On today's Midterm Elections Day 2022 BradCast: Unspooling the media's midterm mess and the high price of failed computerized voting and tabulation systems in several states.

Among the many stories covered today as voters across the nation headed to the polls...

• What is the possible connection between today's otherwise much-needed downpours in both Northern and Southern California and potential partisan control of the U.S. House? We 'splain!

• Major corporate media outlets have done another irresponsible job in their coverage of this year's midterms, particularly in their bizarre Doomsday-for-Dems coverage in recent weeks. While Tuesday's elections certainly could prove to be a "red" wave for Republicans --- after all, conventional wisdom (which we've been advising you to ignore all year) would certainly predict as much --- a fair reading of both pre-election polling and other available early voting data, suggests Dem strength could be greater than most outlets have been reporting. Some are even ignoring their own polling numbers to report a coming apocalypse for Dems. (Also: Compare and contrast NYT's front pages from day before the midterms in 2018, when Dems picked up 41 seats in the House, with the day before this week's midterms.) Of course, the polls are tight enough that a minor polling error in either direction could lead to either a "red" or "blue" wave, or simply a maddeningly close contest all around. But the problem is, the doom and gloom reporting can either become a self-fulfilling prophecy by depressing Dem turnout or, more dangerously, yet another misleading basis for Republicans to falsely declare "FRAUD!" in the event that Dems do better than expected on Tuesday night. Either scenario suggests another mainstream corporate media failure in 2022. We 'splain that too.

• Donald Trump big footed Ohio's Republican U.S. Senate candidate J.D. Vance at his rally on Monday night by announcing that he's got a big announcement coming next week. Reportedly, Republican officials had to beg Trump to not declare his candidacy to run again for President before today's midterms. He wanted to do it last night. Of course, facing as many legal perils all at once as he now is, I'd want to try and change the subject as quickly as possible too. It won't work.

• A tale of two voting system failures. In Mercer County, New Jersey today, hand-marked paper ballot optical scanners used across the county and made by Dominion failed to work. Luckily, they are one of only two counties in the state that offer voters hand-marked paper ballots. So, voters were instructed instead to place their ballots into the scanning system's locked box to be tabulated later at County headquarters. Voters did so. Voting continued. Life went on. Everything was fine. Meanwhile, at a bunch of polling sites in Maricopa County (Phoenix), Arizona, the scanners, also made by Dominion, were failing as well. Instead of following the same procedure to vote and place their ballot in the box to be scanned later, the wingnuts went crazy. Howls of "FRAUD!" followed, with demands to recall the County's Republican election officials and for paper ballots to be used from now on! (Someone please let GA's lunkhead Rep. Marjorie Taylor Greene know that Maricopa already uses paper ballots.) Sigh. This in a county where Reuters reported over the weekend that elections officials faced more than 100 threats in the lead up to today's elections, including calls to "kill them all" and worse. (The reason eventually discovered for the scanner failures in Maricopa was pretty mundane).

• Meanwhile, actual voter disenfranchisement took place for hours in Harris County (Houston), Texas, on Tuesday morning, thanks to the fact that, like much of the Lone Star state, they don't allow voters to use verifiable hand-mark paper ballots at the polls. Instead, after a poll worker quit before today's Election Day, touchscreen voting systems made by Hart Intercivic were not properly set up until four hours after polls opened in a heavily-Hispanic part of the heavily-Democratic County. An unknown number of voters were turned away, unable to vote. Marjorie Taylor Greene has yet to say a word about it.

• Finally, Desi Doyen joins us for our latest Green News Report, as the U.N.'s big COP27 climate conference kicks of in Egypt; a new report finds major glaciers will soon disappear entirely; and a late-season hurricane spins up and takes aims at Florida's east coast...

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On today's BradCast, we continue to focus on the critical November 8 midterms as we will most likely be doing between now and then and --- given how important and close many key races are expected to be --- probably well beyond Election Day. [Audio link to full show follows this summary.]

We're joined today by EDDIE PEREZ, who has spent more than 20 years focused on elections in various capacities. He spent some 15 years at the Austin, Texas-based Hart-Intercivic, one of the big three private voting system vendors in the U.S. He moved on to become Global Director of Technology and Standards at the nonpartisan, nonprofit Open Source Election Technology (OSET) Institute before, last year, becoming Twitter's Director of Product Management for Societal Health, where he played a role in fighting against mis- and disinformation at the beleaguered social media site. He left the company recently (before Elon Musk's takeover) and remains a Board Member at OSET.

Perez has been writing, blogging and tweeting of late on what he sees as "manufactured chaos" by Republicans in advance of the 2022 midterms, calling the threat they pose a "a knife at democracy's throat" and charging that the chaos is now "on a collision course" with next week's elections.

He worries and warns, both in his writing and on today's program, of "coordinated attempts to interfere with or potentially overwhelm what can broadly be regarded as normal election administration processes."

As usual, when Perez is kind enough to join us, he (a former voting system vendor) and I (a long time Election Integrity journalist and critic of vulnerable, difficult-to-oversee voting systems) both tussle and find common ground on many of these topics. We also discuss concerns about "manufactured chaos" on Twitter as well, now that Musk has reportedly withdrawn access to content moderation tools previously used by staffers to help curb toxic disinformation.

"It's genuinely not really clear whether Elon Musk fully appreciates the harm that can come from a social media platform, particularly in the realm of elections," Perez frets, adding that "we have seen this spin off in to political violence." He notes "the concerns are very real," but believes the "wheels haven't fallen off Twitter", at least not yet, assuring that there are "still good people there."

He warns, however, "it's a fragile time" and says it's good to have "conversations like this so that we can talk to your listeners about what they should be paying attention to and what they can maybe do to cut through some of the noise."

We discuss examples of chaos that most worry him and how no small part of the lack of confidence Americans now have in our election system may actually be due to the way voting system vendors and election officials have spent years preventing oversight by the public. Of course, much of it is due to Donald Trump's lies about the 2020 election. But Perez concedes that insiders, in fact, now pose a unique threat to democracy, as demonstrated by GOP officials facilitating the breach of voting system hardware and software in several different states and releasing its proprietary software to potentially nefarious individuals. Can that previously secret code now be used to undermine those systems next week? If so, how so?

"It has certainly not helped public trust in the machinery of democracy that voting technology is limited to as few companies as it is," Perez concedes, citing the proprietary software now used to run elections and tally votes in almost every jurisdiction in the country. "There is no doubt that having that whole ecosystem --- that can fairly be called a 'black box' --- is not helping. It is a kind of tinder box and has turned into a vacuum of information that a lot of conspiracy theorists have been happy to fill."

"On something as essential as the legitimacy of the outcomes in our public elections --- which, again, involves process and involves voting technology --- we can never ever discount the importance of transparency and accountability," he tells me, citing some of my own advocacy and criticism of voting systems and vendors over the years. "In that sense, I don't think it's unreasonable for some people to say that was a collective failure and, yes, that has contributed to us having a lot of the challenges that we're in today."

Of course, we also discuss what Americans can do now --- from voters to election officials to journalists --- to gird for the chaos that is almost certain to come and how best to defend against it.

Also today, several recent legal rulings in response to an explosion of election law challenges manufacturing more chaos around the 2022 elections...

• Our corrupt U.S. Supreme Court, along with the unexpected death of the Pennsylvania Supreme Court's Chief Justice, allows Republicans to obtain a ruling that may allow them to reject thousands of completely legitimate absentee ballots across the Keystone State, due to missing or incorrect dates written on their outer envelopes.

• A Trump-appointed federal judge in Arizona issues a ruling [PDF] to block voter intimidation near absentee ballot drop boxes, where masked rightwingers, toting guns and clad in tactical gear, have been menacing and photographing voters dropping of their ballots.

• Nevada's Sec. of State shuts down a slapdash, nascent rightwing effort in Nye County to hand-count early and absentee ballots after the hand-counters were said to be revealing results to the public during their tally in defiance of a state Supreme Court order. Thankfully, given the very few ballots they were able to count before being shut down (just 50 on their first day, in a County with some 30,000 voters), the damage was contained. But expect more such "manufactured chaos" between now and next Tuesday and, almost certainly, well beyond...

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Rogue Republicans and rogue Democrats on today's BradCast. [Audio link to full show is posted below this summary.]

First up, the rogue --- and really dumb --- Republican in Michigan's Adams Township. The Township Clerk there, Stephanie Scott, was elected last November and is certain that the election must have been fraudulent, even though she won and Trump was certified as defeating Joe Biden in the County by 48 points. (That's more than Trump won by in 2016!) Scott was a QAnon loon before the 2020 election and even more so since then. This week, she was removed by the State Elections Bureau from her job and replaced, for now, by the Republican County Clerk in Hillsdale County (home of Adams Township), who discovered on Tuesday that the Township's tabulation computer, the "brains" of the whole system, is now missing in advance of next week's local elections.

Michigan State Police are said to have launched a criminal investigation, and Scott seems to admit to a Michigan news outlet that she stole it, claiming that the vendor, Hart Intercivic, was coming in to perform routine maintenance that was actually a secret scheme to delete all of the evidence of fraud on behalf Joe Biden in the 2020 election. Or something. The Township votes on hand-marked paper ballots. So if the new Clerk had any actual concerns about whether the computer accurately tabulated results last year, she might have tried hand-counting those paper ballots to find out. The population of the entire Township is only about 2,500 people. But apparently Scott is not particularly bright, despite all of her QAnon "research".

We unpack the entire insane incident, which echoes one from a few months back, where the Republican County Clerk in Mesa County, Colorado also had to be replaced by the Sec. of State after she brought two people with her into the secure area where voting systems are stored in the middle of the night, turned off the security cameras, made full, unlawful copies of the hard drives of the Dominion Voting System's Election Management software and then released it to the Internet during MyPillow CEO and failed conspiracy theorist Mike Lindell's so-called "cyber symposium" in South Dakota. The unlawful release wreaked havoc and a call for "emergency action" before California 's Gubernatorial Recall election just weeks later. The Mesa County Clerk is also facing a criminal investigation because, ya know, they're all "law and order conservatives" who think it's just fine to steal voting systems and software when they feel like it.

Of course, there are very real concerns about vulnerabilities in such voting systems, though zero known evidence to date that any of them were used to steal any election last year. But these lamebrains don't seem to have a clue what the vulnerabilities actually are or what to legally do about them, even though many of us real Election Integrity advocates have been showing them how to do exactly that for nearly 20 years.

As to the Democratic rogues in our stories today, we're joined again by the great HEATHER DIGBY PARTON of Salon and Hulaballoo to talk about Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) and if their real game is actually to undermine the entire Biden agenda by weakening, stalling and then ultimately just killing the Build Back Better bill.

The pair have already succeeded in gutting a number of the most popular key provisions of the bill favored by progressive and centrist Dems alike, and even by Republican voters (if not members of Congress). Though there are a boatload of critical, long-overdue and progressive programs still left in what the White House described as the bill's new "framework" [PDF] on Thursday. But do Manchin and Sinema intend to let even that much go through to full passage? Or are they playing a different game entirely? We discuss it all with Digby today.

We also discuss the painfully disinformed, so-called "progressives" out in the Twittersphere and beyond who are actually either gullible enough or disinformed enough to believe that Biden and Pelosi and Progressive Caucus Chair Pramila Jayapal --- not to mentioned Bernie Sanders and Alexandria Ocasio-Cortez(!) --- have all been coopted by "corporatists" (or something) to undermine Biden's own agenda and the bill that the entire Democratic caucus, save for Manchin and Sinema, would have approved months ago when it was twice the size in dollars.

The corporate media also come in for criticism again today, for their failure to accurately inform the American people of the wildly popular provisions that were and still are in the still-transformative Biden agenda (even as Democrats themselves share some of that blame). Instead, the media have turned the negotiations over Build Back Better into a misleading game of (paid for) spending numbers and a "showdown" between "progressives" and "centrists". In fact, it's always been a no-choice effort by Congressional and White House Dems to win the must-have votes of Manchin and Sinema --- ("The Diva Twins" as Parton calls them) --- who have opposed many of the bill's most popular programs in a 50/50 Senate.

Lots to discuss here with Parton today, as usual. Please tune in!...

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On today's BradCast: Senate Dems strike a very big deal and the U.S. Election Assistance Commission gets sued again, this time for rolling back voting system standards after secret, unlawful meetings with the manufacturers they are supposed to be regulating. [Audio link to show is posted below.]

First up, in what is being reported as potentially "transformative" legislation for the country, Senate Democrats on Tuesday night announced they had come to an agreement on a deal that would invest $3.5 trillion into the expansion of Medicare, the Affordable Care Act, child care and a host of other "human infrastructure" priorities, while also addressing climate change with a broad array of clean energy incentives. The blueprint for the agreement still lacks specific legislative language, but was struck after weeks of work in the Senate Budget Committee chaired by Bernie Sanders (I-VT). Democratic Committee members, such as centrist Mark Warner of Virginia, are also said to be on board with the package, which would be paid for by increased taxes on those making more than $400,000 a year and on large corporations. If all Senate Dems agree to the final bill and no more than 4 Democrats defect in the House, the measure could be adopted under Senate Reconciliation rules with a simple majority vote without the need for any Republicans.

Passage of that package, along with adoption of the smaller bipartisan nearly $600 billion proposal recently hashed out among moderate Senators on more traditional infrastructure spending, such as for roads and bridges, would amount to a massive victory for Democrats (presuming Republicans do not renege on their part of the agreement) and, more importantly, for jobs, families the climate and the American people as a whole. It would be the largest such spending package since the New Deal. We walk through some of the reported details of the new reconciliation package and what it may mean for Americans before the 2022 mid-term elections.

And, speaking of elections, earlier this year we reported on the U.S. Election Assistance Commission (EAC)'s secret and unlawful meetings last year with voting system vendors, as discovered by SUSAN GREENHALGH, longtime election integrity advocate and Senior Advisor on Election Security at the non-partisan government watchdog group, Free Speech for People (FSFP). As she revealed at the time, the EAC's meetings, even with vendors, are all supposed to be public, according to the federal Help American Vote Act (HAVA). Her group was forced to sue to make the EAC cough up emails and other records detailing the secret vendor meetings. Most disturbingly, the EAC's Commissioners made alarming changes to newly drafted voting system certification guidelines just after those meetings.

The EAC is the federal agency responsible for creating certification guidelines for the nation's voting and tabulation systems. After a painstaking 5-year process in public consultation with technical advisors and other experts, the final draft of the much-needed and long-awaited Voluntary Voting System Guidelines (VVSG) 2.0 was released last year. It included, among other important elements, a ban on wireless modems in voting and tabulation systems. Cybersecurity experts applauded the provision, after long warning of the dangers of such devices in systems that register, record and tabulate the nation's votes.

After the EAC's secret meetings with voting system vendors last year, however, the agency weakened the new guidelines --- removing, for instance, the ban against wireless modems --- and revealed an amended, watered-down version just days before Commissioners voted for final approval of the new standards. Experts were stunned. Now Greenhalgh's FSFP is suing the EAC again, along with co-plaintiff Philip Stark, an elections expert from UC-Berkeley and a member of the EAC's own Board of Advisors (as well as a recent guest on this program). The complaint [PDF] calls for the EAC to roll back the last minute changes made to the guidelines after they secretly met with the voting system manufacturers.

Greenhalgh joins us to explain all of this latest madness, what it could mean for election security, why the EAC made these changes and continue to roll over for the vendors they are supposed to be regulating, and to discuss the perils of the woeful EAC's under-handed changes at a time when cyberattacks are on the rise and confidence in election results (justifiably or not) is plummeting.

"Rather than being an independent source of information regarding voting systems, the EAC is going to the vendors to ask them the questions and understand how the systems work. And, of course, the vendors aren't going to say, 'Yeah, this is highly insecure, we shouldn't be doing this,'" Greenhalgh explains.

"It's mind blowing to me," Greenhalgh tells me, when I ask if the EAC Commissioners fully understand the security risks involved in allowing the modems that vendors want in their systems (for reasons she also explains.) "You would think they'd want to err on the side of caution, they would want to err on the side of security. And if there was a good reason to allow this, then why not have this process out in the open where they can make the case to the public as to why 'we think this is a secure way to go.'? Instead they did the whole thing behind closed doors, in a super shady manner. Doesn't engender a lot of confidence." 

Finally today, in addition to the Dems' massive new infrastructure proposal announced on Tuesday night, Senate Democrats also unveiled a long-overdue, landmark proposal to finally legalize cannabis at the federal level. That bill, however, will require some Republicans to come aboard for passage, so we'll see how it goes...

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On today's BradCast: Things are going to get far worse before they finally get better. In this case, "worse" means far more deadly and "better" means an election this fall that somewhat accurately reflects the intent of the electorate. Donald Trump has now get the killing Americans part down, but he and his fixer/Attorney General are still feeling their way around how best to undermine the election. [Audio link to show follows below.]

Just weeks ago, in late May, the Trump Death Cultists on Fox "News" and those entrusted to govern states like Florida, were railing against media, demanding apologies by those who warned that opening up for business prematurely amid a deadly viral pandemic was a terrible idea. Republican Governors like Florida's Ron DeSantis and hackish clowns like Sean Hannity of Fox "News" aren't asking for apologies anymore, it seems, as at least 56 Florida hospital ICUs across the state have now hit capacity, with dozens more nearly full as well. Florida is just one such GOP-led state whose political decisions in advance of the November election have had deadly consequences as 31 states are now seeing infections and hospitalizations rise.

The conservative projected death estimates put out by the infectious disease modelers at University of Washington's Institute for Health Metrics and Evaluation (IHME) have once again been revised in the bargain. IHME now forecasts more than 208,000 deaths in the U.S. from COVID-19 by November 1, while noting that some 45,000 lives could be saved over that same period if we all simply wore masks in public. Other experts believe the mortality number could be as high as 500,000 by the end of this year.

So, again, we ask: At what point does it become a CRIMINAL act when DeSantis and Donald Trump and Vice President Pence command schoolchildren, amid this out-of-control surging pandemic, back to in-person classes next month, under thread of financial penalty, and in defiance of CDC guidelines? At least the CDC guidelines based on science and health data, versus Pence's newly promised revised CDC guidelines that the Administration ordered to be cooked up after Trump found the real ones to be too "tough" and "expensive". When do these people become liable for criminal deadly negligence or even mass murder?

This scheming is nothing short of sick and twisted. We will soon look back on these days with ghastly horror at what they have done in short-sighted and ill-considered hopes of winning re-election this November.

Speaking of which, while Trump and his corrupt A.G. Bill Barr have been out lying about absentee voting amid the pandemic, it seems Republican strategists and candidates are becoming quite concerned that their voters may be actually be listening to them. Many GOP voters new believe that vote-by-mail ballots are all fraudulent, which could end up costing the GOP dearly this year.

At the same time, folks like EDDIE PEREZ, Global Director of Technology and Standards at the OSET (Open Source Election Technology) Institute, has been doing his level best to debunk many of the lies about mail-in voting being infectiously spread by Trump and his Attorney General who, for example, recently declared that "a foreign country could print up tens of thousands of counterfeit ballots" and use them to undermine our elections somehow. Perez explains (and here's a shorter Twitter version of his explanation) why such claims are largely nonsense, even if there are, in fact, some concerns about fraud in absentee voting --- just not the ones that Trump and Barr are mostly trumpeting.

As no fan of absentee voting myself --- other than in cases where voters literally cannot vote at the polls on Election Day, or are forced to use 100% unverifiable electronic voting systems at the polling place, or when we find ourselves in the middle of an out-of-control deadly global pandemic --- I've got a few pointed questions for Perez on the reality of absentee ballot fraud.

Among the issues he speaks to: Whether ballots can really be counterfeited (by foreign or domestic actors alike); What security measures are in place to prevent someone from casting a ballot in someone else's name?; Should voters have confidence in signature matching by election officials who are not hand-writing experts? And more. "If nothing else," Perez tells me, "the country needs to realize --- and particularly election officials and Get Out The Vote organizations --- there are really, really good reasons to protect public health to make by-mail voting available to people, as one of several options. That's really critical. For November, you've got to have a balance. We need to pay attention to educating voters about what it's going to take to ensure that their ballot is accepted and counted."

Also, as Perez, before joining the non-profit OSET Institute, was a 15 year veteran of Hart-Intercivic, one of the nation's three major private voting system vendors (about whom we've reported a great deal of less than flattering things over the years), we take a few minutes today to discuss why private, for-profit vendors are ill-equipped to meet the critical needs of transparent, overseeable elections in support of American democracy. "I'll say that the one thing we can agree on," Perez notes, "is transparency in the voting process is what helps to build trust with the public. Transparency is what is going to produce confidence. And that's what we need in our democracy."

I didn't have the heart or time to respond that "trust" has nothing to do with Americans elections. But, other than that, on the need for transparent oversight to build confidence among the electorate, he is spot on.

Finally, two objectionable SCOTUS opinions were handed down today, allowing religious organizations to, among other things, ignore any and all state or federal anti-discrimination laws, because "freedom of religion", apparently, also now includes the freedom to take actual freedoms away from everyone else...

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On today's BradCast: Sad news for many regarding the end of Elizabeth Warren's run for the 2020 Democratic Presidential nomination. But we start with what suffices for good-ish news today regarding both voting and electoral politics, and one very mysterious Super Tuesday election result out of Texas. [Audio link to show is posted below.]

• First up, the Board of Elections of Georgia's Athens-Clarke County, where early voting has already begun for the state's March 24 Primaries, has voted to ditch their new touchscreen voting systems to move to a hand-marked paper ballot system. The move is in defiance of the state's Republican Sec. of State Brad Raffensperger, who has ordered the use of new, 100% unverifiable touchscreen voting machines across the entire state, after the County's Board determined that the huge screens on the new Dominion ImageCast systems, said to be visible from 30 or 40 feet away, violate voter's right to a secret ballot under state law. (We interviewed Marilyn Marks of the Coalition for Good Governance, the plaintiff in an emergency lawsuit to move to hand-marked paper ballots in another Georgia county for the exact same reasons, last week.);

• More good-ish news out of Montana, where the state's popular Democratic Governor Steve Bullock is reportedly considering reversing his earlier vows that he would not run for U.S. Senate this November against Republican incumbent Sen. Steve Daines. The Governor, a former 2020 Democratic President candidate, won his statewide re-election in 2016 on the same ballot on which Donald Trump is said to have won the state of Montana by 20 points. If Bullock decides to enter the race by Monday's filing deadline, it might offer Democrats a shot at winning the fifth seat they would need to flip in order to retake a clear majority in the U.S. Senate next year. Dems have targeted four other U.S. Senate seats --- in Arizona, Colorado, Maine and North Carolina --- which they believe to be winnable in November, but would need a fifth seat if Alabama's Democratic Sen. Doug Jones is unable to hold on to his this year;

• The totally predictable fallout from Los Angeles County's disastrous Super Tuesday election continues today, after the County's new $300,000,000 unverifiable touchscreen voting systems and electronic pollbooks failed so spectacularly during their first countywide use in the March 3rd elections. Washington Post's coverage last night confirms that election workers in L.A. were, indeed, ordered not to speak to media (as I originally reported on Sunday, only to be called a liar on Twitter by the brainchild of the new, failed voting system, L.A. County Registrar-Recorder/County Clerk Dean Logan).

  But the biggest breaking news in the embarrassing meltdown that resulted in hours-long lines and disenfranchised voters on Tuesday is that CA's Democratic Sec. of State Alex Padilla --- who certified the new systems for use in January despite warnings from cybsersecurity and voting systems experts, and despite the system's more than 40 violations of California Voting Systems Standards --- has now directed L.A. to send hand-marked Vote-by-Mail ballots to every voter in the County for this November's critical Presidential election;

• And, in Houston --- which also saw hours long lines for voters during its primaries on Super Tuesday --- a mysterious, completely unknown candidate on the Democratic ballot has has helped force a run-off for one of the longest serving members of the Texas state House. Despite Natasha Ruiz receiving more than 20% of the vote on Harris County's 100% unverifiable voting systems, the other three candidates in the race say they have never seen Ruiz or found any evidence that she actually had a campaign. She placed third in the four person race, resulting in just 45% of the vote (less than the 50% required to avoid a run-off) for long-serving State Rep. Harold Dutton, who is now investigating whether Ruiz even exists;

• Finally, we're joined by the former Editor in Chief of Rewire.news, JODI JACOBSON, a devoted Elizabeth Warren supporter, who is mourning today's announced end of the crusading progressive Massachusetts Senator's once-very promising Presidential bid. We discuss what Warren did right and where her candidacy appears to have gone wrong, why Americans appear to have been afraid to vote for her, and whether Warren might be tapped with a Vice-Presidential nod on either a Joe Biden or Bernie Sanders ticket...

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On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]

We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.

In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.

The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)

We're joined today by journalist, attorney, Election Integrity advocate and Twitter activist JENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!

Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.

Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.

And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...

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On today's BradCast, the darkness continues, even as some rays of light appear in the electoral distance. [Audio link to show is posted below.]

On Monday, attorneys for one of three far-right militiamen convicted in a plot to bomb a Kansas apartment building that was home to over a hundred Somali Muslim refugees in late 2016, cited Donald Trump's anti-Muslim rhetoric during the President campaign as reason for shortening the man's life sentence. In sentencing documents, the lawyers charge that then-candidate Trump and videos from rightwing media personalities such as Fox News' Sean Hannity helped stoke their client's hatred "to 11".

On Tuesday, despite being told by victims' families, the city's mayor, and thousands of members of Pittsburgh's Jewish community that he was not welcome, Trump came to the city's grief-stricken Squirrel Hill neighborhood to visit the Tree of Life synagogue where 11 Jewish worshipers were gunned down during services on Saturday. Trump came to the city where he was not wanted today, even as the first funerals for victims got under way, because it reportedly fits in with his campaign schedule that otherwise includes political rallies around the country every day for the rest of the week until next Tuesday's crucial midterms.

The anti-Semitic, anti-immigration rightwinger charged in the Pittsburgh massacre had espoused anti-"globalist" rhetoric akin to those from the Trump fan charged last week with mailing bombs to more than a dozen top Democrats, philanthropists, media outlets and celebrities who had been vilified in recent months by the President. Both men had referenced the so-called Central American migrant "caravan" that Trump, Republican candidates and media outlets from the Right and non-Right have been focusing on over the past several weeks. The group of slowly walking refugees still remains some 1,000 miles from the U.S. border and is unlikely to arrive here for months, posing zero threat to the U.S. Nonetheless, on Monday, Trump ordered the immediate deployment of at least 5,200 more U.S. military troops to the border in advance of next week's election.

Despite the increasing wave of Rightwing violence, the President and the White House and Rightwing news outlets continue to cite the "caravan" as an existential threat. Former top Republican strategist Steve Schmidt unloaded on what has become of the GOP under Trump and the years-long barrage of Rightwing media propaganda. He describes "this whole caravan in the last week of the election" as "a giant lie" and as "Trump's Reichstag Fire".

We share the full, must-listen segment from his remarkable appearance on last night's All In with Chris Hayes on MSNBC, in which the former campaign chair for John McCain's 2008 Presidential run describes the GOP as having become no more than a "cult of personality...that is authoritarian in nature" and charges the "Rightwing propaganda machine industry" has "blood on their hands" after having "radicalized" those who are now committing violence against minorities and immigrants.

Then, just to lighten things up a bit, some election news out of Texas, where legal officials with the Beto O'Rourke (D) campaign tell me about their concerns regarding reports of votes flipping to Ted Cruz (R) on Democratic straight ticket ballots cast on 100% unverifiable Hart-Intercivic eSlate voting computers used across much of the state.

We've also got a bit of slightly brighter news from the Lone Star state, where threats of legal action have resulted in the expansion of early voting opportunities on the campus of Texas State University after students were turned away last week, and a rollback to new voter registration requirements recently imposed at the historically African-American Prairie View A&M University.

Finally, Desi Doyen joins us for the latest Green News Report with details on the serious environmental threat posed by this week's election of the hard-right Jair Bolsonaro in Brazil, and a number of important climate and environment initiatives that are on the ballot in several U.S. states on November 6th...

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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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Among the many stories covered on today's BradCast, a bit more than one week from the crucial midterm Election Day. [Audio link follows below.]...

• A 56-year old white man from Florida, suspected of sending mail bombs to about a dozen perceived enemies of Donald Trump, is arrested and charged with federal crimes. To the surprise of absolutely nobody, the alleged MAGABomber, Cesar Sayoc, Jr. turns out to be a huge fan of Donald Trump. Attorney General Jeff Sessions fails to call it terrorism;

• In Tennessee, a state court rules in favor of voting rights advocates who sued to require Shelby County (Memphis) election officials to allow thousands of new registrants to cure any alleged omissions or errors on their voter registration applications through Election Day, and to allow those voters to vote on normal, not provisional, ballots. The Republican-majority commission in the very Democratic-leaning county, has said they would appeal the ruling. The matter could be crucial to the tight race for U.S. Senate between popular former Democratic Gov. Phil Bredesen and Republican Rep. Marsha Blackburn in the contest to fill the seat of retiring GOP Sen. Bob Corker;

• In Georgia, massive attempted voter suppression overseen by Republican Sec. of State and gubernatorial candidate Brian Kemp, should qualify the entire state as a crime scene, at this point. More troubling news along those lines today, as the DeKalb County Election Commission appears to have lost nearly 5,000 vote-by-mail applications. The Democratic Party claims they turned in 4,700 requests, but the County tells the NYTimes they only received 48! The potential disenfranchisement of thousands of voters could effect the tight gubernatorial race between Kemp and African-American Democrat Stacey Abrams. Given the massive suppression attempts in the state, I don't see how a Kemp victory could possibly be seen as legitimate;

• In Texas, amid the very tight U.S. Senate race between incumbent Republican Sen. Ted Cruz and his Democratic challenger Beto O'Rourke, many of the 100% unverifiable electronic voting machines used across the state are reportedly selecting Cruz during some attempts at straight ticket Democratic votes. State and county election officials confirm the problem with their voting systems made by Hart-Intercivic of Austin has existed for years. Nonetheless, they are blaming voters, rather than themselves or Hart, their private election vendor, for the failure. That, despite conceding that it is those systems, used in many TX counties, that are at the root of the problem for voters;

• Finally, we're joined by energy and politics writer DAVID ROBERTS of Vox.com, to discuss a very important initiative on the ballot in Washington state this year. Roberts explains Initiative 1631, which, if adopted on November 6th, would create a price for carbon pollution by creating a fee for the use of fossil fuels that cause global warming. The revenue raised by the measure would be used to fund key initiatives to improve the environment and help middle and lower income Americans. Roberts describes, as he recently wrote in much more detail, how the new initiative differs from the revenue-neutral carbon tax which failed at WA polls in 2016, and how the fossil fuel industry is spending tens of millions to crush this effort (just as they did in 2016).

  All of this on a week, which we also discuss, when Canadian Prime Minister Justin Trudeau has staked his 2019 re-election chances on a new national carbon tax and dividend policy. The politically courageous effort was announced this week, despite what is predicted to be a neck-and-neck contest next year with his Conservative Party opponent. The scheme would tax the use of fossil fuels and send all revenue from the measure straight back to Canadians each year in the form of a check.

  Expect to see many more such efforts both in North America and across the world, to place a price on carbon pollution, as the globe continues to warm while fossil fuel companies continue to pollute the atmosphere for free. As Roberts notes: "Civilization is on the line."

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On today's BradCast, so many great cons to debunk, so little time. But we've actually got some good news for voters today as well. [Audio link to full show is posted below.]

First up today, Trump unleashes his massive and wildly unpopular --- and, yes, job-killing --- new taxes on imported steel and aluminum.

Then, some voting news, most of it good. The state of Washington is the ninth state in the union to adopt automatic voter registration, and a federal court has ruled that California must inform Vote-by-Mail voters before their ballots are tossed out when election officials decide that the signature on the ballot doesn't match the one on the voter's registration form. According to the ACLU's lawsuit, as many as 45,000 voters in the state were disenfranchised, without their knowledge, thanks to California's horrible practice, carried out by the whim of officials who are anything but handwriting experts.

Meanwhile, two Democratic U.S. senators have sent a letter to the nation's top three election vendors, ES&S, Dominion, and Hart Intercivic, asking if they have shared the source code from their computerized voting and tabulation systems with Russia. We discuss what this actually means and doesn't. (For example: No, it's not necessary for Russia or anybody else, including elections officials, to have access or familiarity with proprietary source code from voting and tabulating systems in order to manipulate computer-tallied elections!) We also call out Reuters for continuing to spread the evidence-free claim in their report on this that "voting machines were not directly affected" by meddling during the 2016 election.

Next, we're joined by Vox.com's environment and politics writer DAVID ROBERTS to discuss a new report [PDF] released by the Trump Administration's own Office of Management and Budget(!) which, as he writes, "demolishes the GOP’s deregulatory claims." In short, it finds that benefits to the public of federal regulations far outstrip their costs in pretty much every imaginable way.

The aggregate costs of major federal regulations (those with an impact of $100 million or more) between 2006 and 2016, according to the annually mandated report released late on a Friday night for some reason, "were somewhere between $59 and $88 billion. And the aggregate benefits were somewhere between $219 and $695 billion," says Roberts. "So, even if you take the highest possible estimate of costs, and the lowest possible estimate of benefits, the benefits are still well over double what the costs were, in the most conservative analysis."

While Donald Trump has attempted to cut hundreds of rules and regulations across federal agencies --- repeatedly boasting about doing away with a record number of "job-killing regulations" and bureaucratic red-tape --- the fact is, as his own OMB (headed up by the far-right, Tea Party, regulation-hating Mick Mulvaney!) detailed in their report, those regulations do not "kill jobs" or cost the government money. In fact, killing those rules costs the government far more, particularly the environmental rules being radically gutted by this Administration.

But, as Roberts argues, the "job-killing" mantra has been so often repeated by Republicans since the days of Ronald Reagan --- and gone largely unchallenged by corporate media --- much of the public now simply accepts those false assertions as reality.

"Just to be clear, we've known this about federal regulations for a long time," Roberts notes. "These things have been subjected to cost-benefit analysis out the wazoo for years and years. Not only by the federal government, but by outside analysts. They all more or less converge on this same answer, which is that the public health and social and employment benefits of these things wildly outweigh the costs, and have for years."

"The reason Republicans hate this is because, when you see it in aggregate like this, it's almost enough to convince you that government can be an agent of good, that it can improve public health and welfare while still maintaining economic growth."

"It's revealing, I think, that this is treated as a revelation," he tells me. "It ought to be commonplace by now. It's the consensus of the experts. We just don't accept it, because Republicans, just through the sheer weight of repetition, have been saying 'job-killing regulations', 'burdensome regulations', etc., etc., for so long, that that's just sort of baked into the cake as one side of the debate, even though there's no support for it. There's no analysis that supports that."

We discuss why that is and who actually benefits from the GOP's great con. (Hint: It isn't the bulk of the folks who voted for Donald Trump!) Robert's also goes on to argue why he believes that Democrats are at least partly to blame for this con having taken such a death grip on the American conscience as self-defeating "conventional wisdom" over the past several decades.

Finally, Desi Doyen joins us for the latest Green News Report for yet another demonstration of how the decades-long scam to gut regulations continues to threaten the nation and the world...

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[This article, constructed as a handout for concerned voters and election officials, was originally posted to Medium by Jennifer Cohn on 2/17/2018 and is cross-posted in full here with her permission. This article is also available for easier printing and sharing as a PDF here - BF]

Our elections are under attack. Intelligence officials concur that Russia plans to target the 2018 midterm elections.[1] One hundred experts in the fields of computer science and statistics have recommended paper ballots and post-election statistical audits to protect our democracy.[2] But some election officials have undermined efforts to implement these security measures with irresponsible and false assurances that it would be difficult for hackers to alter the outcome of a national election under our current system.[3]

This handout strives to break through this disinformation with sourced facts that expose the truth about our computerized voting systems. We hope that concerned citizens will use this handout as a tool to persuade decision-makers of the urgent need for paper ballots, robust post-election audits, and other security measures...

As we note on more than one occasion on today's BradCast, buckle up! [Audio link to show is at bottom of article.]

Just days before the Presidential election, Democrats are in court in 6 different states attempting to preemptively block alleged "voter intimidation" schemes by Trump and the GOP, and today a federal judge slapped a restraining order on the Trump campaign and his operatives, to try and prevent it. (The order is now posted here [PDF].)

Meanwhile, the GOP nominee is just a narrow polling error away from defeating Hillary Clinton, according to the experts at FiveThirtyEight, who now find Trump's chance of winning the Presidency to be about 1 in 3. So every vote will count --- at least if it's counted correctly.

Longtime non-partisan election integrity expert Bev Harris of BlackBoxVoting.org joins us to explain her startling new discovery of functionality built into computer vote tabulators --- both touch-screen and paper-ballot systems in use in 99% of the nation's jurisdictions --- that, she says, would allow some votes to be weighted more than others in a way that would be nearly impossible to detect.

Harris details what she describes as "Fraction Magic" (see a real-time video demonstration here) and how that functionality, and its use by election insiders (or even outside hackers --- as the U.S. Government continues to warn about), could determine the results of elections on Tuesday, from the Presidential level on down to local races and ballot initiatives.

This ability to fractionalize votes (for example, the functionality allows certain types of voters to have their votes weighted as 1.2 votes, while other votes are counted as just .8 of a vote, so the final results will still tally up to the correct number of votes cast), was originally discovered in the GEMS tabulation system, used with Diebold/Premier voting systems and, Harris explains, systems made by almost all of the other private vendors used across the country. "It's now been confirmed in Hart Intercivic, in 2006. In Dominion. They've admitted it. And ES&S, according to the Illinois Board of Elections, has also got it in there. ES&S counts about 60 percent of the votes in the U.S. So it is actually pretty pervasive."

"We are putting our whole system at risk," warns Harris, about both "Fraction Magic" and the use of voting and tabulation systems that are difficult, if not impossible, for the public to oversee. "Sooner or later, if we keep running these mystery elections, there's going to be something that is actually destabilizing, kind of a perfect storm. This is predictable. Sooner or later, when you keep running elections that are not accountable to the public, that are not something we can verify with actual evidence --- i.e. ballots and ballot images --- there's going to be a meltdown that's destabilizing. This is actually rather dangerous."

Like you didn't think you had enough to worry about between now and Election Day?

Finally, Desi Doyen joins us for the last Green News Report before Election Day, and we round up a few other last minute voting concerns in swing-states North Carolina and Ohio...

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It's that time of the election cycle again. Happens every four years. (Every two, actually.) On today's BradCast: That moment when partisans on the Right declare Democrats are stealing the election with voting machines owned by George Soros and Democrats worry that Republicans are doing the same via private companies actually owned by big GOP supporters. [Audio link posted below.]

Both sides see votes flipping on touch-screen systems to their opponents. Both sides declare it only happens to their chosen party. Both sides have reason to worry about private ownership of our electoral systems. Both sides tend to be very selective about their concerns. And both sides do nothing about it until it's time to start freaking out again just before the next election.

The old, previously debunked charge that the progressive billionaire Soros is somehow controlling voting machines across the U.S. re-appeared yet again in the Rightwingosphere over the weekend, only slightly modified from its 2012 version. This time it has resulted in a petition to WhiteHouse.gov --- so far, signed by more than 70,000 since it was posted late last week --- demanding "congress meet in emergency session about removing George Soros owned voting machines from 16 states."

But, of course, as we noted back in 2012, when Democrats were concerned about the actual ownership of voting machine company Hart Intercivic by associates of Mitt Romney, Soros does not own any companies with voting machines in the U.S. He doesn't own any companies with voting machines used elsewhere either, to my knowledge. But the original seed for the persistently false rumor seems to have been planted, in no small part, by The BRAD BLOG's exclusive coverage way back in 2008 of a Venezuelan voting machine company named Smartmatic --- once believed linked to Hugo Chavez --- and their secret ownership of the Intellectual Property (IP) used in voting machines made by Sequoia Voting Systems. Many of those machines are still used in about 15 states across the country.

Sequoia has since been purchased by a Canadian firm named Dominion Voting, which, like Sequoia before it, lied about Smartmatic's ownership of IP used in Sequoia's machines. But, as I explain on today's program, it could hardly be further removed from Soros who, as it turns out, has absolutely no stake in Smartmatic or any of the other vote counting companies deployed in the U.S..

But, like Democrats, Republicans have every right and reason to be concerned about the obscene private corporate ownership of our nation's public voting and tabulation machinery. (Please petition Whitehouse.gov about that!) As I noted to a reporter seeking comment about the concerns about Romney's ties to Hart Intercivic around this same exact time before the 2012 Presidential Election...

And, like similar clockwork, once again this year we are now hearing the shouts about touch-screen voting machines flipping Democratic to Republican and Republican to Democratic --- and the claims from partisans on both sides that "this only ever happens to Republicans/Democrats!" --- as early voting gets underway in a number of states. Is there legitimate reason to worry about such votes flipping? The answer is both yes and no, with reason for all of us to be ashamed, as I explain on the show today.

Also, not unrelated on today's program: Volkswagen's record billion dollar settlement for programming their cars' software to cheat on emissions tests; GOP Senator in close election warms up to climate change; Desi Doyen joins us for the Green News Report as pipeline protests rage, China closes coal-fired power plants, Sen. Marco Rubio looks the other way as Florida faces rising seas, and the corporate media ignore all of it during each of this year's Presidential debates...

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On today's BradCast, amidst a fresh flurry of mainstream media coverage of how simple it is to manipulate election results via electronic voting and tabulation systems, Politico Magazine offers a blockbuster cover story describing it as "child's play" and, as it turns out, also serving as a virtual "Best Of" from the past 15 years of The BRAD BLOG's coverage of e-voting failure and concerns. [Audio link to full show posted below.]

Ben Wofford's 8,500+ word feature today on how a group of computer scientists and cybersecurity experts coming out of Princeton University have, in recent years, been able to hack virtually every such system still in use across all 50 states in the U.S., details one story after another that we've either broken or covered in detail, and highlights the brilliant work of a bunch of the scientists and experts who I've interviewed on the blog or radio show or who have otherwise served as sources for much of my reporting over the years both at The BRAD BLOG and other publications.

(Just a very few of those greatest hit hacks from over the years: the Diebold Touch-Screen Virus Hack, the Sequoia Pac-Man Hack, the $26 Radio Shack Hack, the D.C. Internet Voting Hack.)

More importantly (as I detailed earlier today), Wofford's lengthy and well-researched report offers hints that even the computer scientists are finally beginning to concede that the most secure voting and counting system of all may be plain old, hand-marked paper ballots, publicly counted by hand at each precinct on election night before ballots are moved anywhere. (What I've long described as "Democracy's Gold Standard".)

As Shane Harris reports at The Daily Beast this week in his piece "How Hackers Could Destroy Election Day", there are many ways that electronic voting and tabulation threatens American democracy, including by someone merely claiming that the vote has been hacked, whether it really has been or not. "If you have a system that's been shown to have vulnerabilities, even if someone doesn't attack them, but creates the impression that they might have, in a closely contested elections you've got a problem," explains Johns Hopkins' computer scientist Avi Rubin, one of the first to detail the enormous vulnerabilities in computer tabulator source code (in systems made by Diebold, in that case.)

Also today: After the nation's most conservative federal appeals court recently found Texas Republicans violated the Voting Rights Act with their racially discriminatory Photo ID voting law, the state agrees to a court-ordered remedy that broadly expands ID types that may be used for voting, re-enfranchising at least 600,000 legally registered, disproportionately Dem-leaning Texas voters in the bargain.

Finally, Desi Doyen joins us for the latest Green News Report with some accountability in Michigan, and to bat down several persistent wingnut climate changes myths (from Donald Trump and WI's Republican Sen. Ron Johnson among others) that just won't die, no matter how much independently verifiable science gets thrown at them...

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