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By Brad Friedman on 4/14/2011 9:18pm PT  

Guess what? As per our story published a few hours ago on the still-unexplained anomalies found in past Waukesha County, WI elections, it looks like the state's Government Accountability Board (the body which oversees elections in the state) can't understand County Clerk Kathy Nickolaus' explanations for the anomalous 2006 results either, where some 20,000 more votes were tallied than "ballots cast", according to her own reports.

Just in tonight from the Wisconsin State Journal: "State investigating vote irregularities in Waukesha County going back 5 years"

Our report from earlier this evening offers a great deal more detail on the anomalies in question, and includes explanation (of a sort) and comment from Nickolaus who, the Journal reports, "was unavailable for comment Wednesday and Thursday." She did, for whatever reason, manage to offer The BRAD BLOG comment on these concerns both yesterday and today, terse as it was. FWIW.

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Trying to get to the bottom of new anomalies discovered in County Clerk Kathy Nickolaus' bizarre election results...
By Brad Friedman on 4/14/2011 3:07pm PT  

Waukesha County, Wisconsin's County Clerk Kathy Nickolaus was already known, for some time, to be among the nation's worst elections official. And that's saying quite a bit. But new information being discovered over the past several days suggests she may be even worse than previously known --- which is also saying quite a bit.

We noted last Friday that the stunning 14,000+ "new" votes she announced as having discovered in the state's Supreme Court election from the city of Brookfield last Thursday actually weren't "new" at all. In fact, they were independently reported late on Election Night by Lisa Sink of the Brookfield Patch, exactly as they were eventually included in Nickolaus' final canvass report [XLS].

If anything, as we indicated in the same article, it is perhaps more troubling that the city of Brookfield's numbers didn't change at all from Election Night, suggesting that the ballots have never been examined by any human beings in order to assure the accuracy of the oft-failed, easily-manipulated optical-scanners used to tabulate the paper ballots in Waukesha (and across most of the state.)

That's just one reason why a complete public hand-count of all paper ballots should be carried out in Waukesha right now, presuming the chain of custody for those ballots can be demonstrated as having been secure since Election Night. Given the razor-thin margin of the still unofficial final results in the race between Justice David Prosser (a partisan Republican and avowed Gov. Scott Walker supporter) and the independent Asst. Attorney General JoAnne Kloppenburg, a similarly public hand-count of all paper ballots across the entire state should be a no-brainer at this point in order to achieve some form of confidence in the results of the, reportedly, incredibly close contest.

The "Protect Our Elections" campaign of VelvetRevolution.us has now publicly called for exactly that --- a public hand-count of all paper ballots across the entire state. [DISCLOSURE: The BRAD BLOG is a co-founder of VR.]

Last week, The BRAD BLOG also detailed some of Nickolaus' horrific record as County Clerk, and just a few of the embarrassments she's caused for her county, including her practice of keeping election results only on a circa 1995 personal computer in her office; using the same user ID and password for all of the employees allowed to access it; and refusing to release city-by-city, much less ward-by-ward election results on Election Night. (The latter is one of the reasons the "missing" 14,000+ votes weren't noticed by anyone in the media or citizenry earlier.) Those were just a few of the troubling concerns highlighted in an independent audit carried out on behalf of the County Board of Executives last year after they'd discovered many serious deficiencies and security concerns in Nickolaus' election procedures.

But now, thanks to some great citizen oversight --- to be sure, not easy to do in Nickolaus' county, as she makes it as absolutely as difficult as possible for citizens to oversee their own elections --- from a blogger at the Daily Kos, we learn still more troubling facts about elections and their administration in the very Republican-leaning Waukesha, including evidence suggesting 20,000 more votes than "ballots cast" were tallied by Nickolaus in the county's 2006 general election, and a remarkable 97.63% voter turnout there in the 2004 Presidential election.

We've been trying to get to the bottom of these anomalies since they were first discovered a few days ago, and we've been going back and forth with Nickolaus to try and clear them up. Here's what we've been able to figure out...

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

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By Brad Friedman on 4/13/2011 9:54pm PT  

My show on KPFK/Pacifica today follows below. We featured a quick word on Obama's fiscal speech today at George Washington University; quick updates on both the Fukushima nuclear crisis (with the lovely Desi Doyen) and the U.S. Chamber of Commerce plot to use tools developed for the "War on Terror" against progressives (including me and my family!)

The main segment is detailed coverage of the Wisconsin Supreme Court election debacle, including some fresh news with my guest John Washburn of Fair Elections Wisconsin, himself a Justice David Prosser voter, a self-described "Ron Paul Republican" and someone who has even spoken on behalf of the hapless Waukesha County Clerk Kathy Nickolaus in the past.

Even Washburn, as you'll hear, is unable to explain the holes in Nickolaus' explanation for the reason she failed to report 14,000+ votes from the city of Brookfield on Election Night, and for a number of newly discovered anomalies from previous elections in her county. (Though, since air time, we've finally been contacted by Nickolaus, and may soon have an explanation for some of those new anomalies as discussed during today's show.)

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

P.S. We're still trying to decide on a name for my weekly, half-hour KPFK show (Wednesday's at 3:30pm PT). "The BradCast" has been suggested by a number of folks, and it's not bad. Whaddaya think? Got any other ideas? Still open, pondering...

P.P.S. Here's the podcast RSS feed for the KPFK show each week, in case you'd like to subscribe (for free) and get notifications or downloads of new archives often sooner than I'm sometimes able to post them here!

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As originally aired on the 4/8/11 'Mike Malloy Show'...
By Brad Friedman on 4/11/2011 9:05am PT  

As several folks have requested, here is my "Special Comment" on "Democracy's Gold Standard" in the wake of Wisconsin's Supreme Election Debacle from my final night of the week guest hosting the Mike Malloy Show last Friday night. It's presented here in quick and dirty video form in hopes that it'll get a few more eyes and ears than just the audio would by itself...

Please see this article for more on "Democracy's Gold Standard." And here is Nancy Tobi's book: Hands-On Elections: An Informational Handbook for Running Real Elections, Using Real Paper Ballots, Counted by Real People.

A text transcript of the "Special Comment" follows below...

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

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TONIGHT: WI Debacle, DC Shutdown, David Dayen & Nicole Sandler!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 4/8/2011 5:00pm PT  

[Now UPDATED with audio archives from tonight below.]

What? The week is over already?! It's our last night for a while sitting in as guest host for nationally syndicated Mike Malloy Show. It's been a great, if exhausting week since we began last Friday. (We're schedule to return in June, if not before.)

Tonight, as ever, we'll be 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):

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: Thanks all for a great, if exhausting week on the Mike Malloy Show! We're scheduled to be back for Mike in June (if not before). See ya then! Tonight's fun Friday audio (and chat room) archives follow below...

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

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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...

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

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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...

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

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