Waukesha County's oft-failed election administrator, Kathy Nickolaus will not participate in the upcoming recall elections for Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

The BRAD BLOG first learned the news from a Wisconsin Election Integrity advocate late this afternoon, and it has now been confirmed with a statement issued by the office of Waukesha County Executive Dan Vrakas.

Her decision to recuse herself from the May 8th recall primaries and June 5th recall general elections comes on the heels of yet another embarrassing election administration failure this past Tuesday by the controversial County Clerk in one of the Badger State's most Republican counties.

According to Vrakas' statement, the elected Nickolaus --- who will face her own re-election contest later this year --- was given two choices by the County Executive, either resign or step aside for the upcoming recall elections.

"In a meeting this afternoon I presented two options to Waukesha County Clerk Kathy Nickolaus," Vrakas' statement reads, "resignation, or designating the deputy clerk to run the upcoming recall election."

"Kathy agreed to hand off her election duties to the deputy county clerk in order to avoid my public call for her resignation," says Vrakas. "In stepping aside, Kathy also agreed to allow outside consultants and county staff to work side-by-side with the deputy clerk to help restore confidence in our election process. The county will move swiftly to examine the election night procedures in the County Clerk’s Office and make changes as necessary to restore public’s confidence in our elections."

Calls for her resignation occurred once again following her failure to post local election results online in a timely fashion on the night of the April 3rd primary elections this week.

The BRAD BLOG has been reporting on the many election administration failures of Nickolaus going back as far as 2010 when she refused to change a number of procedures at the request of County Executives after an audit found serious deficiencies in her security processes, such as failing to post election results online, and tracking them only on a personal computer in her own office. But it was the April 5, 2011 election for state Supreme Court (exactly one year ago today) that brought national infamy to Nickolaus...

The Republican special prosecutor recently appointed to investigate allegations by WI Supreme Court Justice Ann Walsh Bradley that her fellow anger-management challenged Justice David Prosser had placed her in a "choke-hold" during recent deliberations over the anti-union legislation of Prosser's former colleague Gov. Scott Walker.

See Milwaukee's Journal-Sentinel coverage of this news yesterday for the complete, insane details.

In a terse announcement from the prosecutor, Sauk County District Attorney Patricia Barrett would say only that she had "determined that no criminal charges will be filed against either Justice Bradley or Justice Prosser for the incident on June 13, 2011."

The letter notes that Barrett reviewed transcribed reports from law enforcement officials given to her after Dane County Democratic District Attorney Ismael Ozanne recused himself from the case, as the matter over which the Supreme Dispute took place was a lawsuit he had brought charging that the anti-union bill in question was passed by Republican legislators in violation of the state's open meetings law. The newly-assigned prosecutor also reviewed an audiotape interview with Prosser who was, apparently, the only one who had a taped interview. In addition to Bradley, four of the other Justices were said to have been witness to the fracas.

According to the Journal-Sentinel, "Barrett declined to say whether she had rejected charges because no criminal conduct had occurred or because no crime could be proven to a jury. She would say only that a case must meet both those standards before a prosecutor could bring charges"...

In a written statement following word that there would be no criminal charges, Prosser said Bradley "made the decision to sensationalize an incident that occurred at the Supreme Court." He said he "was confident the truth would come out and it did. I am gratified that the prosecutor found these scurrilous charges were without merit."

That is not, of course, what the prosecutor actually stated that she found...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Wisconsin's old State Elections Board website (http://elections.state.wi.us/) appears to have been "hacked by Sovalye"...

[Hat-tip Election Integrity advocates Jeannie Dean, Neal Schulz and the folks at the Facebook Election Integrity group.]

[Update 7:19p CT: It looks as if officials have now restored the site. Sort of. Hat-tip again to Neal Schulz.]

The State Elections Board was replaced by the WI Government Accountability Board (G.A.B.) in 2008 as the state's top election authority, combining responsibilities of both the Elections Board and the State Ethics Board into the agency. The G.A.B.'s website (http://gab.wi.gov/) does not appear to be hacked. For now.

Of course, that's just a website, not an actual election or e-voting database. So just because the state's Elections Board website proved to be insecure and was hacked does not mean their actual elections are vulnerable to hacking in any way, shape or form, right? That, even though the state, shamefully, does not bother to check even a single ballot to make sure it has been tallied accurately during an election by its computer op-scanners made by Diebold, Sequoia, and ES&S.

Why worry?

The BRAD BLOG has been warning about the manipulation of e-voting systems for years, along with members of the world's computer science and cyber security communities, and even the CIA, as our own Ernie Canning noted just last week. And yet, our nation continues to use the same vulnerable e-voting systems to tally our elections, rather than bothering to count them with our own, far more reliable and verifiable, hands and eyes, as per Democracy's Gold Standard.

I could link back to all sorts of e-voting hacks we've reported on over the years here, like this one from Princeton in 2006 or this one from the U. of MI in 2010 or this bone-chilling warning from the CIA in 2009, but they'll mostly likely just be ignored. Again.

Instead, we'll just tease you for now with news of yet another new e-voting hack --- perhaps the most disturbing one yet in a number of ways --- that we'll be reporting on very soon. Let's call that one a special delivery for election officials like Jones County, MS, Circuit Clerk Bart Gavin, who reportedly told his county Board of Supervisors this past week that the Diebold touch-screen voting machines used by the entire county "record every vote and there is no way for them to be tampered with."

Really, Bart? You're gonna stick with that, are ya?

Guest blogged by Ernest A. Canning

Controversial Wisconsin state Supreme Court Justice David Prosser has a new special investigator looking into allegations of assault made against him by another sitting Supreme Court Justice.

At the request of Dane County Circuit Judge William Faust, Sauk County District Attorney Patricia Barrett (R) agreed to serve as a special prosecutor regarding the physical assault and battery allegations made by WI Supreme Court Justice Ann Walsh Bradley. Bradley claims that Prosser placed her in a "chokehold" during a contentious argument about the overturning of a lower court ruling on Gov. Scott Walker's controversial and hastily enacted union-busting legislation. The lower court found that it was passed in violation of the state's open meeting law and is therefore null and void. Prosser and his 3 colleagues on the bench who enjoy a 4 to 3 Right-leaning majority on the state's high court, eventually overturned the lower court's ruling. Bradley was in the minority.

According to Tim McCumber, the head of the Sauk County GOP, Barrett is essentially an independent who ran for DA in 1994 as a Republican to get onto the ballot in a GOP-dominated county. Barrett, who is 62 and plans to retire in the fall of 2012, stated that she does not see either the sheriff's or prosecutor's jobs as a partisan one.

Justice Bradley's allegations are also the subject of of an internal investigation by the WI Judicial Commission.

The key question is whether Barrett and the WI Judicial Commission can proceed in their investigations on the basis of the facts and the law? What is at stake is not simply a possible Class A Misdemeanor Battery charge against a sitting Supreme Court Justice. The very survival of the rule of law in the Badger state is spotlighted here. All if this happens with a backdrop of a billionaire-funded, partisan onslaught on fundamental fairness and democracy, not only as it pertains to the electoral process, but in how the state's executive, legislative and judicial branches of government function...

We were off the grid for much of last week, blissfully ignorant somewhere in the mountains of Arizona, as the first of Wisconsin's series of state Senate recall-related elections took place last Tuesday. Thanks to, quite literally, "fake Democrats" put up by the state Republican Party, the six elections held last Tuesday were forced to be Democratic primary elections, instead of Republican recall elections, as the state GOP hoped to game the system to buy more time before six of their state Senators will be forced to face the real recall elections.

Last week's, largely pointless elections cost the state nearly half a million bucks. Remember that fake "budget emergency" the GOP and Scott Walker claimed as their reason for the need to strip the right of citizens to collectively bargain with the state? Guess the state wasn't in such dire straits after all, since they could afford to blow money on elections meant only to buy Republicans time to stave off the unprecedented recall challenges.

The real recall elections to unseat six Republican state Senators are now scheduled for August, as all six of the real Democrats soundly defeated each of the Republicans' "fake Democrats" in last week's primaries. At least according to Wisconsin's unverified, computer-tabulated results. 5 of the 6 real Dems reportedly received over 60% of the vote against their fake opponents. One received 54%.

Yesterday, there were three more elections in the Badger State. One actual recall election against a Democratic state Senator, and two Republican primaries featuring real GOP candidates vying for the nomination to take on the other two Democratic state Senators facing recall elections scheduled for August.

The Dem facing the recall yesterday handily defeated his Republican challenger, but we'll defer to Daily Kos' David Nir for his smart summary of the computer-reported results...

If the state Dems are able to pick up just three of the Republican seats, out of the six in contention next month --- without losing either of the two remaining recall elections that the Dems still face --- they'll take the majority back from the Republicans to effectively neuter the hard Right Republican Gov. Scott Walker agenda until he too is likely to be up for his own recall election next year.

In Wisconsin, however, as in all of our states at this point, the wild cards are always the electronic voting systems and access to them. To that end, there are a few more recently-related items of note to make sure you have on your radar. At least two of them involve "our old friend" and transparent democracy's enemy, Kathy Nickolaus, the now-infamous Republican County Clerk of Waukesha County...

Guest blogged by Emily Levy

Two national election integrity organizations jointly conducted exit polling at a pair of poll sites yesterday, during round one of Wisconsin's recall elections. Election Defense Alliance (EDA) and Protect California Ballots teamed up with local activists to poll voters as they exited from voting in now-infamous Waukesha County, with the goal of checking the accuracy of the official election results.

According to a press release (see below) issued yesterday by EDA, despite local volunteer pollsters being equipped with copies of regulations from Wisconsin's Government Accountability Board (G.A.B.), the state's top election authority, and a letter from the agency's Executive Director outlining permission for exit polling, the rules were apparently changed during the day and pollsters forbidden to hand out the exit polling 'ballot' voters were asked to complete anonymously.

EDA National Chairperson Sally Castleman told The BRAD BLOG, "The numerous red flags that came to light in the Wisconsin Supreme Court election this spring alerted many Wisconsinites to the need for citizen oversight in their elections. With official vote counts being conducted secretly inside computers, exit polling is one of the very, very few mechanisms left to the public for assessing the legitimacy of official outcomes." Castleman added, "We need to see this level of public participation all over the nation in order to halt the privatization of our elections."

Full text of press release:

See Eric Kleefeld's coverage at TalkingPointsMemo for background on the WI recall elections and the announced outcome of yesterday's Democratic primary recall elections. Round two of the recalls will be held next Tuesday, July 19, when two more primaries and one general recall election (two Republican primaries, and one Democratic state Senator facing a recall) will be held.

UPDATE 7/15/11: Reid Magney, spokesperson for Wisconsin's G.A.B., wanted to offer the board's point of view on their ruling which effectively shut down the EDA's exit polling by forcing pollsters to move outside of the 100 ft. zone around the polling place, as the group noted in their press release posted above. His response follows in full below, along with EDA's response to Magney's remarks...

Good lord. What next? Does WI Supreme Court Justice David Prosser need to strangle a baby on camera before members of all political parties in the state fully realize how absolutely inappropriate this man is for holding a seat on their highest court?

Following on the recently reported allegations that he placed a fellow justice into a chokehold during a contentious debate about the legality of the controversial anti-union legislation of Prosser's former colleague, Gov. Scott Walker, a local news team --- this time on camera --- caught another glimpse at Prosser's long-reported anger management problems.

A reporter from a local Fox affiliate attempted to get answers from Supreme Court justices about the choking issue, as six of the seven were said to have been present at the mid-June incident. He was able to confront four of them with questions, but only one, Prosser, snatched the mic out of his hand in anger, before quickly handing it back.

Watch:

Both the Dane County Sheriff's office and the Wisconsin Judicial Commission are now investigating the claims that on June 13th Prosser placed both hands around the neck of fellow Justice Ann Walsh Bradley during deliberations on Walker's bill which strips many rights from citizens to collectively bargain with the government. In a statement, Prosser says the assault claim "will be proven false."

The mic snatching incident, as well as the choking allegations, are just the latest in a long line of examples and allegations concerning the hard-right Republican Prosser's problems with anger management, truth-telling and even criminality...

Wisconsin's far Rightwing Republican Supreme Court Justice David Prosser has come up with a novel way of demonstrating his fake conservative bona fides. According to a report over the weekend by the Milwaukee Journal Sentinel (a paper which endorsed Prosser in his recent Supreme Court election bid), Prosser is said to have attempted to make government smaller a few weeks ago, by placing fellow Supreme Court Justice Ann Walsh Bradley into a chokehold.

Hey, at least he didn't attempt to drown her in a bathtub.

"The facts are that I was demanding that he get out of my office and he put his hands around my neck in anger in a chokehold," Bradley told the Journal Sentinel.

The incident, confirmed to the paper by other sources also present when it is said to have occurred, happened on the day prior to the court's decision on the legality of Gov. Scott Walker's bill legislating away the right for public employees to collectively bargain.

An alternate description of the incident, offered by supporters of Prosser's, is that he, not Bradley, was the victim in the alleged assault. Prosser has claimed victim-hood in other incidents in the recent past after being called out for abusive treatment of his fellow (female) Supreme Court Justices...

[Now UPDATED with tonight's audio archives below...]

It's our final night for a while guest hosting the nationally syndicated Mike Malloy Show as the Malloys return from summer break tomorrow night! [Pausing for cheers.]

So we're back for one more night, BradCasting LIVE 9pm-Mid ET (6p-9p PT) tonight, 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):

• ME, YOU (AND DESI DOYEN!), Yup, we'll be taking the opportunity to catch up on all the stuff we haven't been able to cover over the past week, including Wisconsin, GOP voter fraud and much more, and even a visit from the Green News Reports' Desi Doyen!

• PLUS: Anything else of note today, and whatever is on your mind via calls to 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: My thanks to you all for a great week on the Malloy Show! We'll meet again, don't know where, don't know when...but until then, you can listen to tonight's commercial-free audio archives and read the chat room archives, all down below. Enjoy!...

[Now UPDATED with audio archives below...]

We're back guest hosting the nationally syndicated Mike Malloy Show for the next few weeknights --- tonight through next Tuesday! Hope you can join us!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT) each night, 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):

• FRED KARGER, the GOP 2012 Presidential candidate who has filed a "voter fraud" complaint against GOP front-running Mitt Romney in MA. Karger, as the first openly gay Presidential candidate from a major party is also an activist, who organized boycotts against many of the corporate supporters of CA's Prop 8 banning marriage equality in the state. LIVE IN STUDIO!
• ERNEST CANNING, attorney and The BRAD BLOG's legal correspondent on the recent incitement to violence/murder by Rightwing broadcaster Neil Boortz over our public airwaves.
• PLUS: Media and Democratic Party idiocy over Anthony Weiner; good (and bad) news on Constitutional rights; Bush admin CIA targeted an American middle-east expert/blogger; Fake civil war in the Republican/U.S. Chamber of Commerce Party; and much more, including whatever's on your mind via calls to 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: Fast-paced show, with a GREAT interview with Fred Karger right in the middle! Be sure to give it a listen! The audio archives (and chat room archives) follow below. See ya again tomorrow night!...

Good news for Constitutional conservatives such as myself today in two out of three noteworthy court decisions in three separate courts, at least in regards to the rights of we, the people.

Let's start with the two good news items, both related to the Constitutional right to equal protection under the law, and then the not-so-good news item, the one out of Wisconsin, where a predictable partisan divide succeeded in removing rights from American citizens...

Guest blogged by Ernest A. Canning

For nearly two months, The BRAD BLOG has furnished in-depth coverage and analysis of the contentious WI Supreme Court election. Our coverage not only focused on the horse race, but, more vitally, on the vulnerabilities of the Badger State's e-voting systems, its lack of transparency, massive violations of basic chain-of-custody procedures revealed during the woeful, nearly-month long "recount" process, concluding with the state Government Accountability Board (G.A.B.)'s certification of the election results as "accurate" despite all of the above, and despite never having received the minutes of the Waukesha County "recount," as mandated by state law.

Beginning with our April 6 article, "WI Supreme Court Election Virtually Deadlocked, According to the Machines Anyway," and ending with the May 31 coverage of WI Asst. Attorney General JoAnne Kloppenburg's description of a "cascade of irregularities" during her concession speech, followed by Brad Friedman's exclusive June 1 interview with Kloppenburg on KPFK, we've offered an extensive and independently verifiable historical record of the extraordinary and exploitable flaws discovered and exposed in the state's electoral system.

Unfortunately, as has repeatedly occurred with thousands of election integrity articles published by The BRAD BLOG over the past seven and a half years, the issues concerning lack of transparency, the potential for insider election fraud, and a reliance upon "faith-based" electoral results, with rare, against-the-grain exceptions, have been greeted by a silence within our hollowed-out, corporate-owned mainstream media that has been so deafening as to call to mind an Orwellian suppression of public consciousness.

"If the Party could thrust its hand into the past and say...it never happened," penned George Orwell in his classic 1984, "that, surely, was more terrifying than mere torture and death."...

On my KPFK/Pacifica Radio show today (heard on Wednesdays at 3:30pm PT in Los Angeles, Santa Barbara, San Diego & around the world on KPFK.org) I spoke live with WI Asst. Attorney General JoAnne Kloppenburg. It was her first interview since conceding the highly-contentious and incredibly close WI Supreme Court election and "recount" yesterday to incumbent Justice David Prosser.

Given the state media's shamefully bad coverage of the disastrous "recount", the interview may well be the only one, as short as it was, in which she was able to address accountability for the "cascade of widespread irregularities", as she described them during her concession speech, which plagued the state's certified results.

"How do you know," I asked her at one point during our conversation, "that, given the wild, widespread irregularities --- these wide open ballot bags, tamper-evident seals that were broken, serial numbers that were missing, scratched out, changed --- how do you know that those ballots that were counted during the recount process were actually the ballots that were cast by the voters on Election Day?"

Her disturbing but unavoidable answer: "At this point, we don't know. All we have to go on is the hand count, and the extent to which they're consistent with the tapes in the [voting] machines."

You can listen to my follow up, and much more of what she had to say about the election, the "recount", her still-pending request for an independent investigation of controversial Waukesha County Clerk Kathy Nickolaus, and the failure of the state's top election authority, the Government Accountability Board (G.A.B.), to assure that statutory security processes, meant to deter both malfeasance and malfunction, were actually followed...

Download MP3, or listen online below [appx 28 mins]...

For much more specific information on what we discussed during the interview, including photographs of "wide open" ballot bags, missing seals and serial numbers, other blatant chain of custody violations discovered during the course of the "recount" across the state, and particularly in Waukesha County, please see some of The BRAD BLOG's extensively detailed most-recently related coverage as linked below...

[6/1/11 Ed Note: Kloppenburg was my guest today on my KPFK/Pacifica radio show here in Los Angeles. It was her first interview since conceding yesterday. The audio archive is now here. - BF]

Citing a "cascade of irregularities," thousands of tabulation errors discovered during the statewide "recount," and tens of thousands of ballots found to be unverifiable or otherwise having been in violation of the secure chain of custody, Wisconsin's independent Asst. AG JoAnne Kloppenburg conceded the Wisconsin Supreme Court Election for a 10-year term on the bench to Republican incumbent Justice David Prosser this afternoon at a press conference held in Madison.

"Votes were found to be miscounted in every county in the State," Kloppenburg said in her prepared remarks. [Her complete remarks are posted at the end of this article.].

"Over 150 ballot bags containing tens of thousands of votes were found open, unsealed or torn. Waukesha County had twice as many torn, open or unsealed bags as every other county in the state combined. In many cases, municipal clerks in Waukesha testified the bags weren’t torn when they left cities, towns and villages so the security breaches occurred sometime when the bags were in Waukesha County’s custody."

She continued: "Most every county and most every reporting unit statewide had discrepancies in reconciling poll books in which the number of voters and the number of absentee voters is recorded. In several counties, including Dane, Milwaukee, Marquette and Jackson, missing or uncounted ballots were found in unexpected places during the recount, such as a clerk’s office or left in machines."

Despite the widespread irregularities --- and despite the fact that state officials at the Government Accountability (G.A.B.), the state's top election authority, failed to review thousands of pages of minutes, including hundreds of exhibits recorded during the "recount" documenting the irregularities, as The BRAD BLOG reported exclusively last night --- Kloppenburg announced she would not file for a judicial review of the certified results.

"This recount should serve as a wake-up call to improve Wisconsin’s election processes," the Asst. AG explained to the gathered media...