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By Brad Friedman on 4/8/2011 4:28pm PT  

Here is an update, along with some important thoughts on the WI Supreme Court election debacle which exploded out of Waukesha County yesterday, plunging that important election into utter disarray --- an election seen by many as a referendum on Gov. Scott Walker and the state GOP's legislating away many of the rights of state citizens to collectively bargain.

I am writing quickly as I scramble, once again to get to the studio on time to finish up my week tonight as guest host of the nationally syndicated Mike Malloy Show. I will, of course, speak again about these matters in greater detail on air this evening. So please forgive any typos or lack of clarity in the following for now.

First, some of the latest related news of note, and then some quick thoughts on this entire fine mess.

The campaign of Asst. Attorney General JoAnne Kloppenburg, now said to be trailing incumbent Justice David Prosser by some 7,500 votes, announced their intention last night to file an open records request "for all relevant documentation related to the reporting of election results in Waukesha County, as well as to the discovery and reporting of the errors announced by the County."

That's good. In addition, they ought to apply for an immediate court order for the quarantine, sequestration, and confiscation of all ballots, electronic voting systems (optical-scanners, Direct Recording Electronic machines, tabulators, etc), memory cards, and the computer systems of County Clerk Kathy Nickolaus as well, in hopes of assuring a complete, independent, transparent forensic investigation of the entire election by an independent party.

At the same time, the State Government Accountability Board (GAB) has announced today they are "dispatching officials to the Waukesha County Clerk's Office Friday afternoon to review procedures used in tallying results of Tuesday's Supreme Court election."

That's good too, and if they have the authority to confiscate the election materials as described above, they should exercise it immediately as well. Nickolaus should no longer be allowed anywhere near this election (or, frankly, any other, given her years of reckless behavior in her role as County Clerk.)

Others, including Citizen Action of Wisconsin, have called for a full federal investigation into "irregularities" in Waukesha County's vote-counting system. That would be both welcome and appropriate as well in this case.

With all of that said, and with full recognition of the absolutely shameful way the Right would have behaved had 14,000+ votes suddenly "appeared" in a Democratic stronghold, as they did in the heavily Republican Waukesha enclave (and as they had already begun to do prior to yesterday's stunning announcement, as can be seen in the Fox "News" appearance yesterday of the always shamefully irresponsible liar John Fund), there are reasons to regard the "new" numbers announced yesterday as "legitimate." Or, at least as "legitimate" as any of the other results announced based on ballots counted only by oft-failed, easily-manipulated computer systems in the state. (See our detailed explanation about those systems, and the very serious concerns about them, as we published on Wednesday, when the unofficial results had the race at a 204 vote margin.)

Here's why I feel that way. (Though, mind you, how I feel has nothing to do with what should or shouldn't be done here to restore integrity and appropriate oversight to the woeful election system in place in Waukesha. To be sure, there are many remaining questions that demand answers at this time in both Waukesha and elsewhere in the state.)...

--- Click here for REST OF STORY!... ---

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TONIGHT: Dave Weigel on the DC Budget Battle; Breaking (& Stunning!) WI Election News; Fukushima Update & MORE!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 4/7/2011 4:45pm PT  

[Now UPDATED with audio archives below.]

Late breaking news out of Wisconsin, and the continuing fight over a federal government shutdown in DC means we're going to have an even busier night than usual as my week guest hosting on the nationally syndicated Mike Malloy Show continues.

As usual, we're BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

  • DAVE WEIGEL Slate.com journalist/blogger and MSNBC contributor with the latest on the DC budget standoff.
  • JOHN WASHBURN Award-winning Wisconsin election integrity citizen advocate (and self-professed 'Ron Paul Republican' and Justice David Prosser voter!) of Fair Elections of WI with the latest news out of WI today and on GOP-floated rumors about "fraud" in the Supreme Court election. .
  • TYSON SLOCUM Director of Public Citizen's energy program on the latest out of Fukushima and the dangers and pitfalls of nuclear power and other fossil fuels. Award-winning Wisconsin election integrity citizen advocate (and self-professed 'Ron Paul Republican') with the latest news out of WI today and on GOP-floated rumors about "fraud" in the Supreme Court election. .
  • PLUS: Isn't that enough? Yes, there will be more! Plus your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: Wow. What a show. Especially on Wisconsin revelations tonight. The audio (and chat) archives all follow below...

--- Click here for REST OF STORY!... ---

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County Clerk Kathy Nickolaus, a GOP activists, previously criticized and audited for storing election results only on a personal computer in her office
UPDATED: New numbers now put state-sponsored recount just out of reach for Kloppenburg...
By Brad Friedman on 4/7/2011 4:04pm PT  

[Updated 4/8/11, 12:22am PT at bottom of article.]

As word was floating around this afternoon about a possible "book keeping error" discovered during canvassing of Tuesday's incredibly close Wisconsin Supreme Court election, an error that might give thousands of votes to Justice David Prosser in a race which he trailed by just 204 votes based on unofficial Election Night numbers, we idly wondered if the county in question might turn out to be the very controversial Kathy Nickolaus' Waukesha County.

And, whaddaya know...

BREAKING: Computer Error Could Give Prosser 7,381 More Votes, Victory
April 7, 2011 5:29 P.M. By Christian Schneider

After Tuesday night's Wisconsin Supreme Court election, a computer error in heavily Republican Waukesha County failed to send election results for the entire City of Brookfield to the Associated Press. The error, revealed today, would give incumbent Supreme Court Justice David Prosser a net 7,381 votes against his challenger, attorney Joanne Kloppenburg. On Wednesday, Kloppenburg declared victory after the AP reported she finished the election with a 204-vote lead, out of nearly 1.5 million votes cast.

On election night, AP results showed a turnout of 110,000 voters in Waukesha County - well short of the 180,000 voters that turned out last November, and 42 percent of the county's total turnout. By comparison, nearly 90 percent of Dane County voters who cast a ballot in November turned out to vote for Kloppenburg.

Prior to the election, Waukesha County Clerk Kathy Nickolaus was heavily criticized for her decision to keep the county results on an antiquated personal computer, rather than upgrade to a new data system being utilized statewide. Nickolaus cited security concerns for keeping the data herself - yet when she reported the data, it did not include the City of Brookfield, whose residents cast nearly 14,000 votes.

Throughout the day Thursday, official canvass numbers flipped the lead back and forth between Prosser and Kloppenburg. While many believed a recount was inevitable, the addition of the Brookfield votes for Prosser could push the justice's lead beyond the legal threshold that would trigger an automatic recount. Under state law, Kloppenburg could still ask for a recount up to three days after the official canvass, but would have to pay for it herself.

The above comes from the Rightwing National Review Online and is similarly reported at this hour at the similarly Rightwing Weekly Standard where Stephen F. Hayes adds that Nickolaus is also "a Republican activist":

[T]he discovery of the extra votes is sure to stoke the embers of the heated battles that have taken place across the state over the past two months, particularly because Nickolaus, the woman at the center of the controversy, is a Republican activist. A posting on the website of the Republican Women of Waukesha County indicates that Kathy Nickolaus recently served as president of that group.

As Schneider notes in the NRO piece, Waukesha's County Clerk Kathy Nickolaus had indeed come under scrutiny for her election procedures in the past. As The BRAD BLOG flagged back in August of 2010, it was discovered that Nickolaus keeps election results on her personal PC in her office, and only on her personal PC.

At a press conference moments ago, Nickolaus is said to have attributed the confusion in numbers to "save error" in Microsoft Access on her computer.

As we noted, quoting the Milwaukee Journal Sentinel last year in regard to questions about Nickolaus', um, unusual election procedures:

Waukesha County Clerk Kathy Nickolaus' decision to go it alone in how she collects and maintains election results has some county officials raising a red flag about the integrity of the system.

Nickolaus said she decided to take the election data collection and storage system off the county's computer network - and keep it on stand-alone personal computers accessible only in her office - for security reasons.

"What it gave me was good security of the elections from start to finish, without the ability of someone unauthorized to be involved," she said.

An audit of Nickolaus' election procedures was subsequently performed by the county and a number of recommendations to improve the security and accuracy of her system were made by the auditors. Among them, the recommendation that she stop using the same ID and password for three different employees in her office. Nickolaus claimed, in opposing that recommendation, that it would take too much time for one employee to log off before another one logged on with a different user ID.

When presented with the results of the audit at a County Board meeting in January after Nickolaus had refused to implement the recommendations, saying only that she would take them "into consideration," she was taken to task for what the Chairman of the Executive Committee described as her "smirks" during the discussion. Here is how the Journal Sentinel reported that meeting in January of this year...

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TONIGHT: Wisconsin deadlock! PLUS: Legendary FL election director Ion Sancho, MMFA's Eric Boehlert, Desi Doyen & More!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 4/6/2011 4:25pm PT  

[Now UPDATED with audio archives below!...]

We'll be picking up on last night's cliff-hanger in Wisconsin tonight, as our week guest hosting for the "Spring Breaking" Malloys continues on the nationally syndicated Mike Malloy Show.

As usual, we're BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

  • ION SANCHO With the Supreme Court election in Wisconsin coming down to a few more than 200 votes at this hour, we're reminded of the importance of assuring that all voters can vote and all votes are counted accurately. Florida (again) is now trying to keep that from happening in advance of 2012, as we'll discuss with Leon County's legendary Supervisor of Elections who has called the new GOP's new proposed election law "a travesty".
  • ERIC BOEHLERT, Senior Fellow at Media Matters for America, on today's news that Glenn Beck is losing his daily Fox "News" show.
  • DESI DOYEN, co-host and Managing Editor of the Green News Report on today's insane floor fight in both the House and Senate where Republicans were attempting to keep the EPA from doing their mandated job to help curb greenhouse gasses. Oh, the crazy.
  • PLUS: Lots on Wisconsin, Beck out at Fox, Budget showdown and much more, along with whatever else is on your mind via your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: The audio (and chat) archives of today's "Hump Day" show follow below. Enjoy!...

--- Click here for REST OF STORY!... ---

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'Proxy battle' judicial contest likely to see hand-count, which may - or may not - settle razor-thin race
UPDATE: Kloppenburg declares victory...
By Ernest A. Canning on 4/6/2011 1:21pm PT  

Guest blogged by Ernest A. Canning
• UPDATED 2:59pm PT with additional reporting from Brad Friedman

With 100% of the precincts now reporting unofficial results, Assistant Attorney General JoAnne Kloppenburg leads Justice David Prosser by a remarkably thin 204 votes out of some 1.5 million ballots cast in the Wisconsin Supreme Court race --- according to the computers that count votes in the state.

The unofficial numbers at this hour, according to AP's spreadsheet of those computer results, give Kloppenburg 740,090 votes to Prosser's 739,886.

Despite Kloppenburg's tiny reported lead, the race is virtual dead heat in what might otherwise be a little-noticed state Supreme Court election. The race, however, has been turned into a proxy battle between supporters of the state's controversial new Republican Gov. Scott Walker (who Prosser has allied himself with) and union workers and their supporters who oppose Walker and the state GOP's attempt to legislate away the freedom of citizens to collectively bargain through public worker unions. Outside groups, according to NYU's Brennan Center for Justice, are said to have spent a record $3.5 million on so-called "issue ads" to support their favored candidate in the closing days of the election.

For proponents of Election Integrity, there is both good news and bad in the Badger State. The good news: most of the state's voters used verifiable hand-marked paper ballots to record their votes yesterday. The bad news: Those ballots are counted by easily-manipulated, oft-failed computers instead of human beings; 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting machines are used by some voters with disabilities across the state; and, given close results, even if a hand-count of paper ballots occurs, as is likely, the number of votes cast on unverifiable DREs could end up being larger than the final margin between the two candidates --- meaning that it will be, literally, impossible to know for certain who actually won the election...

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TONIGHT: John Nichols, Howie Klein & Tim DeChristopher!...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 4/5/2011 4:10pm PT  

[Now UPDATED with audio archives below.]

Expect another busy night tonight, as my week guest hosting for the "Spring Breaking" Malloys continues on the nationally syndicated Mike Malloy Show tonight.

Once again, we'll be BradCasting LIVE tonight 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

  • JOHN NICHOLS of The Nation, LIVE from Madison, WI on the nationalized, bellwether Supreme Court election being held there today, which is being regarded as a proxy battle between the GOP/Gov. Scott Walker and the unions, the people and everybody else.
  • HOWIE KLEIN of Down With Tyranny, on what today's election may portend for the rest of the nation and for the 2012 elections, and on the continuing "budget showdown" in D.C.
  • TIM DECHRISTOPHER, Utah climate activist and national hero, on his remarkable attempt to disrupt an auction of 100,000 acres of federal land for oil and gas drilling during the Bush Administration, in hopes of keeping them out of corporate hands. And on his subsequent felony convictions for that act of civil disobedience, which he now intends to appeal.
  • PLUS: Everything else, and there's plenty of that, along with whatever's on your mind via your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: Tonight's show ended on a cliff-hanger! As the results of WI's Supreme Court election were just about 50/50 by the end of the show (and still seem to be exactly that late tonight!) Please enjoy the audio and chat archives from tonight's exciting show, both of which now follow below...

--- Click here for REST OF STORY!... ---

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PLUS: Rep. Hank Johnson (D-GA) my guest on tonight's 'Malloy'...
By Brad Friedman on 4/4/2011 2:11pm PT  

While prepping for tonight's Mike Malloy Show (which I will be busy guest hosting all week), here are just a few of the items which caught my eye so far today...in no particular order...

  • Record amounts of cash being spent by labor unions and the (supposedly grass-roots) "Tea Party" on tomorrow's Supreme Court election in Wisconsin, as the race between the unabashedly pro-Walker Justice David Prosser and Asst. Attorney General JoAnne Kloppenburg has turned into a proxy battle between the two clashing ideologies right now in WI. A defeat of Prosser would tilt the court's 4-3 majority from Right-leaning to not Right-leaning. The race is also seen as a bellwether for upcoming recall elections of GOP state Senators likely to occur there in the near future, as Ernie Canning reported on earlier today at The BRAD BLOG.
  • Nuclear triage. Workers at the Fukushima Daiichi nuclear plant in Japan are dumping 11.5 tons of "low-level" radioactive water into the ocean to make room in filled storage containers for the more radioactive water leaking from reactor Unit 2. They say they have "no choice," but to dump that water (with radiation levels 100 times over the legal limit) as they must continue injecting new water to cool the plant's four crippled reactors, even as the radiated water floods out. Over the weekend, workers were unsuccessful in their attempt to use polymer, sawdust and newspaper (BP "JunkShot" anyone?!) to plug an 8 inch crack in a flooded tunnel at Unit 2 said to be gushing highly radioactive water, at 100,000 times legal levels, into the ocean.
  • A sweeping new election law in Florida is working its way through the GOP-controlled state legislature along predictably partisan lines, just in time for the 2012 Presidential election there. Some of the proposed changes will make it much more difficult for non-partisan voter registration groups, such as the League of Women Voters, to do their work, and will likely lead to a huge increase in "provisional" (and, therefore, frequently uncounted) ballots. Leon County's highly-respected Supervisor of Elections Ion Sancho has called the bill "a travesty".
  • Former U.S. State Department spokesman P.J. Crowley --- recently forced to step down for referring to the treatment of alleged WikiLeaks leaker Bradley Manning as "stupid" --- compares WikiLeaks to the New York Times. The paper's Editor-in-Chief, who has been bashing Julian Assange and WikiLeaks themselves of late, even though the "paper of record" has written hundreds of stories based on WikiLeaks documents, will not be happy. Good. (Coverage at RAW STORY courtesy of BRAD BLOG alum David Edwards.)
  • Even Republican state Senators in Maine are beginning to become uncomfortable with the radical statements and extremist behavior of the state's new GOP Governor Paul LePage and are asking him to "tone it down". Beginning to see the writing on the wall, boys?

So what's on your radar?

In addition to some of the above possibly coming up for discussion tonight, we will definitely be discussing the U.S. Chamber Plot (which was to have targeted, among others, myself and my family) with my guest U.S. Rep. Hank Johnson (D-GA) who is trying to see some accountability in that horrific affair after House Republicans refused his request for investigative hearings into the matter.

Please tune in at 6p PT (9p ET) tonight --- and all week! We'll have live listening links and a lively chat room right here at The BRAD BLOG during those hours as usual!

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The Windy City relies on 100% unverifiable e-voting systems, tied to Hugo Chavez, with a track-record of infamous failure
Just ask Oprah!...
By Brad Friedman on 1/26/2011 6:05am PT  

[Update 1/27/11: IL's Supreme Court has determined Emanuel meets the residency requirements to run for Mayor in Chicago, overturning the lower court's ruling referenced below. Not that any of that makes any difference in regard to the details about Chicago's voting system as offered in the following article. So please read on.]

Perhaps you've been keeping up with the kerfuffle over the past day or two over former White House Chief of Staff Rahm Emanuel's bid to be on Chicago's ballot in the upcoming February mayoral race there. On Monday, a court determined his residency status was not sufficient and ordered him removed from the ballot, while on Tuesday the court of appeals has temporarily stayed that order, leaving him on the ballot for now, after agreeing to hear his appeal.

But in modern-day Chicago, "appearing on the ballot" is not quite as straightforward as one might think, given the 100% unverifiable touch-screen voting systems now forced on hundreds of thousands of voters in the Windy City.

Over the years, we've covered specific failures of the very same Sequoia e-voting systems that are used in Chicago and elsewhere across the country, as well as the remarkable duplicity of the company's top officials. So it seems like this would be a good moment to remind folks of the most disturbing Sequoia/Chicago related incidents.

One involves Oprah's "lost" vote on the Sequoia touch-screen systems used there in the 2008 Presidential general election, the other involves the CEO of Sequoia Voting Systems simply lying to Chicago officials about his company's direct business partnership with a Venezuelan e-voting firm tied to Hugo Chavez, and the fact that the Venezuelan firm, Smartmatic, still owns the intellectual property (IP) rights to the e-voting systems used by Chicago voters --- even as the new owners of Sequoia continue to lie about it...

--- Click here for REST OF STORY!... ---

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