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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: We've got good news for voters from a bunch of courts today --- including in both battleground and "red" states --- when it comes to the absentee mail-in voting that Donald Trump and the Republican Party are working so hard to block. But we've also got some very disturbing news out of the state of Georgia in a story that nobody other than us seems to be covering for reasons we can't quite explain. Especially since it now involves installing all brand-new, untested, and uncertified software --- at the very last minute, just days before Early Voting is to start --- on every touchscreen voting system used across the state. [Audio link to full show follows below summary]

But first, the good court rulings coming out of several states so far this week...

• A federal appeals court has upheld a lower court judge's six-day extension beyond Election Day for the receipt of incoming absentee ballots postmarked by November 3rd in the critical battleground state of WISCONSIN. The unanimous ruling comes from a panel of three Republican-appointed judges, including one nominated by Trump, in a state which he is said to have barely flipped to "red" in 2016, for the first time in decades, by just over 20,000 votes out of millions cast. Republicans could appeal to the GOP's stolen U.S. Supreme Court. That's just one of the reasons they are trying to pack the Court with Trump's nominee, Amy Coney Barrett, in record time before the election;

• Similarly good news out of Mike Pence's home state of INDIANA, where a federal judge rejected a deadline of noon of Election Day for absentee ballots to be received. The ruling will allow ballots postmarked by November 3rd to be counted if they arrive by November 13. The judge says the extra days do not benefit any particular party or candidate and "should in fact help assuage" concerns about the legitimacy of election results in the Hoosier State;

• In the state of MONTANA, a federal judge blocked an effort by the Trump Campaign and other GOP groups to prevent counties from automatically sending absentee ballots to all active registered voters as they did during this year's June primary elections. That, after the plaintiffs were unable to "point to a single instance of voter fraud in Montana in any election during the last 20 years," according to the judge who described concerns about widespread fraud as "a fiction". While the state went to Trump by some 20 points in 2016, its Democratic Governor Steve Bullock won re-election on the same statewide ballot that year, and is now running for the U.S. Senate to unseat incumbent Republican Steve Daines;

• In ALABAMA, a federal judge ruled that the state may not block counties from offering curbside voting and that witness signature requirements and Photo ID requirements for absentee voters during the COVID-19 pandemic are unconstitutional for certain voters. Their Republican wingnut Sec. of State John Merrill says he will appeal all the way to the stolen Supreme Court if necessary;

• And in the closely divided battleground of NORTH CAROLINA, a proposed settlement between the state and plaintiffs will allow for absentee ballots to be "cured" by voters if they lack proper signatures; voters will be able to use secured drop-boxes for mail-in votes; and for ballots postmarked by Election Day may be received until November 12. But this week, a letter has been sent by the Trump Campaign to Republican officials on County Boards of Elections instructing them to ignore guidance from the State Board of Elections! The NC SBE has had to send a letter in response to those same officials, warning them that they are required to follow state guidance and that guidance from "a political party or other source should not be considered or followed." The extraordinary situation has led one international expert on election security from Duke University to (accurately) opine: "It comes down to the fact that this President is not actually trying to win this election – this President is trying to not have to concede this election. That’s what going on." That expert is right on the money.

Then, to the extraordinarily disturbing story out of GEORGIA, which our guest today, MARILYN MARKS of the Coalition of Good Governance, describes as "scandalous". As we reported during Monday's show, last Friday, the Secretary of State's office quietly sent a notice to elections officials in all 159 counties telling them to immediately stop their pre-election "Logic and Accuracy" testing of the new, unverifiable touchscreen voting systems that all voters are currently forced to use at the polling place. The reason, as the office explained, was due to "an error in the November database which will require every county to get a new database for the November 3, 2020 election."

That startling news late on Friday night resulted in an emergency filing by the Coalition with U.S. District Judge Amy Totenberg, who has been overseeing their long-running lawsuit to block the use of unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots at the polls. On Monday, Totenberg called an emergency hearing for all parties to the suit, during which the Secretary of State's office and the state's new private vote system vendor and ballot programmer, Dominion Voting, claimed that new databases (which contain the programming for all contests in each county) were not actually needed to correct an error that prevented some U.S. Senate candidates from appearing on the touchscreen in certain cases. In fact, what they planned to do instead was to change the code used on the voting machine software itself, and install new software onto all 34,000 touchscreens in the state. All of this, just days before Early Voting is to begin, and now just over one month before Election Day.

As Marks notes, the new software to be installed on every voting machine in Georgia has not been certified for use --- or even tested --- by the U.S. Elections Assistance Commission (EAC) as required by state law. But this story is even more scandalous in several ways that we discuss on today's program, after another emergency hearing was called by the judge today, following another emergency filing from the Coalition on Wednesday night regarding an apparent change of plans by the Secretary of State.

"It's outrageous. They're wiping all of the software," Marks tells me, and installing "new software that's just been written, has not been tested, and has not been certified by the Elections Assistance Commission. As far as we know, it has not even been submitted for approval. This is federal certification, and Georgia, like most states, is not supposed to be using systems not certified by the federal government."

"They've written this over a weekend, and have not thoroughly tested it. There's been no user testing. The number of things that can go wrong will take up more time than your show permits," she says. "They might as well have gone out and said, 'we're going to buy the Lucy and Ethel software, and put it in.'"

While that is troubling enough, Marks also notes that the programming is not even being done by public state officials, but by private contractors at the Canadian-based firm from whom GA purchased the systems for more than $100 million for first time use this year. "This election has been completely outsourced to Dominion Voting Systems. They are a third party profit-making corporation and, essentially, Georgia has just said, 'Take it and do with it as you will, Dominion!'"

Marks says it is all "outrageous and preposterous," telling me, "Like you, I am shocked that the national media has not picked up on this more, because we're talking about the votes of 7 million voters here."

"I thought that I was beyond having anything that could shock me anymore," she continues. "But I have to say, my jaw is still on the floor from this week. And the fact that the media is not covering it, I don't understand. I can only surmise that they are still in disbelief. Maybe the facts just aren't fully out yet. That's the only thing I can come up with. This is scandalous. "

Please tune in for the full story --- there is much more to it. But, suffice to say for now, it IS a scandal that WE have been covering this story and this lawsuit for at least three years, while the mainstream corporate media seems to be ignoring it almost entirely, even with the possibility that the Peach State could flip from red to blue this year in the Presidential race for the first time in decades, and that there is not one, but two U.S. Senate seats on the ballot there this November, both of which are currently held by Republicans and believed to be endangered by Democratic challengers.

Finally, we close today with our latest Green News Report, with special coverage of the surprise --- and surprisingly substantive --- discussion of climate change in this week's otherwise off-the-rails Presidential Debate in Cleveland, OH...

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On today's BradCast: He wants you to be frightened. He wants to terrorize you. Don't let him. Vote instead. [Audio link to today's show.]

The fact that time is running out for the Trump Crime Family and their decades of fraud in New York --- as Eric also clearly knows --- is probably not helping, but Donald Trump is getting desperate. Hence, his refusal to commit, when when asked about it during a press briefing Wednesday at the White House, to a peaceful transfer of power after this year's Presidential election.

His excuse? "The ballots are a disaster...Get rid of the ballots....The ballots are out of control." While many have been discussing the disturbing options that some Republican controlled states may consider using to override the ballots by having their legislature select Electors to the Electoral College this year in defiance of voters, that's probably not what Trump was talking about yesterday when pretending "the ballots are out of control!"

He has been complaining for months about states that are automatically sending absentee ballots to all active registered voters this year. He is pretending this is "out of control" and a "scam" by Democrats to somehow steal the election. In fact, as we break down on today's show, Trump's complaints are, themselves, a scam.

In short, 5 states (Oregon, Washington, Colorado, Utah and Hawaii) have long sent all voters absentee ballots, whether they request one or not. Of those, only Utah is a so-called "red" state, and none of them are seen as anywhere close to likely to flip their Presidential vote from the way they voted in 2016. So, Trump is almost certainly not complaining about those five states.

But this year, due to the COVID-19 pandemic that Trump failed so disastrously to control, 5 other states (California, Vermont, New Jersey, Montana and Nevada) will also be sending mail-in ballots to all voters. Of those, the first three are very reliably Democratic states in Presidential elections. Trump won Montana by some 20 points in 2016. So, of those five, only Nevada (whose Republican Secretary of State is in charge of the election) could be considered, in any sense, a swing-state --- though it hasn't elected a Republican nominee for President since 2004, and a new Fox "News" poll out this afternoon shows Trump trailing Joe Biden there by 11 points.

If somehow, magically --- due to some imagined massive Democratic fraud --- both Montana and Utah suddenly flipped to Biden this year, but Trump managed to hold all the same other states he won in 2016 (none of which have instituted universal Vote-by-Mail this year), Trump would still win the Electoral College.

So what is he pretending to be so bothered by? Actually, nothing. He is simply desperate to win and, as his chances of doing so are dwindling, he's desperately grasping to pretend there is a massive Democratic scheme to cheat him out of that win with universal Vote-by-Mail. There isn't.

But make no mistake, he will do nearly anything to come up with a way to get a "win" --- as long as it's other people who will risk their lives for it. That, of course, is also why he is hoping to further pack an already stolen, 5 to 3 rightwing U.S. Supreme Court, and why he is signaling that there may not be a peaceful transfer of power in the event that he loses.

Despite his threats, Trump is a coward. Bullies want you to be afraid of them, when, in fact, they are terrified of you. As well he now should be.

This nation is about to be tested in a way that we haven't seen since at least the Civil War. But, as we discuss today --- and in agreement with both Nancy Pelosi's and Bernie Sanders' responses today to Trump's Briefing Room thuggery --- the solution is the vote. An overwhelming landslide of a vote, which is now completely possible if we all step up and do our duty to save this democracy. To paraphrase Barack Obama: Yes, we can!...But will we?

We will find out over the next six weeks...and beyond. We offer both advice and encouragement to that end on today's show.

Also today, just a few more reasons for Trump's increasing panic, in addition to the New York State Attorney General and the Manhattan District Attorney both quickly closing in on Trump Organization crimes in two separate probes: A federal court this week tossed out the Trump/RNC lawsuit in Nevada seeking to block their Vote-by-Mail election, despite legislation adopted by the state legislature and signed by its Governor; And the news that even Texas could now be in play, with a record 1.6 million newly registered voters, Democrats spending millions on TV ads in a state long previously considered to be a Republican state, the Biden Campaign hiring on-the-ground staffers, and CBS' latest Battleground Tracker poll finding Trump leading Biden by just two points in a state that hasn't elected a Democratic nominee for President since 1976. Oh, and Republicans appear so frightened about what could happen if voters are allowed to cast their votes in Texas this year, that a bunch of them are suing their own Republican Governor to roll back his tepid expansion of Early Voting in response to the coronavirus.

Finally, Desi Doyen has quite a bit of "big" and, yes, very good news for us today (for a change) in our latest Green News Report...

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On today's BradCast: Last year, a federal judge in Georgia banned the state's 20-year old, unverifiable touchscreen voting systems, finding them to be "unsecure, unreliable and grossly outdated" and, thus, effectively unconstitutional for use in federal elections. This week, that same federal judge held a hearing to determine whether the new unverifiable touchscreen voting systems Georgia has chosen to use this year for the first time are any better, or whether the Peach State should have listened to the cybersecurity and voting systems experts who strongly urged the state to move, instead, to a verifiable hand-marked paper ballot system. [Audio link to show follows below.]

But first today, Hurricane Sally slammed ashore near the Alabama / Florida border this morning. As predicted, the very slow moving storm is packing a punch, with rainfall "measured in feet, not inches swamping homes and forcing the rescue of hundreds of people as it pushed inland." Desi Doyen joins us for the latest on that slow moving disaster as water is quickly rising, rescues continue, the storm moves into Georgia, and as more hurricanes are already lining up behind it in an already record breaking Atlantic hurricane season (which still continues until late November!)

Even as that climate change-intensified disaster unfolds on the heels of Hurricane Laura just three weeks ago (with thousands still without power and in shelters in Louisiana), along with the record deadly climate-fueled wildfires out west, Donald Trump has chosen --- amid all of this --- a notorious climate science denier for a top position on "environmental observation and prediction" at the National Oceanic and Atmospheric Administration (NOAA).

If those stories don't underscore the existential importance of this year's elections, we don't know what would.

On that score, the final state Primary Elections of the 2020 season were held on Tuesday in Joe Biden's adopted home state of Delaware, with most ballots cast by mail, and with both masks and social distancing in place at the polls. Happily, there have been no reported voting problems to come to my attention yet and, as expected, there were few surprises in the reported computer-tallied results. Some of them, however, are either eyebrow raising, historic, or just plain fun. Among those categories is the QAnon conspiracist who is now the Republican nominee for the U.S. Senate in the state; the first openly transgender person to (almost certainly) win a seat in a state Senate; and the 12-year, Democratic state legislator who opposed same-sex marriage being beaten soundly on Tuesday --- in a landslide --- by a local, gay, progressive drag queen!

And with the primaries finally (and thankfully!) out of the way, we move straight to the general elections and back to Georgia, which Democrats hope to flip from red to blue in the Presidential election this year for the first time in decades. But it's also a state where not one, but two vulnerable Republican U.S. Senators are facing tough re-election challenges from Democrats.

There is a lot riding politically on the state of Georgia this year, which makes this week's much-anticipated three-day virtual hearing in an Atlanta federal court all the more critical. When the second day of the three-day hearing which wrapped up this week, regarding the security of the state's vulnerable new computer voting, pollbook and tabulation systems was interrupted --- "Zoom bombed" --- with photos of the 9/11 attacks, swastikas and pornography posted by a user calling him or herself "Osama", it would have been impossible for U.S. District Court Judge Amy Totenberg to miss the irony.

"It was a very sobering reminder of just how vulnerable electronics are, and just how targeted the United States and our elections are right now," says MARILYN MARKS, our guest today. She is Executive Director of the non-partisan Coalition for Good Governance, a lead plaintiff in the long-running case. She says it served as a reminder of the need to "get hand-marked paper ballots that are verifiable and auditable."

The Coalition is suing for a ruling that would find Georgia's new, unverifiable, $100+ million touchscreen voting system made by the Canadian firm Dominion Voting Systems to be an unconstitutional burden on the right to vote. That would be a similar finding to the one Totenberg issued last year, effectively banning and decertifying the state's 20-year use of its previous insecure, unverifiable touchscreen voting systems made by Diebold.

In addition to hoping to see those systems replaced with verifiable hand-marked paper ballots, the Coalition is asking the judge to order backup paper pollbooks at every polling place, after the new electronic pollbook systems failed during the state's June primary elections, leading to hours-long lines, largely in minority voting districts. The plaintiffs are also calling for oversight of the state's optical-scan tabulation systems which failed to tally thousands of votes on absentee ballots during the state's recent primaries. (We interviewed Jeanne DuFort, who discovered that problem, and is also a plaintiff in this case on several recent programs.)

Marks shares her observations from this week's hearings, including on the testimony and cross-examination of the Coalition's cybersecurity and voting systems expert witnesses (many of whom have also appeared multiple times on this show, including Univ. of Michigan's Alex Halderman, UC-Berkley's Philip Stark, expert data researcher Kevin Skoglund and legendary Finnish cybersecurity expert Harri Hursti). Similarly, Marks offers her thoughts on the state's, um, less-than-expert witnesses and responds to a number of allegations made by the attorney representing Georgia and its Republican Sec. of State Brad Raffensperger, who selected this new, "Rube Goldberg" computerized voting system despite the urging of experts and voters alike.

Among the stunning points noted by Marks was the testimony from the man who led the certification testing of this system for the U.S. Election Assistance Commission (EAC). Marks reports the witness seemed "quite confused about the technology" and "admitted to having no real security background and not really any long-term established security people on his team." She says his testimony "made it clear that security is really not a top priority for the certification of voting systems" at the federal level, adding, "It was really kind of unbelievable."

While transcripts may be available from the hearing soon (we'll update with a link to them here when they are), Marks noted some portions will be redacted, since the state argued privately in front of the judge on certain issues that even the plaintiffs were not allowed to witness. (Though I wonder whether "Osama" did?)

"The public learned a lot from these expert witnesses about just how seriously vulnerable the Georgia election system is," she tells me. "The expert witnesses gave extremely compelling testimony during the direct examination by our attorneys. But when the state's attorneys got them up on the stand for cross-examination, they were equally strong. Quite frankly, the state was really not able to get in any type of evidence --- because there is none --- that would help get anyone comfortable with their equipment."

When it came to the witnesses from the state and the voting system vendors, she says, her attorneys explained to the court that those "experts have not been able to tell the court just the basic fundamental operational and security details --- the plaintiffs have been the ones who bring all the information. The state basically had no one with any independence. Every expert witness they had had a financial interest in ballot-marking devices. Two of the expert witnesses are [voting system] vendors, three of the expert witnesses are vendors of ballot-marking device suppliers. So they were hardly considered independent, at least by the laymen who were watching."

While Marks says she does not know when Totenberg will issue her ruling, it is likely to be soon. Reports from the virtual courtroom via AP suggest Judge Totenberg appeared concerned by points made by the plaintiffs and may be forced to implement changes --- if she determines there is time to do so with Early Voting beginning in just four weeks in the Peach State. Marks believes there is plenty of time to make the state's elections more secure and overseeable, though the state begs to differ. Soon we'll learn how the Judge feels.

During closing arguments, according to AP's coverage, Robert McGuire, an attorney for the Coalition and individual voter plaintiffs, "recalled Totenberg's prior admonitions to the state" by noting that "Totenberg previously told the state that a new voting system should address the need for 'transparent, fair, accurate, and verifiable election processes that guarantee each citizen's fundamental right to cast an accountable vote.'" But the state's new computerized Ballot Marking Device system "satisfies none of these requirements," McGuire said...

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Today's BradCast in a nutshell: Elected officials lie, corporate media misinforms, people die. We try again to combat all of the above today. Wish us luck. [Audio link to today's show follow below.]

First up today, Desi Doyen joins us for the latest on the deadly, devastating, climate changed-fueled wildfire infernos wreaking havoc up and down the West Coast and on the new record hurricanes that are heading our way at the same time. With more than 3 million acres now burned, hundreds of structures destroyed in California alone, and at least 35 dead from the record blazes so far, Donald Trump went to the state on Monday and told fire officials not to worry. "It'll start getting cooler. You just watch," the President told California state Natural Resources Agency Secretary Wade Crowfoot, who was urging him to not ignore science and "recognize the changing climate and what it means to our forests." Trump's response: "Well, I don't think science knows, actually."

So, don't worry! Just as Trump repeatedly promised COVID would "just go away," (more than 190,000 Americans have been killed by it since he pulled that phony promise out of his ass), apparently the same is true for our climate crisis! Of course, our corporate media have made it much easier for Trump to misinform the nation with his lies because the corporate media have done --- and are still doing --- an horrendous job of educating the electorate about the real reasons the western fires have become so horrific and why we are now up to "V" in the named storms so far this year, with a month and half still to go in the storm season and two and a half months remaining in the wildfire season.

The media have been similarly disastrous in their education of the electorate when it comes to our woeful election system. Sadly, too many top government officials --- Democratic and Republican ones alike --- share in that blame, as we're reminded in our guest today, JENNY COHN's new short #RemoveTheModems video, warning voters about the modems that are present in voting and tabulation systems in key states --- including battlegrounds Florida, Michigan and Wisconsin --- making our entire electoral system vulnerable to hackers.

Citing the comments from officials back in 2016 falsely telling America that our voting and tabulation systems are "never connected to the Internet" (they are), so can't be hacked (they can), Cohn tells me: "I'm very worried that we're going to be gaslit again in 2020. If the electronic totals somehow favor Trump, we're going to be told to pack up and go home there's nothing to see here, he just won, 'he's a legitimate president', period."

That year, even after Democrats promised "hundreds of attorneys" on the ground to assure a legitimate election (exactly as Joe Biden's campaign did again today), the DNC and Clinton Campaign refused to demand the hand-count of ballots in the three key states (MI, WI and PA) which barely flipped to the Republican candidate for the first time in decades. That, despite the fact that had an average of just two votes been recorded for Clinton instead of Trump in each precinct in those states that year, she, not he, would have won.

"What really concerns me is the blind spot that the Democratic Party seems to have for the electronic component of potential for cheating," says Cohn. She believes, however, that at least Clinton has learned her lesson. Based on a conversation she says she had with the 2016 Democratic candidate recently, Cohen tells me: "I do believe that Hillary Clinton understands it now, and I think she understands the importance of the Democrats not boxing themselves into a corner, where they will look like hypocrites if they need to file an election challenge based on the electronic totals, or any other aspect of the election."

Whether Clinton has enough power to convince the Biden Campaign and the rest of the Party of that, Cohn suggests, is a separate question.

Cohn, an attorney, election security advocate and Twitter activist, is calling for the modems cited in her video to be removed from the systems in states which use them before the November election. As journalist Kim Zetter reported last year, many of the election officials in those states don't even realize when their private election vendor has hooked their systems up to the Internet --- some of them she reports researchers discovered, are on the net all year around!

"I have no doubt that what the Trump team wants to do is win the electronic vote on Election Day, and then try to run out the clock or do something else with the [absentee ballot] signature match, so that we don't get all of them counted," she tells Cohn argues. "Or, if it goes to a recount, it gets shut down prematurely," she says, noting correctly that Vote-by-Mail ballots are also "sent to that electronic management system too."

Cohn also discusses some of her worst fears about this year's elections (and I share some of mine, several of which are similar, especially regarding electronic pollbooks which often have no paper backup) before we take a few phone calls from listeners on the topic, with Election Day now just 50 days away. "It's going to be ugly, no matter what the official result is," she says, noting: "My biggest concern --- the overarching concern that I think we both share --- is that there won't be any transparency about the results, and therefore we'll never really know."

Cohn has posted a bunch of helpful "Tips to Mitigate Threats to Our Votes and Voter Registrations Before November" that I'd urge you to check out and share as well, even though we didn't get time to discuss them. Just a good reason to have Jenny back. Please follow her on Twitter until then!...

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On today's BradCast, it was not a good day for those who believe in free, fair, honest, overseeable and safe democracy. On the other hand, it was a great day for Republicans! [Audio link to full show is posted below.]

We've got a boatload of court rulings from almost half a dozen states to try and make sense of today. A few of them are good. Most of them are not. But we've got some expert help in making sense of several of them, and she tells us the fight is nowhere near over.

We begin today with the breaking news out of Florida, where the U.S. 11th Circuit Court of Appeals has overturned a lower court ruling that had found the state's new "pay-to-vote" law constitutional. Apparently, the five new federal jurists that Donald Trump has added to the court all agreed, in a 6-4 ruling, that poll taxes are just fine by them. They approved the law enacted by the state's GOP legislature and Republican Gov. Ron DeSantis last year that undermines Amendment 4 of the state constitution. That Amendment was adopted in a bipartisan, 65-35 percent landslide in 2018 to restore voting rights to as many as 1.5 million former felons in the state, including about one quarter of the state's voting age black men.

The law specifically passed to undermine Amendment 4 requires all court-imposed fines and fees to be payed before a former felon may register to vote. So, if you have enough money, you can vote. If you don't, too bad. Also, good luck to former felons even figuring out if they owe any money at all. Florida doesn't keep track. That means many newly eligible voters won't bother to register, rather than risk being sent back to jail for violating this new law. It was passed along partisan lines last year by Florida and is virtually identical to the 150-year old statute struck down just last week by a North Carolina state court. As revealed during the course of the NC suit, the law, according to its legislative champion following post-Civil War Reconstruction, was specifically adopted to "secure White Supremacy" by preventing "the honest vote of a white man" from being "off-set by the vote of some negro." Slate's legal reporter Mark Joseph Stern derides today's Florida ruling as "one of the most dishonest, misleading, and despicable voting rights opinions I have ever read" and "an affront of the very notion that Americans have a right to vote". The ACLU Voting Rights Project's attorney Julie Ebenstein argues "the gravity of this decision cannot be overstated," describing it as "counter to the foundational principle that Americans do not have to pay to vote" and "an affront to the spirit of democracy".

In another afront to democracy, Wisconsin's rightwing state Supreme Court on Thursday ordered the state's 1850 separate municipalities to immediately stop sending out absentee ballots to the, so far, about 1 million voters who have requested them. The court's 4 to 3 partisan ruling is meant to allow it's rightwing majority time to decide if the Green Party's Presidential ticket should be added to the ballot, despite the state Election Commission, in a deadlocked 3 to 3 vote, determining that the party's Presidential nominee Howie Hawkins and Vice Presidential Nominee Angela Walker did not receive enough signatures to qualify.

At issue is hundreds of petitions that listed the Milwaukee native Walker's address as a motel in South Carolina. Why the Party used two different addresses for Walker is unclear, but the result was the WI State Election Commission --- which the GOP state legislature recently created to replace the previous non-partisan commission with a partisan one built to create such deadlocks --- followed state law. That prevented the Greens from making the ballot. After a two week delay and 378,000 absentee ballots already mailed out, the Green Party decided to sue, even though election officials from across the state say their will be no time to design, print up, test and mail out out new ballots before both state and federal statutory deadlines require them to do so next week. They also have no idea how to avoid people voting twice with two separate ballots they may receive for the same election. So, chaos reigns yet again in the election in the key battleground state where Donald Trump is said to have won in 2016 by less than one single percentage point, when the Green candidate that year received more votes than Trump's margin over Hillary Clinton.

The voting news out of Texas this week is only slightly better. First, the good news: A federal judge there has ordered state election officials to notify voters within one day after a "perceived signature mismatch" is determined on absentee ballots, and to allow voters a "meaningful opportunity" to correct the issue. Previously, after officials, who are not handwriting experts, decided a signature was not a match to the voter's registration application (often years old), the ballot was simply rejected without notifying voters until 10 days after the election. In other good voting news from the Lone Star state, a state judge has determined that the Clerk in Harris County (Houston) is, in fact, allowed to send out absentee ballot applications to all registered voters in the nation's 4th largest city. The state's Republican Attorney General had sued to block the effort. I suspect he'll appeal, but we'll see.

But the war on voting in the Lone Star State doesn't stop with those two victories for democracy, unfortunately. The Mayor of Houston wants to know why more than a dozen local U.S. Post Offices have refused to allow volunteers from the non-partisan League of Women Voters to make multilingual voter registration materials available at those facilities.

And our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan Free Speech For People, joins us to explain the disappointing decision from a federal judge this week in response to a recent lawsuit filed by FSFP on behalf of Mi Familia Vota and the Texas NAACP seeking to address what the groups describe as "unsafe and unequal voting conditions" in the state during the COVID-19 pandemic.

The suit seeks a Preliminary Injunction in challenging the state's "insufficient number of polling places"; "its limited and inaccessible early voting locations"; a lack of social distancing requirements; Gov. Greg Abbot's statewide mask mandate which allows an exception for voters and pollworkers; and the dangerous "reliance on repeat-touch voting machines" amid the deadly pandemic, among other concerns. All of which, the complaint argues, "will result in unsafe voting conditions and increased risk of coronavirus transmission, which in turn will result in voter suppression." Moreover, as Hostetler explains today, "the health risks and adverse impact of these policies will place an undue burden on the right to vote and be borne disproportionately by voters of color, in violation of the U.S. Constitution's Fourteenth Amendment guarantees of due process and equal protection under the law, and the U.S. Constitution's First Amendment."

Texas has some of the most restrictive absentee voting requirements in the nation, so the dangers at polling places --- in this case, unequal ones --- are no small matter. "The real crux of the Constitutional issues at stake here," Hostetler tells me, "is that people won't show up to vote because they can't risk getting COVID-19 and dying. They can't risk not being able to work for 3 weeks if they get it...This is what's at stake, and the burden is not shared equally in Texas. It's both unconstitutional and it violates the Voting Rights Act." She says the federal judge, rather than deciding the case on its merits, determined that the matter is a political one, rather than an issue to be decided by the courts. While the case is still live, the judge has denied the group's motion for a Preliminary Injunction, which likely pushes the matter back until after the election. But the groups today decided that they will file an appeal.

In Pennsylvania this week, a state court judge also ruled against a Motion for Preliminary Injunction in a similar suit filed by FSFP and the Pennsylvania NAACP "to establish safe and equal voting procedures for the upcoming general election." There too, the groups plan to appeal.

And in North Carolina, where FSFP filed a suit last April to block the use of new "insecure, unreliable, unverifiable, and unsafe" touchscreen voting machines with the NC NAACP, the groups late last week filed an appeal to the state Supreme Court after a lower court denied their original complaint.

The appeal is "alleging imminent risk to voters' right to free elections and equal protection under the laws if they are required to vote on the [ES&S] ExpressVote touch screen ballot marking device this November". The complaint, as we discussed with Hostletler last spring when it was initially filed, "alleges the new [touchscreeen] system is vulnerable to security threats and its results are unverifiable, in violation of the North Carolina Constitution’s guarantees of free and fair elections and equal protection of the law." She says that though this matter will no longer be decided before this year's election, "the case is still live, and we are ready and preparing to litigate this fully and pursue this case through trial, because it does have long term implications for the state of North Carolina, because these machines are utterly unreliable and unverifiable";

So, yeah, a rough week for those who favor voting, voting rights and free, fair and safe democracy. But, as Hostetler argues today: "Every time there's an effort to push back against free and fair elections, there are people who are saying 'No, I'm going to fight you on that." She urges voters to fight like hell to make sure that they cast their ballot this year and vote as safely as they can, while letting her group or others know when and if they run into barriers.

"Know that there are people across the country who are fighting to change these policies," she says. "Nobody is alone in this. There are a lot of people fighting, and we can always use more"...

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No matter everything else on today's BradCast, we end with some bona fide very good news today for voters in a key battleground state! [Audio link to full show follows below summary.]

Speaking of key battleground states, it was state primary Election Day on Tuesday in New Hampshire and Rhode Island, the penultimate primaries of the season (with only Delaware left to go next Tuesday in Joe Biden's home state.) We cover noteworthy results today from both states, even if there were few surprises.

Next, folks up and down the West Coast have literally been "seeing red" over the past day or two, as wind-sparked, heat-fueled, climate change-intensified infernos continue to burn out of control through millions of acres at a record pace today. Among the results has been blood red sunlight across parts of Northern California and much of the Pacific Northwest, even in areas far from any active blazes.

During a press conference this afternoon, Oregon's Gov. Kate Brown described the outbreak of fires burning in both her state and neighboring Washington as "unprecedented", warning they could result in "the greatest loss of human life and property due to wildfire in our state's history." As we went to air, officials were prioritizing the safety of residents --- many of whom are evacuating, others who had to be airlifted out --- and homes, with hundreds already reportedly destroyed. These apocolyptic stories of millions of acress burned and communities completely wiped out should be front page news everywhere, but aren't. And every story should about them should tie the record-setting, catastrophic disasters to our quickly worsening climate crisis, but they don't. We do.

Then, we're joined by Slate's ace legal reporter, and one of our favorite guests, MARK JOSEPH STERN, for a two-fer today. First up, Stern explains the unprecedented use of the Federal Tort Claims Act, as invoked in a federal court filing on Tuesday night by the U.S. Dept. of Justice, to try and protect Donald Trump from a defamation lawsuit filed against him in New York state court. The case involves columnist E. Jean Carroll who alleges Trump raped her in a department store dressing room in the 1990's. After she described the incident in a recent book, Trump called Carroll a liar, claiming to have never even met her (despite a photograph of them together), and asserted he couldn't have raped her because she was "not my type."

Carroll sued the President for defamation and, after successfully defeating several motions to dismiss by Trump's personal lawyers, was set to both depose Trump in the case and obtain a DNA sample from him that she believes will match a stain on the dress she said she was wearing during the alleged assaulted at NY's Bergdorf Goodman department store in 1995.

On Tuesday, the DoJ intervened with a stunning motion to move the case from state to federal court, and replace Trump's personal defense attorneys with their own. If upheld by the court, that would effectively end the case under the Federal Tort Claims Act, where defamation suits against federal employees are barred. Stern, however, explains what the law is meant to do --- protect federal officials from being held personally liable for lawful acts done in the course of carrying out their jobs --- versus how the DoJ is now attempting to use it to shield Trump from liability for defaming a woman who says she has evidence of a rape more than two decades before he became President. Whether Bill Barr's DoJ attorneys will successfully prove to a federal court that defaming a citizen while responding to reporters questions about a rape twenty-five years ago is truly within the scope of a President's duties remains to be seen. But the filing itself is now likely to push the deposition and DNA test, in any case, beyond the November 3rd election, as Trump was hoping for.

Finally, we get to the bona fide good news today out of North Carolina, where a panel of state court judges late last week finally struck down an 1877 law meant to "secure white supremacy" in the state following the post-Civil War Reconstruction period. The law barred former felons who completed their prison sentences as well as all parole and probation from registering to vote if they still owed court-imposed fines and fees. As Stern reports --- and as revealed during the course of the case --- the law was originally spearheaded by a state lawmaker who presided over the lynching of three Black men and was meant, according to documents [PDF] unearthed by an expert witness historian for the plaintiffs, to prevent "the honest vote of a white man" from being "off-set by the vote of some negro."

The court's ruling means that some 100,000 NC residents are now newly eligible to vote in the 2020 Presidential election in one of the most closely divided states in the nation Another ruling from the same panel, likely to come after a trial, according to Stern, could result in another 70,000 currently disenfranchised former felons becoming eligible to vote as well. Moreover, as the case involves state law and is in state court, it cannot be overturned by the U.S. Supreme Court. Stern --- who recently published "An Extremely Comprehensive Guide to Making Sure Your Vote County, In Every State", also explains that the ruling will almost certainly not be overturned by the 6 to 1 liberal majority on NC's Supreme Court because, as he tells me, "there are a lot of bad ass women of color on North Carolina's state Supreme Court, and I think these individuals are going to say we cannot tolerate a racist law from 150 years ago."

Not coincidentally, as a racist, 150-year old Jim Crow measure is finally being knocked down in NC, the GOP majority in Florida's state legislature just adopted a nearly identical measure just last year to bar former felons from voting if they have not paid off all court-imposed fines and fees. That law was found to amount to an unconstitutional poll tax by a federal judge earlier this year, but his ruling has now been stayed by SCOTUS until after the 2020 Presidential election in that key swingstate. The stay allowing Florida's "pay-to-vote" law is likely to block as many as 1.5 million potential new voters --- including a quarter of the state's male African-American population --- from voting this November in the Sunshine State...

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On today's BradCast: The gears of American democracy continue to grind and wheeze toward November 3rd. On Tuesday, Massachusetts held its late season state primary elections featuring at least two noteworthy races. One, a somewhat bizarre challenge by an ambitious 39-year old Rep. Joe Kennedy III for the Democratic U.S. Senate nomination against incumbent, 74-year old progressive climate champion Sen. Ed Markey. The other, a challenge by the 31-year old progressive Mayor of Holyoke, Alex Morse, against powerful, 16-term establishment Democratic Rep. Richard Neal in the state's 1st Congressional District. One progressive won, the other lost. Both races were fascinating for different reasons. [Audio link to show follows below.]

To help us understand both races and more, we're joined once again today by HOWIE KLEIN, creator of the enduring "Down With Tyranny" blog and co-founder of the progressive BlueAmericaPAC. He's been helping us in recent weeks to make sense of results from a number of key, late season primary races. (There are still three states left to go --- Rhode Island, New Hampshire and Delaware --- over the next two weeks.) The Markey/Kennedy contest, however, was one of the most curious this season.

Markey, who has served in the House and Senate for some 45 years, remains one of its most progressive and beloved lawmakers as a supporter of Medicare for All and the Senate sponsor, with Rep. Alexandria Ocasio-Cortez in the House, of the landmark Green New Deal proposal. Kennedy's attempt to unseat Markey, as endorsed by House Speaker Nancy Pelosi, unsettled a number of Democrats and appeared, for a while, that it might have been successful. Alas, Markey appears to have won the day, and fairly easily, on Tuesday against the first Kennedy to ever lose an election in Massachusetts.

Klein explains why Kennedy was running in the first place and why he ultimate lost.

He also walks us through the challenge against Neal, a long-serving Democratic corporatist in the House who faced criticism from many Dems for slow-walking the Congressional attempt to review Donald Trump's tax returns. As the powerful Chair of the House Ways and Means Committee, Neal has the exclusive, statutory right to review the tax returns of any American in the nation. He took months, however, after Democrats regained the majority in the U.S. House in 2018, to even begin the process. Bu that's hardly the only critique of Neal by progressives, as we discuss today with Klein.

Nonetheless, Neal easily defeated Morse in Tuesday's primary, after what appear to have been dubious, if ultimately effective, charges of sexual misconduct whipped up against him by questionable sources. Klein explains that ugly campaign, as well as why his BlueAmericaPAC decided not to endorse Morse or either of the two progressive candidates running in the crowded field for the nomination to fill Kennedy's vacated seat in the state's 4th Congressional District.

Also today: The Pennsylvania Supreme Court has announced it is taking up a case filed by the state Democratic Party seeking to expand and clarify the state's new mail-in ballot law amid the coronavirus pandemic. The Trump Campaign and state Republicans are challenging absentee voting in the battleground by, for example, suing to prevent the use of secure drop-boxes for absentee ballots.

And, in Texas, a federal judge has, for the second time, found the state in violation of the National Voter Registration Act for refusing to make online voter registration available along with online drivers license applications as required by the NVRA. And, in another court case, Texas' Republican Sec. of State and Attorney General are now suing the Harris County (Houston) County Clerk to prevent him from sending out absentee ballot applications to the county's more than 2 million registered voters...

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I'll be brief in today's BradCast summary, because I've got to head back into Day 2 of the bizarre dystopian nightmare known as Donald Trump's Republican National Convention. We're watching it so you don't have to. You're welcome. [Audio link to full show is posted below.]

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

• Two nightmare storms slamming the Gulf Coast in the same week as the biggest and more dangerous of the two, Hurricane Laura, is gunning for the Louisiana/Texas border, likely as a Category 3;

• A Florida judge puts the brakes on Gov. Ron DeSantis' demand that all public schools open five days a week for in-person classes by the end of this month. He says the state's plan "disregards safety" amid a still roiling --- if slightly easing (for now) --- pandemic in the Sunshine State;

• Highlights (low lights?) from Day 1 of the RNC, in which every speaker sounded as if their remarks were either written by the same person, or simply ripped straight off of Fox "News". As ridiculous as the evening was --- featuring enough dangerous lies about Trump's mishandling of the COVID crisis that MSNBC had to break in with a doctor for some serious fact-checking; a couple of accused felons warned Democrats will "“abolish the suburbs altogether"; a seemingly stoned Don Jr. and his seemingly insane former Fox "News" host girlfriend Kimberly Guilfoyle --- we determined that ridicule was the best was to cover it. So we called in Stephen Colbert for some assistance.

• Good news for voters in Indiana. A federal court struck down the state's latest attempt to purge voters from the rolls without bothering to contact them in any way first.

• Good news, for now, for voters in Pennsylvania. A Trump-appointed federal judge forced the Trump Campaign to make fools of themselves by demanding they present evidence of voter fraud via secure absentee ballot drop-boxes in Pennsylvania, where they are suing to prevent the use of the convenient devices during this year's general election. The plaintiffs were unable to to present any such evidence.

• Finally, Desi Doyen joins us for our latest Green News Report with more on the twin storms pummeling the Gulf Coast and the raging fires in California (both amid a global pandemic making evacuating shelters very tricky for social distancing), the Trump Administration puts a pause on it's approval for the controversial Pebble Mine in Alaska after Don Jr. and Fox "News" decide maybe they're against it after all, and a quick review of last week's virtual Democratic National Convention where Joe Biden and many others promised action on climate change...

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On today's BradCast: Two mysteries solved in one single, if hectic, show! [Audio link to full show is posted at end of article.]

The first is the mystery of who presumptive Democratic Presidential nominee Joe Biden would select as his Vice-Presidential partner. Now we know. Less than an hour before showtime today, it was announced that California's first-term U.S. Senator Kamala Harris will become the first black woman (and first South Asian American woman) to be part of a major party's Presidential ticket. On short notice, we were able to scrounge up the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo blog to join us for her "top-line, knee-jerk, hot-take" response to the big news and how she thinks it will play both among the electorate at large and the far, FAR more picky progressive electorate.

Parton, a progressive herself, who says she was rooting for Elizabeth Warren to be named for the slot, describes Harris as a "a very skilled politician"; argues that her selection "says something nice about Biden"; discusses the "legitimate concerns that progressives have had about Harris"; and whether she believes "the Left" will be able to "put aside their differences" to get behind the ticket, before "going to fight tooth and nail about the things that we care about" in the event that Biden actually becomes President next January.

Today's other solved mystery is much trickier. And it has to do with Georgia, which is holding primary runoff elections today, along with state primary elections on Tuesday in Vermont, Connecticut, Minnesota and Wisconsin. (We'll have noteworthy results from all of those states, as available, on tomorrow's BradCast, of course). Naturally, because it's Election Day in Georgia --- a key battleground state which some believe could finally flip from "red" to "blue" this year for the first time in decades --- there are problems at the polls. While hopefully not as terrible as the meltdown caused by the state's new unverifiable touchscreen voting systems and electronic pollbooks that resulted in hours-long lines in largely Democratic-leaning precincts during the state's June primary, we have early indications that the same, new, overly-complex, computerized voting systems failed voters again today in at least some of the 94 (of 159) counties participating in today's runoffs.

Despite that distressing (if unsurprising) news today in Georgia, there was some good-ish news from the State Elections Board (SEB) there. They met on Monday to adopt new procedures in advance of the November 3rd Presidential election. The SEB unanimously agreed to allow voters to request absentee ballots for November via a new online webpage to go live by the end of the month. That's good news for those who have easy online access. But, shamefully, it comes along with the news that Republican Sec. of State Brad Raffensperger, after successfully sending out Vote-by-Mail applications to all of the state's active registered voters before the June primary, will NOT be doing so before this year's Presidential election. Apparently, that plan worked too well and allowed too many to easily vote from home, when they might otherwise have had to struggle with long lines and Raffensperger's failed electronic voting systems at the polling place in the middle of an ongoing global pandemic.

Also at Georgia's SEB meeting on Monday, the Board agreed to make a change to the state's new computer-tabulation systems that scan and count those hand-marked paper absentee ballots. (Voters at the polls are forced to use unverifiable touchscreen systems.) The SEB's change to a software setting on the systems came about, thanks in no small part, to our guest today, JEANNE DUFORT of the Coalition for Good Governance.

Following the June primaries, Dufort was on a bi-partisan citizens' panel reviewing digital images of hand-marked paper absentee ballots on which the computerized digital-scanners believed there were over-votes with, for example, more than one oval in a single race seen by the computer as being filled in. State law requires manual examination of such ballots to determine if the voter's intent is discernible or not. While reviewing those ballots, Dufort and the other panelists in Morgan County noticed that the tabulation system had marked some clearly discernible votes on many of those same ballots as containing "no vote". Why were those votes not counted by the new, $100 million tabulation system made by the Canadian firm Dominion Voting? And would elections officials manually examine ALL of the hand-marked ballots to count those "lost" votes? As Dufort told us on this program at the time she discovered the problem after the June primary, there were potentially tens of thousands of perfectly legitimate votes that had gone uncounted.

Well, today we finally have the answer to the mystery of why the system had failed to count some of those votes. It has to do with a sensitivity setting on the digital optical-scan tabulators that the Secretary of State's office claims they did not originally know about when they initially dismissed Dufort's concerns back in June. That setting, apparently, directs the computer to ignore votes in which less than 12% of the bubble was filled in. (Often, instead of inking in the entire bubble, voters will use a check-mark or an X. While the voter's intent is easily discernible to the human eye, the new computers that tabulate votes were set to record such marks --- that filled less than 12% of the bubble --- as a "no vote".)

"It assigns it a 'percentage of fill'," Dufort tells me. "In our case in Georgia, what we later found out was that these Dominion factory settings said if a vote was deemed to cover more than 35% of that area...if the threshold percentage hit 35% or above, the system said, 'Yep, that's a vote! It counts!' If the threshold was between 12-35%, it said, 'that's ambiguous, I'm not sure something is there, better get a human to look at it.' If it fell below 12%, it said, 'I see that, but it's not a vote, so I'm going to label it unvoted, and I'm not even going to call it to the attention of the humans.'"

While Dufort says that it is good news that the SEB has now agreed to lower the bottom of the software sensitivity range setting to 10%, the longtime Election Integrity advocate says that she and others in the state believe it should be set lower still, to avoid more lost votes, in advance of the Presidential Election. "We think 10% is still too high," she says. "So we're going to be out talking to them. This rule is out for 30 days of public comment. We'll be saying thank you, but you really need to take it down to 5, which we have learned is what Colorado uses. And they've been doing hand-marked paper ballots statewide for a very long time. We think that's a good benchmark for Georgia."

She also observes that the the old settings, less sensitive settings, are still being used to tally today's runoff elections, which could be a problem in the event of close races. Moreover, she explains, "the color of the ink [and] the brand of the ink in your pen can change how the computer measures it." We discuss all of that, how the changes may affect results this November, and whether we should be worried that such a software setting could be abused by ill-intentioned election insiders (or hackers) in the critical battleground state (or others that use similar systems) during the Presidential election.

Finally, Desi Doyen joins us for our latest Green News Report, with more deadly fossil fuel disasters, a warning about this year's already-record Atlantic Hurricane season, and some very disturbing climate change news out of Canada, where the last intact ice shelf has finally collapsed and broken away...

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On today's BradCast: This is not a drill. In my nearly-two decades of covering elections, I've never been as concerned about attempts to undermine an election than I now am regarding this year's Presidential election on November 3rd. [Audio link to full show is posted below summary.]

Last Friday's BradCast interview with American Postal Worker Union President Mark Dimondstein, regarding the mandates by Louis DeJoy, Trump's newly-appointed Postmaster General, to slow down the mail "everywhere" --- and DeJoy's Friday Night Massacre that took place moments after we got off air --- are just some of the huge reasons for my concern. Please make sure that you are prepared, well in advance, for this year's election, and that you know how to not only receive a Vote-by-Mail ballot, as necessary for many due to the pandemic, but that you know what the deadlines are for registering to vote, requesting a VBM ballot, and where and how to drop it off IN PERSON, so your ballot doesn't get lost in Trump's USPS slowdown. Once you've learned all of that, please make sure everyone you know does the same. Ernie Canning has written a helpful article at Bradblog.com with some important related tips, and 2020VotersCalendar.org is a very helpful new website resource with specific information along these lines for voters in each of the 50 states.

Over the weekend, Puerto Rico's primary was a disaster, as ballots did not arrive at all --- or far too late for many to vote --- in 50 out of 110 voting centers across the island. A second make-up election is now being planned, hopefully, for next Sunday. If something like that happens on November 3rd, of course, all may be lost.

In the meantime, just days after Donald Trump falsely claimed that children were "almost immune" to the coronavirus, a new report finds that nearly 100,000 children in the US tested positive for it in just the last two weeks of July alone. That's a 40% increase in child coronavirus cases during those two weeks in the U.s. jurisdictions researchers examined. At least 86 children have died from COVID-19 since May, the report from the American Academy of Pediatrics and the Children's Hospital Association also finds, including a 7-year old with no pre-existing conditions in Georgia last week.

This coincides with the mind-boggling push by Trump to reopen schools for in-person classes immediately, as a number of states run by Trumpy Governors press forward with plans to do so. One such state is Georgia, where some schools opened for the new term already last week and saw photos of crowded hallways and maskless children go viral on social media almost immediately (before suspending the student who posted them). Now that same school is returning to distance learning this week after six students and three staff members at the school tested positive. Other school districts in the state reported even worse numbers.

In Florida, where two teenagers have died so far this month, at least 12 counties are reopening schools this week, more than 17% of tests are now coming back positive. The CDC recommends schools only reopen where the positive test rate is lower than 5%, yet at least 9 of the 12 school districts planning to open in the Sunshine State are currently seeing rates much higher than that. That, as nearly 165,000 are confirmed to have died from COVID in the U.S. and new data from the CDC finds 200,000 more deaths since mid-March than would normally be expected at this time of year, based on recent trends before the pandemic.

As bad as its all getting, the White House appears unwilling to compromise with Democrats on a new COVID emergency relief bill, despite tens of millions of Americans who saw their expanded federal unemployment benefits from an earlier relief bill expire at the end of July. In response, rather than negotiate or demonstrate the art of his pretend deal-making prowess, Trump spent the weekend playing golf and signed one Executive Order and three Executive Memos that pretend to do a whole bunch of stuff that they actually don't and are most likely unconstitutional to boot. One of his executive actions, to temporarily defer payroll taxes for those who are working (the taxes will have to paid at the end of the year instead), would actually cut funding to Social Security and Medicare. Another would take money from FEMA to restore some of the expanded unemployment benefits, but slash them by a third, prevent them from being paid to the lowest-income earners, and require cash-strapped states pay 25% percent of the expanded payments.

Yet, there is no effort in his executive actions to bailout states and cities who are now completely out of money due to their COVID-related crash in revenues. Many couldn't help fund the expanded unemployment even if they wanted to. Similarly, there is no effort to fund the Post Office with the $25 billion that its GOP-dominated Board of Governors has requested to keep the USPS running. And no effort to give $4 billion to election officials around the country to help upgrade their systems to help manage the huge influx of absentee voting due to COVID or even to help make in-person voting safer, as election officials across the country have long sought.

In short, the weekend's news was terrible and the news ahead is likely to get nothing but worse for a while. But we thought you should know it, since the President of the United States --- who said his executive actions this weekend "will take care of pretty much this entire situation, as we know it" --- continues lying to the nation in hopes that it will somehow help him get reelected. It won't. But stealing the election remains completely on the table and actively under way.

Finally, we open up the phones to callers on all of the above. And, though I specifically asked several times, I couldn't seem to find one listener willing to call in and explain why they would be happy to send their kids back to in-person classes right now. Go figure.

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On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

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On today's BradCast: Elections are under threat once again this year, and not just from the President of the United States. But one group of cybersecurity experts launched a new initiative on Friday to try and help --- and not a moment too soon. [Audio link to full show is posted below.]

First up, what suffices for some good news today: The Manhattan District Attorney seeking 8 years of Donald Trump's tax records and those from the Trump Organization suggested in a court filing today that his investigation requires those documents since he is examining "extensive and protracted criminal conduct at the Trump Organization...dating back over a decade." Until today, the office of Manhattan District Attorney District Attorney Cyrus R. Vance, Jr. had indicated only that he was probing the hush-money payments made to porn star Stormy Daniels and Playboy model Karen McDougal before the 2016 election. Those payments were meant to keep them quiet about affairs with Donald Trump.

Trump's former attorney Michael Cohen is serving a three year sentence for his part in that criminal campaign finance conspiracy which both he and federal prosecutors say was "directed" by Trump himself. But today's court filing makes clear that Vance's probe goes far beyond that. Last month, the U.S. Supreme Court said that subpoenas of Trump's financial services institution by the Grand Jury impaneled by Vance were permissible, though they sent the case back to a lower court for one more review, delaying any potential state prosecution of Trump or his associates likely until after the election. Now we have some confirmation that Vance's state investigation (which is immune to Presidential pardon power) appears much broader than previously publicly known.

In other accountability news, a 17-year old from Tampa, Florida was arrested on Friday, accused of being the mastermind behind a scheme last month that commandeered the Twitter accounts of Barack Obama, Joe Biden, Bill Gates, Elon Musk and other high-profile politicians, CEOs and pop stars. The conspiracy --- two others were also arrested, including a 19-year old from the UK and a 22-year old from Orlando --- was an attempt to scam more than $100,000 in Bitcoin out of gullible people who followed the Twitter accounts of those celebrities, which were taken over by the alleged perpetrators.

As we've observed before, if multi-billion dollar social media companies such as Twitter, which spends huge sums of money on cybersecurity, can't keep their systems safe from hacks like this, what chance does Mr. and Mrs. Local County Election Clerk have in protecting their computer voter registration databases, electronic pollbooks, computerized voting systems and computer tabulators this November? That effort is made all the more impossible this year thanks to the expansion of Vote-by-Mail in response to the COVID-19 pandemic, and the refusal of Republicans in Congress to appropriate the $4 billion that election officials across the country have been seeking for months in hopes of expanding election systems and protecting it from cyber-intrusion and other related failures this year. The federal government --- via the U.S. Dept. of Homeland Security (DHS) and the Elections Assistance Commission (EAC) --- offers extremely limited support for the nation's 13,000 independent voting jurisdictions.

But with just over 90 days until Election Day now, a new initiative is being launched out of the University of Chicago Harris Cyber Policy Initiative called the Election Cyber Surge. The initiative, according to its Executive Director MAYA WORMAN, who joins us on the show today, is to bring volunteer cybersecurity and voting systems experts together with local elections officials to help them with whatever cyber-related problems or concerns they may be facing before the election. The hope, she explains, is to help prevent cyberintrusions and ransomware attacks and the like before they happen.

"The need is clear," she tells me. "I think it's increasingly more obvious to those who aren't following this closely, who aren't following this beat. That, in itself, is a strong indicator that we are needed. ... It's not just voter rolls. It's not just the output of the machines, but all of the things in between, including maps of where all of your polling place might be, the hours that they're open, what the deadlines are to register, the information you need once you get there --- all of this stuff can be tweaked just slightly. That could affect the major portion of the voters in any given jurisdiction."

Given the enormous complexity of today's voting and counting systems --- not to mention often-interconnected voter registration systems and electronic pollbooks --- the free help offered by Cyber Surge is likely to be invaluable to thousands of local jurisdictions who may have limited, if any, IT support and a lack of access to cybsersecurity experts. Though we are now just three months out from this year's critical Presidential election (mail-in ballots will go out and early voting will begin in as few as 45 days in some places), Worman says she is confident that the new initiative --- born out of DefCon's "Voting Village", a hacking conference where white-hat hackers have been successfully trying their luck on various voting systems since 2017 --- will prove helpful to myriad election officials who, too often, rely only on private voting systems vendors for support.

"More than 50% of all election officials rely on at least 6 different vendors," Worman observes. "I think there's obviously an expectation that the people with whom they are doing business will not lead them astray, and maybe they won't. But when you have so many different, overlapping tools and systems and a network, and it's all being fed by an antiquated database that is protected who knows how, that is where vulnerabilities from having multiple vendors comes in."

Worman, and (hopefully) cavalry of experts aim to help. And quickly. The effort will be more necessary than ever this year given the necessary changes being made to voting during the pandemic and, thanks to Republican intransigence in Congress, a lack of financial resources to pay for it. "The days of making sure that the room where the ballots are kept is locked --- we're far beyond that now. So a reality check that is gentle, but based in reality, is critical," she warns, adding: "Without sounding too trite, I think staying positive is key here. I think it is very clear that there are more people who want our elections to work than who don't want them to work. And that's important to remember."

Finally, on a somewhat lighter note today, we open up the phone lines to listeners for their thoughts on a) who they would like to see presumptive Democratic Presidential nominee Joe Biden choose as his Vice-Presidential candidate and b) who those same listeners fear he will actually name. Some of the responses from callers may surprise you!...

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I'm calling them Democracy Wars today. But I could just as easy call them Infinity Wars --- as the fight by so many for the right to vote and the fight by others to prevent them from voting at all --- never seems to end. But the name Infinity War may already be otherwise spoken for. [Audio link to full show follows below.]

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

• A couple in Ohio sends their kids to summer camp, with masks and social distancing in an area of the country with a very low infection rate. Days later, predictably, COVID breaks out at camp, kids and counselors get sick, everyone becomes terrified, overwhelmed and is quarantining. Just a preview of what you will begin to see when/if schools are ordered to prematurely reopen for in-person classes as soon as next month, as Trump and his Republicans are pushing for;

• In Texas, Republicans recently went all the way to the U.S. Supreme Court to make sure only voters over 65 or those actively infected with COVID can vote by absentee ballot (with a doctor's order). Last Tuesday, the Lone Star state held its primary runoffs, but 68,0000 Texans were diagnosed with the virus after the deadline for registering to vote absentee and before the actual election. How many of them were then forced to endanger everyone else at the polling place or lose their right to vote? One couple's story of the difficult choices they were forced to make after recently contracting the virus after the deadline, and the nightmares they confronted in order to try and safely cast a vote (or not) under the state's absurdly restrictive absentee ballot laws;

• The U.S. Supreme Court blocks a compromise today by a U.S. District Court judge in Florida that would have allowed as many as 1.4 million former felons to register to vote this year, after the state's Republican Governor and legislature passed a law to undermine the state constitutional amendment, adopted statewide in 2018 by an overwhelming 65 to 35 percent of the vote, to allow exactly what the GOP is now blocking. Hundreds of thousands will not be able to vote in the state's August primary, thanks to the stolen Republican majority at SCOTUS. That voter suppression may continue in the Sunshine State even through November's critical Presidential Election unless the new Republican majority on the 11th U.S. Circuit Court of Appeals works very quickly. But why would they? Expect much more of this between now and November. And it's a good time to familiarize yourself with the absurd, so-called "Purcell Principle", if you haven't already;

• A three judge panel on a state court in Michigan, by a vote of 2 to 1 this week, has ruled that absentee ballots which arrive after the close of polls may not be counted. That, after voters expanded absentee voting via a statewide Constructional ballot measure in 2018 that allowed for voters to vote by mail during the 40 days prior to an election. If not overturned by the state Supreme Court, the ruling --- which seems wildly wrong on the law --- could result in tens of thousands of votes, cast and postmarked by Election Day, not being counted in November, in a state which Trump is said to have won by just over 10,000 votes in 2016. (That's especially troubling given this week's directive from Donald Trump's new Postmaster General to all USPS postal workers to slow mail delivery down, please!);

• And then, quickly back to Texas, where absentee voters, prior to Tuesday's Primary Runoff Election Day, were mysteriously receiving their voted and mailed ballots back in the mail, for reasons still unknown;

• Finally, Desi Doyen joins us for our latest Green News Report, as Joe Biden announces a major progressive proposal to fight climate change and create millions of jobs, while Donald Trump rolls back yet another landmark environmental law.

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On today's BradCast: It's the conversation that everyone in America who gives a damn about democracy needs to be having. And, not in the days just before this November's election --- when it will be too late to do anything about it --- but RIGHT NOW. [Audio link to full show is posted below.]

In Florida, the top Democrat in the state's House of Representative is sounding an "urgent" alarm. He says that absentee ballots in the perpetual swing-state could be gamed by the Trump Administration using the U.S. Postal Service to slow the return of ballots. In the Sunshine State, any ballots that don't arrive at County Headquarters by 7pm on Election Day may not be included in the results. Minority Leader Kionne McGhee is calling for barcodes to be added to absentee ballots so that voters can track whether they have been received by election officials, so that they may otherwise vote in person on Election Day if necessary.

While calling on the state's Republican Governor to take action that would also help Republicans (who voted at a higher rate by mail than Democrats in 2018), a Trump Campaign spokesperson dismissed McGhee's concerns as "an absolutely bogus conspiracy theory by Democrats." (And you know how Trump hates conspiracy theories.) Of course, Republican willingness to commit fraud, especially in Florida elections, is anything but a "conspiracy theory". In fact, Donald Trump himself, just this year, has already committed absentee ballot voter fraud in the state. So, apparently, has his Press Secretary Kayleigh MacEneny. Former GOP superstar Ann Coulter definitely did so. And so, it seems, did Derek Chauvin, the former Minneapolis cop charged with the murder of George Floyd. Chauvin, a property owner in Florida, where he is also a member of the state Republican Party, reportedly voted in the state's elections in 2016 and 2018, despite working and living in Minnesota, in what a Florida attorney and candidate for Pinellas County Supervisor of Elections this year describes as a third-degree felony.

Democrats, meanwhile, have been jailed for much less than what both Trump and Chauvin are accused of having done in Florida.

Presumptive Democratic Presidential nominee Joe Biden is similarly worried about what the current President and his party may do to undermine the 2020 contest, telling The Daily Show's Trevor Noah this week that his "single greatest concern" is that "this President is going to try to steal this election."

Stolen or not, despite Trump's plummeting favorability ratings, this year's critical general elections will be anything but a cakewalk for Democrats amid the added challenge of coronavirus. Tuesday's disastrous primary election in Georgia was just one example of how Republicans are able to disenfranchise tens, if not hundreds of thousands of votes through the use of overly complicated, faulty and unverifiable touchscreen voting machines and electronic pollbooks in combination with poll closures and mail-in ballots that never reach voters at all or fail to arrive back at county headquarters in time to be legally tallied.

Moreover, as a new study [PDF] out this week from the Center for Election Innovation and Research finds, new voter registration rates in 13 different states they examined --- many of them key battlegrounds --- have fallen dramatically since the virus emerged in March and April. After all of those states saw increases in registrations in January, as compared to the same month in 2016, the numbers fell over a cliff compared to the same months four years ago. With DMVs closed in many states, automatic voter registrations have also not occurred since the virus emerged, and many states still fail to offer online voter registration. At the same time, voter registrations by third-party groups have similarly all but vanished as organizations have been unable to carry out their planned spring outreach campaigns.

Longtime voting rights journalist and author ARI BERMAN of Mother Jones joins us on today's program to discuss all of this and much more. His latest article for the magazine, headlined "How the Coronavirus Handed the GOP New Ways to Squash the Vote," details some of the extraordinary measures that Republicans around the country, in state after state, are attempting in hopes of suppressing the vote in 2020. That, combined with the challenges of a global pandemic, could result in big trouble for voters of all stripes this year.

Citing the recent primary election disasters in Georgia, Washington D.C., Wisconsin and Nevada (where, he says, polling place consolidation resulted in the last vote being cast during last Tuesday's primary after 3am on Wednesday!), he warns: "If we don't figure out how to do Vote-by-Mail efficiently, and also how to vote in person efficiently, and also how to do this in a pandemic, we're looking at a possible and likely disaster in November."

We discuss the "ridiculous law" in Texas that disallows voters under 65 years of age from citing fear of coronavirus as a lawful excuse for requesting an absentee ballot; the effort by Republicans in the Iowa legislature this week to prevent their own Republican Sec. of State from sending absentee ballot applications to all of the state's registered voters this November (in hopes of avoiding the very well run primary last week in which he did exactly that); and other ways in which the 2020 elections --- our last firewall against full-on authoritarianism --- could become the nation's latest nightmare. Berman tells me "litigation alone" by Democrats is "not going to be sufficient" to solve this perfect storm of problems.

"These conversations have to happen now," he cautions. "States are running out of time. They're running out of money. Coronavirus is increasing in a lot of places. So I'm really, really concerned," he says. Join the club, Ari. On the upside, Berman also discusses how you can help RIGHT NOW to overcome many of these shameful challenges.

Finally, after all of those pleasant thoughts, we end today with a much-needed song by satirist Roy Zimmerman about a "liar" who needs to be voted away. Of course, whether that is even possible remains to be seen. But the song should keep your humming for a while...

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