, and to help spread the word to others about how to do the same thing;
Yet another reason for voting on hand-marked paper: I am terrified, for good reason, about the possibility of a ransomware attack that could prevent voters in jurisdictions that now (foolishly and dangerously) rely on computers at the polls for voters to be able to vote at all. One of the latest such attacks/reminders is currently crippling services in Tillamook County, Oregon, where all County computer servers were shut down as of last week due to such an attack. Tillamook is just the latest of dozens of jurisdictions --- states, counties, large and small metropolitanareas --- to be hit by ransomware attacks over the past year. If one occurs on or before Election Day in a county (like L.A.) that now relies on computer pollbooks and voting systems, we will have a disaster on our hands in the upcoming elections;
Of course, such a disaster is exactly what Donald Trump is hoping for, given his unpopularity and his repeated attempts to rig both the 2016 and now 2020 elections in his favor through any means necessary. He is now being aided in that effort not only by Republicans in the Senate, but by the Dept. of Justice itself, which is unlawfully withholding documents that prove, yet again, that Trump directed Administration officials to freeze hundreds of millions of dollars in military assistance to Ukraine in a pressure campaign to force them to help him cheat in the 2020 election;
All of this, as investigative journalist Kurt Eichenwald warned in a chilling Twitter thread on Friday after the vote to block all witnesses and documents in Trump's Impeachment Trial, is why "we are in an extremely terrifying moment in American history." Eichenwald cautions that, because Presidential "emergency powers" have never been defined ("because no one ever imagined a situation like this"), Trump could even attempt to cancel this year's election if he wanted and, like Hitler, could even imprison political opponents such as Joe Biden or Bernie Sanders "if he further advances his argument that he [has] absolute unquestionable control of government."
Far fetched? Please tune in to today's show and then let us know, as callers did in the second half of today's program...
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Guest: Heather Digby Parton; Schiff's powerful plea; CA Sec. of State 'conditionally certifies' VSAP touchscreens, adds curious 'hand-marked paper ballot' provision, Beverly Hills sues over system's critical flaw...
Our special coverage of Donald John's Trump Senate Impeachment trial continues on today's BradCast, but we interrupt that coverage briefly at the top of today's show with some breaking news out of California, on a story we've been covering closely. [Audio link to show follows summary below.]
After we revealed last week that Los Angeles County's new, 100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems were found by the Secretary of State's independent testers to have failed to meet more than 40 requirements of the California Voting System Standards, we called on Sec. of State Alex Padilla to deny certification of these horrific systems and to require a verifiable HAND-MARKED paper ballot system instead for all voters in the nation's largest voting jurisdiction. We called on listeners to send Public Comment to the SoS before the Public Comment period for certification ended this past Monday for L.A.'s new $300,00,000 touchscreen "Voting Solutions for All People" or VSAP system.
I sent my own comment and, in doing so, cited a comment from the brainchild behind L.A. County's new voting system, Registrar-Recorder/County Clerk Dean Logan. As we noted in that comment, Logan promised me a year ago, in January of 2019 via email, that "The equipment/system components [for VSAP] are/will be … in compliance with California's voting systems standards that exceed the federal voluntary system standards."
That vow from the County's top election official now turns out to have been untrue. Today, incredibly, Sec. Padilla "conditionally" certified [PDF] the VSAP system for first-time countywide use in the March 3rd Super Tuesday primaries, despite all of its many flaws.
He did, however, include a very curious --- and, for now, confusing --- condition, stating that "Los Angeles County shall make available in each vote center a sufficient number of blank write-in paper ballots for any voter that requests to cast a hand-marked paper ballot"...
What that means exactly, and whether this now means that every voter will be able to vote in any party's primary with a verifiable hand-marked paper ballot simply by requesting one at one of the 1,000 new Voting Centers (which replace the 5,000 community precincts we've always used in L.A. in previous years) remains to be seen. I have queries out to both the Secretary and Registrar and will report back whatever I can learn when I do.
In related news, the City of Beverly Hills announced Thursday they will sue the County, due to the fact that the VSAP system, as we explained last week, only shows four candidates in each race, before a voter is required to hit a "MORE" button if they wish to see additional candidates in the same contest. That "MORE" button, however, is very close to the "NEXT" button on the touchscreen, and takes voters to the next race without ever showing them all candidates in the previous one.
Padilla's conditional certification calls for mitigation to this enormous design flaw, but not until five months from now when "a plan" must be presented to the SoS regarding redesigned "functionality and usability". That means this flaw --- and the others --will be there for the critical March 3rd primaries and potentially changed before the crucial Presidential election in November. Whether that design change will actually be independently tested to ensure it has not introduced other problems also remains to be seen. But Beverly Hills, which has an upcoming election for City Council with five candidates on the ballot (one who will be hidden on Page 2 of the touchscreen for this race) has now filed a legal complaint, announcing they "are deeply troubled that voters will be disenfranchised by the new VSAP system."
Then, it's back to the ongoing mess on the East Coast in Trump's Impeachment Trial. We share the powerful and impassioned closing remarks from Thursday night's session from Rep. Adam Schiff. The lead Democratic House Manager spoke directly to Republican Senators about the internal dilemma that many are almost certainly facing in realizing the necessity of removing Trump before he cheats again on the 2020 election as he did in 2016 and, as Democrats have proven beyond a shadow of doubt, that he attempted to do in his unlawful pressure scheme with Ukraine to force them to announce an investigation seeking dirt on Joe Biden and an evidence-free claim about the 2016 election. Sadly, despite the power of those remarks, nobody who watches Fox "News" saw them because, as Media Matters found, the pretend "news" outlet showed live coverage of the actual, historic Senate trial "during its evening programming (between 7 p.m and 11 p.m. EST) for a total of just 22 seconds."
We're joined today by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to help us make sense of the past week of the trial as Democrats wrap up their opening (and perhaps closing) argument; what we can expect from the President's attorneys who begin their own presentation in response on Saturday; our best analysis of what comes next; and why Parton predicts "jury nullification" and believes "shamelessness is their superpower"...
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On today's BradCast, after a necessarily quick news round-up today (on Cory Booker dropping out of the Democratic Presidential nominating contest and the Trump Administration's continuing attempt to lie about about Donald Trump's unlawful assassination of Iranian General Qassem Soleimani), we get on to the most important business of the day --- at least for voters in the state of California, though all across the country as well.
Brand-new, 100% unverifiable computer touchscreen Ballot Marking Device (BMD) voting systems, which all voters at the polls will be forced to use for the first-time in the 2020 Presidential election in Los Angeles County, beginning with the March 3rd Super Tuesday primary, are currently undergoing the CA state certification process. The $300 million system is failing state security and certification testing miserably, according to documents buried at the CA Sec. of State website, and reported on today's program for the first time.
In addition to producing a computer-marked ballot that can never be verified as reflecting any voters' intent after an election, documentation of state certification tests of the new "Voting Solutions for All People" system (or VSAP), reveal a myriad of incredibly serious security failures and violations of state law, according to experts we've consulted.
As we detail on today's program, the testers have discovered, among other very serious concerns, more than 40 violations of California Voting System Standards, including findings that reveal:
The VSAP system can be booted from a USB drive that would bypass all security and logging protections and that access to the master account is needed for too many things, meaning that "too many people have access to the root password," according to state testers. That means "The excessive root access and the ability to boot the system from a USB port give access to the system by unauthorized individuals. Either scenario can result in undetected changes to files and data...Both scenarios can allow functions to be executed in non-intended ways. The unrestricted access to, and the ability to boot from, the USB port allows access to voting data";
Many problems were discovered with security regarding encryption and cryptography in the new system;
The testers discovered "It is possible to insert or remove ballots from both the BMD and ballot transfer boxes without detection";
"The printer cover allows access to the ballot box and can be opened without detection";
"Seals, locks, labels and sensors can all be bypassed" without detection.
Those are just some of the many findings that led one national voting system and cybersecurity expert to wryly describe the results to us as "not good" and another to describe the system as "a security fail".
Nonetheless, CA Secretary of State Alex Padilla could still certify the systems for use in the 2020 primaries and general election anyway, following the passage of a law he championed in 2013 as a State Senator that gives the SoS the ability to approve the use of new voting systems, even if they fail both federal and state testing, for actual elections.
The very quiet Public Comment period regarding certification of the unverifiable, unsecure VSAP touchscreen computer voting system ends next Monday, Jan. 20, 2020 at 5pm Pacific Time. We are urging those concerned to contact the state at VotingSystems@sos.ca.gov immediately to ask them to not certify this dangerous, unverifiable system, and to require a HAND-MARKED paper ballot for all voters at the polling place in this year's crucial primary and general elections.
We offer much more frightening detail on all of this on today's program regarding the dangers of this type of voting system as they are proliferating not just in Los Angeles County, but also in key battleground states such as Georgia, Pennsylvania, North Carolina and many others before the critical 2020 elections begin in just weeks time!
We appear to be the only media outlet, to our knowledge, reporting this important information on the failed VSAP tests out of California, so please share widely! We cannot afford to wait until corporate media bother to notice (such as NBC News, which just noticed on Friday a very serious concern about modems in voting systems in several battleground states that we had covered on The BradCast more than six months ago!)...
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On today's BradCast: I've seen a lot of scams pulled off by the nation's largest (and, arguably, most failed) private voting system vendor over my more than decade and a half of covering Election Integrity in the U.S. But what ES&S is now trying to pull off in North Carolina may take the cake. It has also outraged a State Senator who is running for U.S. Senate in 2020 who joins us on today's show to discuss it. [Audio link to show follows below.]
First up today, however, a quick Impeachment update. Freshman Democrats --- both progressives and Blue Dogs --- have begun a campaign to have former Tea Party Republican-turned-independent Rep. Justin Amash serve as one of the House impeachment managers in the (most likely) upcoming impeachment trial in the U.S. Senate of Donald J. Trump. It's an excellent idea....which is why we originally suggested same as far back as May of this year.
Meanwhile, very late on Sunday night --- actually, very early Monday morning --- the House Judiciary Committee submitted its 169-page impeachment report [PDF] to the House Rules Committee, charging that Trump committed "multiple federal crimes" including bribery and wire fraud. The Rules Committee will pass that report on to the House Floor where a vote on two Articles of Impeachment on Abuse of Power and Obstruction of Congress is set to occur as soon as Wednesday. If all goes as generally planned, the Articles will be conveyed to the U.S. Senate for a trial to remove the President after the first of the year.
Over the weekend, Democrats, including House Judiciary Chair Jerrold Nadler and Senate Minority Leader Chuck Schumer, pushed back against Senate Majority Leader Mitch McConnell's recent admission on Fox "News" that he is coordinating "everything I do...with White House counsel" regarding impeachment. Nadler described McConnell's statements --- since Senators serve as supposedly impartial jurors in Senate impeachment trials --- as a "subversion of Constitutional order", noting that the Constitution requires Senators take an oath to do impartial justice before serving as jurors in such trials.
For his part, Schumer over the weekend sent a letter to McConnell requesting subpoenas for four Trump officials, including Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton, to serve as fact witnesses during the trial. If Republicans will not allow witnesses in the trial, some have called for Dems to hold off the trial until the courts determine whether subpoenaed witnesses must testify to Congress, or until after next year's election, should Trump be reelected.
But speaking of the possibility of Trump's reelection, we have been covering in detail the insane deployment of 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in jurisdictions around the country in advance of 2020. Most notably, battleground states Georgia and Pennsylvania tried them out for the first time in last month's off-year election and the systems failed miserably, even during sparsely attended municipal elections, with some voters being forced to wait for an hour to cast their ballot. In Northampton County, PA machines the new ES&S ExpressVoteXL systems recorded zero votes for a candidate who, as it turned out, actually received tens of thousands. Last week ES&S issued an apology for the disaster, taking at least some responsibility for having misprogrammed and/or misconfigured the systems that were used for the first time last month in Northampton and Philadelphia.
At the same time last week, it was revealed in an excellent investigative exposé by Jordan Wilkie at Carolina Public Press, that ES&S, who is submitted one version of their ExpressVote BMD systems for state testing and certification in North Carolina in early 2017, only recently notified the state that they don't have enough of those machines to supply the needs of the state next year. Coming after a two year testing process which ended with certification in August, ES&S is now seeking "Administrative Approval" to skip the state certification and testing process on an updated version of the system. That, even as they had told many other states long ago, according to Wilkie, that the system being tested in NC would not be available for 2020.
Incredibly enough, last Friday, the NC State Board of Elections voted to allow the "Administrative Approval" sought by the company of the new system which many are describing as a "bait and switch" by ES&S. More incredibly, it was passed by the SBE on a 3 to 2 vote, with the Democratic-appointed Board Chair joining with the Board's two Republican members to greenlight the new, untested systems, now set for use in Mecklenburg County next year. Mecklenburg is the closely divided swing-state's largest and most Democratic-leaning county.
We're joined today by STATE SEN. ERICA D. SMITH who has been outspoken and outraged by ES&S's latest scam, along with the SBE's willingness to go along with it. She tells me that the "Administrative Approval" is in violation of state law that she helped pass, and that she intends to take action to try and reverse last week's vote by the Board.
"Unfortunately, they [the Board of Elections] once again supported a machine that has not been tried and tested," she says today. "We passed a law that de-certified all of the older voting machines and required re-certification of the new models. So, in my opinion, they have broken the law or circumvented the law, and have further created disintegration of the public trust in our free and fair and secure elections in North Carolina." Smith calls for hand-marked paper ballot systems to be used instead, and describes falling for ES&S' bait-and-switch scheme and subsequent use of BMDs at this point as "unfathomable".
Smith, a three-term Senator and an engineer by training, also explains that verifiable and more secure hand-marked paper ballot systems are far more inexpensive than the system ES&S is pushing and that both the state Board and Mecklenburg County appear to be falling for. "We should not be substituting convenience for election security," she warns. ES&S "waited until the absolute last opportunity to tell us in North Carolina that they were not going to be able to meet the demand. But they knew that at the time when they accepted the bid." Smith rails. "Once again, it shows that ES&S is indeed a bad actor in this. They have compromised the integrity of this process and we should not let them get away with it."
Smith, a progressive Democrat, is also running for the U.S. Senate nomination in NC next year, vowing to forego all corporate PAC donations and hoping to take on Republican U.S. Senator Thom Tillis in November. She currently leads her closest competitor, Cal Cunningham, for the nomination by 5 points, according to polling last month, and bested Tillis in a head-to-head match-up by 7 points, according to a poll taken earlier this year. And yet, both state and national Democrats have endorsed her opponent, Cunningham. We discuss ALL of these various outrages during a very lively interview with Smith on today's BradCast!...
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Guest: Prof. Philip B. Stark, inventor of post-election Risk-Limiting Audits on his resignation from e-vote 'watchdog' VerifiedVoting.org; Also: A tale of two KY Governors and one corrupt U.S. Senator...
On today's BradCast, we continue down the long and often-too-winding road toward democracy and justice. [Audio link to show is posted below.]
After some 14 hours of debate on Thursday, the U.S. House Judiciary Committee made history on Friday morning by voting along party lines to approve two Articles of Impeachment --- for Abuse of Power and Obstruction of Congress --- against Donald John Trump. It is only the fourth time in America's 243-year history for such a "solemn and sad" event. But Republican Senate Majority Leader Mitch McConnell couldn't even wait for this morning's vote before declaring out-loud on Fox "News" Thursday night that he intends to rig the U.S. Senate's impeachment trial. The Kentucky Senator (who is up for re-election next year) and leader of the Senators who will serve as jurors in the impeachment trial to consider removal of the President early next year --- presuming the full House votes to adopt the Articles next week --- boasted that he has been colluding with the accused in order to assure the Senate trial will be anything but fair.
Speaking of Kentucky and the importance of uncorrupted democracy, on his way out the door, now thankfully-former Republican Tea Party Governor Matt Bevin, who narrowly lost reelection last month in the otherwise "red" state to Democrat Andy Beshear, pardoned and/or gave commutations to 428 convicted criminals. Among those granted clemency are a convicted child rapist, a man who hired a hit man to kill his business partner, and a third who killed his parents. Perhaps most appalling, however, was the pardon for a home-invasion murderer in the second year of his 19-year sentence, after the man's family threw a fund-raiser for Bevin's campaign just last year. (His two accomplices, whose families did not donate to the Governor, remain in jail.)
By way of contrast, the new Democratic Governor, on his second day in office this week, restored voting rights and the right to run for public office to some 140,000 non-violent former felons, leaving Iowa as the only state in the union which still bans all former felons from voting for life. Yes, voting and elections still matter.
But the right to vote and have that vote counted accurately, in a way that we can know it has been counted accurately, continues to be an ongoing fight for Election Integrity advocates across the country as we are weeks away from the start of voting in the 2020 Presidential race. On Friday, several such groups filed a lawsuit in Pennsylvania to block the use of brand new, 100% unverifiable touchscreen Computer Ballot Marking devices made by ES&S, and set for use in the key battleground state next year, after the systems failed to correctly record tens of thousands of votes during last month's municipal elections. The suit seeks to block the new touchscreen systems from use and to require hand-marked paper ballots instead in at least 17 percent of the state, including Philadelphia. Failure in that much of the state next year would be more than enough to throw the results of the 2020 Presidential election one way or another in the critical swing-state.
After those new systems failed so catastrophically during their first use last month (as new, similarly unverifiable touchscreen systems did in Georgia on the same day), long-time, previously well-respected e-voting watchdog group VerifiedVoting.org seemed to help both elections officials and private vendors off the hook by endorsing so-called Risk-Limiting Audits of some of the computer-marked paper ballot summaries produced by the systems in both states.
That appears to have been the last straw for Verified Voting's Board of Directors member Prof. PHILIP B. STARKof UC-Berkeley. Stark, a math and statistics professor, as well as a Board of Advisors member on the US. Election Assistance Commission (EAC) is the inventor of the post-election Risk-Limiting Audit (RLA) protocol. He has been trying, in recent months, to make clear to elections officials and vendors that RLA's of computer-marked (versus hand-marked) paper ballots are "meaningless" [PDF], because its impossible to verify that they reflect voter intent. With Verified Voting jumping in to publicly praise GA and PA's use of such tests to proclaim that reported results accurately reflected voter intent, Stark submitted a blistering resignation letter [PDF] to the group.
The missive, which he shared with me on the night he recently sent it, decries VV's "whitewashing [of] inherently untrustworthy elections by overclaiming what applying RLA procedures to an untrustworthy paper trail can accomplish." He accused the non-profit, non-partisan organization of "providing cover for inherently untrustworthy voting systems --- and the officials who bought them, the companies that make them, and any officials who might contemplate buying them in the future --- by conducting 'risk-limiting audits' of untrustworthy paper records, creating the false and misleading impression that relying on untrustworthy paper for a RLA can confirm election outcomes." His resignation letter charged that the result of VV's action was "security theater, not election integrity."
Stark joins us on today's program to discuss the response to his resignation from leadership at Verified Voting and the other well-respected, world-class cybersecurity and voting systems experts who serve on its Board (many of whom have appeared as guests on The BradCast and sources for BradBlog.com over the years). "Verified Voting retracted a tweet that had claimed that Risk-Limiting Audits, or audits to be conducted in Pennsylvania, would confirm outcomes when they suffered from the same flaw that the audits in Georgia did," he says. "I think in general, the board and I are sorry to part ways. I would gladly go back, if they revised their public position with regard to what audits of an untrustworthy paper trail can possibly accomplish."
[Update: No sooner did we get off air tonight, than the resignation of yet another, very well-respected VV Board Member, Prof. Rich DeMillo of Georgia Tech and former Chief Technology Officer at Hewlett-Packard, became public as well. DeMillo's most recent appearance on The BradCast is here. His resignation letter and a story about it is now posted here.]
Stark also explains --- as I've been very skeptical of the efficacy of post-election audits for many years, for reasons described on the program --- how RLAs work and/or don't. He tells me what type of voting systems he believes to be best for the secure and overseeable casting and counting of votes in American elections (hint: no computers necessary), and much more, including a conversation about just some of the many dangers of computer Ballot Marking Devices (BMD) proliferating the country for 2020, and the ability for voters to cause chaos with them by reporting --- either accurately or not --- that the systems have misprinted their votes on Election Day.
"They're completely vulnerable to crying wolf. Even if an election official trusts public complaints that their votes were altered or contests were missing, then their only recourse is to run a new election, and that opens the possibility for people colluding to cry wolf and have an election invalidated. In the other direction, the incentives are stacked in favor of election officials saying, 'well, it was probably just voter error, we're going to let it stand.'" That, argues Stark, is exactly what we saw last month in Northampton, PA, when elections officials and ES&S claimed that "just by re-tabulating the paper that was printed by technology that malfunctioned big time, they can figure out who really won. It's farce."
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Impeachment debate continues in House Judiciary, Newspapers are in support; First 2020 ballots go out in two weeks; St. Louis County, MO's easy move from touchscreen to hand-marked paper ballots...
Desi and I are back for today's BradCast --- (thanks for saving us over the past three day, Nicole Sandler!) --- as the House Judiciary Committee's debate over two Articles of Impeachment against Donald J. Trump continues and with the first ballots for the 2020 elections set to be mailed out in just over two weeks. That, even as many jurisdictions around the nation are still choosing between gambling on faulty new electronic voting systems or moving to safe, verifiable hand-marked paper ballot systems. [Audio link to full show follows below.]
Among the stories covered today...
Dems continue to make Trump's reelection easier for him with fresh compromises in Congress, including approval of his new Space Force military branch and expanded paid parental leave for millions of federal workers (as also supported by Trump);
The (so far) two-day markup of the Democrats' two Articles of Impeachment against Trump continued into Thursday after opening statements on Wednesday night. We share some notable and pointed clips from Democratic Reps. Steve Cohen (TN), on the President's attempts to undermine American democracy itself; Pramila Jayapal (WA), who accurately describes Trump as "the smoking gun"; and Veronica Escobar (TX) who offers a great analogy to explain how Trump's attempt to force Ukraine to help him in the 2020 election would have landed any other public official in jail;
In an attempt at fairness, we searched for hours (and hours) to find remarks from the Republican minority that were not comprised of blatantly false claims, wholly misleading information and/or out and out lies. We failed. We did find Rep. Ken Buck (R-CO), however, apparently characterizing 2016 Green Party Presidential candidate Jill Stein as a "Democrat" and falsely claiming that she filed "a frivolous lawsuit...claiming voting machines were rigged in three states" in 2016. She did no such thing. Nor did anybody else to our knowledge. But that's the sort of knowingly fake news Republicans are now using to try and defend their President from impeachment. They are also claiming that "Abuse of Power" and "Obstruction of Congress" are not actually high crimes and misdemeanors (which would likely come as a delightful surprise to Richard Nixon);
Three years into his Presidency, major newspapers are now finallyjumping in to support Trump's impeachment --- now that he is already being impeached. That, after many of those same courageous outlets called for Bill Clinton to resign from office within just days of a sex scandal that resulted in his own impeachment. But we do offer some well-deserved kudos to the American Conservative magazine, for their non-hypocritical support of Trump's impeachment, find the case to be "Overwhelming";
As to what We, The People, can do about all of this, the first ballots of the 2020 Presidential Primaries will be sent out as early as December 28, just two weeks from now, for military and overseas voters participating in New Hampshire's February 11 primary. And voters from more than a dozen states which are holding Super Tuesday primaries on March 3rd --- including Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont and Virginia --- will begin receiving Vote-by-Mail ballots in just over a month, as of January 18. That's before the Iowa Caucuses on Feb. 3 or the New Hampshire primary on Feb. 11;
Nonetheless, there are still many jurisdictions around the country fighting to determine exactly which voting systems they will be using at the polls in the 2020 elections. Recent failures of brand-new touchscreen voting systems in Pennsylvania, Georgia and Texas should spook officials and voters alike, even as officials in the battleground state of North Carolina are facing big problems with their plans to use similarly unverifiable systems.
Meanwhile, in Missouri, the most populous jurisdiction in the state, St. Louis County, was able to move seamlessly from unverifiable touchscreen systems to a brand new, completely verifiable, "Print-on-Demand" hand-marked paper ballot system last month with no complications, and at a saving of some $3 million for tax payers!;
Finally, Desi Doyen joins us for both good news and bad in our latest Green News Report, as Exxon is exonerated in a big climate fraud case, while 16-year old climate activist Greta Thunberg is named TIME Magazine's 2019 "Person of the Year"!...
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With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]
First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.
On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.
In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.
Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.
While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.
To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.
For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.
Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.
We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.
"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.
After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.
"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."
Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.
"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."
Tune in for much more that you need to hear from this conversation!
Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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