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Latest Featured Reports | Sunday, October 6, 2024
Time Running Out For
All the Trump Rackets: 'BradCast' 10/3/24
'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
'Green News Report' 10/3/24
  w/ Brad & Desi
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
Previous GNRs: 10/1/24 - 9/26/24 - Archives...
Vance Sane-Washes Trump, Self in Polite, Lie-Filled VP Debate with Walz:
'BradCast' 10/2/24
Special coverage with Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
How You Can Help Protect Democracy This Year: 'BradCast' 10/1/24
Guest: Emily Levy of Scrutineers.org; Also: Iran/Israel escalation; Dockworkers strike shuts down ports; Search, recovery -- and climate denier lies -- continue after Helene...
'Green News Report' 10/1/24
  w/ Brad & Desi
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
Previous GNRs: 9/26/24 - 9/24/24 - Archives...
The Predictable Horrors of Helene: 'BradCast' 9/30/2024
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Springfield Haitians Sue Trump, Vance, Musk et al over Defamation, Death Threats
Add'l defendants include Trump, Jr., OH A.G. Yost, OH U.S. Sen. candidate Moreno, LA Rep. Higgins...
Sunday 'Protection Racket' Toons
THIS WEEK: Creepers, Cowards and Conmen! (And they're all the same guy!)... In our latest collection of the week's creepiest toons...
Trump Weaponized Govt Against His Enemies, Vows to Do It Again: 'BradCast' 9/26/24
Also: NYC Mayor indicted; D.C. disbars Rudy; Newsmax settles with Smartmatic; Helene goes Cat 1 to 4 in single day before FL landfall...
'Green News Report' 9/26/24
  w/ Brad & Desi
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
Previous GNRs: 9/24/24 - 9/19/24 - Archives...
The Climate and Economy Stakes of 2024: 'BradCast' 9/25/24
Guest: Ryan Cooper of American Prospect; Also: Trump's Project 2025 in reality, in the U.S. House, and in song!...
Good News for Democracy in Nebraska, Arizona (Not Montana): 'BradCast' 9/24/24
Also: Hurricanes John and Helene; Biden's final address at the U.N. General Assembly...
'Green News Report' 9/24/24
CA sues ExxonMobil for plastic recycling lies; Cat 3 John strikes Mexico; Three Mile Island coming back to power Microsoft A.I.; PLUS: Climate Week kicks off in NYC...
No, GA's New Rule Does NOT Mandate Hand-Counted Results: 'BradCast' 9/23/24
Guest: Voting system expert Marilyn Marks on the wildly misreported Georgia news and what voters should be worried about instead...
Sunday 'Not Going Back' Toons
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Losers' Stench: GOPers Gaming the Map to 270: 'BradCast' 9/19/24
Bad news for Rs in NC; Trump/Vance lies in OH; GOP Elector scheme in NE; Gaming GA result certification; Vote suppression in TX; Vote expansion in CA...
State A.G. and County Election Officials Square-Off Over Voter Registration in Texas
Right to register under assault following state's massive voter roll purge...
'Green News Report' 9/19/24
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Voting systems expert Dr. David Jefferson on the myth of 'secure' blockchain voting; Also: Suppression continues in GA, ND, elsewhere...
By Brad Friedman on 10/17/2018 6:59pm PT  

On today's BradCast: Debunking the myth of "secure" Internet Voting schemes --- even with "blockchain" technology --- as West Virginia allows overseas military voters to use their mobile phones to vote for the first time in a general election. What could possibly go wrong? [Audio link to show follows below.]

But first up today, plenty is already going wrong for voters hoping to participate in midterm elections, whether via hand-marked paper ballot or, as in Georgia, where early voting began this week, on 100% unverifiable touchscreen voting systems at the polling place. We've been closely following voting in the Peach State recently, given the many voter suppression schemes that have come to light in the state this year, such as the recent purging of hundreds of thousands of voters from the rolls, the suspensions of more than 50,000 registrations for failing to exactly match names or addresses, down to the letter or punctuation, and an abnormally high rate of rejected absentee mail-in ballots.

Thus, it was disturbing to see a busload of elderly African-Americans from a county-run senior center blocked from voting on Monday (someone didn't like the "Black Voters Matter" bus they were using) in Jefferson County, and three-hour long lines to vote near Atlanta, on just the third official day of advance voting in the state. While some may see the reportedly huge early turnout as good news, there are also reasons to be concerned that state election officials, led by Republican Sec. of State and Gubernatorial candidate Brian Kemp, are under-prepared for what could be enormous turnout on Election Day. Several new lawsuits have now been filed against Kemp charging racially discriminatory election practices, as his race for Governor against Democrat Stacey Abrams, an African-American, is believed to be very tight.

Meanwhile, in North Dakota, Native American voting rights advocates say they will be posted outside of polling places with laptop computers in hand, ready to assign official addresses and new Tribal IDs to thousands of Native Americans who will now not otherwise be allowed to vote. The effort is in response to a U.S. Supreme Court ruling last week which permitted a last minute change to ID requirements sought by state Republicans hoping to unseat Democratic U.S. Senator Heidi Heitkamp this year. Some 5,000 voters who live on tribal reservations using P.O. boxes, rather than street addresses, are now blocked from voting under the new law, enacted in the wake of Heitkamp's 2012 victory by less than 3,000 votes.

But in West Virginia, officials believe they've got a sure-fire way to make sure overseas military voters are able to cast votes this year: Internet Voting via smartphone! The state is the first in the nation to allow such voters to cast a ballot via smartphone --- on a mobile app called Voatz, created by a private Boston-based technology firm --- in a live (and crucial!) general election. But, don't worry! The state and the Voatz company are quick to claim that their scheme is completely secure, since it "employs blockchain technology to ensure that, once submitted, votes are verified and immutably stored on multiple, geographically diverse verifying servers."

Blockchain, in short, is a widely distributed public ledger, or database, that is used to track Bitcoin and other cryptocurrencies. But, as long time voting system expert and Internet Voting critic DR. DAVID JEFFERSON of Livermore National Laboratory and of Verified Voting explains on today's show, the technology solves none of the many problems with using the Internet to cast votes in American elections, as he recently detailed at the non-partisan Verified Voting site.

Jefferson, an internationally recognized expert on voting systems and elections technology, has spent much of the past two decades advising five successive California Secretaries of State on voting technology. He has also been instrumental in helping to block a number of attempted Internet Voting schemes, including one he helped analyze (and stop in its tracks) as devised by the Pentagon during the George W. Bush era.

Today, he explains why use of blockchain technology, which he describes as a "fad", fails to make the Internet any more secure or auditable when it comes to American democratic elections. "All of the most serious threats to Internet voting occur before the ballot even ever gets back to the database or the blockchain," he tells me, detailing how malware on smartphones can change votes, how the authentication of the voter is also endangered by the use of such schemes and how, despite claims to the contrary by advocates of such technologies, the accuracy of results based on votes cast via the Internet can never be audited by the public after an election.

He's hardly the only technologist to decry the scheme. TechCrunch for example, recently called the Voatz app "a terrible, horrible, no-good, very bad idea", and Vanity Fair cited experts who describe the plan as a "horrifically bad idea". But, none of that has stopped either WV or Voatz from pressing ahead, even with this year's midterms (and potentially control of the U.S. House and Senate) on the line.

"The blockchain back end of it doesn't do anything more to secure an election than any of the other technologies do," Jefferson argues. "It doesn't even play a role until the very last stage of balloting --- after you've authenticated yourself, after you've made your ballot choices, after you've transmitted them back, only then does the blockchain play any role." And by then, he says, your vote may have been tampered with, and it's unlikely that you or anybody else would ever know.

"What if there is malware on the phone or the computer that the person is voting from? Malware that is exposing the person's vote to some third party, or is modifying the vote, or is just throwing the vote away without telling the voter, making him think he's voted but he hasn't voted. That malware is not affected by, and cannot be detected by, the blockchain or the back end at all."

"That vote may be blocked or thrown away, or otherwise disturbed by a denial of service attack, for example, on the server. A blockchain server is no more invulnerable to a denial of service attack than any other service," he warns, adding "there just isn't any possibility of auditability in any online voting system, and blockchains don't change that fact."

Jefferson's preferred technology for elections: "Hand-marked paper ballots." He details why on today's program, and also notes that newer technologies, such as Ballot Marking Devices (BMDs) that require voters to use touchscreen computers to print out their selections on a paper ballot --- which many jurisdictions (including Los Angeles, the largest in the nation) are moving towards --- present similar dangers when it comes to the authentication and public auditability of election results.

"I endorse your idea that if you're going to vote in person at the precinct, the best system is to use is hand-mark a paper ballot," he explains near the end of our conversation, allowing --- as I do --- that some voters may need assistive technology to vote, but that most voters do not. And worse, as we saw today at early voting cites near Atlanta, when computers are needed to vote, it can result in long lines and suppressed votes at the precinct.

"Only three or four voters per precinct can be voting simultaneously when you only have three or four ballot marking devices. With hand-marked paper ballots, you can get twenty voters voting in parallel if you have cardboard privacy booths around, and twenty cheap pencils. There are far fewer lines built up, and the cost is so radically reduced."

Finally today, a word or two from some older voters who would really REALLY prefer if young people did not bother to vote at all this year...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Fordham Law's Jed Shugerman; Also: More reported vote.org registration probs; Vote-flipping in MO; Willie Nelson's 'Vote 'em Out!'...
By Brad Friedman on 10/5/2018 6:46pm PT  

On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

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Guests: AUDIT-USA's Emily Levy and attorney Chris Sautter; Also: Reports of FBI ignoring dozens of Kavanaugh witnesses persist, Trump mocks accuser, Americans can't wait to vote...
By Brad Friedman on 10/3/2018 6:56pm PT  

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Plaintiff, Election Integrity advocate Marilyn Marks; Also: Flooding, toxic crisis worsening after Florence; Midterm voting officially begins...
By Brad Friedman on 9/21/2018 6:14pm PT  

Voting is now officially under way in the 2018 midterm general elections, as Early Voting finally began on Friday in Minnesota and South Dakota and, very shortly, in at least half a dozen other states around the country in advance of Election Day on November 6th. Voting, however, will not be nearly as simple and verifiable for voters in Georgia, as we discuss in some detail on today's BradCast. [Audio link to complete show is posted below.]

Meanwhile, as media continue to focus on the extraordinary allegation of sexual assault against U.S. Supreme Court nominee Brett Kavanaugh (and Trump's new response to them), as made by Palo Alto University psychology professor Christine Blasey Ford, and whether or not she will appear to give testimony about it to the U.S. Senate Judiciary Committee next week, the continuing danger and toxic fallout from Hurricane Florence continues in both North and South Carolina a full week after the storm first made landfall. An urgent warning Thursday from Duke Energy about the imminent rupture of a giant holding pond reservoir where toxic coal ash waste is stored became a reality on Friday. At the same time, the human death toll from the storm rose to at least 42, with new evacuations called for in South Carolina on Friday due to still-rising rivers as thousands remained dislocated or without power in North Carolina.

Next, we move to the shameful situation in Georgia, just weeks out from the crucial midterm elections, where Sec. of State Brian Kemp --- the Trump-endorsed Republican who is running for Governor this year against Democratic nominee Stacey Abrams --- is allowing inaccurate voter registration forms, falsely instructing first-time voters that they must mail in proof of residence when registering, to be used across the state.

Even more disturbing is the fact that Peach State voters will be forced, once again, to vote on 100% unverifiable touchscreen voting systems on Election Day, despite a U.S. District Court Judge finding them this week to be "unverifiable" and featuring "serious vulnerabilities" which are "not just a theoretical, paranoid notion at this point," as defendants in the case, including Kemp, had argued in court. Nonetheless, in response to a motion filed by plaintiffs seeking to force the state to allow Election Day voters to use the same hand-marked paper ballots used for absentee voting for years across the state, Judge Amy Totenberg is allowing GA's unsecurable and unverifiable 16-year old Diebold touchscreen voting machines to be used yet again this November. In her ruling [PDF], she cites defendants' claims of "chaos" and forced poll closures they threatened would ensue if hand-marked paper ballots were ordered for use at polling places this year.

We're joined today by longtime Election Integrity advocate and one of the plaintiffs in the GA case, MARILYN MARKS of the Coalition for Good Governance, to discuss this week's ruling and Kemp's disingenuous defense of his indefensible voting systems.

"The defendants put the judge in a very difficult place because they essentially threatened that they would sabotage the election. They didn't really use those words, but they said, 'We're going to shut down early voting locations in Fulton County'. Fulton County [Atlanta] has 21 early voting locations. They said 'We'll go down to three'. In their briefing, they said they'd go down to one. They also said they may close Election Day polling places if she were to require them to go to a paper ballot," Marks tells me. "And so the vast majority of Georgia's voters are going to vote on what the judge has basically said is going to be an unconstitutional system."

"The court was already very well aware of the science, and she was quite aware of the lack of any effort, and lack of any science, and lack of any expert testimony put on by the defendants. So I think that her decision didn't rest on the science. It was this whole threat of chaos."

Moreover, she says, the state has also falsely claimed that counties were required to use the unverifiable touchscreen systems. "The state not only had been saying it was required by state law, but they had threatened the counties who began to recognize it wasn't required by state law, and that the counties, local authorities, have the ability, on their own, to go to paper ballots. The Secretary of State has been threatening them, telling them 'No, you do not have that authority.' They even told the press that they would punish counties that went to paper ballots."

While Marks, who is a Republican herself, reports the multi-partisan plaintiffs are justifiably disappointed in the court's ruling for the short term, she also details several key findings from the ruling which will be important to the continuing efforts both in this case and other federal challenges like it around the country. Among the favorable finding are that plaintiffs do, in fact, have Constitutional standing to challenge such voting systems in federal court, and that "further delay", according to Judge Totenberg, in moving the state to a verifiable voting system after this year's elections, is "not tolerable".

"The important thing here," Marks explains, is that the judge "said that we were likely to prevail on the merits as we move forward in this case, and our claims are related to constitutional claims. And that is what the scholars, the lawyers, the election advocates across the country are recognizing as such a very important finding in the ruling she has made here. That we are likely to prevail in our argument that this is an unconstitutional system, when the voters cannot rely on an auditable, verifiable system."

Marks also explains one moment from the hearing where she said she thought later: "Man, I'm glad Brad isn't here to hear this, or his head would have exploded." My head subsequently explodes when she relays the story and for much of the rest of my interview today.

While Abrams, Kemp's African-American opponent in the Gubernatorial election, is calling for voters to cast hand-marked paper absentee ballots this year to increase the likelihood of them being accurately tallied, Marks explains why she is not certain that is actually a better option for voters in the state. She details the Catch-22 that GA voters are once again facing, not unlike the Catch-22 Judge Totenberg said she found herself in while deciding how to rule on plaintiffs' motion this week.

And again, my head explodes...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Salon's Heather Digby Parton; Also: Florence fallout made worst by Trump tariffs; Judge allows use of GA's 100% unverifiable touchscreens...
By Brad Friedman on 9/18/2018 6:33pm PT  

On today's BradCast, things are not looking good for Republicans and Donald Trump's second nominee to the U.S. Supreme Court. [Audio link to show is posted below.]

But, first up, before we get to our guest today, a quick update on the damage wrought by Hurricane Florence on the East Coast and the huge expected costs for rebuilding that is being exacerbated by Trump's trade wars, including his announcement on Monday that the Administration is imposing a 10% tax (which may be raised to 25% next year) on another $200 billion worth of Chinese imports. That, home construction experts in the Carolinas charge, will raise the costs of rebuilding and repairs following the damage from the record rainfall and flooding of Florence, as it continues to wreak havoc and death on the East Coast.

Then, late last night, a federal court in Georgia issued a ruling, following a full hearing last week, on the Motion for Preliminary Injunction filed by the non-partisan Coalition for Good Governance, seeking to force the state to switch from the unsecurable, 16-year old, 100% unverifiable touchscreen voting systems used in all precincts across the state, to the hand-marked paper ballot systems already used by every county for absentee voters. While U.S. District Court Judge Amy Totenberg made clear [PDF] she was very sympathetic to the concerns of the plaintiffs --- and that they have the legal standing to sue --- she appears to have bought into the defendants argument that a switch to paper ballots this late before the November midterms would result in chaos at polling places.

Next, the Republican panic to save the U.S. Supreme Court nomination of Judge Brett Kavanaugh before the November midterms continues to evolve by the hour, on the heels of the revelation of the allegation by Palo Alto University psychology professor Christine Blasey Ford that Kavanaugh and a friend by the name of Mark Judge sexually assaulted her during a party more than thirty years ago when they were all high school students. Kavanaugh denies the allegation completely, says neither the attempted rape nor anything like it ever happened, and that he was never at the party in question (even though Ford hasn't identified the specific party).

We're joined by Salon and Hullaballoo's HEATHER DIGBY PARTON today to try and make sense of the charges, the GOP's ham-handed response to it, Kavanaugh's ugly history as a Republican operative, and the newly announced hearing scheduled by Senate Republicans in the Judiciary Committee for next Monday. The Committee's chair Chuck Grassley (R-IA) insists that only Kavanaugh and Ford will be allowed to testify, even before there has been an FBI investigation of the charges and, apparently, before Grassley even bothered to hear back from Ford as to whether she's willing or able to show up.

"The idea that they're saying, 'Oh, we have to hurry up, there's a deadline on this,' it's an arbitrary one," says Parton. "And they're trying to say now that 'this accuser, this alleged victim, if she doesn't show up at a moment's notice, sorry, there's nothing we can do about it, what choice do we have but to put an accused sexual assaulter on the Supreme Court?' It's absurd on its face."

With Kavanaugh's complete denials, the matter is no longer really even about a sexual assault 36 years ago. It's about a nominee for a lifetime appointment to the highest court in the land seemingly lying about it today. Can this nomination even survive at this point...much less make it to Monday?! We discuss.

Finally today, Desi Doyen joins us for the latest Green News Report with more news on the ongoing fallout from the deadly Florence, the even larger and deadlier Typhoon Mangkhut currently ravaging The Philippines and China, and an update on the chain of natural gas pipeline explosions in dozens of homes near Boston late last week...

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Also: NV's primary election failures much worse than previously known; Mystery group seeking copies of MI 2016 Presidential ballots revealed...
By Brad Friedman on 8/29/2018 6:57pm PT  

On today's BradCast, results, as reported by computer tabulators, from Tuesday's primary elections in Florida and Arizona and primary runoff elections in Oklahoma. Also, more details on what went so terribly wrong in Maricopa County, AZ which kept many voters from being able to cast a vote at all. Nevada's June primary disasters were far worse than reported. And an answer to at least one mystery regarding 2016 Presidential ballots in Michigan. [Audio link to complete show is posted at end of article.]

First up, among the noteworthy results we cover from yesterday's midterm primary elections...

  • In Florida, progressive Tallahassee Mayor Andrew Gillum came from seemingly out of nowhere for an upset win of the Democratic nomination for Governor. If the Bernie Sanders-endorsed Democrat defeats the Donald Trump-endorsed Rep. Ron DeSantis in November, he'd become the state's first African-American Governor. That, as the current two-term Governor Rick Scott won his primary to vie for incumbent U.S. Senator Bill Nelson's seat, in what will likely become the most expensive U.S. Senate race this year (and, possibly, in U.S. history).
  • In Arizona, establishment favorite Rep. Martha McSally held off two challengers from the hard right to win the GOP nomination to fill the seat being vacated by the state's retiring U.S. Sen. Jeff Flake (R). She'll face off against Democratic nominee Rep. Kyrsten Sinema in November for a seat that Dems believe they may be able to flip from "red" to "blue", even in a state like Arizona, in a very anti-Trump year. And Republican Gov. Greg Ducey --- who will soon name a replacement for the state's other U.S. Senate seat, vacated by the death of Sen. John McCain --- will now face off against David Garcia, a Latino and former educator who won the Democratic nomination for Governor, in a year in which teachers have walked out in protest of education funding cuts in so-called "red" states Arizona and Oklahoma. (Also of note, Republican Sec. of State Michelle Reagan lost her primary for re-election to the hard-right Steve Gaynor who is calling for English-only elections in AZ. Democratic nominee Katie Hobbs should see an opening there in the race to become the state's top election official)
  • And, speaking of teachers and Oklahoma, it was a "bloodbath" in the primary runoff elections for incumbent GOP state legislators who voted against recent tax hikes to pay for new education funding. Just 4 of the 19 Republican state legislators who voted against the tax hike to give teachers a long-overdue raise have survived to run for re-election on this November's ballot.

Then, we turn to the massive problems at polling places in Maricopa County (Phoenix), AZ on Tuesday, as at least 62 polling places were unable to open for hours in the morning. It now appears that the reason was electronic pollbooks which were not properly set up, or set up at all, or which couldn't get Internet access. That effectively prevented voters from being checked in to vote on the County's hand-marked paper ballot voting systems (which use computer optical-scanners to tally votes.)

Remarkably, the County's Republican-majority Board of Supervisors rejected the recommendations of both Sec. of State Michelle Reagan (R) and Maricopa County Recorder Adrian Fontes (D) to seek a court order to keep polling places open for an extra two hours at precincts which failed to open on time on Tuesday.

As to the electronic pollbook disasters that kept them from opening in the first place, Fontes blames an IT contractor for not supplying as many personnel as promised for polling place installation and tech support. The contractor, Insight Enterprises, blames Fontes for being under prepared. What's clear for the moment is that voters --- potentially thousands of them --- were prevented from voting entirely because, once again, a voting jurisdiction has relied on oft-failed, mission-critical computer systems, supported by private vendors, to run our public elections without backup plans, such as paper pollbooks in this case.

We also learn this week that the failures reported during and shortly after Nevada's primary elections in June were much worse than officials and the private voting system vendor admitted to the public when the state's new, 100% unverifiable touchscreen voting systems failed across the state. A new report from the Reno Gazette-Journal, based on public records requests, finds that complaints about candidates missing from ballots and selections already filled in on the screen for some voters, were far more numerous than previously known. Nonetheless, election officials in the state are standing by their vendor (Dominion Voting, which took over for Sequoia Voting Systems) and, as the paper notes, parroting back talking points almost word-for-word from the voting machine manufacturer in hopes of minimizing the massive problems as little more than "human error" that did not effect reported results. (Sound familiar?) Evidence reported by the RGJ strongly suggests otherwise.

Finally, with the 22-month federal requirement for retaining all ballots and other elections materials from the 2016 Presidential election ending next week (September 8th), a voting rights group now known to be allied with the Democratic Party has requested copies of all 2016 general election ballots from the state of Michigan. The massive, and expensive, public records request should prevent the ballots, in that state at least, from being destroyed for now, after an attempt to hand-count them by Green Party Presidential Candidate Jill Stein was ended by a Republican court challenge in 2016. That, despite Trump's stunning, if unverified, upset win in the state by just over 10,000 votes and some 75,000 ballots said to have contained no vote for President at all, according to the computer-tabulated results. No such records request has yet been filed in either Wisconsin or Pennsylvania, however, despite the fact that had just three votes at each precinct in those three states been recorded for Hillary Clinton instead of Trump, she, not he, would now be President of the United States...

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Guest: Attorney, election integrity advocate, journalist Jennifer Cohn...
By Brad Friedman on 8/21/2018 6:20pm PT  

Well, it was one of those days again on today's BradCast, with an avalanche of huge, incoming breaking news which we do our best to cover --- even as we keep our eyes on the November prize on what may officially have been the worst day of Donald Trump's Presidency, to date. [Audio link to show follows below.]

Our first piece of breaking news: Trump's former campaign chair Paul Manafort was convicted on 8 felony counts related to bank and tax fraud in his Virginia trial. The jury couldn't agree on 10 other counts brought by Special Counsel Robert Mueller's investigation, so the judge declared a mistrial on those counts. Manafort now faces another federal trial on felony charges, also brought by Mueller, in Washington D.C. next month, related to his undeclared work with a pro-Russian Ukrainian political party.

Also, in arguably bigger and worse breaking news for Trump, his longtime personal attorney and fixer Michael Cohen pleaded guilty to 8 federal felonies related to bank and tax fraud, as well as campaign finance law violations related to a hush-money payoff of $130,000 made to porn actress Stormy Daniels just before the 2016 Presidential election. The payment, Cohen admitted in a NY federal courtroom on Tuesday, was carried out "at the direction of" Trump "for the principal purpose of influencing the election". Now facing 4 to 5 years in federal prison, he may be inclined to cooperate with Mueller to receive a shorter sentence. With Cohen's plea deal ending that particular investigation in NY, it may also mean that Trump will now be forced to sit for an under-oath deposition in the lawsuit filed against Trump by Daniels.

All of that, after Microsoft announced last night it had discovered and shut down several fake Russian websites said to have targeted U.S. Senate offices and two conservative think tanks in advance of the November primary.

Then, as voters head to the primary polls in Alaska and Wyoming today, we're still working to make sense of two still-unexplained election night tabulation failures in both Michigan and Kansas during their August 7th primaries. We're joined today by JENNIFER COHN, attorney turned election integrity advocate and journalist, following her recent trip to Kansas to investigate the reported "computer glitch" in Johnson County, KS which crippled election night tabulation in the state's most populous county.

That "glitch" resulted in GOP "voter fraud" fraudster Kris Kobach, Secretary of State, reportedly defeating KS Gov. Jeff Colyer to secure the GOP nomination for Governor by just over 100 votes out of 311,00 cast on Election Day. The still-unexplained failure occurred on the county's brand new, unverifiable ES&S ExpressVote touchscreen voting and tabulation system, approved just months ago by the county's election chief who was appointed by Kobach. The same unverifiable voting system will be used by voters in some 16 states and D.C. this November. (For the record, they will be used in AZ, D.C., FL, IA, ID, ME, MI, MO, MS, NV, OH, SD, TN, TX, UT, VA, WI and WV.)

Her must-read article published by The BRAD BLOG in March on the dangers of such systems --- which produce barcoded "paper ballots" that can't be verified by voters after an election --- foretells many of the problems that occurred in Kansas on August 7. "All the problems that I predicted came to fruition, with the long lines, and machines failing, and then not having paper ballot backups," Cohn reports, noting that some voters were disenfranchised and others were given confusion instructions about whether or not they should try "to even verify those computer-marked, so-called paper ballot summary cards" produced by the systems.

During her short visit to Kansas, Cohn was denied an interview with the Kobach-appointed JoCo Election Commissioner Ronnie Metsker and blocked from viewing the ES&S voting systems as well as the tabulation of provisional ballots. "We were just stonewalled, really, all day long, about everything," she tells me. "On the tabulating, they wouldn't even tell me if they were tabulating in the building."

She goes on to explain why we should all be very concerned about all of this, and what can possibly be done to try and oversee the validity of computer-marked paper ballots and electronically tabulated results on similar systems in use across the country this November.

Finally, Desi Doyen joins us for the latest Green News Report on the story which was supposed to have be Trump's great triumph today, the announcement of his EPA's new plan to replace Barack Obama's 'Clean Power Plan' with a scheme that will allow coal plants to keep polluting, global warming to worsen, and, as the documentation of the plan admits, result in the avoidable deaths and illness of tens of thousands of Americans each year...

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Recognizing the 'gravity and importance' of right to an accurate count, court directs parties in lawsuit to focus on 'practical realities' of converting to hand-marked paper ballot system within 3 months...
UPDATE: Court schedules hearing for Sept. 17; rejects defense motions to dismiss...
By Ernest A. Canning on 8/13/2018 10:46am PT  

Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

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Also: Rep. Chris Collins (R-NY-Trump) indicted for insider trading...
By Brad Friedman on 8/8/2018 6:51pm PT  

On today's BradCast: The Election Administrator's (and Election Integrity journalist's) Prayer was decidedly not answered on Tuesday, based on reported results in at least two key races, and problems in the four states (Kansas, Missouri, Michigan and Washington) which held midterm primaries and the one (Ohio) which held the final major U.S. House Special Election of the year. [Audio link to complete show is posted below.]

But, first up today, Republican Congressman Chris Collins of New York, the first sitting member of Congress to endorse Donald Trump's candidacy, was indicted Wednesday morning, along with his son and the father of his son's fiancee, for an insider trading scheme, after he had tipped off his son to failed testing for a multiple sclerosis treatment by an Australian company in which Collins was the top shareholder and a member of its board. According to the indictment by the Trump-appointed U.S. Attorney in Manhattan, it sure looks like they've caught Collins red-handed. Though he vows to fight the charges and remain on the ballot this November, his once-safe seat is now believed to be in danger.

Then, onto yesterday's Election Day and the very long night that followed.

In the OH-12 special election, Democrat Danny O'Connor trails Republican Troy Balderson by about 1,700 votes out of some 200,000 cast, mostly on 100% unverifiable touch-screen systems across seven Ohio counties. About 3,500 uncounted provisional and late vote-by-mail ballots could change the outcome in the days ahead, or at least lead to a state-mandated "recount" in the district that, for decades --- until Tuesday --- had been solidly "red". In 2016, Trump carried the district by 11 points and the now-resigned House GOP incumbent had carried it by 36 points. That has clearly changed with a virtual dead heat contest on Tuesday, leading to growing confidence in a "blue wave" this November by many Democrats and, yes, a "RED WAVE" in the same crucial midterms, as predicted today by Donald Trump.

In Detroit, where voters cast hand-marked paper ballots, they were able to continue voting even during power outages at more than a dozen polling places on Tuesday, following storms the night before. We have results from MICHIGAN's closely-watched Gubernatorial primaries and the somewhat bizarre, two separate Democratic primary races (one normal, one special) to fill the U.S. House seat left vacant last year by Rep. John Conyers resignation. State Dems will now host an historic, all-female slate at the top of the ticket for Governor, U.S. Senator, Attorney General and Sec. of State, and Rashida Tlaib will become the first Muslim woman in Congress.

In KANSAS, $10 million wasted on new, unverifiable touch-screen voting systems didn't help voters as some of the brand new ES&S ExpressVote ballot marking devices failed to work at all on Tuesday morning, and electronic tabulation grounded to a halt all together in Johnson County, the state's most populous, due to a problem that remains unclear at this hour. All of it resulted in another "too close to call" race today, in the GOP's gubernatorial primary between current Gov. Jeff Colyer and the controversial Trump-endorsed Sec. of State Kris Kobach. He leads, according to unverifiable touch-screen results finally reported on Wednesday morning, by just 191 votes(!) out of some 300,000 cast. A "recount" (overseen by Kobach himself) almost certainly awaits, as do future failures on the ExpressVote systems which produce unverifiable barcoded "paper trails" instead of hand-marked paper ballots. Sadly, the same systems are also being adopted by many other jurisdictions around the country as well.

In MISSOURI, a few Republicans came up with a novel new way to stop voters from voting. But that didn't deter the state which voted for Trump by double digits in 2016 from soundly rejecting a GOP anti-union (so-called "Right-to-Work") measure by a 2 to 1 margin. And, in St. Louis County, in a triumph of democracy, Bill McCulloch, the 7-term Democratic prosecutor who failed to bring charges in the 2014 police killing of Ferguson's Michael Brown, was defeated by Wesley Bell, one of the African-American leaders of the 2014 protests there. Bell had become a City Council member in Ferguson in 2015 and he will now be St. Louis County's Prosecuting Attorney.

And finally today, in WASHINGTON state, results of several U.S. House primaries suggest incumbent Republicans previously thought to be in safe "red" districts --- including Cathy McMorris Rodgers, the highest ranking female in Congress --- may not be quite as safe in this November's midterms as they had thought...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Trump, Giuliani 'obliterate' the 'collusion' goalposts as Manafort goes on trial...
By Brad Friedman on 7/31/2018 6:59pm PT  

On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]

But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."

They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.

Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.

Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.

That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.

Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.

Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.

On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."

On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"

On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"

Much more, must-listen thoughts in our conversation today!

Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...

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Guest: TPM's Alice Ollstein; Also: ES&S misleads officials after lie about remote access of election systems; Deadly storms slams Midwest...
By Brad Friedman on 7/20/2018 6:09pm PT  

First up on today's BradCast, a follow-up to yesterday's important show on the wildly vulnerable remote access software installed with computerized election systems sold --- and lied about --- by the nation's top voting system vendor, Election Systems and Software, Inc. (ES&S), as well as by other U.S. vendors who have helped privatize our public election systems. [Audio link to show follows below.]

After Kim Zetter's report at VICE's Motherboard earlier in the week revealed the company had lied to her about their use of the dangerous software for her New York Times report earlier this year, ES&S apparently sent an extraordinarily misleading email to their "valued customers" (election officials in counties around the nation), hoping to minimize concerns over their ill-considered practices.

As they --- and the other corporate vendors who have taken over our public elections with poorly designed, oft-failed and easily-manipulated computer voting and tabulation systems --- have been doing for years, the letter misinforms their "customers" about the dangers of including remote access software on election management systems which program ballots for electronic voting machines and tabulate votes. We explain how the company --- and, sadly, most of the federal government --- continues to lie and mislead about the dangerous of such systems, all of which, despite claims to the contrary by many officials, are, in fact, vulnerable to both Internet hacking and insider manipulation.

Then, as a new federal court deadline looms in less than a week for the Trump Administration to reunite more than 2,500 children separated from their parents at the border, we're joined by Talking Points Memo reporter ALICE OLLSTEIN, who has been keeping up with a dizzying array of federal court motions, hearings and rulings in recent weeks.

The consequences of Trump's so-called "Zero Tolerance" policy at the border has somewhat fallen off the front pages over the past week of mind-bending Trump/Russia news, so Ollstein catches us up with much that we have missed, including one court loss after another for the Trump Administration and federal judges --- appointed by Democrats and Republicans alike --- quickly losing patience with them. Heartbreaking stories of thousands of separated families continue to come out, as the Administration, from all reports, appears nowhere close to meeting a July 26 deadline to reuinite thousands of children over 5 years of age with their parents.

"It's just a huge mess, and it has been for weeks," she tells me. "The administration has been saying things in court and in legal filings that are just blatantly untrue. They have made promises and not kept them. They've blown past the deadlines for the reunification. So these federal judges are losing their patience and stepping in."

Ollstein describes reports from legal groups and immigration advocates of kids still being snatched from their parents at the border and facing "deep, deep trauma" within government detention, while novel (and seemingly unlawful) new interpretations of asylum laws are challenged in court and Congressional Republicans refuse to take substantive action.

"This has been pushed off the front page by other crazy, breaking news in this crazy administration," she observes. "Obviously, people are still outraged, still upset about this and want to see a solution. But it seems Republicans are not feeling enough heat to take action."

Finally, with way too much heat in the Midwest, extreme weather turned deadly on Thursday, as 17 were killed when a sudden storm overtook an amphibious "duck boat" on Table Rock Lake near Branson, Missouri, and as a swarm of as many as 27(!) tornadoes seem to have appeared out of nowhere to devastate several towns in Iowa...

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Guests: SC GOP activist Frank Heindel and attorney Larry Schwartzol; Also: New Senate bill finally calls for HAND-MARKED paper ballots...
By Brad Friedman on 7/13/2018 6:44pm PT  

Today on The BradCast: On the eve of Donald Trump's scheduled Monday summit with Russian President Vladimir Putin, Dept. of Justice Special Counsel Robert Mueller brought eleven new felony charges against twelve Russian military intelligence officials on Friday. They were charged with various crimes related to cyber-interference in the 2016 Presidential election. And, a bi-partisan federal lawsuit is filed in South Carolina in hopes of finally terminating the state's easily-hacked, repeatedly-failed, 100% unverifiable voting system. [Audio link to show follows at end of article.]

The Russian military officials cited in today's indictment [PDF] relates to hacking into and stealing documents from the DNC and the Hillary Clinton campaign, and releasing them to the public in hopes of manipulating the election. The charges also relate to attacks against state and county election officials and a voter registration company where email spearphishing schemes are said to have implanted malware onto the computer networks in question.

The new indictment does not allege any Americans knew of the hacking scheme detailed by Mueller, though it notes that Trump's public July 2016 call for Russia to find and release "missing" personal Hillary Clinton emails was followed by attacks, "for the first time", on an Internet domain used by her personal office.

While the filing details at least one state voter registration system where some 500,000 private records were accessed, it does not allege that voting results were manipulated (although the DHS admitted last year they never examined either ballots or voting systems.) During Deputy Attorney General Rod Rosenstein's announcement of the new charges, he also excoriated partisan and media speculation regarding the probe, as well as attacks (presumably by Congressional GOPers and Trump) on the FBI itself.

Meanwhile, much media coverage was given on Thursday to the insanely chaotic ten-hour long U.S. House hearing featuring testimony by Peter Strzok, the top FBI counter-intelligence specialist who initially led the investigation into Russian interference back in 2016. At the same time, a hearing in the U.S. Senate this week on safeguarding our election infrastructure received little or not coverage. Today, we try to correct that a bit, with some of the testimony offered by Sen. Ron Wyden (D-OR), sponsor of a new election reform bill in the Senate --- the Protecting American Votes and Elections (PAVE) Act --- which is the only one that would require a HAND-MARKED paper ballot for every voter in the U.S. His testimony calls out ES&S, the nation's largest computer voting system vendor, for failing to show up for the hearing or answer any of his basic cyber-security questions he's sent to the company over the past year.

Then, after more than a decade of failed elections on the 100% unverifiable ES&S iVotronic touch-screen voting systems used across the state of South Carolina --- including the still-remarkable and still-unexplained story of Alvin Greene, the completely unknown, unemployed man who somehow managed to win the state's 2010 Democratic U.S. Senate primary without campaigning at all, against a longtime, well-known state legislator and circuit court judge --- a lawsuit was filed this week in federal court to force the state to offer a secure system to voters.

The complaint [PDF] was filed on behalf of two plaintiffs. One, a former eight-term Democratic state legislator, the other a longtime Republican Freedom of Information Act champion and election critic in the Palmetto State. The Republican plaintiff, FRANK HEINDEL, and attorney LARRY SCHWARTZTOL, of the non-partisan, non-profit ProtectDemocracy.org, join me to explain the lawsuit, Heindel's years of work attempting to oversee state elections (and their accompanying disasters), and whether the new complaint might make any difference in the state before this year's crucial 2018 midterms.

"I've just always been skeptical of the 'black box' mentality where you go in and you just trust the machine, and there's no way to verify the results," Heindel explains. "I've just never really trusted that system. I've tried to push us towards a more paper-based way to vote, and it's taken many years here, but I'm starting to get a little optimistic that the worm has turned and we're going to make some progress."

"You need a system where the winner knows that he won, the loser knows that he lost, and everybody knows that their votes were cast and counted directly. We don't have that today," he tells me. The longtime businessman has spent the last decade or more filing some 47 FOIA requests attempting to personally investigate election results and related problems in the state. (We've been following Heindel's efforts for years. You can watch part of Dan Rather's 2010 report on Heindel, right here.)

The longtime litigator Schwartztol, for his part, explains: "What we're arguing for in the lawsuit is to replace that system with one that meets basic, common-sense principles. Secure in its basic architecture against cyber-attacks. The main way to do that, most people agree, is a pretty simple one. And that's building a system around paper ballots, that can be verified, that can be audited, that can be the subject of a recount if that's necessary."

"What we describe in the lawsuit is a voting system that contains unnecessary vulnerabilities and that is not sufficiently reliable to do the work," he adds. "The work of ensuring that votes are accurately recorded and counted."

He lauds the state's election commission chair, Marci Andino (one of the suits defendants), for stating her desire to move to a new system, but is critical of the claim that it would require $50 million to do so. A paper ballot system he says, citing a recent report from NYU's Brennan Center for Justice, would cost much less. He also tells me that one of the solutions they hope to pursue in the case, potentially before November, is the use of the state's absentee paper ballot system that could be used for all voters this year.

"You saw today where Rosenstein was saying that the Russians had sent phishing emails to various state and county folks," notes Heindel. "Our county election people, they're hard-working and they mean well, but I can get tricked on a phishing email. The idea that we have state and county election people that are trying to fend off sophisticated attacks from foreign adversaries, it's crucial that we get our arms around this thing, and get to paper sooner rather than later."

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On how I started blogging, the many still-unanswered questions about the 2016 election, how our voting systems are getting worse, not better, and what we all must do right now to protect the 2018 midterm elections...
By Brad Friedman on 7/3/2018 3:52pm PT  

Desi and I are ducking out for a short breather over the Independence Day holiday. But, before we go, I appeared recently on Free Forum, hosted by longtime broadcaster and great interviewer TERRENCE MCNALLY.

So, with McNally's kind permission on today's BradCast, we bring you that recent interview, originally recorded in studio on June 24, 2018 at KPFK, our flagship Pacifica Radio Network station in Los Angeles, in which the tables are turned a bit on me.

I respond to his questions about my background, the bizarre circumstances --- and, yes, election chicanery --- which helped lead me deep into the world of investigative blogging, broadcasting and muckraking some 15 years ago.

We also discuss detailed concerns about the reported (and still unverified) results of the earth-shaking 2016 Presidential election, how jurisdictions around the country are now moving to new computerized voting and tabulation systems in its wake (even as those systems, with computer-marked, barcoded ballots will only sever to make public oversight of results worse, not better) and what Americans can do right now to fight like hell to assure they are able to vote and have their votes counted as per intent in the crucial 2018 midterms.

Much thanks to Terrence for allowing us to re-purpose his program for today's BradCast! Please see and download his many years of insightful interviews with tons of fascinating and much smarter folks than I, and sign up for his weekly email announcement list, at his website, AWorldThatJustMightWork.com! You can also hear his show on weekends at ProgressiveVoices.com and TuneIn.

We'll be back with ya after the holiday weekend! Please stay safe and, somehow, cool, until our return!

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New unverifiable voting systems fail in NV; LePage still dumb in ME; Walker's fears come true in WI; Canada 'fights' back; Initiative to break CA into three states will qualify for 2018 ballot...
By Brad Friedman on 6/13/2018 6:31pm PT  

It was another wildly busy BradCast today. I know. What else is new? But, with Trump declaring today on Twitter that "There is no longer a Nuclear Threat from North Korea" (Phew! That was easy!) and that "Our Country’s biggest enemy" is the media(!), we had plenty of time to cover a lot of other things, the day after Tuesday's five state primary. [Audio link to show follows below.]

Among those stories...

Maine's Republican Governor Paul LePage, the dumbest in the nation, was accidentally right (sort of) in his poorly stated opposition during yesterday's primaries, to Ranked Choice Voting (or RCV, also sometimes known as Instant Runoff Voting or IRV). On Tuesday, Maine was the first in the nation to use RCV in a statewide election, despite the fact that it's very difficult to count, virtually impossible for the public to oversee, requires central tabulation and computers to pull off, and candidates and voters in many places where it's been tried in the past have found that it's impossible to understand why some candidates won and others lost.

(NOTE: Before you send me your hate mail, progressives and third-party people, please listen to today's show first, and also note that I'm willing to entertain a much simpler method of voting/counting which solves many of problems that folks who support RCV are concerned about. It's called Approval Voting. Basically, that allows voters to vote 'yes' or 'no' for as many candidates as they like. Whoever receives the most 'yes' votes wins. Simple. Overseeable. No computers necessary. And, it helps to avoid the "spoiler effect" that many proponents of RCV hope to solve. Listen to the full show, and then feel free to send your hate mail. UPDATE: Here's one more nightmare scenario for RCV, if you still need one.)

Anyway, LePage has threatened to not certify Tuesday's elections in his state because they are using RCV, which voters adopted in 2016. He's wrong about that and somewhat right about his RCV concerns, but --- because it's LePage --- for all the wrong reasons. I explain in detail on the show.

Speaking of this country's failure to even be able to count 1+1+1 reliably and overseeably in elections (even without adding the complicated algebra of RCV), the state of Nevada took its new, 100% unverifiable touchscreen voting systems out for a test drive across the state in their primary election on Tuesday. It did not go well. At some precincts, some candidates did not appear on some screens. Other precincts reported candidates pre-selected on their touchscreens (possibly left over from a previous voter, whose ballots may not have actually been cast.) And other problems that we describe on today's show.

We also cover some actual election results from Tuesday's primaries in Maine, Virginia, North Dakota, South Carolina and Nevada, as well as special elections in Wisconsin.

In Wisconsin, where Gov. Scott Walker (R) had attempted to prevent two special elections for the state legislature from happening at all --- because he feared the seats would flip from "Red" to "Blue" --- one of those seats in the state Senate did, in fact, flip to the Democrats for the first time in four-decades, in a very Republican district.

In Virginia, GOP voters nominated Corey Stewart, a far rightwing, Trump-endorsed Confederacy defender as their nominee to challenge Sen. Tim Kaine for the U.S. Senate this year. In South Carolina, former Governor, now U.S. Rep. Mark Sanford was turfed out in his primary by another Republican for not being Trumpy enough. And, in D.C., retiring Republican Sen. Bob Corker of Tennessee (correctly) charged that his party has become little more than a Trump "cult".

In Canada, meanwhile, the House of Commons unanimously pushed back on the Trump Administration's weekend attack on Prime Minister Justin Trudeau following the G7 summit, and on the tariffs imposed by Trump on steel and aluminum from our longtime friends and allies to the north. And the next day, in a complete coincidence, Trump's DHS hardened their border policy with Canada to, supposedly, prevent criminals and terrorists from entering the U.S.

Finally today, a ballot initiative that would break California into three states appears to have qualified for this November's ballot! While the measure is currently said to be very unpopular with actual voters in the Golden State, it seems at least as unthinkable that it could pass as that Donald Trump could ever become President of the United States...

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News on several massive Election Day failures in L.A. and some more noteworthy results in CA and elsewhere; Also: The continuing jaw-dropping kleptocracy of Trump's shockingly still-employed EPA chief...
By Brad Friedman on 6/7/2018 5:30pm PT  

On today's BradCast: We continue our coverage of fallout following this past Tuesday's midterm primary elections in eight states, as the counting and canvassing moves forward. [Audio link to show follows below]

In California on Wednesday night, Sec. of State Alex Padilla (D) sent a stern letter to Los Angeles County's Registrar Recorder/County Clerk Dean Logan demanding answers and actions following a still-unexplained "printing error" that resulted in the names of more than 118,000 registered voters (including Fonzie!) being left off the printed rosters at more than 1,000 polling places.

Voters found missing from the rolls were to have been given provisional ballots on Tuesday, according to Logan, but there are questions as to whether all of them were. Also, there are concerns about whether those provisional ballots will all, in fact, be counted (or tossed for bad reasons, as some provisional and vote-by-mail ballots are), and if those ballots will be included in the county's 1% post-election manual "spot check", meant to determine whether hand-marked paper ballots were tallied as per voter intent by the county's computer tabulators. A new state law adopted last year exempts both provisional ballots and late vote-by-mail ballots post-marked by Election Day (which may arrive several days after the election and still be included in tallies) from that mandated 1% "random audit". We've got a bit of exclusive news on that front today.

That disaster was not the only problem for voters on Tuesday in L.A., the nation's largest voting jurisdiction. One blind voter reports on her failed attempt to vote on four separate audio voting systems for disabled voters at three separate polling places. All four machines failed to work, echoing a very similar problem that I had while attempting to vote on those very same systems in L.A. ten years ago. In a 2008 primary, 4 out of 12 of my own votes were misprinted by the computer-marked paper ballot audio voting system. (Luckily, I'm not blind, so was able to notice the computer-printed failure before casting the ballot!) Two years later, in 2010, when I tried the system again, it failed to work altogether on two different machines.

Also in CA on Tuesday, voters in a recall election successfully removed a state judge who had issued a controversially lenient sentence to a Stanford University athlete last year following his sexual assault of an unconscious woman. Another recall election, engineered by state Republicans, resulted in the removal of a Democratic state Senator for having voted in favor of a gas tax hike last year. The successful recall strips Dems of their two-thirds super-majority in the state Senate, which is required for the passage of any new state taxes or fees.

In Alabama, the unbalanced Republican Sec. of State John Merrill --- who blocked me on Twitter last December for being correct about the state's computer tabulation systems, before sending a barrage of insanely bizarre emails to me last week --- won his primary for re-election on Tuesday.

And Joseph Siegelman, son of the former Democratic AL Gov. Don Siegelman, (both guests on the show over the years) won his primary for Attorney General in the state. Depending on the results of a primary runoff on the GOP side, Siegelman may be running this November against a former AL Attorney General who was part of the GOP cabal who helped imprison his father on seemingly trumped up bribery charges more than a decade ago. (Tune in for a wild summary of the incredible GOP corruption in that state around all of that, which still echoes throughout state politics today. And, with all of the madness I quickly summarized on the show, I now realize I forgot to mention, incredibly enough, that the George W. Bush-appointed federal judge who convicted and sentenced Gov. Siegelman was later forced to resign after being arrested for beating his wife!)

And, in South Dakota, some remarkable fallout from a Sheriff's race in one county, underscoring, yet again that elections have consequences and that so-called "Right-to-Work" states are anything but.

Then, after a smart observation from longtime BRAD BLOG reader "Dredd", who points out that more Americans appear to have been killed by one climate event --- Hurricane Maria in Puerto Rico --- than in our (so far) 17-year long war in Afghanistan, Desi Doyen joins us for the latest Green News Report. Among other things in today's report, still more outrageous corruption news revealed from EPA Administrator Scott Pruitt. But, we had more on that front than we could fit into our GNR today --- and more that has broken since recording it Wednesday morning --- so we follow up with that additional news about Trump's kleptocratic EPA chief, including a Republican U.S. Senator who has some choice words for the shockingly still-employed Pruitt...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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