We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

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On today's BradCast, some potentially good news for Philadelphia voters (and, thus, voters across the entire country), after a citizen led effort has resulted in the state of Pennsylvania re-examining its certification of a shockingly vulnerable --- and wholly unverifiable --- new touchscreen voting system selected by the city earlier this year (under questionable circumstances) for use in upcoming elections. [Audio link to show is posted below.]

But first up, before we get to our guest today and the astonishing election integrity nightmare against which he is working with a coaltion on the ground in Philly to try and save democracy there, a few quick news items to start the show. Those include the now-deadly, climate change-fueled heat wave bearing down on dozens of states and millions of Americans and the latest on the dangerously intensifying disputes in the Persian Gulf --- thanks to Trump pulling out of the landmark 2015 anti-nuclear deal.

Then, last May, Sen. Ron Wyden (D-OR) introduced a bill in the U.S. Senate that would mandate HAND-MARKED paper ballots for every voter in the country, to help hedge against the possibility --- some may say likelihood --- of manipulated or erroneous elections results, and to help assure that results are publicly verifiable after elections. His bill, the Protect America's Voting and Elections (or PAVE) Act of 2019 now languishes in the Senate, despite passage of a bill in the House that also mandates HAND-MARKED paper ballots for all, thanks to Republican Majority Leader Mitch McConnell's vow to disallow a vote on any election-related bills that might make our democracy more secure and overseeable in advance of the 2020 Presidential elections.

The White House has been similarly disinterested in improving election security and oversight, though Trump-appointed Director of National Intelligence, Dan Coats, the nation's "top spy" announced a new initiative today said to help the Intelligence Community coordinate their response to potential election manipulation, at least from foreign threats. Domestic threats, including from election insiders --- such as contractors from the private vendors who run much of America's elections, as well as simple programming errors or other manipulation by elections officials --- remain both as serious and much more difficult to guard against. Election protection ultimately comes down to public oversight, at the local level, of verified election results.

To that end, an Election Integrity coalition in Philadelphia this week has successfully petitioned the state of Pennsylvania to reexamine the Commonwealth's previous certification of a wildly dangerous and vulnerable new computer Ballot Marking Device (BMD) made by the nation's largest (and, arguably, most failed) private vendor, Election Systems and Software, Inc. (ES&S). The company's new ExpressVote XL is a 100% unverifiable touchscreen BMD system recently contracted for use by the Philadelphia Elections Board for use in upcoming elections, beginning with municipal elections this November and the Presidential contest next year.

We're joined today by KEVIN SKOGLUND, election integrity expert and Chief Technologist for the non-partisan Citizens for Better Elections, which, along with others in the Protect Our Vote Philly coalition petitioned the state for a re-examination of the ExpressVote XL. The costly voting and tabulation system --- one must be purchased for each voter voting at the same time in every precinct --- is described as a "universal" or "all-in-one" system, because one computer in the system is used to mark and print a voters ballot, and a second computer in the same system is then used to optically-scan and tabulate that ballot.

The system, chosen under a mysteriously truncated process by the Philadelphia Commissioners earlier this year --- "without any public or expert input" and with "no criteria for things like security, and resilience, and accessibility" as Skoglund tells me --- also violates state election code in numerous ways, as detailed in the citizen groups' petition to the state filed on Tuesday. Most alarmingly, however --- especially given the importance of Philly's one million votes to be cast in the crucial Keystone State during next year's Presidential election --- is a remarkable security design flaw in the ES&S ExpressVote XL.

In short (Skoglund offers more details on the show), the system allows the Ballot Marking Device's printer to change votes on the computer-printed ballot summary card before it is tallied but after the voter has already been given the opportunity to approve what was initially printed on the ballot summary card by the computer! In other words, of all of the terrible, 100% unverifiable BMD voting systems that Pennsylvania's Democratic stronghold of Philadelphia could have chosen, its City Commission chose the absolute most dangerous and unverifiable one.

"After this machine was certified in Pennsylvania, security researchers determined that there was a big flaw in these machines. That flaw is that they have a single paper path. It takes the blank piece of paper, it sends it to a printer, you make your selections on the screen, it prints those on the piece of paper, puts them back in front of the voter so that the voter can look at them and say whether or not they're happy with those selections. And once the voter says 'Yes, this is the ballot that I intend to cast, I am happy with these selections' and they press the button on the machine, it sends that card back through the same printer again before it goes to to the tabulator," Skoglund explains. "That means the machine has the opportunity to mark on that ballot --- potentially changing votes on it, invalidating votes on it, adding votes to it, basically changing what the voter cast." And, of course, the voter would never know.

While recent studies have found that most voters do not even bother to verify computer-marked paper ballots, and that of those who do, many do not notice if the computer has changed their selections, "The voter can do everything that's asked of them, do everything right, they can verify that ballot, and it still might not end up being the vote that gets cast. This is a violation of a fundamental principle of being able to audit these paper ballots. It's the whole reason we're going to paper ballots, to have good evidence of what the voter intended."

Skoglund explains, however, that it's not just Philadelphia preparing to use these systems in 2020. Other counties in PA are considering them as well, even though they are at least twice the price of a paper ballot system. Similarly states such as New Jersey and Delaware are moving to these same, horrible, unsecure systems. Elsewhere, jurisdictions from Georgia to Ohio to Kansas to Texas to Los Angeles are all preparing to move to only slightly less vulnerable (if equally unverifiable) BMD systems for 2020. That, instead of simpler, cheaper and actually verifiable HAND-MARKED paper ballot systems.

All of that is just part of what we discuss with Skoglund today that will likely leave your jaw hanging open as you wonder what the hell these people are thinking, and why it is that McConnell has disallowed Wyden's PAVE Act --- requiring HAND-MARKED paper ballots for all --- from becoming the law of the land long ago...

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On today's BradCast, we've got an exclusive interview with CHRIS VICKERY, Director of Cyber Risk Research at the cyber security firm UpGuard. Vickery revealed late last week on Twitter that he discovered files, including administrative master passwords for voting systems, at the North Carolina State Board of Elections website that were left vulnerable and available online for anyone to download, prior to the 2018 election. Today he explains the evidence that suggests these files may have been available as early as February of 2016, months before that year's controversial Presidential election. [Audio link to full show is posted at bottom of article.]

The files were found by Vickery unencrypted and with no password needed to retrieve them from the site. He tells me today that there were so many files and screenshots (see a redacted snippet from one of the password screenshots in the graphic above), that he's not even sure if they number in the hundreds or thousands.

The longtime cyber security researcher says he promptly notified state officials of the discovery last year, before the 2018 elections, and that the state, shortly thereafter, set the files in question and their directories to "private". In response to a commenter on his short Twitter thread revealing the potential security breech late last Friday, however, he notes that "someone would have had to actively choose to make the file repository available to the entire world. It is not unprotected by default."

He tells me today that he is "very concerned" about the exposure and would "like to know who the data was intended for. If you put it up somewhere, you're intending it to be accessed by somebody. So who did they aim this for? I would love to know that." Indeed, he also shared an email with me over the weekend that was posted in the same directory as the passwords screenshot, in which a State Board of Elections official notes: "The attached screen shots should show just about all of the settings you will need for contests and candidates" in the ES&S iVotronic Image Management program, part of the computer voting system which defines where candidates selected by voters are placed on the electronic ballots and optical-scan systems.

Vickery says he decided to go public with the disclosure following the Washington Post exclusive last week reporting that federal investigators at the Dept. of Homeland Security have finally agreed to work with NC on a forensic investigation of the state's voter registration computers which inexplicably failed during the 2016 Presidential Election, on Election Day, in parts of the state. That announcement via the Post comes on the heels of Robert Mueller's redacted report [PDF] (see Volume 2, page 50, "Intrusions Targeting the Administration of U.S. Elections"), in which the Special Counsel briefly details how Russian Military Intelligence operatives were able to penetrate the voter registration systems of "at least one" county in Florida. Just over a week ago, the new Republican Governor of Florida announced he was notified by the FBI that, in fact, two counties had, in fact, been penetrated via a spearphishing attack on VR Systems, the private vendor contracted to run those voter registration systems.

VR Systems also supplies similar systems in about half a dozen other U.S. states, one of them being North Carolina. But, as Vickery notes, the password files that he found exposed on the Internet last year were not for registration systems, but for the state's computer voting machines, scanners and tabulation systems made by private vendor ES&S (the nation's largest), as used across most of the state of North Carolina. And ALL of this comes after we have been trying to point out on The BradCast for the last two and a half years that nobody --- not the FBI, not DHS, not the states themselves, nor even Mueller's Special Counsel team, as he admits --- ever carried out a forensic investigation of the computer voting, registration or tabulation systems in use in any of the states in 2016, despite that election's surprise ending in which Donald Trump purportedly won by a razor thin margin.

In his first broadcast interview on these new revelations, Vickery explains how he discovered the files, how the state responded when he told them about the vulnerability last year, whether the DHS has contacted him since he revealed his findings on Friday, and how serious of a potential security breech this is, especially given the extraordinary effort that the U.S. Intelligence Community and the Mueller Report claim Russia expended in hopes of interfering in the 2016 Presidential election. "When you have computers, and software, and firmware updating passwords and modems all mixed in together, you have the capability to do a lot of crazy stuff," he says, in response to my question about whether these passwords could have been used to alter or upload false results. "It's not out of the realm of possibility, but I have no specific reason to believe that happened. But that is kind of a frightening concept to realize that all of the ingredients are there."

Disturbingly, Vickery's report is startlingly similar to one revealed last year by Kim Zetter at Politico in the state of Georgia, regarding a security researcher who found millions of voter registrations along with voting system administrative passwords online and vulnerable to download without a password, prior to the Peach State's 2016 elections.

Also today: The last many weeks of climate changed-fueled weather disasters move from the Central U.S. to the SouthEast, with a month's worth of rain falling in one day over this past weekend (yet the DNC still won't allow a 2020 Presidential candidate debate focused solely on climate change!); Donald Trump pretends that his backing off of a threat to tax Americans who purchase imported goods from Mexico is a great negotiation victory; And we take a few calls on our disturbing interview with Vickery, including from one listener who quips that NC "left the combination of the safe written on top of the door"...

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On today's BradCast, we're sending up a warning flare, a red flag, hoping to raise your attention to the very troubling plans by Democrats to begin the use of online voting, in some form, along with their 2020 Presidential caucuses next year! [Audio link to show is posted at end of article.]

But first, It was a very dark day in New Zealand on Friday, as a white supremacist unleashed a terror attack on two Muslim mosques in Christchurch, killing at least 49 in the massacre, with dozens still in the hospital, many in critical condition. But it was a much brighter day elsewhere around the globe as inspiring "school strikes" took place in more than 100 cities, with children walking out of class to march in protest for action on climate change from the South Pacific to the edge of the arctic circle, from San Francisco to D.C., from Spain to Berlin, from Africa to Poland and beyond.

Hundreds of thousands of young protesters inspired by 16-year old Swedish activist Greta Thunberg --- who began her own solitary school strike last year and is now nominated for a Nobel Peace Prize --- took to the streets, demanding immediate action from politicians to help save all of our futures by curbing man-made fossil fuel emissions which, as scientists have warned for decades, are dangerously warming the global climate and speeding the planet toward catastrophic danger.

Then --- in hopes of replacing ineffective politicians and climate science deniers --- we move to U.S. elections, where even Rightwingers (at least some of them) in Georgia now understand the perils of touchscreen computer Ballot Marking Devices. The rightwing group FreedomWorks has joined the fight against BMDs in the Peach State, where vote-suppressing Republican Governor and former Sec. of State Brian Kemp has lobbied state legislators hard to replace the state's 17-year old, easily-hacked, oft-failed 100 percent unverifiable touchscreen voting system with all new unverifiable touchscreen BMD systems at a cost of at least $150 million.

The bill to enact this boondoggle, HR316, will see one more vote for approval in Georgia's House before it's sent to the Governor's desk. Today, we share some of the lobbying efforts against the measure by Lt. Col. Tony Shaffer who is, believe it or not, a cybersecurity expert and National Security Advisor for Trump 2020. He is calling for hand-marked paper ballots in Georgia and in other states --- such as Pennsylvania, Ohio, New Jersey, Delaware, Texas, Kansas and California --- where county election officials are handing millions to private voting system vendors for unverifiable, unnecessary systems that cybersecurity and voting system experts strongly warn against.

Finally --- speaking of unheeded warnings --- we are joined today by STEVEN ROSENFELD of the Independent Media Foundation's Voting Booth project, to sound the alarm about the Democratic National Committee's new requirement for caucus states to implement some form of remote voting during their 2020 nomination contests.

The new mandate is part of DNC reforms adopted last year, following the disastrous 2016 Presidential election when cyberattacks and the release of stolen emails undermined both Party leadership and Hillary Clinton's campaign. While last year's Party reforms urge states to move from caucus systems run by private state parties to primary elections managed instead by state and county election officials, the new requirement to allow access to caucuses for those who cannot attend in person has left state Democratic Parties looking toward various forms of online, telephonic and smartphone voting options to enact in conjunction with in-person caucusing.

Rosenfeld is currently one of the very few journalist reporting on the disturbing potential plans by Democrats in Iowa, Nevada and elsewhere to contract with private companies for some form of online caucus voting. "It's part of having the party be more inclusive and participatory," he tells me, cautioning "It's not clear how it's going to be done. This is all being developed right now." And, he warns, "vendors themselves will do this stuff for next to nothing to try to show proof of concept."

Of course, that proof of concept will be in a live, Presidential caucus election! He details just some of the many disastrous and chaotic past efforts at such schemes that "didn't go so well" --- colossal online voting failures by the Utah GOP in 2016 and 2018, stolen or corrupted online party elections in Canada, for example --- in hopes of warning about what could very well be a looming disaster waiting for Democrats in caucus states next year.

Rosenfeld says he's been speaking with Democratic officials "trying to let people know what they're headed into," and says, "I don't think they were aware --- the Democrats that I talked to on the DNC --- of these other examples" of failed elections using this new, largely untested technology.

But with already-complicated caucus systems, 20 or so candidates who could be on the ballot, and the most important election of our lives hanging in the balance, what could possibly go wrong with the addition of new, untested remote voting schemes added to the mix? Now might be a very good time to start paying attention to some of the disturbing answers to that troubling question...

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On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]

A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.

The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.

Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.

A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .

As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."

"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."

DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."

DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.

All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.

Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.

And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.

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On today's BradCast: Some encouraging news for democracy (at least in Georgia), some predictable lies from the Senate Majority leader, a gentle rebuke for Trump from both parties, and a call for intervention from the Senate Minority Leader, among other things.

Just some of the many stories covered on today's program...

• Georgia Democrat and potential U.S. Senate candidate Stacey Abrams, who will be giving the Democratic response to the State of the Union Address on Tuesday, is set to run a television ad during Sunday's Super Bowl in Atlanta with a north Georgia Republican County Commissioner calling for HAND-MARKED paper ballots in the state!
  
  The ad is sponsored by Abrams' non-partisan voting rights organization Fair Fight, formed after Abrams is said to have very narrowly lost her contest to become the nation's first African-American female governor last November to Republican Secretary of State and champion vote suppressor Brian Kemp. Both he and his GOP successor are now calling for the state's 100% unverifiable touchscreen voting systems to be replaced with new, very expensive and also 100% unverifiable touchscreen systems that produce computer-marked, human-unreadable barcoded ballot summary cards, rather than hand-marked paper ballots which computer science and voting systems experts all agree [PDF] to be the most secure, auditable and overseeable way to carry out elections;

• In the U.S. Senate, Republican Majority Leader Mitch McConnell offered a huge lie about the Democrats' "For the People Act" (HR-1), recently introduced in the U.S. House to call for a series of major election reforms. Among the many provisions in the measure --- such as universal automatic voter registration, expanded early voting, ending partisan gerrymandering and yes, ensuring a HAND-MARKED paper ballot for every voter --- it also seeks to declare Election Day as a federal holiday. Naturally, McConnell lied about what the bill calls for on that point, and absurdly describes the measure as a "Democrat power-grab". We respond;

• Also in the U.S. Senate, Democratic Minority Leader Chuck Schumer sent a letter to Trump's Director of National Intelligence Dan Coats calling for him and the other Administration Intelligence Chiefs to "stage an intervention" with the Commander-in-Chief, after Donald Trump described his own top intel officials on Wednesday as "wrong", "naive" and needing to "go back to school!" on a host of foreign policy issues. Trump's remarks came in response to the Intelligence Community's new annual "Worldwide Threat Assessment" PDF. The report, and Senate testimony from the chiefs about it on Tuesday, argues that Trump is essentially wrong on everything from North Korea, to Iran, to ISIS to Syria and Afghanistan, and on his claims about an imagined "national emergency" at the U.S. -Mexico board.

• But if Schumer really wants to "stage an intervention" with this President, his Democrats in the Senate and House could be calling for an immediate Impeachment inquiry. As detailed by Ernest Canning at BradBlog.com this week, the Nixon impeachment process reveals that it is both unnecessary and, arguably, unwise for Dems to wait for a report from the Special Counsel investigation before exercising their Constitutional duty;

• Also today, Republicans and about half of Senate Democrats passed an amendment that (gently) rebukes the President by calling for U.S. troops to remain in both Syria and Afghanistan, in contrast to Trump's recent military directives;

• An upside to the recent federal government shutdown? A beach in Northern California that had been closed will remain closed, because elephant seals have taken it over;

• And, finally, Desi Doyen joins us for the latest Green News Report, with updates on the record bone-chilling --- and deadly --- Polar Vortex cold snap in the Midwest and Northeast, evidence that Trump's intervention in Venezuela is, of course, all about oil, and some good news out of Germany which is now on its way to quitting coal entirely...

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No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

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On today's BradCast: The electoral dysfunction --- and the fight to count every vote anyway --- continues today in Florida and Georgia, along with some new good news for Democrats elsewhere. At the same time, of course, the dysfunction of Donald Trump's White House never ends. [Audio link to full show is posted below.]

After a quick update today on several thousand newly tabulated votes in Georgia (most of which were for Democrat Stacey Abrams in her uphill battle for Governor against Republican vote suppressor Brian Kemp), we start today with news that another U.S. House seat has flipped from "red" to "blue" in California. As the counting continues in the Golden State, the AP and others declared first-time Democratic candidate Josh Harder the winner over four-term Republican U.S. Rep Jeff Denham in the previously GOP-leaning Central Valley.

That brings Dems to a 33-seat pickup, so far, in U.S. House contests this year. A number of other races in previously very Republican areas of California, such as Orange County, have already been declared as flipped to Democrats, with several others still undecided but trending towards Democrats. Those remaining undecided House races and a few in other states could ultimately result in a massive "Blue Wave" as large as 39 new seats in Congress, by my count, as votes from the November 6th midterms continue to be tallied.

In Florida, however, as the state's 67 counties scramble to complete an unprecedented three statewide computer "recounts" in the U.S. Senate, Governor and Agriculture Commissioner races (not to mention several other state legislative and local races) by this Thursday at 3pm, dozens of lawsuits are being filed in state and federal courts.

We cover some of the most notable today, including incumbent Sen. Bill Nelson's suit to extend the arbitrary "recount" deadline set for Thursday. At least one county, Democratic-leaning Palm Beach, has already said that it will be physically impossible to complete all of the machine rescans there in time, thanks to their aging computer tabulation system which can only scan one single race on 300 ballots at a time. Making matters still worse in the state's third most-populous county, those scanners reportedly overheated this week, leading to mismatched tabulations for the first batch of 174,000 ballots scanned (of some 700,000 total). That means that batch will need to be re-rescanned.

And all of that before a similarly absurd statutory Sunday deadline to complete any subsequent so-called "manual recounts" in races such as Nelson's U.S. Senate contest against Republican Gov. Rick Scott, where the margin is less than 0.25 percent. (It's currently reported to be just 0.13%, or 12,562 votes out of more than 8 million cast.)

Nelson has asked a federal court to extend the deadlines in all 67 Florida counties and, in separate filings, seeks to force a review of tens of thousands of absentee vote-by-mail ballots rejected across the state due to claims of signature mismatches and other unspecified "voter-caused error". Scott's hand-picked Sec. of State Ken Detzner is opposing those suits, and Scott has filed several of his own to try and halt the ongoing tabulation.

But not all Republicans oppose extending the deadlines and counting of all ballots, as we also note today, even as most of them, including the President of the United States, are calling for "recounts" to end and incomplete tallies reported from last weekend --- just days after the Tuesday midterms --- to be certified instead. (Friendly reminder here that Republicans held up a statewide hand-count in the 2008 U.S. Senate race in Minnesota for eight months in order to keep Al Franken from being seated in the Senate until July of 2009!)

Then, we're joined by BradBlog.com legal analyst ERNEST A. CANNING for the latest on the lawsuit filed by CNN this week (and supported by Fox "News" of all outlets!) against the White House for their removal of press credentials for White House Correspondent Jim Acosta. Not only is the White House in violation of the Constitution's First and Fifth Amendments, the complaint alleges, but the White House and Secret Service also reportedly blocked Acosta from a planned interview with French President Emmanuel Macron last weekend at an event marking the centennial of the WWI Armistice. That, even though the interview was approved by France...and Trump failed to even show up at the event!...

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The Florida election official so well-respected by Republicans and Democrats alike in 2000 that he was tapped to oversee that year's historic Presidential "recount" between George W. Bush and Al Gore in Florida (until it was stopped by the U.S. Supreme Court), tells us today that it is likely impossible for the state to complete three statewide recounts --- for U.S. Senate, Governor and Agriculture Commissioner --- in time to meet the state's ridiculously arbitrary statutory deadlines. Run by Republicans for decades, the state "puts a premium on speed", rather than accuracy, ION SANCHO, the 28-year former Leon County (Tallahassee) Supervisor of Elections tells me on today's BradCast. "This is, by no means, a system geared toward finding the truth." [Audio link to show follow below.]

Sancho explains how it is currently unlawful to add any vote to the totals as based on a hand examination of ballots by human beings, as he details the process now officially under way in the Sunshine State for a machine "recount" in the gubernatorial race between Democrat Andrew Gillum and Republican Ron DeSantis (who, the computers report, leads by about 0.41%) and a supposed "manual" count in the U.S. Senate contest between incumbent Democratic Sen. Bill Nelson and term-limited FL Gov. Rick Scott (which Scott is said to be leading by 0.15%, or less than 15,000 votes out of more than 8 million cast.) Sancho details how even in a "manual" count in FL, ballots are first fed through tabulation computers and only ballots determined by the computers to be over- or undervotes are then re-examined. But, even those ballots are, yes, "remade" by officials onto a fresh ballot paper so that it can can then be run through a computer tabulator.

Given the limitations on the so-called high-speed tabulation systems made by companies like ES&S, still used across the state --- which only accept "300 ballots at a time" --- the scanners used in counties like heavily Democratic-leaning Palm Beach "cannot physically do this job" before statutory deadlines run out. All ballots must be "recounted" by Thursday (even though overseas and military votes aren't due until this coming Saturday!) It's a system, Sancho describes, that was put in place before the very popular no-excuse absentee Vote-by-Mail system was allowed in Florida, along with provisional voting and other election practices that require time-consuming ballot-by-ballot evaluation to determine whether it's eligible for tabulation in the first place.

As noted on today's program, Florida will have "counted" and "recounted" its ballots (correctly or incorrectly, we will never know) less than a week and a half after last week's midterms, several weeks before California even announces completion of its initial count in early December.

All of this, as Scott and even the President of the United States are falsely charging election fraud is ongoing in the state's two largest counties (Broward and Palm Beach), despite a complete lack of evidence to support any such claims. Scott's own Secretary of State and Florida Dept. of Law Enforcement --- who Scott oversees and who both have authority to oversee elections and election crimes in all 67 Florida counties --- concede they have no evidence to support the GOP claims. Sancho also responds to the "laughable" charges of "fraud" being made by Scott and the "truth-free statement" tweeted by Trump on Monday morning, which falsely claims that "ballots showed up out of nowhere, and many ballots are missing or forged" in Florida.

A couple of points worth underscoring here, as the Republicans have been busy dusting off their 2000 playbook to lie about "fraud" occurring in Palm Beach and particularly in Broward, in hopes of shutting down the tabulation of legitimate ballots altogether, once again, in Florida: 1) Brenda Snipes, the Supervisor of Elections in Democratic-leaning Broward County, which has had a number of election failures over the years, was appointed by Republican Gov. Jeb Bush in 2003; 2) Current Republican Gov. Rick Scott appointed his hand-picked Sec. of State Ken Detzner, who has tasked officials from his own office to oversee Broward's election office this year; 3) Nobody from Detzner's office or Florida Law Enforcement has seen or alleged any criminal wrong doing in the county. None of that, however, has prevented GOPers from claiming otherwise.

"Everybody's vote needs to be given the same weight," Sancho, a longtime election integrity champion who has taken on both the state and the voting machine companies argues during today's conversation. "It shouldn't depend upon whether you're in a competent or incompetent jurisdiction. Your vote should count if you cast them properly and you've made no errors."

Also today: Desi Doyen on California's horrific, deadly wildfires which have, to date, killed 31 across the state with hundreds more still unaccounted for; Georgia's Democratic gubernatorial candidate Stacey Abrams, in a still too-close-to-call race against GOP Sec. of State and notorious vote-suppressor Brian Kemp filed a new lawsuit over discarded absentee and provisional ballots on Sunday; Democrat Kyrsten Sinema appears to have defeated Republican Martha McSally to win the the U.S. Senate being vacated by Republican Sen. Jeff Flake in Arizona; And 15-term Orange County, CA Republican Rep. Dana Rohrabacher has reportedly been unseated by Harley Rouda in one of the state's most GOP districts. That would bring the net pickup for Democrats in the U.S. House to 32, with results for more than ten seats in CA and elsewhere still said to be too close to call...

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On today's BradCast: Who could have foreseen it? Oh, yeah, we did. For months. Years, actually. At this point, even decades. [Audio link to show follows below.]

American voters finally had their chance on Tuesday to respond to the ongoing, two-year national emergency precipitated by the 2016 election of Donald Trump and full Republican control of Congress. Control of the U.S. Senate, the U.S. House and dozens of governorships were up for grabs today. But Election Day 2018 was --- yet again --- marred by completely predictable disasters for voters, including hours-long lines and failing voting and registration computers at polling places across the country.

Today we cover just some of the worst reported messes (there are still more to come to light and many more that we simply couldn't get to)...

• In New York City, where paper ballot computer scanners failed leading to hours-long lines across city;

• In Georgia, where many voters in African-American precincts stood in line for hours due to failing electronic pollbook systems and too few 100% unverifiable touchscreen voting machines (amid the tight race between the vote-suppressing GOP Sec. of State and Gubernatorial candidate Brian Kemp and his African-American Democratic opponent Stacey Abrams);

• In North Carolina, where high humidity and a very long ballot reportedly prevented scanners from accepting them in a number of precincts in Wake County (Raleigh);

• In South Carolina, where oft-failed, 100% unverifiable touchscreen voting systems made by ES&S were reportedly flipping votes and officials were (outrageously) said to be making calibration adjustments to them in the middle of Election Day (a very dangerous idea!);

• In Kansas and Missouri where voters also reportedly fought with many problems, incluing long lines, voting systems that failed and poll workers unlawfully demanding Photo IDs to vote. In Kansas, Sec. of State and GOP "voter fraud" fraudster Kris Kobach is overseeing his own very tight race for Governor, and in Missouri, Democratic U.S. Senator Claire McCaskill is fighting for her life as Democrats hope to claw back a majority in the U.S. Senate or keep Republicans from expanding their current one.

Then, we're joined by Emmy award-winning journalist and documentarian LULU FRIESDAT with a troubling exclusive report for us out of Dallas County, Texas, amid the reportedly close contest for U.S. Senate between Republican incumbent Ted Cruz and his popular upstart Democratic challenger Beto O'Rourke.

Friesdat reports on two different serious concerns out of the Long Star State's second-most populous county, where numbers reported by the County's ES&S tabulators from the state's March primary are still not adding up correctly (yes, months later, questions are still emerging), and from the County's counting room, where a Texas election integrity group is reporting today that a computer in the tabulation facility appears to be hooked up to WiFi. That Friesdat tells me, is highly unlawful and potentially very troubling for a number of reasons.

"It is not okay for it to be around voting machines and tabulators, because that is one of the easiest ways for election results to be hacked," says Friesdat, who has been covering concerns about voting systems for many years now. "So there are usually very, very clear laws regarding internet connectivity or Wi-Fi in a tabulating area. And that is the case in Texas. They have laws that forbid Wi-Fi or connectivity." That, in a county where their vendor is ES&S, the nation's largest voting machine vendor, which recently lied to the New York Times about whether their systems include remote access software. (Turns out many of them do, but that's not what they initially told the Times, even as it still remains unclear which counties use ES&S systems with such capabilities, and even with cellular modems.)

Friesdat does close on a positive note, however, noting that many in the public are becoming aware of these concerns and that observations by the public are helping. "The more people get involved and keep looking, down to the nitty gritty, what's going on in your elections --- it's helping, folks! Keep it up!"

Finally, Desi Doyen joins us today for our latest Green News Report, with some bad news about plastic and the air we breathe, but some good news from the U.S. Supreme Court (believe it or not) and from the World Bank, which has now said it will no longer help finance coal-fired power plants anywhere in the world, because renewables are now cheaper than coal.

Results --- as reported...probably --- tomorrow...

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On today's BradCast: There is no small amount of irony in the fact that the first people of this country, Native Americans, are now being forced in North Dakota to go through extraordinary measures to prove their residency in order to vote in America in next Tuesday's crucial midterm elections. [Audio link is posted at bottom of article.]

But, first up today, a small measure of good news from a federal court in Georgia regarding Republican Sec. of State and gubernatorial candidate Brian Kemp's continuing legal battle to throw out Vote-by-Mail ballots based on dubious hand-writing analysis made by partisan election officials. Kemp insists he has the right to toss out ballots without offering Constitutional due process to voters and continues to appeal the U.S. District Court judge's ruling, meant to avoid the disproportionate rejection of votes cast by African-Americans in Kemp's deadlocked race against African-American Democrat Stacey Abrams.

But while that race, which could turn the state "blue", has received a good deal of attention this year, the "toss-up" gubernatorial contest between Oregon's Democratic incumbent Gov. Kate Brown and her GOP challenger, Knute Buehler, has received far less notice. Despite an expected increase in Democratic turnout this year, the progressive Brown is facing a surprisingly close re-election contest in what is otherwise considered to be a very "blue" state, as the GOP and its corporate supporters are pouring millions into the effort to defeat Brown.

Next, we head to North Dakota, where an astonishing effort by state Republicans to disenfranchise Native Americans was recently approved by the U.S. Supreme Court. The effort to prevent the state's tribal members from voting began almost immediately after Democratic Sen. Heidi Heitkamp's razor-thin election by fewer than 3,000 votes back in 2012. Now that she's running for re-election against Republican Kevin Cramer, state Republicans have changed the state's Voter ID law to require physical street addresses rather than the P.O. Box addresses used by many Native American voters living on reservations. In early October, SCOTUS allowed the new requirement to stand, even though the restriction was not in place during primaries last June, giving tribal members less than a month to figure out how to assign addresses to thousands of eligible voters and help prevent chaos and confusion.

Chaos has reportedly reigned, however, even as the state's tribes have been banding together to assign street addresses and create new tribal IDs as quickly as they can, vowing to create such IDs outside polling places even on Election Day on November 6th. On Tuesday, a new lawsuit [PDF] was filed charging that election officials have been rejecting addresses on absentee ballot requests, since newly assigned addresses do not exist in some state databases, and the state's Secretary of State refuses to say whether IDs with new street addresses assigned by Native American voting rights groups will be allowed for use on Election Day.

We're joined today by longtime Native American voting rights advocate OLIVER "OJ" SEMANS, a member of the Rosebud Sioux Tribe and co-founder of the non-partisan Four Directions, which focuses on Native American voter engagement and access. He explains his group's extraordinary (and expensive) efforts being taken to help organize against the suppression of ND's shameful new law, why he believes it was enacted, and whether he feels that indigenous Americans in the state will be able to overcome it.

"The rulings by the 8th Circuit and by the [U.S.] Supreme Court was basically severe spinal damage to the backbone of democracy," he tells me. "The backbone of democracy, which is voting, can only take so many kicks in the back like that before it's broken. Native Americans, who have basically enlisted in the United States services, percentage-wise, more than any other race, and have fought for freedoms for the country, have decided that we're going to fight for our own country for awhile and stop this madness."

Semans explains how claims of "voter fraud" used to justify these restrictions by the GOP, in a very Republican state, have no evidence to support them. "More than likely there is fraud --- but it's not by the Native American Indian," he says. "How can you have one party being re-elected, ten years, sixteen years, twenty years, over and over, without some type of fraud being committed. So, yeah, there's probably fraud, but it's not in Indian Country."

He also details how this new voting restriction would never have been allowed to stand at all, had not the U.S. Supreme Court, in 2013, gutted the landmark Voting Rights Act of 1965 which previously had protected tribal members and other racial minorities from this sort of disenfranchisement. Semans has testified several times in D.C. on behalf of the VRA, going back more than a decade now.

I hope you'll tune in for this, at times, heart-breaking conversation.

Finally today, some listener mail and a bit of a rant against a laughably misleading report on voting systems in St. Louis County, MO, where the most powerful radio station in the state, the 50,000 clear-channel watt blowtorch, KMOX NewsRadio 1120, has misinformed voters that the County's oft-failed and easily-hackable 100% unverifiable touchscreen voting machines and optical scanners are "tamper-proof" and never connected to the Internet. Both assertions --- made by election officials and their private vendor, ES&S, and passed on this week by KMOX (the station I group up listening to) and reporter Kevin Killeen --- are patently false and wildly misleading. As I mentioned on Twitter today, it's a terrible disservice to Show Me State voters that the once-great KMOX would credulously echo such long-ago debunked misinformation to their millions of listeners and readers. I discuss both that, and the woeful response I received from Killeen on Twitter today, to his irresponsible "reporting"...

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We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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Well, it was one of those days again on today's BradCast, with an avalanche of huge, incoming breaking news which we do our best to cover --- even as we keep our eyes on the November prize on what may officially have been the worst day of Donald Trump's Presidency, to date. [Audio link to show follows below.]

Our first piece of breaking news: Trump's former campaign chair Paul Manafort was convicted on 8 felony counts related to bank and tax fraud in his Virginia trial. The jury couldn't agree on 10 other counts brought by Special Counsel Robert Mueller's investigation, so the judge declared a mistrial on those counts. Manafort now faces another federal trial on felony charges, also brought by Mueller, in Washington D.C. next month, related to his undeclared work with a pro-Russian Ukrainian political party.

Also, in arguably bigger and worse breaking news for Trump, his longtime personal attorney and fixer Michael Cohen pleaded guilty to 8 federal felonies related to bank and tax fraud, as well as campaign finance law violations related to a hush-money payoff of $130,000 made to porn actress Stormy Daniels just before the 2016 Presidential election. The payment, Cohen admitted in a NY federal courtroom on Tuesday, was carried out "at the direction of" Trump "for the principal purpose of influencing the election". Now facing 4 to 5 years in federal prison, he may be inclined to cooperate with Mueller to receive a shorter sentence. With Cohen's plea deal ending that particular investigation in NY, it may also mean that Trump will now be forced to sit for an under-oath deposition in the lawsuit filed against Trump by Daniels.

All of that, after Microsoft announced last night it had discovered and shut down several fake Russian websites said to have targeted U.S. Senate offices and two conservative think tanks in advance of the November primary.

Then, as voters head to the primary polls in Alaska and Wyoming today, we're still working to make sense of two still-unexplained election night tabulation failures in both Michigan and Kansas during their August 7th primaries. We're joined today by JENNIFER COHN, attorney turned election integrity advocate and journalist, following her recent trip to Kansas to investigate the reported "computer glitch" in Johnson County, KS which crippled election night tabulation in the state's most populous county.

That "glitch" resulted in GOP "voter fraud" fraudster Kris Kobach, Secretary of State, reportedly defeating KS Gov. Jeff Colyer to secure the GOP nomination for Governor by just over 100 votes out of 311,00 cast on Election Day. The still-unexplained failure occurred on the county's brand new, unverifiable ES&S ExpressVote touchscreen voting and tabulation system, approved just months ago by the county's election chief who was appointed by Kobach. The same unverifiable voting system will be used by voters in some 16 states and D.C. this November. (For the record, they will be used in AZ, D.C., FL, IA, ID, ME, MI, MO, MS, NV, OH, SD, TN, TX, UT, VA, WI and WV.)

Her must-read article published by The BRAD BLOG in March on the dangers of such systems --- which produce barcoded "paper ballots" that can't be verified by voters after an election --- foretells many of the problems that occurred in Kansas on August 7. "All the problems that I predicted came to fruition, with the long lines, and machines failing, and then not having paper ballot backups," Cohn reports, noting that some voters were disenfranchised and others were given confusion instructions about whether or not they should try "to even verify those computer-marked, so-called paper ballot summary cards" produced by the systems.

During her short visit to Kansas, Cohn was denied an interview with the Kobach-appointed JoCo Election Commissioner Ronnie Metsker and blocked from viewing the ES&S voting systems as well as the tabulation of provisional ballots. "We were just stonewalled, really, all day long, about everything," she tells me. "On the tabulating, they wouldn't even tell me if they were tabulating in the building."

She goes on to explain why we should all be very concerned about all of this, and what can possibly be done to try and oversee the validity of computer-marked paper ballots and electronically tabulated results on similar systems in use across the country this November.

Finally, Desi Doyen joins us for the latest Green News Report on the story which was supposed to have be Trump's great triumph today, the announcement of his EPA's new plan to replace Barack Obama's 'Clean Power Plan' with a scheme that will allow coal plants to keep polluting, global warming to worsen, and, as the documentation of the plan admits, result in the avoidable deaths and illness of tens of thousands of Americans each year...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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