I'm back today on The BradCast, after Nicole Sandler of RadioOrNot.com filled in for a few days! (Thanks, Nicki!!!) And while little has changed in the GOP race for the White House since I've been gone, it was a very big weekend for Bernie Sanders on the Democratic side, even if the mainstream corporate media continues to disregard his campaign. [Audio link for the complete show is at bottom of article.]

Then, I'm joined by constitutional law expert Ian Millhiser, author of Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, to explain today's stunning ruling by the U.S. Supreme Court in favor of public sector unions. The decision in Friedrich v. California Teachers Association is a major turnaround from what had been the expected outcome earlier this year when we spoke to Millhiser in January just after oral argument in what had been regarded as "the biggest legal attack on unions in decades".

Thanks, however, to a 4 to 4 deadlock on the Court, in the wake of the recent death of Rightwing activist Justice Antonin Scalia, today's ruling is the opposite of what had been previously expected and "one of the first consequences" of his death, says Millhiser. "Scalia was probably going to be the fifth vote to do some serious violence to the way that public sector unions are funded," he explains, while detailing why today's ruling is very good news for both Democrats and democracy itself in the wake of what had been "potentially an existential threat to unions."

"What this decision does mean is that if someone wants to undermine unions, they don't get to take a shortcut. They don't get to go to five Justices and get the Justices to put in place the laws they want for them," Millhiser tells me.

He also decodes the Court's somewhat "baffling" order today concerning a challenge by religious activists to the 'ObamaCare' contraception mandate, as well as the latest status of the GOP's seemingly self-defeating obstruction of President Obama's nomination to replace Scalia.

Finally, we've found something that both Republican and Democratic voters agree on! What happened last week to voters in Phoenix --- many of whom had to wait up to 5 hours to cast a vote (and some of them were the lucky ones!) --- was an outrage across the board, and we've got just some of the outraged voter testimony from the AZ state legislature on Monday to prove it!...

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On today's BradCast, guest host Nicole Sandler of Radio Or Not chats with Ari Berman, author of Give Us the Ballot: The Modern Struggle for Voting Rights in America, who explains that many of the problems voters experienced Tuesday in Arizona are traced directly back to the Supreme Court’s gutting of the Voting Rights Act. He wrote about that at The Nation.

Of course, he didn’t absolve Maricopa County Recorder Helen Purcell for her decision to reduce the number of polling places from 211 to 60.

That action and the chaos that ensued prompted attorney Adrian Fontes to challenge her for that position, which happens to be up for election in November. Mr. Fontes tells us about his decision in his first interview as a candidate. Elections do have consequences.

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Once again, voters headed to the polls and caucuses on Tuesday. This time in AZ, UT and ID. So, as you may have guessed, on today's BradCast we cover all of the reported results, historic turnouts and, yes, all of the problems faced once again by voters --- particularly in Maricopa County (Phoenix), AZ.

While Bernie Sanders won the night on the D side (not that the corporate media much mentioned that) and Trump, once again, won the R side, the biggest story was how election officials, yet again, failed the voters.

In Phoenix, longtime Maricopa County Recorder Helen Purcell (R), massively reduced the number of polling places from 211 in 2012 to just 60. She was able to do so after the U.S. Supreme Court gutted the Voting Rights Act in 2013. Prior to that, she would have had to get approval from the federal government for such a change before thousands were inconvenienced and/or disenfranchised by it. The result was thousands of voters waiting in line --- for up to five hours in some places --- with the last votes finally cast after midnight on Wednesday.

On today's show, we call out the folks responsible (the ones we know of, at this time), call for an official investigation, and even call out those folks (talking to you, many Bernie supporters!) shouting "VOTER FRAUD!", when your concerns are actually election fraud or voter suppression. (Please leave the voters alone! They are doing fine and performed heroically on Tuesday! But I have much more to say about that, and about falsely charging people with fraud without evidence in support of those charges, on today's show.)

Also today, more disturbing details about the insane, 100% unverifiable and hackable "online caucus" experiment that the UT GOP subjected its voters to. (Here's the details on that spoof website of the UT GOP's Internet Voting scheme that I referenced on today's show.)

Also: Desi Doyen joins us for the latest Green News Report and I (barely) fit in a call or two and much more on today's BradCast!

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P.S. I'll be on the road for a few days with Nicole Sandler of RadioOrNot.com guest-hosting for me while I'm gone! Be nice until I'm back!!!

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On today's BradCast we cover what is known, so far, about the unfolding terror attacks in Brussels this morning, even as they serve as yet another reminder of why elections matter.

With ISIS now claiming responsibility for the horrific attacks which killed dozens and injured hundreds in Belgium, including a number of Americans, Iraq war correspondent Michael Ware's recent account of the creation of ISIS, thanks to the U.S.-launched war there over a decade ago, underscores how the choices we make at the ballot box reverberate for generations.

Vote wisely! If you are able to vote at all...Our coverage of the problems faced by voters merely trying to cast a vote during last week's primaries continues today, with new reports of Photo ID voter suppression in NC, student voters illegally turned away at Wheaton College in IL, and the continuing court battle over thousands of voters turned away from the polls in Adams County (though we have a small slice of encouraging news to report there today!)

Then, we turn to new problems and serious concerns beginning to emerge in primaries and caucuses underway today in AZ and UT, including reports of up to four-hour lines and registration problems in AZ and the Republican Party in UT laughing in the face of computer scientist warnings by using some 60,000 of their voters as guinea pigs during in a live experiment with 100% unverifiable and easily hackable Internet Voting for tonight's GOP caucuses! (What could possibly go wrong?)

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On today's BradCast, we look at the huge (yooge?) victories for both Bernie Sanders and Donald Trump in Tuesday's New Hampshire primary elections, not to mention a victory for the devil in Arizona and for justice in North Carolina.

First, in New Hampshire, both Sanders and Trump each destroyed their competition by record margins. But also both Sanders and Trump absolutely dominated virtually every demographic in their respective parties. The victories served to reveal how the political party establishment and corporate U.S. media pundits continue to be radically out of touch with the American electorate and how the "electability" arguments that have been put forward concerning both candidates are finally being questioned.

Moreover, on the Republican side, the contest resulted in both Fiorina and Christie heading back to Palookaville, while Rubio sunk like a stone and the GOP establishment may have found their next new "savior" in Kasich.

Then, we're joined by Constitutional law expert Ian Millhiser to discuss how a "Satanic Temple" trolled its way into killing the opening religious invocation long used by the City Council in Phoenix, AZ. Also, Millhiser explains a new federal court ruling finding that NC GOPers racially gerrymandered two Congressional districts in the key swing state.

"Finally! Satan gets a break in the United States!," Millhiser tells me in regard to the Phoenix story. He says that while the "satirical church" doesn't "actually worship the devil, they do believe that there shouldn't be these public displays of Christianity at City Council meetings." He describes their victory in Phoenix, as well as in other cities where the group has successfully "trolled" elected officials in the wake of a Supreme Court ruling that has begun to collapse the nation's long-standing separation between church and state.

"The Roberts Court has started to tear down those walls that have existed for a really long time," Millhiser, author of the new book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, tells me, before offering his best guess as to why the five conservative Justices on the Court are so "hostile to the notion of separating church and state."

Finally, Millhiser details the federal district court's redistricting ruling in NC --- what it will mean, how it may or may not affect the state's upcoming elections, how those hostile to minorities figured out long ago that they can use the slow pace of the U.S. Court system to game elections, and how doing so has suddenly become even easier following the Supreme Court's 2013 gutting of the key Voting Rights Act meant to prevent such schemes.

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On today's BradCast, breaking news on President Obama's final Keystone XL pipeline decision and more fallout following the completely unverified results of Tuesday's Gubernatorial election in Kentucky. (Audio link to complete show is below.)

On Keystone: Obama finally rejects TransCanada's application to build the controversial tar sands pipeline from Alberta down to the Gulf of Mexico. Our producer and green news expert Desi Doyen joins us to help separate fact from fiction on the long-awaited decision, and to offer long-overdue kudos to those citizens who organized, activated, advocated and otherwise successfully took on the most powerful interests in the history of civilization to block the project in the name of the environment.

On Kentucky: Several new developments following the completely unverified results of Tuesday's Gubernatorial election in Kentucky, where pre-election polls all predicted the opposite of the 'landslide' reported by the state's computer tabulators. Among those developments: A KY newspaper fires their well-respected pollster rather than bothering to find out if the polls were right and the results were wrong; Another reminder of why hand-marked paper ballots like those in KY are swell, but only if you bother to actually count them; We weather a few attacks from progressives who charge us with forwarding conspiracy theories and don't think we should bother to count ballots; And, new information out of Pima County (Tucson), AZ to remind us why citizen vigilance and oversight is needed to assure the survival of democracy.

Also today: The Koch Brothers tell MSNBC they are champions of the environment and MSNBC doesn't bother to correct them --- so, we do. Plus, a few other pieces of important news at week's end...

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Election Day is tomorrow in several states and many more local jurisdictions, but on today's BradCast, we've already got our first "irregularity".

My guest today is John Brakey, a longtime Election Integrity advocate from Pima County (Tucson), AZ. Last week, he caught an election official --- on video tape --- breaking the security seal on the county's new, central vote tabulator after party observers had left county election headquarters following pre-election "Logic & Accuracy" testing of the system.

"I looked at my screen,and I go: 'What is that guy doing? What's he doing over there? He's just opened the box up. Where's the Democratic observer?! Where's the Republican observer?!'," Brakey tells me about the incident on today's program.

He goes on to explain what happened, how he caught the guy, what the county did about it, and how you may wish to be concerned about the possibility for similar corruption with similar electronic systems in your home town.

Thanks to Brakey, the incident led to new L&A tests the next day, though the explanation for the entire affair from Pima County Election Director Brad Nelson (the original "Election Official Gone Wild", as seen in this 2006 video tape), remains questionable --- particularly since Nelson was in the room at the same time his subordinate was seen breaking into the system. We sought comment from Nelson, but he has yet to respond to our request.

For the record, Brakey is one of the stars of J.T. Waldron's riveting 2009 documentary film, Fatally Flawed: The Pursuit of Justice in a Suspicious Election which tells the remarkable --- and, at times, uplifting --- story of the years-long fight by Brakey and a transpartisan coalition of others in Tucson to obtain a recount of ballots from a questionable $2 billion 2006 bond initiative election in Pima County.

Also today: Obama "Bans the Box" that had required job applicants to reveal a criminal record before they've even had an interview on federal employment applications; The GOP's 2016 Presidential candidate/cry babies meet over the weekend to make new demands for networks holding GOP Presidential debates; Another candidate drops out of the 2016 Presidential contest; And, some quick tips (here are some more) on how to try and help protect your vote, and everybody else's, during tomorrow's elections around the country!...

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On today's BradCast, first a rant about the nonsense that is the Benghazi "investigation", and then on to a real investigation concerning an anti-fracking initiative on the ballot in Mahoning County, OH, questions about the results reported by the county's electronic tabulators, and an election official or two who are caught on tape going kinda nuts when asked about it.

To talk about our latest example of "Election Officials Behaving Badly", I'm joined on today's show by Dr. Ray Beiersdorfer, the voter who asked a simple question at a recent Mahoning County, Ohio Board of Elections meeting, before the officials accused him of accusing them of a crime in response!

And, since the Mahoning County election officials --- the ones caught on tape responding so outrageously to Beiersdorfer's reasonable request for a hand-count --- failed to reply to our multiple requests to join us on the show, we are joined instead by Virginia Martin of the Columbia County, NY Board of Elections to comment on all of this. (Our invitation remains open to Mahoning County election officials David Betras (D) and Mark Munroe (R) if they'd like to respond to today's program.)

Beiersdorfer is a geology professor, fracking expert and supporter of the ProtectYoungstown.org anti-fracking initiative. As you'll here, at the meeting of the Elections Board, he politely asked for a hand-count of paper ballots regarding the ballot initiative, after a post-election poll appeared to offer contradictory results to those reported by the unverified computer optical-scan tabulation systems used in the county. (An electronic tabulation system, I'll note, which has failed in election after election elsewhere.) In response, Betras freaks out and charges that Beiersdorfer has accused him of "rigging an election".

"You just basically accused this board of elections of election fraud!," Betras, a Democratic, snaps in outraged response, as caught on tape. "I find it highly offensive you’d accuse me of a crime!" His fellow election commissioner, Munroe, a Republican, takes similar offense.

All of that, simply because a voter wished to oversee the results of an election to confirm that computer-reported results were accurate --- in a town with a history of election problems and where some of the same election officials reportedly spent some $30,000 of tax-payer money in a failed effort to keep the initiative off the ballot in the first place (before being overruled by the state Supreme Court.)

"I certainly wasn't accusing anyone of a crime," Beiersdorfer tells me today (and as the tape confirms). "I just pointed out the discrepancy and I asked for a public, open, transparent hand-count of the ballots. I was a little bit surprised at how he reacted to that --- and basically attacked me."

Unfortunately, it's not an isolated case. We've seen similar responses from election officials elsewhere. Martin, the Democratic co-chair of the Columbia County, NY Board of Elections --- one of the few counties in the nation to publicly hand-count every paper ballot before certifying any election (my recent interview with Martin and her Republican co-chair on that specific topic is here) --- explains on today's show: "We election officials often find ourselves in the crosshairs. There's always somebody in the public who's not happy about something that's transpired at the Board of Elections. There's a winner and there's a loser, so we often are in a position of having to defend ourselves. I can understand why they would be very sensitive."

But, she adds, that type of concern simply doesn't come up in her county, given that the public is invited to oversee the hand-count of paper ballots for every election. As an election official, she insists on hand-counts, she says, because: "I wasn't comfortable with trusting what the computer said, because I know computers can make mistakes. I know that computers can be programmed incorrectly --- inadvertently. I also know they can be manipulated, they can be tampered with. I personally can't know how a computer counts anything, because I don't get to see that. So how am I going to know that the result is correct?"

I think it's a fascinating show today --- as this is a problem that occurs more and more, as election officials and electronic voting and tabulation systems make it far more difficult for the citizenry to oversee their own elections --- but you'll be the judge. Give it a listen below!...

Download MP3 or listen to complete show online below...

[You can watch the complete, exclusive Mahoning County, OH video from which we played audio clips today, here. And the full video of Pima County, AZ Election Supervisor Brad Nelson caught on tape similarly freaking out back 2007, which we played a bit of as well today, can be seen here.]

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Over the weekend, #BlackLivesMatter protesters disrupted a political forum featuring Democratic Presidential candidates Bernie Sanders and Martin O'Malley at the progressive Netroots Nation conference in Phoenix, AZ.

The leader of that lively and lengthy (and, apparently, controversial) protest, Tia Oso, National Coordinator of the Black Alliance for Just Immigration (BAJI) joins us on today's BradCast to explain why she did it and to discuss the reactions from O'Malley, Sanders and the progressives who support them.

"We talk a lot. There are a lot of town halls. We have NAACP and Urban League at the national level having these conversations all the time. Reports are issued. And the fact that it takes almost a spectacle of black suffering for people to even have their hearts moved is heartbreaking to me," Oso tells me.

Also on today's program: Hate crimes charges filed against the Charleston AME Church shooter (though not terrorism charges); Hillary Clinton may be in trouble against Republicans in three key swing states; the Pope's popularity is faltering in the U.S. (largely among Rightwingers, for some reason); and why it's a problem when candidates, like Hillary, get so much of their campaign money from the wealthy donor class...

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It was another big day of decisions out the U.S. Supreme Court today, their last one of the session.

So, on today's BradCast, we cover the new SCOTUS rulings knocking down the EPA's rule limiting mercury and arsenic emissions by coal-fired power plants (the health of the citizenry be damned); allowing the beastly use of a certain type of drug in executions (while opening the door to a Constitutional challenge to the Death Penalty); and upholding [PDF] the Arizona voter referendum requiring an "independent" commission carry out Congressional and state redistricting, rather than the state Legislature, as perfectly Constitutional.

On that last ruling, a very important one in a number of ways, we speak today with Ted Downing, former AZ state legislator and the first head of its state Electoral Integrity Commission. While he agrees with me the decision was very good for the nation, for several key reasons, Downing, formerly a Democrat, now an independent, has quite a few concerns about the "so-called independent" redistricting commission created by the state's 2000 voter referendum. Downing explains the "huge conflict of interest" in the structure of that commission which, he says, is completely "rigged" in favor of the Republican and Democratic parties.

Plus: More Trump-mentum, and even more Bernie-mentum, as both of those 2016 candidates continue to surge in New Hampshire polling! All of that and more on today's BradCast...

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On this week's BradCast on KPFK/Pacifica Radio, we air, for the first time, the complete EXCLUSIVE audio obtained via public records request from the Atlanta PD, that appears to contradict 'self-defense' claims by U.S. District Judge Mark Fuller following his arrest on domestic battery charges last year after his wife called 911 claiming he was "beating on her".

I also update my report on Fuller with new comment in response from Fuller's attorney, Barry Ragsdale.

Also on this week's show: Breaking news on today's shootings in Tunisia and Phoenix; Questions about Israel's election results; Donald Trump claims he's entering the 2016 GOP Presidential race (Dems celebrate); Oregon institutes Universal Voter Registration; and Desi Doyen joins us to explain the "impending disaster" of Friday's solar eclipse in Europe and, as usual, for the latest Green News Report...

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This guy, Tom Scott of Computerphile, is right on the money in every respect, when it comes to electronic voting --- be it via touch-screen computers, paper ballot optical-scan systems or, God forbid, Internet Voting. If I was British, and younger, and better looking, and smarter, this would be me...

After almost 11 years at this, it's great to see that at least a few folks are finally getting it. While many understand some of the problems of e-voting, too many still think those probs can be solved with "paper trails" or "open source systems" or Vote-by-Mail or, somehow, even Internet Voting (via phone, tablet or elsewhere). Scott clearly understands, and smartly explains in the short video above, why the problems of electronic voting and tabulating cannot be solved by any of those methods, no matter how much many otherwise well-intentioned folks may wish they could be.

Scott starts off by citing the extraordinary failure of Gov. Chris Christie's emergency Internet Voting scheme, hurriedly (and disastrously) implemented in 2012 in the wake of Hurricane Sandy.

Beyond that, he goes on to make a number of spot-on points, though all of them are predicated on one key notion that, while it may still be true in Great Britain, is becoming more and more of a distant memory in the U.S. every day: An election where everyone in the public is allowed to observe the removal of hand-marked paper ballots from the ballot box, and watch them being counted right then and there, is the most secure and "trustworthy" election possible --- at least based on hundreds of years of vote counting in democracies...

On this week's very busy BradCast on KPFK/Pacifica Radio:

• After a bit of breaking news on yet another failure to indict a white cop who killed a black man (in NYC), it's a quick (if disturbing) update on the continuing election recount mystery in Maine.

• The U.S. House race in Arizona's 2nd Congressional District (Rep. Gabby Giffords old seat) is headed to a "recount", as the state plans to "recount" ballots on the same faulty electronic optical-scan computers that tallied them in the first place. Pima County, AZ election law attorney Bill Risner joins us to discuss his lawsuit [PDF] against the state's plan for the "recount".

• Dr. Michael Mann, Penn State University climate scientist and author of The Hockey Stick and the Climate Wars: Dispatches from the Front Lines responds to the disturbing climate change-related story line on a recent episode of Aaron Sorkin's The Newsroom on HBO as we separate scary climate fact from even scarier climate fiction. Mann also comments on the seemingly very encouraging news out of Germany this week, suggesting that fossil fuel companies are seeing "the writing on the wall". The good news: The guy who created the infamous "Hockey Stick Graph" is actually the optimistic one, for a change!

• Finally --- as relevant as ever this week --- it's the 50th anniversary of the "Free Speech Movement" kicked off by activist Mario Savio's inspiring speech at the UC Berkeley sit-in in 1964 ("There's a time when the operation of the machine becomes so odious, makes you so sick at heart that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus") and the 30th anniversary of the world's worst industrial disaster at the Union Carbide plant in India in 1984. We commemorate both.

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Yes, we're still working on Election 2014 around here. As we've told you many times, problems in elections often take days, weeks or even months or years to reveal themselves, even after the mainstream media has long since moved on.

Last week we told you about the "recount" that awaits the GMO labeling ballot initiative in the state of Oregon and the amazing appearance of 21 "new" mystery ballots that flipped the results of a state Senate recount in Maine. And now, a "recount" lies ahead for the one remaining "too close to call" U.S. Congressional election in Arizona's 2nd Congressional District.

The state's first-ever "recount" of a Congressional race will be very different from the one that will be carried out for Oregon's Measure 92 and --- as demonstrated via a federal court ruling issued on Thanksgiving Day that disallowed the tally of some 133 provisional and early ballots before today's state certification of the race --- much more controversial. We can only hope no mystery ballots appear, as occurred in the still-unexplained contest in Maine.

The razor-thin contest in AZ-2 is between incumbent Rep. Ron Barber (D) and his challenger Martha McSally (R). Out of some 220,000 votes cast in the AZ-2 race --- in Pima and Cochise Counties --- the paper ballot computer tabulators report a margin of "victory" for McSally over Barber of just 161 votes, according to results posted by the Sec. of State.

The U.S. House seat in Arizona's 2nd District was formerly occupied by Rep. Gabby Giffords (D) until she was critically injured in a 2011 mass shooting that killed six and wounded 13 during a public event in Tucson. After Giffords' resignation following the shooting, she was replaced in a special election by Barber, one of her top staffers who was also shot twice himself during the massacre. Barber then went on to defeat McSally in the 2012 general election by less than one percent.

Prior to today's certification of this year's rematch, there were a number of oddities and controversies during the tabulation period. Among the problems, the reported Election Night failure of the paper ballot optical-scan computer tabulators in Cochise County to read a number of memory cards from the Early Voting period. Those sensitive cards store results of precinct-scanned paper ballots. They had to be flown by helicopter to another county before their contents could be discerned (even though paper ballots existed that could have simply been counted by human beings, rather than relying on electronic tallying systems.)

In addition to the troubling ruling last week by the U.S. District Court and the flawed electronic tabulation of some early ballots, local election integrity experts are also concerned about the state mandated process for "recounting" the ballots, a process which includes using the same flawed electronic scanners once again to determine if the initial scan was carried out accurately...

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...