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Latest Featured Reports | Friday, August 14, 2020
Trump Admits to Crippling USPS In Hopes of Stealing the Election: 'BradCast' 8/13/20
President of the United States holds trillions of dollars in emergency relief hostage to prevent Dems from safely casting ballots in November...
'Green News Report' 8/13/20
  w/ Brad & Desi
Biden taps enviro justice champ Harris for VP; Trump EPA rolls back methane rules for industry; Good news for nation's birds; PLUS: Another new fossil fuel spill, this time in PA...
Previous GNRs: 8/11/20 - 8/6/20 - Archives...
GOP Secretaries of State Crank Up Mail-in Vote Suppression in GA, KY, OH: 'BradCast' 8/12/20
Guest: Howie Klein on primaries in MN, GA, elsewhere; Also: Kamala debuts with Biden...
BIDEN PICKS HARRIS; Also: 'Lost' GA Vote Mystery Solved: 'BradCast' 8/11/20
Guests: Heather Digby Parton on Kamala; Jeanne Dufort on GA's scanner fail that missed 1000s of valid votes & how to fix it before Nov...
'Green News Report' 8/11/20
  w/ Brad & Desi
More deadly fossil fuel disasters in Baltimore, off island of Mauritius; Get ready for hyperactive hurricane season; Record July 2020 heat; PLUS: Canada's last intact ice shelf collapses...
Previous GNRs: 8/6/20 - 8/3/20 - Archives...
Failed PR Primary; 100k Infected Kids in 2 Weeks; Trump's Pretend 'Exec Orders': 'BradCast' 8/10/20
Also: 'Back to school' with listener calls, as it all goes from bad to worse...
Overcoming Trump's Vote-By-Mail Obstacles
How states, counties and YOU must help defend our 'last firewall'...
Sunday 'Is What' Toons
This week's toon collection from PDiddie is what it is...
'Mail is Being Slowed Down... Everywhere' Warns Postal Union Prez: 'BradCast' 8/7/20
Guest: APWU's Mark Dimondstein; Also: Progressive activist 'wins' TN's Dem U.S. Senate nom after being outspent 250 to 1...
National Ripoff Association: NY A.G. Sues NRA for Fraud, to Dissolve Org: 'BradCast' 8/6/20
Also: Trump in NY legal trouble too; Economy over a cliff as White House, Repubs dither...
'Green News Report' 8/6/20
  w/ Brad & Desi
Trump signs major land bill; Fertilizer caused Beirut explosion; Electricity shutoff ban ending; Shell's offshore hybrid wind farm; PLUS: Northeast climate pact causes healthier kids...
Previous GNRs: 8/3/20 - 7/30/20 - Archives...
Progressive Victories (and Losses) in MO, MI, AZ, WA, KS Primaries: 'BradCast' 8/5/20
Guest: Howie Klein; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in running in AZ; GOP Guv restores IA voting rights to former felons...
Death and Destruction; Hope and Change: 'BradCast' 8/4/20
Isaias lands; Trump goes to 11; McSally and Graham in trouble; MUCH MORE...
'Green News Report' 8/4/20
Isaias hits NC amid a pandemic, makes history; Rising seas pushing storms further inland, study warns; PLUS: 15 states clear the air, move to all-electric trucks and buses...
'Election Cyber Surge' Launches Not a Moment Too Soon: 'BradCast' 8/3/20
Guest: Maya Worman of U. of Chicago Harris Cyber Policy Initiative says help is on the way!; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
Sunday 'Delaying the Inevitable' Toons
Distract yourself with PDiddie's latest collection of the week's best political toons...
FEC Complaint: Trump Camp Running $170M 'Laundering' Scheme: 'BradCast' 7/31/20
Guest: CLC's Brendan Fischer on yet another extraordinary Trump grift; Also: Stop cowering at his wannabe dictator tweets!...
Monopoly Money: 'BradCast' 7/30/20
Guest: David Dayen on the 'incredible' anti-trust hearing in the House and his new book 'Monopolized'; Also: Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
'Green News Report' 7/30/20
Trump in TX to expand fossil fuel exports, lie about Biden; Very good news for clean, renewable energy in U.S.; PLUS: Ag officials alarmed by 'mystery seeds' in the mail...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guests: Filmmakers Simon Ardizonne and Russell Michaels...
By Brad Friedman on 4/3/2020 6:50pm PT  

Today, we devote the bulk of The BradCast to HBO's new documentary film, released just last week and considered important enough that the premium cable channel is now making it available, for free, through May 25th on their YouTube channel right here. (You can also watch a number of clips, teasers and extras from the film here.) [Audio link to today's full program is posted below.]

The new film is called Kill Chain: The Cyber War on America's Elections and it comes from the team who created the landmark, Emmy-nominated 2006 HBO doc Hacking Democracy.

The climax of that earlier film (you can watch just that key scene right here) featured the first known on camera hack of a Diebold optical-scan vote tabulation system, which changed the results of a mock election in which one question was asked on the ballot: "Can Diebold's optical-scan vote tabulators be hacked?" The votes, as we see them cast in the film on hand-marked paper ballots by Election Integrity advocates including Bev Harris of Black Box Voting in the office of then Leon County, Florida Supervisor of Elections Ion Sancho, are clearly 6 'NO' and 2 'YES'. But when the paper ballots are run through the tabulator, the results reported back by the computer are 1 'NO' and 7 'YES'. The tabulator had been hacked and only a hand-count of the hand-marked paper ballots would ever have revealed that it was, had it happened in an actual election. (Needless to say, almost no paper ballots are hand-counted by humans after elections in the U.S., including the 2016 Presidential election, to assure the computers are reported accurate results.)

The manipulation of the system at the time was carried out by legendary Finish cybersecurity and voting system expert Harri Hursti, who is the central character in this new follow-up film. It follows Hursti as he uncovers new and persistent revelations proving that U.S. elections remain far more vulnerable than many realize, and arguably no safer or more secure from manipulation --- by foreign or domestic actors --- than they were during the making of the 2006 film or even since the 2016 Presidential election. (Yes, the same optical-scanners hacked in the 2006 film are still in use in states around the country in 2020!) All of that, despite assurances from the U.S. Intelligence Community and bipartisan U.S. Senate Intelligence Committee that Russia attempted to access elections systems in all 50 states in 2016 --- when Donald Trump is said to have won by a razor thin margin in three states that hadn't voted for a Republican candidate in decades. Those same institutions continue to warn us that Russia plans to do the same in 2020, though as the film shows, it does not take a nation-state in order to do so.

We're joined for today's special edition of The BradCast by SIMON ARDIZZONE and RUSSELL MICHAELS, the British directors of both 2006's Hacking Democracy as well as, with Sarah Teale, the follow-up Kill Chain out this week from HBO. We share a number of clips from the new film, which features at its climax a chilling interview with a foreign hacker, shot in silhouette, who explains that, before the 2016 election, he was able to take complete control of Alaska's entire election system --- from its online voter registration database to its vote tabulation system. The hacker, who goes by the name 'CyberZeist', claims he was able to gain access to every user name and password on the system and obtain root access to change anything he might have wanted to. "I could have made any changes in the system, like deleting the candidates. I could kick anyone out. I could alter any date, any vote." he claims. "It was such a rush that, at that particular moment, I felt like I was the God."

Ardizzone and Michaels offer insight on CyberZeist and why they believe his allegations to be very credible. But there are many other disturbing allegations and evidence to support them presented before that point in the movie, including Ion Sancho's reflections and continuing concerns 16 years after the first film, as he reports on the mandatory secret meeting that all Florida election supervisors were summoned to after the 2016 election, regarding a hack of VR Systems, the contractor which runs the voter registration system in the Sunshine State and others as well. That is the company --- and the spearfishing operation --- described in documents leaked to media in 2017 by DHS whistleblower Reality Winner, who is still serving 5 years in federal prison for having done so.

We also witness disturbing evidence of chicanery in the 2018 Gubernatorial election in Georgia, which was overseen by its eventual "winner" Brian Kemp. He served as Secretary of State at the time, responsible for programming the state's unverifiable touchscreen voting systems and creating the electronic access cards needed to vote on it. The filmmakers were there and had their cameras rolling on Election Day in 2018 when those voter access cards failed, leading to hours-long lines to vote in one of the state's most Democratic-leaning counties. Kemp would eventually be named the winner of the election by little more than 1% over popular Democratic candidate Stacey Abrams.

Longtime BRAD BLOG readers and BradCast listeners are likely to recognize a number of the featured players in the film, as many of them have been repeated guests on the program over the years. Ardizonne and Michaels share a number of insights on the making of the film today, such as why it took 14 years to follow-up the previous one and the mysteriously huge interest in the original online just before the 2016 election; they offer additional details on several disturbing discoveries made by hackers at DefCon's Voting Village in Las Vegas; they discuss how the private voting system vendors responded to invitations from the filmmakers to tell their sides of the story in the movie; what the reaction has been from law enforcement officials to CyberZeist's revelations since the film's premier last week; whether they believe the 2016 election results were legitimate; whether a move to Vote-by-Mail during the coronavirus crisis will help avoid any of these problems in 2020; and why the film is titled Kill Chain.

"We, actually, in a way, didn't want to make [Kill Chain," Ardizzone tells me. "The reason we made it was because we noticed a really sudden uptick in the number of people who were watching Hacking Democracy online. And a lot of our contacts started to get back in touch with us, saying, 'You know, even though you made that film, the problems are still there, and they're kind of worse now.' And this was before the elections in November 2016."

"I believe, to this day, no individual voting machines [from 2016] have been subpoenaed, sequestered and cyber-investigated by the Department of Homeland Security," Michaels says. "The scientists are screaming out, saying this is completely insecure, you must stop doing it. As far as I'm aware, no one is going to stop doing it in 2020. It's still going full steam ahead."

Of course, there is much much more. I believe you'll want to tune in for this conversation today.

Finally, we close today with a bit of listener mail regarding the ongoing and upcoming election disaster now underway in Wisconsin which is still set to hold its Presidential Primary this Tuesday. That, despite the global coronavirus pandemic, a statewide stay-at-home order issued by the Governor, a lack of poll workers willing to risk death by working the polls, and a flood of absentee ballot requests and incoming mail ballots that officials are finding impossible to keep up with given their current lack of resources.

If any bad guys out there were hoping to cause havoc and chaos in the American electoral system, well mission accomplished! Hopefully it won't result in too many people actually dying in Wisconsin, where the state's Republican-controlled legislature has repeatedly refused the Democratic Governor's pleas to postpone the election or change it to an all Vote-by-Mail election...

Download MP3 or listen to complete show online below...

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Guest: Plaintiff Marilyn Marks on that and new evidence of 2016 GA hack; Also: Coronavirus fears, failures and recommendations...
By Brad Friedman on 2/27/2020 6:54pm PT  

On today's BradCast: If you think the coronavirus is worrisome now, just wait until voters in jurisdictions where they are forced to vote on unverifiable --- and germy --- TOUCHSCREEN computers start putting two and two together before Election Day. Not that the election officials who insisted on such an idiotic idea ever gave much of a damn about their voters, as our guest today makes abundantly clear. [Audio link to show is posted below.]

First today, however, another sign that Republicans should almost certainly be in very big trouble this November. But, of course, that requires voters be able to vote in a way that the public can know their votes were tabulated as per voter intent (not possible on a touchscreen voting system of ANY type.) The trouble for the GOP could get even worse, however, depending on the Administration's handling of the expanding coronavirus crisis. That response does not seem to be going well, so far. The Dow plummeted another 1,200 points on Thursday, due to investor fears of a global pandemic, resulting in the sixth straight day of losses and the worst week for the markets since October, 2008 --- the height of that year's global financial crisis.

But Donald Trump is finally on the job! He surprised the man who had been in charge of the government's response to the epidemic, Health and Human Services Secretary Alex Azar, by announcing that Vice President Mike Pence would now be the Administration's point man on the matter. Azar was informed at the same time as the rest of us, when Trump announced the news at a press conference on Wednesday evening as Azar was standing next to him.

As to Pence having "a certain talent for this", as Trump announced at the presser, Pence's record as Indiana Governor in 2015, when he presided over the worst HIV outbreak in state history, strongly suggests otherwise. Still, as Desi Doyen joins us to point out today, none of this is reason to panic. It is reason, however, to take a few simple measures to keep you and your family safe, and Desi offers some helpful tips toward that goal.

All of this is also just one more reminder as to why this dangerous menace of an Administration must be replaced as soon as legally possible. To that end, there are reasons to be concerned about the integrity of several upcoming primary elections, not to mention this November's critical general election. Saturday's crucial South Carolina primary will require all state voters to use brand-new, 100% unverifiable touchscreens made by a company with a long history of election failures. The March 3rd Super Tuesday primary, just three days later, will see voters in California, Texas, and North Carolina, among other states, forced to use new, similarly unverifiable touchscreen voting systems for the first time.

Meanwhile, in the battleground state of Georgia, where a federal judge last year ordered the state's nearly twenty-year old, failed, unsecure Diebold touchscreen systems to be scrapped and replaced, the Republican Sec. of State has now mandated that every county use all-new, unverifiable touchscreens made by the Canadian firm, Dominion Voting, for the upcoming March 24 primaries in the Peach State. That, instead of a simpler, safer, cheaper, verifiable hand-marked paper ballot systems.

We're joined today for a long-overdue visit from MARILYN MARKS, Executive Director of the invaluable Coalition for Good Governance, the lead plaintiff in the federal case that resulted in the decertification of GA's old touchscreen systems. And we've got a LOT of NEWS to catch up on with her today! Her group is also suing in federal court to block the new systems as well and filed this week, in state court, to block their use in a runoff election on March 3rd, given that the huge, brightly-lit touchscreens, as Marks explains, violate voter privacy by allowing others, from all the way across the precinct, to see the "secret ballot" of every voter!

She says "the outrageous way people are being required to vote in Georgia" is "disgusting" and "insidious". The new lawsuit [PDF] notes the new touchscreens (pictured above) are 22 inches high and 14 inches across. "It's very, very brightly lit with incredibly huge fonts. You can see across the room --- from thirty feet away --- you can see what candidate someone is voting for. So there is absolutely no ballot secrecy at all. Anybody in the room, you can see their ballot choices. The press can see it, the public can see it, the pollworkers can see it, their neighbors can see it, their minister, their doctor, their landlord, their boss. Everybody is voting essentially in public!," Marks says.

Marks watched "hundreds of people vote on this" while poll watching at last November's trial first run of the systems during a small municipal election and says, "we just turned our eyes when they get to the place that they're pressing the choice for their candidate, because we can see it from thirty, forty feet away. Everybody talks about it!" The mind-boggling design flaw, she explains, violates state law, and she details what the state court is expected to do about it.

But that's not all we catch up on today regarding the fight to vote verifiably (and secretly) in the state. Marks reports on the current state investigation underway by the GA Sec. of State into both her and Georgia Tech computer professor and voting systems expert Rich DeMillo (also a recurring BradCast guest) for, essentially, having the temerity to investigate concerns about the voting systems in Georgia. Marks explains the ongoing probe and what Sec. of State Brad Raffensperger's office is accusing her and DeMillo of doing. She calls it "completely absurd", adding "of course it is all retaliation. ... It is nothing but an attempt to try to marginalize the efforts of experts and successful activists. And to discourage others."

But, while all of that may be mind-blowing, it may be nothing compared to the new revelations recently uncovered by the expert hired by the Coalition to carry out a forensic investigation of GA's central computer server for its old system. As listeners may recall, data researcher Logan Lamb discovered before the 2016 Presidential election that GA's main election server for the entire state --- including the state's voter registration database, programming for all ballots statewide, and administrative passwords to its voting system --- were discovered to have been sitting on a web server for download by anyone, no password necessary, for at least six months (and probably much longer) before the 2016 Presidential election in which it was thought possible that Georgia might finally flip to "blue".

That researcher, Logan Lamb, alerted authorities about the data's vulnerability. As thanks, he was reported to the FBI by then Republican Sec. of State, now Governor Brian Kemp, as a potential hacker. He wasn't. But he has now been hired by the Coalition as an expert to examine the now-retired server in question. And, last month, according to AP, he made a startling discovery while examining a mirror image of the 2016 server, which was finally turned over by the state in December of 2019. Lamb found evidence that the server may have been hacked by someone who took advantage of a bug that provided full control of the server. Moreover, he found that all of the system's log files --- which would detail all actions taken on the server --- had been wiped out up until November 10, 2016, two days after that year's Presidential election...for some reason. Now why would that be?

We discuss all of that and MUCH more in another jaw-dropping, must-listen segment today with Marks, including our shared embarrassment that in both of our own home counties (she's in Mecklenburg County, NC, the state's most populous and diverse, and I'm in L.A. County, the largest in CA and even the country) elections officials have instituted new, unverifiable touchscreens for the 2020 elections, set for first time use in both counties next week on Super Tuesday!

Finally, Desi Doyen joins us again for our latest Green News Report after CBS ignored climate change in Tuesday night's Democratic Presidential Debate in South Carolina; a major bank determines that climate change threatens human survival; and another huge oil refinery blows up, this time in Southern California...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Dr. William 'DocDawg' Busa on a mysterious rightwing PAC spending millions to support a progressive in NC and GOP's pretend love for Sanders; Also: Bernie surges nationally, Trump lies in NH...
By Brad Friedman on 2/11/2020 6:00pm PT  

As usual, we cover far too much on today's BradCast, as New Hampshire voters head to the polls for their first-in-the-nation primary today. Full reported results from NH tomorrow, of course. [Audio link for today's show is posted below.]

Among those too many things covered today...

  • We start with some common sense news out of Nevada, where state Democrats, after the Iowa Caucus disaster, have decided to use hand-marked paper ballots for early voting in the state's upcoming February 22nd caucuses. However, they will still be relying on a vulnerable, online iPad tool to record sign-ins (albeit with paper backup, so there's that);
  • On Monday night, the eve of the New Hampshire primary, Donald Trump rallied in the Granite State by lying to supporters about voter fraud there, and by taking a small page from the disgraced Chris Christie's New Jersey "BridgeGate" scandal. Trump's Secret Service detail, according to campaign officials, made it difficult for Democratic candidates and their supporters to get around the state's largest city. Given that Republican Senators recently gave a thumbs up for Trump to cheat in the 2020 election with their "not guilty" votes at the end of last week's Impeachment Trial, nobody should be surprised he is now doing so;
  • But there was some very good news for Bernie Sanders from a national Quinnipiac poll on Monday night, revealing the Vermont Senator vaulting into first place ahead of Joe Biden for the first time. We also review a number of other interesting findings for the survey suggesting good news for Sanders, along with a warning that those are national numbers, in a nation that runs state-by-state elections instead. Just ask Hillary Clinton;
  • As he gains momentum, Sanders is also being forced to defend his identity as a "democratic socialist" and his support for programs such as Medicare for All and the Green New Deal. Republicans (and even some Democrats) are hoping to disparage Sanders with those charges, from which he does not shy away;
  • At the same time, Trump and friends and family are attempting to sow discord among Democrats by claiming that the DNC is rigging the election against Sanders, hoping they'll convince Sanders' supporters to sit out 2020 if he is not the nominee;
  • At the same time, Republicans in South Carolina are reportedly urging their own supporters to vote for Sanders in the state's upcoming February 29 primary, since the state GOP cancelled their own primary there as a gift to Donald Trump. The theory, also floated publicly by Trump himself, is that they'd love to run against Sanders this November because, they'd like you to believe he will be easy to beat;
  • And, just to the north, a mysterious group calling themselves the "Faith and Power PAC" is playing a similar game, by spending nearly $2.5 million to support a progressive state Senator for the Democratic U.S. Senate nomination in North Carolina's March 3rd Super Tuesday primary. The new group appears to be tied to Republicans and the candidate they are running ads for, state Senator Erica D. Smith [pictured above right], is currently running behind the centrist D.C. Dem-supported Cal Cunningham in the contest to win the Dem Senate nomination to run against vulnerable Republican incumbent Sen. Thom Tillis this fall. The TV spot purporting to be on behalf of Smith, highlights her support for Medicare for All, the Green New Deal, and other progressive policies making her "one of us", as the ad claims. (We interviewed Smith on The BradCast late last year, as she was demanding hand-marked paper ballots for North Carolina);
  • We're joined today by North Carolina's DR. WILLIAM BUSA of the progressive political data consulting firm EQV Analytics to discuss all of the dirty tricks in the Carolinas. Busa, who previously worked for state Senator Smith and writes as "DocDawg" at DailyKos, suggests this mysterious group of Republicans may have made a miscalculation in their attempt to monkey-wrench the Democratic Senate primary race in his state. He also explains how they may have committed fraud in their FEC filing. He shares his insight on the curious NC ad buy and the question of whether Republicans are really interested in running against progressives like Sanders and Smith because they believe they will be easy to beat this November, or because they want Democratic voters to BELIEVE progressives will be easy to beat. "Is this eleventy-dimensional chess or is this Tic-Tac-Toe that they're playing?," Busa asks. "I'm not entirely sure which it is, but I don't think it's eleventy-dimensional chess." We've got a lot to unpack in that conversation today!
  • Finally, Desi Doyen joins us for our latest Green News Report, with good news and bad Down Under, unquestionably bad news for bumblebees and Antarctica (and, by extension, for all of us) and the interesting way that Democrats raised the issue of climate change during last Friday's Presidential Debate in New Hampshire...

See? Told you we covered too much! Enjoy!...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Guest: Plaintiff Marilyn Marks says landmark ruling finding Georgia's voting system unconstitutional is a victory for voters across the nation...
By Brad Friedman on 8/15/2019 6:10pm PT  

We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

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On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Gilroy, CA festival shooting tied to white supremacy, Trump's stochastic terrorism...
By Brad Friedman on 7/29/2019 6:07pm PT  

We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

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Guest: Plaintiff Marilyn Marks; Also: Trump trade war sends markets plunging; Trump's Constitutional Crisis with Congress continues; Good news for FL voters; NC-9's do-over primary election...
By Brad Friedman on 5/13/2019 6:48pm PT  

On today's BradCast, Trump-induced chaos continues to worsen, from China to the U.S. Congress, and the fights over 2018 and 2019 elections continue in Georgia and North Carolina, while a court ruling in Florida will make things a bit easier for voters in 2020. [Audio link to show follows below.]

First up today, Donald Trump sends world markets --- including the Dow, which dropped more than 600 points on Monday --- plummeting, after China announces plans to respond to Trump's newest 25% tariff on $200 billion in Chinese goods on Friday. Today China announced they plan to institute retaliatory tariffs on some $60 billion in U.S. exports and may cut off sales from certain companies entirely. So, Americans are left paying exorbitant new import taxes (tariffs on Chinese goods imported to the U.S. are taxes paid by U.S. companies and consumers, they are NOT paid by China, as Trump keeps falsely asserting), and now financial markets are taking an additional hit. Experts worry the dispute could soon nudge the economy into recession if a trade deal is not brokered. Trump has since threatened to add new taxes on all goods made in China if they refuse to kowtow to his demands.

At the same time as Trump is playing out his ill-considered foreign trade war, he is also expanding his domestic war against Constitutionally-mandated oversight by the Legislative Branch. A weekend analysis by the Washington Post finds Trump and his allies are now blocking more than 20 separate Congressional investigations "into his actions as president, his personal finances and his administration's policies" in what experts --- and even former Republican Congress members and legal staffers --- cite as a deepening crisis of unprecedented proportions between the two co-equal branches.

From Florida, however, we have a bit of good news from a federal court, where a judge has ruled that the state must follow the Voting Rights Act by supplying election materials and assistance for Spanish-speaking voters in advance of the 2020 primaries. The ruling is key for the tens of thousands of new Spanish-speaking Florida voters who moved to the Sunshine State from Puerto Rico following the devastation of 2017's Hurricane Maria.

In North Carolina on Tuesday, Republicans voters in the state's 9th Congressional District will select their nominee to run against Democrat Dan McCready in a do-over general election scheduled for this fall, after the state refused to certify a winner from last November's contest following the revelation that the Republican candidate (and Baptist minister), Mark Harris, was found to have hired a GOP contractor who carried out a massive absentee ballot fraud scheme on his behalf. In February, after some remarkable testimony, the state scheduled a new election. Tuesday's GOP primary in NC promises to be a bit of a circus with 10 --- um, colorful --- Republicans running for the nod. If none of receive more than 30% of the vote, there will be a runoff in September, with the general election then pushed back to November. The U.S. House seat in NC-9 will remain vacant until then, as 2018's last undecided election is finally completed near the end of 2019.

In Georgia, meanwhile, results from a 2018 race are still being challenged in court, after more than 125,000 votes cast in last November's race for Lt. Governor appeared inexplicably "missing". The unusually large undervote rate in that contest does not appear in any others races, including statewide elections much farther down the ballot (eg. Sec. of State, Insurance Commissioner, etc.)

Moreover, the missing votes only appear to have occurred on ballots cast at the polling place, where voters are forcced to use GA's 100% unverifiable touchscreen voting systems. Hand-marked absentee paper ballots revealed no similar drop-off in voting rates for Lt. Governor and, according to our guest today, plaintiff MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, the unusually large residual vote rate was also inexplicably highest in predominately African-American precincts.

"It wasn't just our speculation that something went wrong with the machines," Marks tells me. "We had the premiere election statisticians in the United States look at this, and they basically said it would be a one-in-ten thousand chance that something wasn't happening in the machines that would have caused this kind of result."

Last January, as the Coalition sought a forensic analysis of the state's voting systems and other materials needed to carry out their lawsuit seeking to overturn the results of the Lt. Governor election, they were blocked by the state. Leading that fight was Republican Gov. Brian Kemp who is said to have narrowly defeated Democratic candidate Stacey Abrams last year on the same day, in a race where then-Sec. of State Kemp oversaw his own election and was found by several court challenges to have been suppressing the vote in predominately African-American areas. Last week, the Georgia Supreme Court heard the plaintiffs' appeal in the case, after a lower state court judge dismissed it --- without even allowing discovery --- earlier this year. Marks and the other plaintiffs seek to have the lower court's ruling by Senior Superior Court Judge Adele Grubbs reversed, so they may proceed with discovery, including forensic analysis by cybersecurity and voting systems experts, and a full trial.

"The dynamics of [the lower court] trial were extremely strange," she explains. "We told the Supreme Court several times that during the trial, when we were begging for discovery, begging for a jury trial, begging for a continuance because they had been blocking everything we were doing, the judge said, 'Look, I'm getting pressure to get this resolved. So, no --- you cannot have the documents, you can't have a continuance, and you can't have a jury trial.'

"Getting pressure"? From whom? "We don't know. She didn't disclose that," Marks says, "but that alone is reason to reverse her."

Marks joins us to detail how things went at the high court last week, and for an update on Kemp's new effort to move the voting systems in Georgia from its current 100% unverifiable Diebold touchscreen system, installed in 2002, to an all-new 100% unverifiable touchscreen system that prints equally unverifiable computer-marked paper ballot summary cards. On that front, Marks has been loudly opposing the move --- advocating instead ofr hand-marked paper ballots --- and offers some interesting news as well...

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Guest: Election integrity expert Marilyn Marks; Also: Trump's sad El Paso rally and new 'wall' deal that's worse for him than last year's...
By Brad Friedman on 2/12/2019 7:00pm PT  

On today's BradCast, we revisit the mysterious case of tens of thousands of 'missing' votes from Georgia's 2018 midterm election, now that the case has become even more mysterious and disturbing, with investigators finding that African-American neighborhoods may have been specifically 'targeted' in some fashion. [Audio link to show posted at end of article.]

But, first today: Donald Trump and Beto O'Rourke held dueling rallies near each other and near the border in El Paso, TX on Monday night, after the President had been offering a series of lies about the effectiveness of an existing border wall in the city. During the Monday rally, Trump also lied about his rally's crowd size and that of O'Rourke's, which appears to have been larger than Trump's.

More tellingly, however, the President also failed to let his supporters know about a deal struck before the rallies by Republican and Democratic negotiators in Congress to avoid another government shutdown this Friday at midnight. The agreement, reportedly, includes less money and less fencing than Trump could have had if he'd agreed to the deal he backed out before Christmas last year, losing leverage with his subsequent record-long 35-day government shutdown and the Democratic takeover of the U.S. House. That's "The Art of the Deal"? We detail the tentative agreement and whether Trump will be harangued again by rightwingers into not signing it and shutting down the federal government yet again at week's end.

Then, we're joined once again by longtime election integrity bulldog MARILYN MARKS of the Coalition for Good Governance with a disturbing update to the group's election contest filed in state court last year to challenge the inexplicable reported results from Georgia's 2018 Lt. Governor's election. Marks had joined us previously to detail some 127,000 ballots cast last November found to have "missing" votes in only that race and only on ballots cast via the state's 17-year old, easily-manipulated, 100% unverifiable touchscreen voting systems. Democrat Sarah Riggs Amico is reported by those systems to have lost the race to Republican Geoff Duncan by 123,172 votes out of almost 4 million counted, according to the final certified results.

The 4% undervote in the contest seems impossibly huge, given that other statewide contests even further down the ballot (e.g. for Sec. of State or Agriculture Commissioner) saw a far smaller rate of ballots with no vote recorded --- an average of about 1% or less in those other races. Moreover, votes cast in the same race for Lt. Governor on verifiable hand-marked paper ballots revealed an expected, similarly small undervote rate. So, this appears to clearly be machine related somehow.

But, while the group's initial analysis revealed a disproportionate number of undervotes in Democratic-leaning areas, a newer analysis [PDF] by a number of top-flight election data analysts --- as detailed exclusively over the weekend by Michael Harriot at The Root and today (sadly, behind a paywall) by Kim Zetter at PoliticoPro --- finds that African-American neighborhoods and precincts, specifically, had an even higher disproportionate rate of missing votes in the Lt. Governor's race. Experts are having trouble coming up with non-nefarious reasons for the numbers and, as Marks tells me, state and local officials appear curiously uninterested in what is clearly a massive disenfranchisement of their own voters.

"We have had all sorts of statisticians all over the nation, from academics to those who work for political data houses, and everybody's coming up with exactly the same answer --- that African-American neighborhoods were the ones highly impacted by this," Marks tells me. "There's something wrong across the state. The state has too many missing votes, no matter what county we look at. However, it is exacerbated greatly in the heavily African-American precincts, no matter where you look."

"I've never worked on a case one-tenth as important as what I believe this is," she says. "While you and I and others, for years, have known about the dangers of electronic voting machines, and we've warned about them, I swear I never thought I would see machines used in a way that had racial disparity as a result."

We discuss the possible reasons --- nefarious and otherwise --- for such an alarmingly disproportionate undervote rates and the Coalition's several ongoing lawsuits in Georgia challenging the Lt. Governor results on the state level and the state's entire unverifiable touchscreen voting system on the federal level. Marks also discusses whether either case will soon allow for an independent forensic investigation of the computer-voting and tabulation systems used in the state in 2018, as the Coalition is demanding via discovery.

It's also worth noting here that Georgia's new Governor, Republican Brian Kemp --- who was reported to have narrowly defeated popular African-American Democrat Stacey Abrams last year --- oversaw all of the 2018 elections (including his own) as Secretary of State while repeatedly being excoriated by federal courts for voter suppression tactics. At the same time, counties in key states such as Ohio, Pennsylvania, Texas, Iowa and even in California, are now preparing to moving to similarly 100% unverifiable touchscreen voting systems in advance of the 2020 Presidential election. The latest news from Georgia's shameful 17-years of disastrous elections is troubling on its own, but this incident serves as yet another object lesson and warning for the entire country, as even many Democrats are now supporting the move to such completely unverifiable voting systems. (See Los Angeles, for example.)

"If there is anything good that can come out of this whole mess that we're in, surely it is that people are going to be able to see we have to stop it with this electronic voting. Here we are, months after the election, we don't know if any of those numbers can be trusted. We can't run elections this way!," Marks argues. "So, hopefully this will have some benefit to the nation in saying, 'Look, you gotta quit using touchscreen machines. End of story.'"

Finally, we're joined today by Desi Doyen with our latest Green News Report, for special coverage of the landmark Green New Deal resolution introduced in Congress last week by Democratic Rep. Alexandria Ocasio-Cortez (NY) and Sen. Ed Markey (MA)...

Download MP3 or listen to complete show online below...

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Guest: Election expert Marilyn Marks on GA 2018 Lt. Gov. election contest as state moves to unverifiable barcoded ballots; Also: FL 2020 GOP power-grab update; IA Repubs vote to NOT count absentee ballots...
By Brad Friedman on 1/29/2019 6:50pm PT  

No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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Guests: BRAD BLOG's Ernest A. Canning and Desi Doyen, with a look back, a look forward, some thanks, and, yes, the news of the day...
By Brad Friedman on 1/24/2019 6:25pm PT  

On today's BradCast, it's the 15th Anniversary of The BRAD BLOG! So --- in addition to the news of the day --- we take a precious few minutes on today's program to reminisce a bit with longtime BradBlog.com legal contributor ERNEST A. CANNING and Green News Report co-host and BradCast producer DESI DOYEN! [Audio link to full show is posted below.]

After a few words on Canning's latest article at the blog on the "Political Revolution" embodied by the new freshman class of progressive U.S. House members and the many challenges they are now facing down in D.C., we discuss some of the lessons learned and important stories covered at our little, independent, reader- and listener-supported website over the past decade and a half.

Many of the stories we broke years ago --- too numerous to link here, on everything from electronic voting concerns and voting rights to climate change and much more --- have since become part of the national consensus as well as many popular calls for reform. That, even as much (but not all) of our independently verifiable, evidence-based news coverage was marginalized or dismissed by many in the corporate media years earlier. We discuss just a few of those stories today --- too numerous to detail here --- as we look both back and forward on this latest milestone. We also offer thanks to the many who have made all of it possible over the years, from our blogging contributors, to radio affiliate partners, to various whistleblowers (publicly known and unknown) over the years.

Of course, none of it could be done without those of you support our work via BradBlog.com/Donate. So, if you haven't hit that page in a while, please consider doing so, as we operate solely on the support of folks like you. Seriously. Please consider a one-time donation or, even better, an automated monthly donation of any amount you can afford. I hate haranguing folks for this, but it really is necessary in order for us to continue our work, which we now share on a daily basis with dozens of radio affiliates around the country and world for free! Your support alone allows that and so much more that we do at The BRAD BLOG, The BradCast and the Green News Report to continue. And if I can't ask on our 15th birthday, when can I? So click here please! And thank you!

And, yes, there was also a bit of news today for a change in Washington D.C., so we also cover that on today's program. Among those stories...

  • Donald Trump's federal government shutdown nears the end of it's fifth record week, as he folded like one of his own cheap and poorly tailored suits on Wednesday night in his standoff with U.S. House Speaker Nancy Pelosi on delivering his State of the Union next week.
  • At the same time, federal aviation unions issued a dire warning about the ongoing effects and potential critical dangers of the shutdown.
  • We share a heartbreaking story about a 10-year old girl who suffered a broken wrist in stoic silence for a week, because she was frightened to tell her father, a Dept. of Homeland Security employee forced to work without pay.
  • Billionaire crypt-keeper and Commerce Dept. Secretary Wilbur Ross took to the airwaves to, essentially, call 800,000 federal workers whiners for needing to use food banks to feed their families, when they could just go out and get a bank loan instead to cover costs until the federal government reopens.
  • In the U.S. Senate, Mitch McConnell finally allowed votes on measures to reopen the government, one from Rs and one from Ds. Both failed to get the 60 votes needed to overcome filibuster, though the D version --- which did not include funding for Trump's border wall --- received more votes than the R version in the GOP-majority Senate.
  • And Trump's former attorney Michael Cohen learned that he may have to appear before both House and Senate Committees next month, despite threats to his family by the President of the United States.
  • Finally. Desi brings us the latest Green News Report, with more bad news about the shutdown and Greenland's melting ice shelf, but some encouraging news on a huge majority of Americans who now appreciate the threat of climate change and on the amazing teen climate activist taking on the corporate powers and millionaire/billionaires at Davos this week...

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Guest: Plaintiff Marilyn Marks; Also: Abrams files federal vote suppression suit in GA; Dem takes unexpected lead in CA U.S. House race...
By Brad Friedman on 11/27/2018 6:26pm PT  

On today's BradCast: Another U.S. House race flips (unexpectedly) from "red" to "blue" as California continues to bother to count ballots, and two lawsuits are filed in Georgia following the November 6th midterm elections, including one that seeks to overturn a major statewide race due to a seemingly inexplicable failure of the state's touchscreen voting machines. [Audio link to full posted at bottom of article.]

First up: Shortly after we got off air on Monday, AP and a host of other news outlets began retracting their previous calls for the incumbent Republican Rep. David Valadao in California's 21st Congressional District election after Democrat T.J. Cox took the lead for the first time since vote-counting began on the night of the November 6th midterms. Cox is now reportedly up by just 436 votes over Valadao with more than 110,000 tallied so far, in a district easily won by the Republican with a wide margin in 2016. If Cox' lead holds, as appears likely, the Democratic midterm "blue wave" is now on track to pick up a full 40 seats in the U.S. House this January.

In the meantime, Stacey Abrams, the Democratic gubernatorial candidate in Georgia gave up her hopes of defeating Republican Secretary of State and champion vote suppressor Brian Kemp over a week ago. But today, her new organization, Fair Fight Georgia, filed a federal lawsuit against the state over suppressive tactics and for paper ballots for all voters in future elections. She was then hectored by CNN's Jake Tapper about whether she believed Kemp's victory as Governor-elect was "legitimate". (It wasn't, as she suggests in her answers.)

While Abrams' complaint does not seek to overturn the Governor's race in Georgia, a separate lawsuit was filed on Friday -- the last day possible for a 2018 election contest in the state --- by the Coalition for Good Governance seeking to toss out the results of the Lieutenant Governor's contest. The central basis for the suit is the virtually inexplicable residual vote count (ballots where no vote was recorded) in the race. The anomaly occurs only in the Lt. Governor race, and only on votes cast via the state's 100% unverifiable touch-screen voting systems. Residual vote counts are as expected from hand-marked paper absentee and provisional ballots in the same race.

We're joined by plaintiff MARILYN MARKS, the Coalition's Executive Director, who explains how the undervote rate for Lieutenant Governor is far higher --- almost twice the rate --- than in contests that were much lower on the ballot, such as for Agriculture or Insurance Commissioner. The residual vote rate was also much higher than it was in the Lt. Governor's race during the 2014 election, when it was roughly along the lines of all the other races on the ballot that year.

"There was no meaningful drop-off at all if we just look at paper ballots. If you look at the mail-in ballots and provisional ballots, there was virtually no drop-off," Marks says. "So what this tells us is that the undervote is related only to the machine. Now please explain that!"

Marks, who says her group has obtained affidavits from voters who charge that a problem with the touchscreens prevented them from voting in the Lt. Governor's race, describes the potential explanations for this anomaly and suggests the suit may lead to an unprecedented forensic examination of Georgia's easily-hacked, oft-failed, unverifiable, Diebold touchscreen voting machines. Moreover, she notes, thanks to an earlier suit filed in federal court before the election, seeking to replace the state's touchscreens with hand-marked paper ballot systems --- the judge found the Diebold touchscreens unverifiable and dangerously insecure, but allowed their use for one more election anyway --- will be very helpful in illuminating the concerns outlined by the new complaint.

"There were innumerable reports of voters who didn't have this race show up on their electronic ballot," she tells me. "Some people in fact did find it on their review screen. For many voters, apparently, that's the first time they saw the Lt. Gov. race. In many cases, apparently, when they got to the review screen, staring at it, trying to get ready to make a correction --- without even touching the screen --- it automatically cast the vote and the message came up 'Thank you for voting, your vote was cast.'"

The state recently certified Republican Geoff Duncan as the winner over Democrat Sarah Riggs Amico by nearly 3.5 points in the race for Lt. Governor. In Georgia, the state's second highest executive official also serves as President of the state Senate, determining which initiatives are to be taken up for debate and possible passage by state lawmakers. Marks, a Republican who runs the non-partisan organization, also details her concerns that evidence of programming failure or manipulation from November 6th may have been destroyed, in apparent violation of Georgia's own election rules, when the machines were recently reprogrammed for the state's December 4th runoff elections for Secretary of State and Public Service Commissioner.

"They are absolutely violating their own law," says Marks. "Not only did we need those machines preserved for our court case --- the [separate] election security case that's in federal court --- but also we certainly need them in this new case that challenges the election results for the Lt. Governor's race. [We] said to the Sec. of State: 'Your rule, your own election code, says they cannot touch these machines, the internal memory, for one month if there is no election contest pending. Now there is an election contest pending. Obviously they are needed as evidence and the Secretary is continuing to take the position that over-writing the data, uploading new ballot programming for the Dec. 4th runoff, and putting these machines in unsecured voting places somehow does not make the internal memory data at risk."

On the topic of the GA SoS runoff next week, Marks also notes that the Democratic candidate John Barrow is strongly in favor of hand-marked paper ballots, where the Republican, Brad Raffensperger, is calling for unverifiable computer-marked/barcoded ballots instead.

All of these matters, including Abrams own lawsuit filed today, offer a chance for us to discuss the necessity of challenging insecure, non-overseeable voting systems before elections rather than after, which Democrats, she charges, failed to do this year in Georgia.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with special coverage of the federal government's landmark National Climate Assessment released by the Trump Administration on Friday after Thanksgiving in hopes that few would notice its devastating warnings about the climate change threat to both the environment and the nation's economy...

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Taking the voters' pulse with open phone lines and more...
By Brad Friedman on 10/29/2018 6:06pm PT  

After another long (though important) fund drive at KPFK, our Pacifica Radio Network flagship station here in Los Angeles, we're finally able to open the phones to hear from listeners on today's BradCast. [Audio link follows below.]

It's been a harrowing and deadly week --- and weekend --- filled with Rightwing hate and hate mongering (coincidentally, one week before Election Day for the most important election most of us have ever lived through). So, today we kick open the phones to callers on all of the above to get a sense of where things stand at this point and to help answer a bunch of questions about the crucial midterms.

Listeners ring in with questions about reported voting problems and voter suppression around the country and failing voting machines. Also, we discuss what voters can do beyond voting to participate in democracy over the next week or so.

And then there's the caller who rang in to explain why he says he has never voted, and doesn't plan to this year either. As you might imagine, both I, and a whole bunch of callers, have a few thoughts for that guy on today's program. Enjoy!...

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Guest: DuPage, IL County Clerk candidate Jean Kaczmarek; Also: In wake of still more mail bombs, Trump, White House return to attacks on media, Rightwing pounces on conspiracies...
By Brad Friedman on 10/25/2018 6:13pm PT  

On today's BradCast: Like clockwork the righwing conspiracy theories regarding pipe bombs begin, as do the voting system failures around the country, less than two weeks before this year's crucial midterm election. [Audio link to show follows below.]

First up today, a few quick updates on the mail bombs sent to several of the many vilified political critics of Donald Trump. In addition to explosive devices sent this week to former President Obama, Hillary Clinton, Eric Holder, John Brennan, Rep. Maxine Waters, George Soros and CNN, additional similar packages were reported today to have been delivered to former Vice President Joe Biden and actor Robert DeNiro. Where Trump and the White House called for unity and an end to divisive rhetoric on Wednesday, for about 5 minutes, both Trump and WH Press Secretary Sarah Huckabee Sanders quickly renewed their vitriolic attacks on the media shortly thereafter and again on Thursday.

Also on Thursday, as investigators reportedly focus on Florida as a possible source for the packages, the rightwing quickly cranked up conspiracy theories about the explosive devices being "fake bombs" meant to discredit the President in advance of the November 6 midterms.

Meanwhile, voting is already underway for those elections, as are the lawsuits aiming to prevent voter suppression and election fraud. A federal judge on Wednesday determined that Georgia may not discard absentee ballots on the basis of "signature mismatch" as determined by partisan officials with no training in hand-writing analysis. The state's legal defense for that statute was rather amazing, as we discuss. Happily, it was thoroughly dismissed by the U.S. District Court judge.

Also, the NAACP has filed official complaints with the state regarding reports of votes flipping in at least four counties on the state's 100% unverifiable touchscreen voting systems. Votes are reportedly hopping repeatedly from Democratic gubernatorial candidate Stacey Abrams to her opponent, Republican Secretary of State Brian Kemp, who oversees and has long defended the states easily-hacked and oft-failed Diebold touchscreen systems. We explain, however, why the reported flips are not likely to be hacks, but why that also doesn't really matter.

Similar, completely predictable voting system and ballot programming failures are beginning to rear their ugly head in other states as well with early, in-person voting now underway in some 30 states. The name of the Democratic candidate for Secretary of State in Arkansas was discovered left off of the touchscreen ballots in one Arkansas county, leading to lost votes and poll closures. And in DuPage County, Illinois, a fiasco erupted this week surrounding the appearance on the ballot (or lack thereof) for a Democratic candidate for the state House of Representatives, resulting in election officials scrambling to distribute paper ballots to early voting locations where, normally, only touchscreen systems are available to voters.

We're joined today by longtime DuPage County election integrity champion and government watchdog JEAN KACZMAREK, who is now the Democratic candidate for County Clerk in DuPage. She joins us to explain what is only the latest mess in a years-long stream of computer voting and tabulation system boondoggles by the Election Commission in the heavily Republican-leaning suburban county west of Chicago, where she has now been endorsed by the local Daily Herald.

Kaczmarek also details the County's astonishing refusal to provide her with serial numbers for the replacement paper-ballot scanners scavenged from unknown sources and recently supplied to the County by its private voting system contractor to replace more than 100 of the machines (originally purchased from Diebold in 2001) after they were damaged by an astounding failure during this year's March primary. The County has told the County Clerk candidate that their refusal to provide her with the serial numbers --- so she may try and determine where the machines were previously used --- is due to a bizarre "security risk" claim.

"I'm concerned mostly because of the lack of a chain of custody. At least the old machines that are in DuPage County have been stored here, and have been maintained here. Yes, I do have issues with those machines, but we do have that," Kaczmarek tells me. "But these other machines, we have no idea where they've been, who has maintained them, how much mileage they have. And I'm concerned there might be problems on these machines, perhaps a virus."

Her concerns are not without warrant, and are similar to such replacement schemes by mystery machines in other states, such as Wisconsin and elsewhere. Earlier this year, for example, at the DefCon hacking conference in Las Vegas, attendees discovered Chinese pop tunes and other software on voting systems recently discarded by elections officials around the country. "Here we are again," she says. "We have no transparency and accountability, and we're told to trust the results."

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a bunch of pretty major environment news regarding a massive hurricane striking U.S. territories in the Pacific, a record year for tropical cyclones, New York state's new lawsuit against ExxonMobil charging the company defrauded investors regarding climate change, and a landmark new carbon tax announced this week by Canadian Prime Minister Justin Trudeau...

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Guest: Jordan Wilkie of WhoWhatWhy; Also: Despite devastation and huge cost of recent hurricanes, Rubio, Trump offer false claims about economy to justify lack of action on climate change...
By Brad Friedman on 10/15/2018 6:33pm PT  

On today's BradCast: We're back in L.A. after several weeks on the road (thanks to Angie Coiro for sitting in to allow us some travel time!) and with just over three weeks left until this year's crucial mid-term elections. Unfortunately, we return with still more troubling news for voters --- yet again --- in the state of Georgia. [Audio link to show follows below.]

But, first up: After a another reminder of upcoming voter registration deadlines across the county, we have a quick update on the catastrophic and costly disaster left behind in Florida, Georgia and several other states by Hurricane Michael, which slammed the Florida Panhandle with record winds just days after Hurricane Florence dumped record rainfall onto several of the same states. Both deadly storms are precisely in line with years of scientific warnings about the catastrophic effect of man-made climate change and will now require tens of billions to be spent on recovery.

Nonetheless, over the weekend both Florida's Republican Senator Marco Rubio and President Donald Trump took to the airwaves to begrudgingly acknowledge the reality of global warming, even while offering evidence-free claims regarding its cause and utterly false claims about how taking action to stop the deadly emission of greenhouse gas emission would somehow "destroy the economy". We fact-check a number of those lies from both of the GOP climate change denialists.

Next, speaking of disasters in Florida and Georgia, an academic report last month by the University of Florida revealed that the Sunshine State had rejected approximately 1% of all mail-in absentee paper ballots over the previous two Presidential elections. That rate is about 10 times higher than for voters who vote in person (either early or on Election Day) and amounts to tens of thousands of discarded votes --- often for missing signatures or those believed by election officials to not match the one on the voter's registration file --- in the nation's third most populous and closely divided state.

As bad as that is, a startling new exclusive from WhoWhatWhy over the weekend finds that Georgia has been rejecting more than 9% of all mail-in ballots received during early absentee voting before this year's midterms. 40% of those rejections, according to the report, based on analysis from Professor Michael McDonald of the U.S. Election Project, come from one single county in the Peach State, leading McDonald to warn on Friday night that "something's going on" in the state.

The extraordinarily high rate of mail-in ballot rejection in Gwinnett County also follows a pattern seen in both Georgia and Florida: ballots cast by racial minorities are rejected at a far higher rate than those from white voters, and often for highly dubious reasons. We're joined today by criminal justice journalist and WhoWhatWhy election integrity reporter JORDAN WILKIE, who broke the story on the alarming rate of rejected absentee ballots in Georgia. Reporting from on the ground in Gwinnett, Wilkie tells me that the precise cause for the high number of rejections is "still unknown...there are a lot more stories to be told", even if it reveals a very clear pattern of suppression "disproportionately affecting minority voters."

He also reports that while Georgia law requires voters to be notified of rejected mail-in ballots, they may not be doing so in a timely manner. In Gwinnett, he says, "the county claims that after a ballot is rejected, within 72 hours a notice is going to be sent. I talked to people well outside of that timeline and they still had not been notified."

Moreover, Wilkie details how the state's process for allowing voters to cure rejected ballots is, in a word, absurd and includes just about everything other than re-registering. Such voters must re-apply for an absentee ballot, be accepted, be sent one by mail, vote it again, send it back and hope that it doesn't get rejected once again. He reports on one voter in Gwinnett who is now on his fourth attempt at casting an absentee ballot in this election!

"It's just another technical hurdle, another bureaucratic step that people are going to have to take to do something that many people aren't particularly excited to do in the first place, which is vote," he argues. "Everything that is happening here is part of a systematic effort that we've seen across Georgia --- and I come from North Carolina, and we see this across a lot of Republican-led states --- where there are just a number of barriers to vote that don't need to be there. The evidence is clear that the more barriers there are, the fewer people vote, and all these barriers disproportionately affect minority voters."

The clear pattern of race-based suppression in Georgia comes amid a "dead heat" contest in their Gubernatorial race between Georgia's Republican Secretary of State Brian Kemp who, as the state's chief election official, is overseeing his own contest to become the state's chief executive, and Democratic candidate Stacey Abrams who, if she wins, would become the nation's first female African-American governor.

The disturbing news about absentee ballot rejection in Georgia is just the latest maddening election news out of the state, where Kemp has overseen the recent purge of hundreds of thousands of voters from the rolls, more than 50,000 registrations being held in suspense for allegedly violating the state's new "exact match" law, and the continued statewide use of wildly vulnerable, easily manipulated, 100% unverifiable touchscreen voting systems on Election Day.

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

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

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

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

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

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

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

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

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

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

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

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

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

And again, my head explodes...

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