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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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

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

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

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

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

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

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

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

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

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

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

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

And again, my head explodes...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

After a quick report on Saturday's primary elections in Hawaii (moderate Democrats did well, more progressive candidates less so), we head straight out to Las Vegas for today's BradCast, where the 26th annual hackers convention, DEF CON, held its 2nd annual Vote Hacking Village. [Audio link to show follows below.]

After every voting system on display at last year's event was hacked within minutes by conference attendees, organizers tried to make it a bit more difficult this year. They made unverifiable electronic voting systems, optical-scan paper ballot tabulators and electronic pollbooks from a number of companies --- almost all of which will be in wide use across the country once again for this November's crucial midterms --- available for investigation and penetration. Once again, the hackers in attendance made short order of pretty much all of them.

Stunning vulnerabilities [PDF] were discovered, including some that officials have known about (and ignored or tried to keep secret for years) while others were revealed for the first time. Things like Chinese pop song files were found on one system used in actual elections recently, along with a host of other disturbing findings, which we summarize today.

Other disturbing findings regard the ES&S m650, an optical scanner used to tabulate paper absentee ballots in more than half of the country. Hackers discovered several severe vulnerabilities (some of which have been known for more than a decade, and others which election officials hoped to withhold from the public), including the ease with which the machine's entire operating system can be overwritten by inserting a zipdrive with a file named "update" before powering it on. Also, electronic pollbooks were found to be corruptible in seconds and found to store unencrypted administrative passwords --- in plain text format! --- on their removable memory cards (one of which was simply "password".)

There was also a mock election run on the systems still used in states like Georgia. In that election, a candidate not even on the ballot ending up winning. In another case which officials should take note of, a ballot cast via email was intercepted and changed. "The selection of the candidate was changed so that when it was received it was different from what was sent," the organizers note. "This is a big deal for the real world because we already allow for email balloting, in special cases for Americans living overseas [such as active military]. This is allowed in 30 states plus DC."

Moreover, the Voting Village organizers also offered replicas of swing-state Sec. of State website available to some 50 children from ages 6 to 17. You'll be shocked to learn that most were able to hack the mock SoS websites in some fashion, including changing candidates names and parties, and tampering with reported elections results to show, for example, 12 billion votes cast. The fastest exploit of a Sec. of State replica site (Florida's) was by an 11-year old who did it in 10 minutes!

We're joined today to discuss all of this by Emmy-award winning journalist and documentarian LULU FRIESDAT whose video from last year's DEF CON Voting Village went viral (several times) since then, and who was on hand to document this past weekend's conference once again. She details the extraordinary "sea change" since last year's event, as many elections officials and U.S. Intelligence Community representatives were on hand for this year's festivities.

"What's really great about this year's Def Con is that we are starting to see a collaboration and communication between three groups that really have been working more as silos previously, and that is election officials, security experts, and hackers," Friesdat reports. "It was very deliberate on the part of the organizers, Jake Braun, Harri Hursti and Matt Blaze, to really try to bring those three groups together... Because we're not going to make progress on this issue unless these three groups start communicating with each other."

"We don't have a one-size-fits-all solution for this. Every county is going to have to have some different solutions. What we have are principles. And I think the principles remain the same. The principles are yes, every voter who can mark a ballot by hand, needs to mark a ballot by hand. And security experts across the board are really starting to say that, openly publicly."

"There is a sea change happening. You really could feel it. This year, there was an entire panel of election officials, whereas last year almost none of them actually came," Friesdat tells me, adding cautiously: "There are thousands of election officials all over the country who are still dragging their feet. You look at states like Georgia, and they are doing everything they can to stay in basically an unauthenticated election protocol. So it is a wide spectrum."

Among the noteworthy accounts from Friesdat, we discuss California Sec. of State Alex Padilla's call for more federal funding for election systems (meaning, more money for more computers) and Colorado Elections Manager Dwight Shellman who, though a fan of electronic tabulation, calls for routine post-election audits everywhere (which almost no states do at all.)

We also discuss the remarks at the conference by DHS Asst. Secretary for Cybersecurity and Communications Jeanette Manfra, who admitted last summer during U.S. Senate Hearings that the agency never found evidence that votes were changed in the 2016 Presidential election, in no small part, because nobody ever bothered to look! DHS never carried out any forensic investigations of voting systems, nor even bothered to count ballots to make sure they were accurately tabulated by counting computers in the election, despite the ongoing warnings by the Intelligence Community of Russian cyberattacks and interference. "Could it be done?," Friesdat asks rhetorically, "The answer, over and over and over again, is yes, it could be done. Election results could be manipulated. And is it difficult? No. It is a piece of cake."

While this year's DEF CON Voting Village was another huge leap forward in bringing concerns about all of these systems to the public, it appears we have a long way to go until American figures out the solution. I'd suggest that solution is public oversight of tabulation of hand-marked paper ballots (Not computers, but people! I call it "Democracy's Gold Standard".) But, hey, computers --- all of which are obviously wildly hackable --- could work too, right?

Speaking of which, we close today with an email from a listener who turned one of my recent rants on this issue into a poem...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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

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

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

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

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

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

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

On today's BradCast, if you're waiting for the government to save us by protecting elections --- or anything else --- that's not going to happen. But you can save us, as I explain today. [Audio link to show follows below.]

First up today, voters in Tennessee head to the polls for their midterm primaries (yes, on a Thursday! --- perhaps that's one of the reasons the state has among the lowest turnout rates in the country?), as voters elsewhere are preparing for next Tuesday's primaries in Kansas, Missouri, Michigan and Washington.

Also next Tuesday will be the final major U.S. House Special Election of the year before the midterms. The race is in Ohio's 12th Congressional District, a normally very "red" district centered in Columbus, where Republican Troy Balderson had, as recently as last month, been favored by some 10 points over Democrat Danny O'Connor. The race, however, has now become a dead heat, according to new polling from Monmouth and others. So, we have a few very specific and important thoughts for our friends and listeners in Columbus (on WGRN 94.1FM!) today regarding that contest. In short, as I explain: this long-held Republican seat --- in a district which both Romney and Trump reportedly won by some 10 points --- is now flippable, but it will require all hands on deck to do it next week (yes, including independent and Green Party voters!)

In the meantime, Donald Trump's White House paraded out a bunch of their top intelligence community officials to try and convince us all that they give a damn about election security before the November midterms. Don't believe them for a second. I explain why. Similarly, do not believe the Republicans in Congress who now pretend that they give a damn about election security, since, on Wednesday, they proved once again they do not. Every Republican Senator present, with the exception of TN's Bob Corker, voted against an appropriations amendment to give $250 million for additional election security to states. All Democrats voted in favor of the amendment, which received a majority 50-47 vote. But that wasn't enough to overcome the 60 vote filibuster threshold (which Republicans could have waived). That, on the same day the GOP-majority Senate easily approved a $717 billion defense authorization package --- in case you're wondering where their priorities really are.

As explained in an impassioned rant today, in response to all of the above, it's unclear that more money thrown at our computerized election systems would even result in more secure elections or those that Americans can have confidence in. When it comes to our elections and our democracy, and so much more, one thing is clear: "We are not going to be protected by Congress, or the White House, no matter who is in charge of either. The government is not going to save us here. We are going to save us here. We are the only chance that we have."

I offer a number of ways for folks to do exactly that on today's show, which I hope you'll share loudly and broadly. [Update: Desi has transcribed a bit of today's rant for easier sharing right here.]

Speaking of, as we warned on a recent BradCast, the Trump Administration has now formally announced their new scheme today to roll back automobile fuel-efficiency standards that had previously been worked out in an agreement between the Obama Administration, automakers and states like California who have stricter air quality standards than the federal government's. Trump's EPA, however, is hoping to block those new standards --- which experts say will save 40,000 lives per year thanks to cleaner air --- in favor of dirtier air more costly gas mileage for consumers. The Administration justifies the change with a dubious assertion that 1,000 lives per year will be saved, because it will be cheaper for Americans to purchase newer, safer cars --- never mind the higher fuel costs (approximately $170 billion over all) they'll have to pay.

The Administration which pretends to believe in "states' rights" is also moving with their newly proposed regulation to block California's legal right under the federal Clean Air Act to determine their own air quality and mileage standards. The state, and 16 others, have already filed suit against the proposed regulation. A public comment period is now open in response to the measure at this Regulations.gov docket page.

Our own Desi Doyen has a few words about all of that. And then she joins us for our latest Green News Report, with 2017 now officially found to have smashed global heat records, deadly global warming-fueled wildfires continuing to devastate Northern California, and the U.S. Supreme Court (surprisingly) giving their unanimous go-ahead for a landmark climate change lawsuit against the federal government, as filed by children, to move ahead!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Great news for a change, with a big victory for voters in Georgia! [Audio link to show is posted below.]

After what seemed impossibly long odds just days ago, a bill that would have moved the state from 100% unverifiable touch-screen Direct Recording Electronic (DRE) voting devices to just-as-bad-if-not-worse 100% unverifiable computer-printed and barcoded "paper ballots", failed to pass in the state's General Assembly before the legislative session ended for the year on Thursday at midnight.

That, despite a powerful lobbying effort by the nation's largest private voting machine vendor, ES&S, which stood to make millions on the deceptive "paper ballot" scheme being pushed by elected officials --- including GA's Republican Sec. of State candidates State Rep. Buzz Brockway and State Sen. Josh McKoon --- in both chambers of the legislature.

In recent days, however, Election Integrity advocates on the ground in Atlanta and via social media have been rallying like crazy and mounting an extraordinarily impressive effort to inform the public in hopes of blocking this dangerous bill. The effort was focused on detailing the many dangers of unverifiable barcoded ballots as produced by the type of touch-screen Ballot Marking Device (BMD) computer voting systems that GA lawmakers were hoping to move to after 15 years of using easily-hacked, oft-failed DRE voting systems statewide.

We're joined again today, for a bit of a victory lap, by election integrity expert MARILYN MARKS who has been tirelessly fighting the bill and rallying the social media troops on Twitter, along with Jenny Cohn and others in recent days. (Cohn was on the show several weeks ago to discuss the GA bill and her must-read article documenting the many dangers of unverifiable BMD "paper ballot" voting systems.) Marks was also on the program just days ago, when overcoming the "incidious" vendors' last minute push for SB403 in the GA legislature seemed all but impossible.

"It is because of the hundreds of people that called, wrote, tweeted...just so much pushback from the citizens," that the effort to kill the bill was successful, she tells me today.

After citing the many who made Thursday's late night victory possible, Marks turns our attention to several continuing related battles. Among them, the lawsuit her organization, Coalition for Good Governance, filed months ago in hopes of ending GA's use of DREs in favor of a verifiable HAND-MARKED paper ballots. GA already uses such a system for absentee vote-by-mail balloting and, Marks argues, the same existing system could easily and inexpensively be expanded for use by all voters at the polling place before this fall's crucial mid-terms.

She also offers a warning for voters around the nation, where unverifiable computer-marked and barcoded paper ballot BMD schemes, like the ones being pushed in GA, are already being deceptively sold to the public as "paper ballot" systems by Republicans and Democrats alike. PLEASE NOTE: Paper ballots or "voter-marked" paper ballots are not enough. Demand nothing less than HAND-MARKED paper ballots as your state or county "upgrades" its system with the hundreds of millions of dollars that have just been allocated for this by Congress!

Marks tells me she's hopeful that the broad social media effort on SB430 has resulted in lessons that can be used around the country "when --- it's not an 'if', but 'when' --- the barcode balloting comes to them. And they better be watching carefully, because this money is about to start flowing from the federal government like now, literally now, and you know exactly what the vendors are going to do."

Also on today's show: A recently leaked memo reveals how Administrator Scott Pruitt's EPA is now instructing employees to use false talking points regarding the science of climate change in order to create doubt and confuse the public about the broad scientific consensus finding the human burning of fossil fuels as the main cause of global warming; A new AP survey of young voters finds huge majorities see Donald Trump as "racist", "dishonest" and "mentally unfit" for office; Judge Stephen Reinhardt, "liberal lion" on the U.S. 9th Circuit Court of Appeals, died suddenly on Thursday, after nearly 40 years on the court; And, finally, a new poll from the Kaiser Family Foundation finds some 75% of Americans now support a "Medicare-for-All" style, single-payer, national health care insurance program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: the Overton Window regarding gun safety reform may have just taken a dramatic lurch towards "the left". And, then, the heated battle to block a new 100% unverifiable computer voting system (disguised as a "paper ballot" system) from being implemented in Georgia reaches a climax, as this year's legislative session in the state nears its end. [Audio link to today's show is posted at end of article.]

First up today (well, after a disturbing story out of Atlanta that further underscores the madness of Georgia's proposed new voting system): Former U.S. Supreme Court Justice John Paul Stevens penned a stunning op-ed in the New York Times, lauding students for marching to demand gun safety legislation, but suggesting it's time for them to go much further by calling for a repeal of the 2nd Amendment to the U.S. Constitution itself.

The 97-year old retired Associate Justice (and lifelong Republican) explains why history and his years on the bench have led him to regard the 2nd Amendment as "a relic of the 18th century", and how the National Rifle Association (NRA) has, in recent decades --- as the conservative former U.S. Supreme Court Chief Justice Warren Burger declared in the early 90s --- perpetrated "one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

Then, speaking of great frauds, the city of Atlanta finds itself using pencil and paper to carry out business again today in municipal courts, jails and other city agencies five days after a "ransomware" attack has crippled the city's use of its computer networks. Nonetheless, at the very same time, state lawmakers in Georgia are, incredibly enough, in last minute negotiations to adopt a measure to replace their statewide, easily-hacked, 100% unverifiable Diebold touch-screen computer voting systems.

Unfortunately, as legislators race the clock to pass a bill before the current legislative session ends on Thursday night, the current bill to replace those systems, SB-403, would institute a new 100% unverifiable computer-marked "paper ballot" system, which is now being opposed by both local and national election integrity advocates and organizations.

Longtime election integrity expert MARILYN MARKS, whose nonpartisan Coalition for Good Governance is suing the Peach State to force them to do away with their unverifiable Director Recording Electronic (DRE) voting machines, joins us to warn about the proposed new scheme to replace them with similarly unverifiable touch-screen Ballot Marking Devices (BMDs) and why she sees that as "going from bad to worse."

"People today at least understand that their system is unverifiable, unauditable, and really a lot of guesswork," she tells me. "Unfortunately, this new system that they are so determined to find a way to put in, kind of has the look, from a distance, of a paper system. But it really is just as unverifiable."

Marks explains that the new legislation introduces computer-printed ballots with barcodes on them, which cannot be read by humans. Deceptively, the paper ballots produced by the new touch-screen systems also include a summary of the voters' votes in human-readable form. But, it is the unreadable and impossible to verify barcodes --- rather than the human-readable voter selections --- which are used by the system's computer optical-scanners to tally results. "What can be embedded in those bar codes may be very different from the human-readable list that is printed out," she says.

Even if the barcodes weren't printed on the paper ballots, Marks explains, the computer-marked ballots would still be unacceptable and unverifiable as reflecting any voter's intent after polls close on Election Night, as Jennifer Cohn recently detailed in a must-read article at The BRAD BLOG. Marks offers action items for preventing the passage of the bill, for those both in and out of the state of Georgia (as summarized here in this Twitter Moment.)

This is important for folks in every state, since similar systems are already spreading nationwide and will assuredly do so even quicker if Georgia becomes the first in the nation to adopt them statewide --- just as they were the first to go to touch-screen Diebold DREs statewide back in 2002. "We don't want this insidious disease of these things --- as we call it, 'Son of DREs' --- going on to other states," Marks cautions. "The minute that Georgia accepts this, the vendors will be out in other states trying to do the same thing. Change the definition of the ballot to include barcodes, and pointing to Georgia as 'look the whole state of Georgia just said this was okay!'"

Similar systems are already being deployed in Texas, Tennessee, Los Angeles and elsewhere (though not yet in Missouri, where a Republican state legislator has, happily, just introduced a bill calling for DREs used in St. Louis and Kansas City to be replaced by real, HAND-MARKED paper ballot systems!)

Finally, Desi Doyen joins us today with the latest Green News Report, including some surprisingly good news from the massive omnibus spending bill just signed into law, begrudgingly, by Donald Trump...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)