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Latest Featured Reports | Thursday, October 22, 2020
'Green News Report' 10/22/20
  w/ Brad & Desi
Another new record storm in a record-breaking hurricane season; Great Barrier Reef half dead; First all-climate campaign ad; PLUS: The Hummer is back, and now it's all-electric...
Previous GNRs: 10/20/20 - 10/15/20 - Archives...
Are Americans Ready (or Even Able) to Roll Back the GOP's 'Permanent Minority Rule'?: 'BradCast' 10/21/20
Guest: David Daley; Also: Lawyers hate Trump; Fed court allows TX to reject mail-in ballots...
Good News, Bad News!
It's 'The Caveat Show!':
'BradCast' 10/20/20
All sorts of reasons for Dems to feel good about Biden and re-taking the Senate...And plenty of reasons to remain concerned about both...
'Green News Report' 10/20/20
  w/ Brad & Desi
Massive CO wildfires; Trump flip-flops on disaster aid to CA; Wind, solar energy now the cheapest energy in the world; PLUS: Biden talks clean energy at ABC Town Hall...
Previous GNRs: 10/15/20 - 10/13/20 - Archives...
Voting is Not Enough: How YOU Can Help Oversee and Protect Our Elections!: 'BradCast' 10/19/20
Guest: Emily Levy of Scrutineers.org; Also: Bad news for MI voters; FL voting website fails...
Sunday 'A Bigger Boat' Toons
Just when you thought it was safe to go back into the voting booth...PDiddie offers his latest collection of the week's best toons...
2020's Federal Court Voting Rights Roller Coaster: 'BradCast' 10/16/20
Guest: Univ. of KY election law Prof. Joshua A. Douglas; Also: Trump's CA wildfire emergency disaster relief roller coaster...
'Deranged Power Grab': Barrett SCOTUS Hearings Conclude: 'BradCast' 10/15/20
Guest: Slate's Mark Joseph Stern; Also: E-Pollbook systems fail in GA; FBI reports 'unauthorized access to elections systems'...
'Green News Report' 10/15/20
  w/ Brad & Desi
Barrett sure sounds like a climate denier during Senate hearings; Sen. Whitehouse breaks down dark-money polluter capture of judiciary; PLUS: Sept. 2020 hottest ever recorded...
Previous GNRs: 10/13/20 - 10/5/20 - Archives...
'Hypocrisy in Daylight? Look for Power in the Shadows': 'BradCast' 10/14/20
Guest: Lisa Graves on Sen. Whitehouse's revelations of GOP's $250M SCOTUS-packing coup; Also: Good voting news in VA, TX, AK!...
Barrett's Hypocritical, Scalia-Fueled 'Originalist' Hoax: 'BradCast' 10/13/20
Also: Touchscreens fail on 1st day of Early Voting near Houston; Trump judges okay absentee suppression in TX; Online registration fails on deadline day in VA...
'Green News Report' 10/13/20
Cleanup, recovery in battered LA in wake of Hurricane Delta; PLUS: Climate change in the spotlight (sort of) at the one and only 2020 Vice-Presidential Debate...
Judge Finds 'Serious Security Vulnerabilities' in New GA Vote Systems, Allows Them Anyway: 'BradCast' 10/12/20
Guest: Plaintiff Marilyn Marks; Also: GA systems fails on first day of early voting...
Federal Court Upholds NJ Canvass of Mail-In Ballots Prior to Election Day
Also upholds counting of mail-in ballots received by 11/5, two days after Election Day, even without a postmark...
Sunday SuperSpreader Toons
Look! Up in the sky! It's COVID-19 being spread by the goddamn President of the United States! That and many more sick toons in PDiddie's latest weekly collection...
Tyranny Loves Company:
'BradCast' 10/9/20
Guest Host Nicole Sandler with 'Strongman' author Kenneth C. Davis...
Buzz-worthy, But Otherwise Refreshingly 'Normal' VP Debate: 'BradCast' 10/8/20
Special Coverage with Heather Digby Parton, David Faris; Also: Suspended on Twitter for tweeting completely accurate news about GA's flawed voting system...
BRAD BLOG Suspended by Twitter for 100% Accurate Tweet About GA's New Touchscreen Vote Systems
The tweet in question and federal court evidence proving it's true. [UPDATED x 2!] ...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guests: Lulu Friesdat and Robin Gibson on activist efforts to urge CA Sec. of State to mitigate most dangerous elements of $300M computer voting machines before certification and critical 2020 general election...
By Brad Friedman on 8/31/2020 6:32pm PT  

On today's BradCast: We make short work (for now) of several breaking news stories from over the weekend and into today. Then its straight on to our main story today, which you will hear nowhere else in the media. [Audio link to today's full show is posted below summary.]

In January, we broke the news here on The BRAD BLOG and The BradCast that Los Angeles County's brand-new, unverifiable, $300 million, 10-years-in-development touchscreen polling place voting system had failed to meet more than 40 different California Voting System Standards, according to independent certification testers hired by CA's Secretary of State Alex Padilla. Despite critical security issues that alarmed voting system and cybersecurity experts, the machines were nonetheless "conditionally certified" by Padilla just prior to the March 3rd Super Tuesday primary in the state. The new machines (known as Ballot Marking Devices or BMDs) and the electronic pollbooks that are required to work with them, both failed spectacularly. Voters were disenfranchised by the "Voting Solutions for All People" or VSAP system, as many across the nation's most populous voting jurisdiction were either turned away or forced to wait for hours in line to vote.

It was well after midnight before all of those still in line finally cast their votes on Super Tuesday. It was, of course, impossible to know if any of those votes were tallied as per any voter's intent, because BMD systems print out a computer-marked paper ballot which may or may not reflect the actual intent of any voter. It's impossible to know if results are accurate in any election that uses BMDs for the majority of voters. Recent studies [PDF] find that more than 90% of voters do not notice when a BMD has misprinted one or more of their votes on the paper printout.

After the March 3rd disaster in L.A. (which we had warned about long in advance, to little interest from media or public officials, even from the L.A. County Supervisors, much less Sec. Padilla) the system's brainchild, Registrar-Recorder/County Clerk Dean Logan, was allowed a mulligan. He promised to fix what didn't work before the November election and told us all to simply trust him. Next time would be better. Many in the media then lost whatever interest they had as it was just weeks after Super Tuesday that COVID pandemic struck hard.

Well, now Padilla has recently posted the new certification testing results from Logan's mulligan, VSAP 2.1. The results do not inspire confidence, as many of the same problems with the system originally --- such as paper jams and misprinted QR Codes {PDF] --- still exist, according to testers. Now Padilla must decide in the next two weeks whether or not to certify them again. In truth, he has little choice as Early Voting is now just weeks away. While the state's decision to send every active voter a Vote-by-Mail ballot may help to ease many of the potential log jams at the county's new Voting Centers, ballots cast on the new systems --- as opposed to verifiable hand-marked paper absentee ballots --- are still vulnerable to manipulation and can never been known to reflect voter intent after the polls close.

However, there are some things that Padilla could require to be done to mitigate some of the worst dangers of the system if it is to be used for this year's critical November election. Several dozen election integrity and activist groups, along with a number of esteemed cybersecurity and voting systems experts, recently signed on to an excellent public letter led by the California Clean Money Campaign, demanding Padilla implement a number of the mitigations before certifying the updated voting systems.

We're joined today by LULU FRIESDAT, co-founder of SmartElections.us and ROBIN GIBSON, longtime Los Angeles Election Integrity advocate, to discuss those potential mitigations and the one-and-only public comments hearing held today online before Padilla's pending decision to certify. They report that Padilla did not bother to attend, though Logan, apparently, came by near the end of the session to claim that everything is now working fine. "Our registrar got on the call and dismissed two hours of worried voters, and said he had tests that said it was fine," Gibson explained. "It was like 'I win, nah, nah, nah.'"

As Friesdat and Gibson explain, the citizen advocates and experts are asking in their letter for the ballot boxes attached to each touchscreen tablet system to be removed, so that the computer-printed ballots don't have to pass back through the same printer heads after they've been (theoretically) verified by each voter. Experts warn [PDF] that sending the ballot back through the same printer path after verification is a major security risk, allowing the system to change voters votes, without their knowledge, after they have supposedly already approved their printed ballot. Instead, the group is urging that the attached ballot boxes be removed, and that ballots be deposited manually by voters into a separate ballot box at the polling place, for tabulation later.

The group is also asking Padilla to do away with the unverifiable QR Codes that are printed on each ballot. It is that code --- which can't be verified as accurate by any voter --- that is actually read by the optical-scan computer tabulators to tallly each ballot, rather than the human-readable text print out that voters may or may not have verified! "It is not secure to have the vote encoded in a QR code," Friesdat joins cybsersecurity experts in warning.

Moreover, the groups are calling for real, hand-marked paper ballots to be made available to any and all voters at Voting Centers for voters smart enough to want to cast a verifiable vote. "This is basic," Friesdat insists. "Hand-marked paper ballots are the gold standard that security experts recommend. It's not hard to provide them, and voters should be encouraged to use hand-marked paper ballots if they're able to mark by hand."

They also uge Padilla and Logan to finally release the source code to this supposedly County-owned and developed system. The money appropriated by tax-payers was done on the basis, advanced by both Padilla and Logan, that it would be a fully "open source" system, 100% publicly owned. All of that is also important because elections officials in other states and counties across the country have expressed interest in adopting this exact system if it ever actually works in L.A.

Friesdat and Gibson detail many of their own concerns, as well as others who offered public comment today before we open up the phone lines to listener questions about this terrible new system, just 64 days before Election Day and mere weeks before early voting is set to begin in Los Angeles County...

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

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How states, counties and YOU must help defend our 'last firewall'...
By Ernest A. Canning on 8/10/2020 10:05am PT  

This will not be easy. It never is. But, this year, we are facing obstacles to voting that we have never seen before. Not only from the unprecedented COVID-19 crisis, which is already difficult enough, but from those who hope to exploit the pandemic along with their access to the levers of power to make voting --- by some --- as difficult as possible. It is now up to all of us to overcome those obstacles.

President Trump is, by no means, the first right-wing Republican to recognize that he can't win if voters turn out in large numbers.

"I don't want everybody to vote," Paul Weyrich, the GOP's notorious godfather of right-wing voter suppression infamously quipped during a 1980 address to a group of evangelical Christian ministers. "In fact, our leverage in the elections goes up as the voting populace goes down," he added, after denigrating those who seek "good government" through maximum, informed voter participation, as people who suffer from "goo goo syndrome".

(The soaring pandemic death toll and an unprecedented 32.9% annualized second quarterly plunge in the GDP, serve as testament to what happens when We the People allow those opposed to "good government" to be placed in charge of our political economy.)

Trump's repeated attempts to suppress voter turnout are by no means novel --- as amply demonstrated during our two-part coverage (here and here) of the 2011 U.S. Senate hearings concerning a spike in GOP-engineered, state voter suppression laws. During those hearings nearly a decade ago, civil rights litigator Judith Browne Dianis described that spike as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

What makes our current circumstance both novel and extraordinarily dangerous is that an authoritarian-wannabe Donald Trump is the first Republican President who has been positioned to weaponize a pandemic by forcing voters to choose between exercising their fundamental right to vote and the risk of contracting a deadly virus. Instead of simply relying upon state voter suppression laws, Trump has aspired to engage in wholesale suppression on a national scale. Operating through a major GOP/Trump donor-turned-Postmaster General Louis DeJoy, Trump seeks to actively sabotage the social distancing protection that Vote-by-Mail (VBM) affords by creating delays in U.S. Postal Service (USPS) deliveries.

Last Friday, during a must-listen-to segment of The BradCast, Mark Dimondstein, President of the American Postal Workers Union (APWU), confirmed that mail slow-downs were "happening across the country" at a time in which the USPS was already in "crisis mode" as a result of the dangers posed by COVID-19. In his view, the Post Office is now at the "epicenter" of the 2020 battle over "voting rights", noting that "without Vote-by-Mail people aren't going to be able to vote."

Thus, in addition to fending off "dubious" Republican legal challenges to mail-in voting expansion, democracy's defenders --- which, in this case, includes We the People --- must now double our own efforts to navigate Trump's sabotage of mail delivery. This, at a time when election officials in states that have not previously engaged in near-universal VBM must upgrade their electoral infrastructure in order to accommodate and tabulate an unprecedented volume of hand-marked paper VBM ballots.

But there are proactive steps that jurisdictions --- and, yes, you! --- can take to maximize the odds that your ballot is tallied this year...

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




Guest: Ray Lutz of Citizens' Oversight; Also: Rest in Power, John Lewis...
By Brad Friedman on 7/20/2020 6:54pm PT  

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Rightwing organization and GOP candidate Darrell Issa charge mailing ballots to every registered voter violates the U.S. Constitution...
UPDATE: Case likely to be dismissed as moot...
By Ernest A. Canning on 5/26/2020 9:35am PT  

In a desperate attempt to prevent a high turnout of California voters for the critical 2020 General Election, attorneys from the extreme right-wing organization, Judicial Watch, filed a federal complaint [PDF] late last week on behalf of former Republican Congressman turned candidate again Darrell Issa with several named Republican voters in the U.S. District Court (Eastern District CA)

The complaint alleges that CA Governor Gavin Newsom and Secretary of State Alex Padilla, both Democrats, unlawfully usurped the power of the CA state legislature when, on May 8, they issued an emergency Executive Order in response to the COVID-19 crisis. The order directed the election officials of every CA county to "transmit Vote-by-Mail [VBM] ballots for the November 3, 2020 General Election to all [registered] voters" no later than "the last day on which [VBM] ballots may be transmitted."

The complaint alleges that the Executive Order violates the Elections Clause of the U.S. Constitution, Art. I, §4. That clause provides, in pertinent part: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."

The CA legislature, via the state's Voter's Choice Act, set forth explicit criteria that each county must meet in order to become an all VBM county. The Republican plaintiffs argue the Executive Order permits counties that have not met that criteria to act as VBM counties; that permitting all voters to cast VBM ballots "dilutes" the votes of the Republican voter plaintiffs who live in counties which have not met the statutory criteria. They seek to invalidate the Executive Order and compel those CA voters who have not timely requested absentee ballots under CA law, as it existed prior to May 8, to either vote in-person or not at all.

The Republicans' legal filing drew a sharp retort from Padilla: "Exploiting the COVID-19 pandemic to justify voter suppression is despicable, even for Judicial Watch's pathetically low standards."

From a legal standpoint, the Republicans' legal arguments are frivolous...

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




New stats prove 'opening' the country now will be a deadly disaster; COVID death projection doubled; Also: Attorney Doug Ecks on new details about L.A. County's $300 million touchscreen voting system debacle...
By Brad Friedman on 5/4/2020 7:09pm PT  

I might have headlined this show "See? I told ya so!", except Rush Limbaugh ruined that phrase for all of us years ago. On today's BradCast: The Administration's persistent lies about coronavirus and Trump's pressure to "open" the country long before we should (since he's failed to marshal any national plan whatsoever for broad testing and contact tracing) will result in tens of thousands of more deaths than necessary. But we told you so long ago. Meanwhile, more evidence is in to prove Los Angeles County's new, $300,000,000 touchscreen voting systems was a disaster for voters (but we told you so there as well, long ago) even though Bernie Sanders was finally, officially, announced the winner of the California Presidential Primary --- two months after it was held on Super Tuesday. [Audio link to full show is posted at end of summary.]

As we have been warning, there is currently no good reason to throw open the doors for business amid the coronavirus pandemic, other than Donald Trump really thinks that doing so will improve the economy and his chances of winning re-election. But Trump's Fantasy World beliefs that it is safe to do so are belied by more and more evidence in both this country and around the world --- and even from his own Administration's unreleased figures. The New York Times today reports on private projections by FEMA and the CDC that the daily death rate in the U.S. could reach as high as 3,000 deaths by June 1, particularly with the loosening of restrictions around the country by mostly Republican Governors. Perhaps that's one reason Trump, on Sunday, conceded that the death rate could reach 100,000 in the coming weeks after telling us just two weeks ago that he excepted about half that many deaths, around 50,000.

But, as health and science experts have been at pains to try and tell us, nothing has actually changed to make opening up any safer now that it was back in March, when the epidemic caught fire in the U.S. In fact, infection rates have been spiking in many areas, particularly in rural regions of the country. The newly unearthed FEMA/CDC docs forecast about 200,000 new cases each day by the end of this month in the U.S., as compared to the current rate of about 25,000 confirmed new infections per day.

New statistics coming in from countries around the world which have begun opening up their economies again, show the number of infections and deaths beginning to spike there again. And today, the model at the University of Washington's Institute for Health Metrics and Evaluation (IHME) has been revised. Their previous projections of an estimated 70,000 U.S. deaths by August has now been doubled to nearly twice number that at 135,000, due, they announced, to relaxed social distancing and increased mobility. The IHME model has long been used by the White House and others, and we have long told you that it was extremely conservative in its projections. (So, again, yeah, told ya so.) Even a Republican Governor, Mississippi's Tate Reeves, wisely decided late Friday to hold back for the moment on the further loosening of restrictions in his state. The announcement cane during a press conference where he had originally planned to do so. That, due to a spike in the state's infection and death rate after he lifted some restrictions prematurely on April 24.

All told, that's a helluva lotta dead Americans piling up all so that Trump and Republicans can try to stay in power.

In related news, we have a quick follow-up today on a new poll we covered last week that found Joe Biden leading Donald Trump in Texas(!) by 1 point, essentially a tie. As we mentioned last week, that poll from Public Policy Polling could simply be an outlier. But, over the weekend a second poll, this one from the Dallas Morning News/University of Texas, also finds Biden and Trump deadlocked in the Lone Star state with 43% a piece among registered voters. Maybe those polls are not outliers and Texas could finally be a battleground state that could flip "blue" this year for the first time since 1976. November is a thousand years away of course, but, once again, it all underscores that every vote in every state will count this year. Thus, the fight now playing out over how people will be able to vote in both upcoming primary elections around the country and in this November's critical Presidential election.

We've been reporting in recent weeks on a spate of lawsuits around the country and both good and bad news --- depending on the state and county --- regarding moving away from dangerous, disease vector touchscreen voting systems and towards much safer absentee ballots. Another new lawsuit toward that end was filed in Tennessee over the weekend by the National Lawyer's Committee for Civil Rights Under the Law, challenging what they describe as "some of the most restrictive absentee voting rules in the nation".

But here in Los Angeles, the County's Board of Supervisors voted unanimously last week to require that a Vote-by-Mail ballot be automatically sent to every registered voter in the nation's largest voting jurisdiction this November. That is encouraging news, given that the County's Registrar Recorder/County Clerk Dean Logan has been clinging to his new, failed $300,000,000 touchscreen voting system that crashed and burned so spectacularly during the March 3 Super Tuesday Primary in the state.

On that score, we have the "breaking" news late Friday from CA Sec. of State Alex Padilla, certifying that Bernie Sanders defeated Joe Biden by 8 points (36 to 28%) on March 3rd, after the Golden State's already 30-day long counting and certification period was extended to two months due to the COVID crisis. In Los Angeles County, Sanders enjoyed an 11 point win over the former Vice President and now presumptive Democratic Presidential nominee. So, no, despite what some in the media had irresponsibly told you, California was not stealing the election from Bernie (nor does any evidence persuasively show that they did so in 2016 either.)

We do, however, have more information today on the boondoggle "VSAP" (or Voting Solutions for All People) voting system that Logan forced on L.A. voters for the first time --- and, hopefully, the last --- on March 3rd. We're joined today by DOUG ECKS, a private attorney who, with Katherine McNenny, filed a public records request with Logan's office after the election to learn the number of new touchscreen voting systems that failed and the number of new electronic pollbooks that did the same, leading to hours-long voting lines in Los Angeles. They also sought copies of problem report records from poll workers.

While the L.A. County Registrar-Recorder/County Clerk's office failed to respond with any hard numbers on system failures (Ecks says he may sue to get that information), they did provide hundreds of page of problem reports from poll workers that Ecks and McNenny recently wrote about at Medium. Ecks joins us to detail some of those findings today and to discuss the importance of public oversight of our elections.

Among the news from their records request: the systems failed all across the county, often spectacularly. One problem report he notes, for example, found that 11 of 30 voting machines failed at a single voting location. That's an extraordinary failure rate for the brand-new tablet-style systems, developed over 10 years at extraordinary expense to tax-payers by Logan. When I asked Ecks today if, based on his findings, he thought the systems should be used again in the future, he answered with his own question: "If you bought 30 gallons of milk and 11 were spoiled, would you go back to that store?"

We finish up today with a few quick thoughts from callers...

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Trump's woeful coronavirus response as markets crater; Bullock to run for U.S. Senate in MT; Mop-up and blame game continues after L.A. County's Super Tuesday fail; Callers ring in...
By Brad Friedman on 3/9/2020 6:24pm PT  

On today's BradCast: Staying laser focused on the things that actually matter if we ever want to restore this nation and the world with it! [Audio link to show is posted below.]

The stock market cratered (again) on Monday, over fears about the quickly spreading coronavirus and plummeting oil prices. That, as the President of the United States tried to tweet away the problem while spending the weekend playing golf and throwing parties for his son's girlfriend at his Palm Beach resort before finding time on Monday to attend two fundraisers in Orlando as the Dow dropped more than 2,000 points, its largest one-day point drop ever and the worst crash seen on the markets since the 2008 global financial meltdown.

With the abysmal failure of this Administration to competently handle either ongoing crisis (and, in fact, make them both worse), we continue to focus on the only foreseeable way out of this disastrous mess: The November 2020 election. On that front, we've got both good news and bad, as usual, with 6 more states --- Idaho, Michigan, Mississippi, Missouri, North Dakota and Washington --- set to vote tomorrow, even as mop-up from voting system failures and counting of votes continues from last week's Super Tuesday in 14 states.

Among the many stories covered on today's program before opening lines to callers with still more tales of horror from voting out here in Los Angeles County last week on our failed new touchscreen voting systems and electronic pollbooks...

  • Bernie Sanders supporter Rep. Alexandria Ocasio-Cortez (D-NY) said she would vote for Joe Biden if he becomes the nominee, and she recommends that you do too;
  • Montana's popular Democratic Governor Steve Bullock announces that he will jump into the race for U.S. Senate to unseat Republican Sen. Steve Daines after all, giving the Democrats a fifth potential takeover to win back a Democratic majority this November;
  • We share some listener email including a woeful story of failure at the polls here in Los Angeles last week, and from a regular listener in Oregon who can't understand why Los Angeles, which saw hours-long lines to vote at the County's new "Voting Centers" on Super Tuesday, doesn't go to an all Vote-by-Mail system (as used in the Beaver State now for two decades.);
  • California's Sec. of State Alex Padilla, who has been a big proponent of L.A.'s County's new $300,000,000 unverifiable touchscreen voting system over the past ten years, pretends to be outraged about what happened last week and directs L.A. to move to an all VBM system for the critical November election. However, Dean Logan, L.A. County's Registrar-Recorder/County Clerk, the man who spent the last ten years developing the new failed voting system, says he's not sure he thinks VBM for all would be a good idea;
  • And the Washington Post's Margaret Sullivan penned a landmark column on Sunday, charging "the media is blowing its chance to head off an Election Day debacle" by obsessing over "the horse-race" while ignoring "the very core of Election Day: voting itself". She excoriates the corporate media for failing to cover the many predictable disasters we saw last week in California and Texas until "after-the-fact" while ignoring "deeper issues such as the pressures and inducements for governments to invest in untried new voting machines" when "old-fashioned hand-marked paper ballots" are "the least hackable and the most audit-able". In short, her column sounds alot like just about every rant we've ever offered at either The BRAD BLOG or on The BradCast and spurs us to keep going...whether you like it or not. Thank you, Ms. Sullivan!;

While we've got a bunch of related stories about voting failures, dirty tricks and concerns out of Georgia, Texas, Florida and elsewhere, they'll have to wait until tomorrow's BradCast, as we wanted to open the lines to still more callers with woeful stories of their voting experiences at the Super Tuesday polls here in Los Angeles last week...

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Guest: Jodi Jacobson; Also: Bullock for Senate in MT?; GA county dumps touchscreens; Unknown Dem candidate forces TX House run-off election...
By Brad Friedman on 3/5/2020 6:36pm PT  

On today's BradCast: Sad news for many regarding the end of Elizabeth Warren's run for the 2020 Democratic Presidential nomination. But we start with what suffices for good-ish news today regarding both voting and electoral politics, and one very mysterious Super Tuesday election result out of Texas. [Audio link to show is posted below.]

  • First up, the Board of Elections of Georgia's Athens-Clarke County, where early voting has already begun for the state's March 24 Primaries, has voted to ditch their new touchscreen voting systems to move to a hand-marked paper ballot system. The move is in defiance of the state's Republican Sec. of State Brad Raffensperger, who has ordered the use of new, 100% unverifiable touchscreen voting machines across the entire state, after the County's Board determined that the huge screens on the new Dominion ImageCast systems, said to be visible from 30 or 40 feet away, violate voter's right to a secret ballot under state law. (We interviewed Marilyn Marks of the Coalition for Good Governance, the plaintiff in an emergency lawsuit to move to hand-marked paper ballots in another Georgia county for the exact same reasons, last week.);
  • More good-ish news out of Montana, where the state's popular Democratic Governor Steve Bullock is reportedly considering reversing his earlier vows that he would not run for U.S. Senate this November against Republican incumbent Sen. Steve Daines. The Governor, a former 2020 Democratic President candidate, won his statewide re-election in 2016 on the same ballot on which Donald Trump is said to have won the state of Montana by 20 points. If Bullock decides to enter the race by Monday's filing deadline, it might offer Democrats a shot at winning the fifth seat they would need to flip in order to retake a clear majority in the U.S. Senate next year. Dems have targeted four other U.S. Senate seats --- in Arizona, Colorado, Maine and North Carolina --- which they believe to be winnable in November, but would need a fifth seat if Alabama's Democratic Sen. Doug Jones is unable to hold on to his this year;
  • The totally predictable fallout from Los Angeles County's disastrous Super Tuesday election continues today, after the County's new $300,000,000 unverifiable touchscreen voting systems and electronic pollbooks failed so spectacularly during their first countywide use in the March 3rd elections. Washington Post's coverage last night confirms that election workers in L.A. were, indeed, ordered not to speak to media (as I originally reported on Sunday, only to be called a liar on Twitter by the brainchild of the new, failed voting system, L.A. County Registrar-Recorder/County Clerk Dean Logan).

    But the biggest breaking news in the embarrassing meltdown that resulted in hours-long lines and disenfranchised voters on Tuesday is that CA's Democratic Sec. of State Alex Padilla --- who certified the new systems for use in January despite warnings from cybsersecurity and voting systems experts, and despite the system's more than 40 violations of California Voting Systems Standards --- has now directed L.A. to send hand-marked Vote-by-Mail ballots to every voter in the County for this November's critical Presidential election;

  • And, in Houston --- which also saw hours long lines for voters during its primaries on Super Tuesday --- a mysterious, completely unknown candidate on the Democratic ballot has has helped force a run-off for one of the longest serving members of the Texas state House. Despite Natasha Ruiz receiving more than 20% of the vote on Harris County's 100% unverifiable voting systems, the other three candidates in the race say they have never seen Ruiz or found any evidence that she actually had a campaign. She placed third in the four person race, resulting in just 45% of the vote (less than the 50% required to avoid a run-off) for long-serving State Rep. Harold Dutton, who is now investigating whether Ruiz even exists;
  • Finally, we're joined by the former Editor in Chief of Rewire.news, JODI JACOBSON, a devoted Elizabeth Warren supporter, who is mourning today's announced end of the crusading progressive Massachusetts Senator's once-very promising Presidential bid. We discuss what Warren did right and where her candidacy appears to have gone wrong, why Americans appear to have been afraid to vote for her, and whether Warren might be tapped with a Vice-Presidential nod on either a Joe Biden or Bernie Sanders ticket...

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Guests: L.A. County poll workers Larry Dilg and 'Doug'; Also: Biden's stunning wins over Sanders; Bloomberg quits; Warren reassesses...
By Brad Friedman on 3/4/2020 6:51pm PT  

Voting ground to a near halt on Super Tuesday in a number of states, most notably in major jurisdictions in Texas and California relying on electronic pollbooks and unverifiable computer touchscreen Ballot Marking Devices (BMDs). Who could have predicted it? Oh, yeah. We did. Over and over again on The BradCast. Not that many in the corporate media heeded our warnings. We know elections officials certainly didn't. [Audio link to show follows below.]

In Texas, the main problems seem to revolve around a lack of poll workers due to coronavirus fears and, most notably, a lack of voting machines for Democratic voters in many areas, since the Republican Party was unwilling to share their state-mandated even number of voting machines with voters from the other party. Obscene wait times as long as 6 or 7 hours to vote were reported in some locations in the Lone Star State.

In California, many counties did away with precinct based voting for the first time this year in favor of a Voting Center model. That meant that voters could cast their ballot at any of a smaller number of voting centers which took the place of community-based precincts. In Los Angeles County, for example, there were about 1,000 voting centers, compared with 5,000 precinct polling places in previous years. In order to accomplish this new paradigm, and allow voters same-day registration and party switching, computerized electronic pollbooks were used to check in voters. The systems check records against the state voter registration database in order to sign in voters before they can vote. But those computers had trouble in more than a dozen counties syncing up with the state database for some (still-unexplained) reason. That resulted in hours-long lines and voters forced to cast provisional ballots in many locations.

But the worst situation was undoubtedly in L.A. County, where a brand-new, 100% unverifiable, $300,000,000 touchscreen voting system was also deployed countywide for the first time. It did not go well. Voters across the nation's largest voting jurisdiction were stuck in two to four hour lines in many cases at voting centers where the e-pollbooks slowed down to a crawl and/or where BMDs failed to work, reportedly flipped votes, or had their paper ballot summaries become jammed in the new computer systems. A County spokesperson estimated on Tuesday that 20% of the new "Voting Solutions for All People" (VSAP) BMDs had failed. (By the way, that link to the main VSAP website at vsap.LAVote.net, singing its praises and listing its many partners who signed on to it, now appears to be down, even as the regular LAVote.net site seems to be working fine. A telling omen?)

As one Twitter listener quipped on Tuesday night: "#ShouldaListenedToBrad". (Anyone feel like making t-shirts for a fund raiser?)

We're joined today by two longtime L.A. County election workers, LARRY DILG and "DOUG", after their impossibly long days of service over this past week. We discuss what went wrong (and right) at their respective voting centers using L.A. County's new voting system --- ten years in development by Registrar-Recorder/County Clerk Dean Logan, and warned against for most of those years by yours truly, for many of the reasons which revealed themselves to all on Tuesday.

"I think we faced into the problems pretty well," Dilg tells me. "We had 25 machines in our room. The machines would sometimes stop working, or get quirky --- paper jams and stuff like that. I thought it went pretty well, actually, considering. The big thing I experienced was there were many more voters than we've ever seen in our center before."

"I think we had one or two machines that just were down for the count," he continued. "Other than that, it was almost like they got overloaded for awhile and needed a rest. We'd give them a rest, then reboot them, and they were back up and running." He pegged the failure rate at closer to 10% for the BMDs at his voting center.

"Doug" reports: "I had eight BMDs, and two of them broke, ultimately with paper jams, and I had to take them out of action. Smartmatic people came and fixed those two." For the record, while the VSAP systems were designed and supposedly owned by the County, they were manufactured by Smartmatic, a voting machine company with a dubious history. I was surprised to hear that their employees were here and allowed to directly service the machines mid-election, much less at all.

As to the e-pollbooks, "Doug" reports: "They seemed to get worse and worse, over time. The problem with them is that they have to re-sync periodically with headquarters in Norwalk, to update themselves so that they know who has voted and who hasn't voted. According to my worker, the machine was updating about every 15 minutes, so every 15 minutes, it was down for two or three minutes ... So the problem was this updating was taking quite a bit of a long time and it seemed to get worse and worse as more people voted. We only had two pollbooks at my location, and sometimes they were both updating at the same time, which meant that anybody you tried to process during that period had to vote with a provisional ballot."

While Doug is "concerned about the tally of the votes", Dilg, a self-identified "idealist" believes "it's a really good system", even with all of the problems revealed on Super Tuesday. "I have to say yesterday was a very positive experience because there were people doing good things, all around the room, and feeling good about being citizens in a democracy. That kind of civic experience is very different from a rally, and it's a beautiful experience." Both say they will work again as pollworkers, and urge others to do the same.

And, oh, yeah. We also discuss the reported results across the country from Super Tuesday, where Joe Biden stunned the pundits with many unexpected victories in 10 states, including in Texas and Elizabeth Warren's home state of Massachusetts (where she placed third according to computer-tallied results!) and where Bernie Sanders won four states, including the day's richest prize of California (presuming the many weeks of counting ahead in the Golden State don't result in a change to the current standings in its partial tallies).

Also, NYC's billionaire former Republican mayor Mike Bloomberg dropped out of the Democratic Presidential race and endorsed Joe Biden, after dumping half a billion dollars to win zero states. And Elizabeth Warren, the only other remaining candidate in the race to have won delegates, is reportedly assessing the outlook on how and if she will move forward in what now appears to be a two-man race for the Democratic nomination...

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Hours-long lines as computer touchscreen and e-pollbook systems fail in CA, TX; TN voted anyway, despite deadly tornadoes in Nashville...
By Brad Friedman on 3/3/2020 5:57pm PT  

Okay, I gotta make today's BradCast summary really quick, as polls are closing around the country and people are still fighting like hell to cast their votes out here in California. [Audio link to show follows below.]

With 14 states voting in today's critical Super Tuesday elections, voters were once again prevented or absurdly delayed in their attempts to take part. Of all the states holding elections today (Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia) only one --- maybe two --- had a good excuse for the failures.

Tennessee was hit with early morning tornadoes, which resulted in at least 25 dead in or near Nashville, with some 15 polling places knocked out by the storms. Voting continued nonetheless in the Volunteer State, as well as in Alabama, which also saw several twisters just as polls opened Tuesday morning.

But what are the excuses for forcing voters to wait in line for hours in places like Austin and Houston, Texas and up and down the great state of California, where almost 700 delegates in total will be awarded towards the 1,991 needed to win a majority for the Democratic Presidential nomination?

In the dozens and dozens of cases emerging throughout the day --- in L.A. County and at least 15 other California counties, not to mention all over Texas --- as covered on today's program (at least as many of them as we could fit in to a single hour!), it was the failure of computer touchscreen voting systems and electronic pollbook check-in computers. All of which was completely predictable. And we should know, because we've been predicting it for months and much longer, as long time listeners and readers likely know.

We cover a tsunami of such problems across the country today, particularly in California, where Bloomberg News is reporting tonight that L.A. County is admitting some 20% of the the new voting machines deployed for the first time countywide in this election failed to work today. Yes, these are the brand-new, 100% unverifiable, $300,000,000 touchscreen voting systems (which we've very specifically been a lonely voice in warning about for YEARS --- yes, as long ago as 2010, when I was invited to the first development meeting and gave the very same warnings many others are finally offering today. See my 2013 interview with their brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, from back before he decided to no longer answer my questions or appear on the program.)

We also open the phones to callers ringing in with their own various nightmarish experience on L.A. County's new systems and we get an update from the polls in Southern California via KPFK News Director ERNESTO ARCE along with much more infuriating madness on today's program. (Including a smear on Twitter from Logan who called me a liar there last night after I had reported on Sunday that a poll worker at the Hollywood Bowl voting center said he was not allowed to speak to the media and that I had to call a special number to ask questions like "Was it busy today?" "Why was this voting center shutdown for hours yesterday?" "Have many voters been seeing their ballots jammed in the new printers, like that woman?" But, of course, I shared the "receipts" to show who was actually lying.)

Finally, Desi Doyen joins us for our latest Green News Report, on billionaire climate activist Tom Steyer quitting the Democratic Primary race, the coronavirus' deadly clearing of China's air, and a sad sign of climate change at Yosemite National Park...

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Also: Super Tuesday Early Voting began this weekend on L.A. County's new, unverifiable touchscreen vote systems. How do you think it went?...
By Brad Friedman on 2/24/2020 6:23pm PT  

On today's BradCast: A look at what happened over the weekend in Nevada, and a look ahead at wait awaits in South Carolina on Saturday, Super Tuesday three days later, and yes, even beyond. [Audio link to show is posted below.]

So, the Caucuses in Nevada over the weekend went only slightly better when it came to reporting results than the Iowa Caucuses two weeks ago. But, because Bernie Sanders appears to have won in a rout there, the corporate media declared as much and didn't seem to be bothered, or even much notice, that it took another three days before all results were actually in. (Proving once again that corporate media is interested in headlines, not about making sure that voters see their votes counted accurately.)

We cover the reported results out of NV today, beginning with Sanders' landslide victory there, and the fight for runners-up, with Joe Biden coming in second over Pete Buttigieg, followed by Elizabeth Warren in fourth place. She was followed in turn by Tom Steyer and then Amy Klobuchar.

But the night belonged to Bernie. He received well over twice the number of votes than his nearest competitor (Biden) in NV. Buttigieg challenged the reported results from the Saturday caucuses and attacked Sanders during his post-caucus remarks to supporters in a way that Republicans should be very happy about (and in a way that Sanders would have been justifiably excoriated for, had he done anything similar in either 2016 or in this year's cycle.) We explain all of that on today's show.

We also look forward to this Saturday's important Primary in South Carolina and to Super Tuesday in 14 states just three days later on March 3rd. In SC, Biden's once seemingly-insurmountable lead in pre-election polling appears to be slipping, even as he retains a small edge over Sanders there, according to NBC/Marist, as of today.

At the same time, the national polls are seeing some movement as well, with Warren surging into second place behind Sanders and ahead of Biden in a new CBS/YouGov poll out today, reflecting what many regard as her strong debate performance last Wednesday. Their performance, however, was not reflected in the NV Caucuses given, that most caucus-goers had already voted before the debate in Early Voting (which was used for the first time there this year.)

So, with Sanders the front-runner at the moment, having won the popular vote in each of the first three primary/caucus states, members of the "Democratic Establishment" and their media supporters appear to be, well, freaking out a little bit. We play some of that freak out and discuss.

For the moment, however, all eyes are now on South Carolina, where voters across the entire state will be forced to vote on brand-new, 100% unverifiable touchscreen Ballot Marking Devices (BMDs). The new systems, made by Election Systems and Software, Inc., replace the state's old 100% unverifiable touchscreen Direct Recording Electronic (DRE) systems, also made by ES&S. Their systems have failed in election after election over the past decade in the Palmetto State and elsewhere. But, of course, even if they work as designed this Saturday in the SC Primary, it will still be 100% impossible to know after polls close if any ballot cast on the expensive devices actually reflect the intent of any voter.

That's just one of the problems --- though, one of the biggest --- with BMD voting systems. In Los Angeles County --- which has more registered voters in it than the entire state of South Carolina has people --- the Early Voting period for the March 3rd Super Tuesday primary (which will be held in 14 states) began on Saturday. We've been covering L.A. County's brand-new, $300,000,000 touchscreen BMD voting system for some time (about a decade in fact), warning about many of its failures and potential failures.

So, how do you think the first day of Early Voting went in L.A.? According to this report, and some of our own reporting as well, it did not go well, with officials unable to start up the new e-voting systems at all for several hours in a number of locations, some locations where the equipment didn't even arrive in time for Saturday's Early Voting, and an absense of the paper write-in ballots that were supposed to be available at every polling site as the first "condition" in the CA Sec. of State's recent "conditional certification" [PDF] of L.A.'s new "Voting Solutions for All People" (VSAP) touchscreen system.

And now it's your last chance, if you live in L.A. County, to get a real, hand-marked paper ballot instead, by visiting LAVote.net to request a Vote-by-Mail ballot for the March 3rd election before Tuesday night, February 25th at midnight! (And please do the same if you live in ANY jurisdiction in the country where you will be forced to vote on a touchscreen voting systems at the polls!)

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Story details (some of) my concerns about the new $300 million unverifiable touchscreen system in the nation's largest jurisdiction
NOW UPDATED WITH FOLLOW-UP REPORT...
By Brad Friedman on 2/6/2020 1:31pm PT  

A few days ago, I ran the :30 second preview for this report from David Goldstein of CBS-2 Los Angeles on the new,100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems being deployed to all polling places in Los Angeles County (the nation's most populous) for the first time in the critical 2020 elections. I am seen in the preview responding bluntly to how much confidence voters should have in this new system, as paired with the response to the same question from Goldstein by L.A. County Registrar-Recorder/County Clerk Dean Logan.

We now have Goldstein's full video report and it's posted below.

The first countywide use of the $300,000,000 system, ten years in development, will be for the upcoming Super Tuesday primary on March 3rd in California. What could possibly go wrong? Well, just ask Iowa.

But, beyond that, I've spent a great deal of time in recent weeks, months (and, yes, years) specifically detailing what could go wrong, from the fact that...

  • these systems were recently "conditionally certified", by CA Sec. of State Alex Padilla, despite warnings from experts after they were found to have failed failing to meet more than 40 California Voting Systems Standards;
  • that the computer-marked paper ballots it creates can be changed by the system without voters knowledge after they are supposedly verified by voters and then run back through the same printer path that printed them in the first place;
  • that a recent study found that 93% of voters do not notice when a BMD system has flipped one of their votes;
  • that Los Angeles County is being sued by Beverly Hills because the system only displays four candidates in any given race at a time, which means that voters could hit the NEXT button to go to the next race, without ever seeing all of the voters in the contest (something that is also not a problem when using a more reasonable, sensible, much less expensive hand-marked paper ballot system);
  • that this system could result in voters not being able to vote at all, if there is a power or internet outage or ransomware attack;
  • and that even if voters succeed overcoming all of these obstacles and manage to correctly verify the computer hasn't changed their vote, there is till no way for anybody to know after an election, whether any vote has been printed accurately as per any voter's intent!

That's just some of the concerns about these systems --- and they are true for the new system being deployed in L.A. called VSAP for "Voting Solutions for All People", as well as for other similar systems being deployed for the first time this year in critical battleground states like Georgia, Pennsylvania, North Carolina, Texas and elsewhere, for some insane reason.

Anyway, while I'll have more to say about this on today's BradCast later tonight, I'm happy that at least a few corporate media outlets are waking up to these concerns. Too few, if you ask me. Perhaps more will do so after what's happened in Iowa. But, for now, here's the full report now from CBS-2 Los Angeles' David Goldstein, as aired Tuesday evening on the 11 o'clock news.

WATCH...

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




Also: Tragic death of an L.A. icon and listener calls on all of the above...
By Brad Friedman on 1/27/2020 6:09pm PT  

On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

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Guest: Heather Digby Parton; Schiff's powerful plea; CA Sec. of State 'conditionally certifies' VSAP touchscreens, adds curious 'hand-marked paper ballot' provision, Beverly Hills sues over system's critical flaw...
By Brad Friedman on 1/24/2020 6:17pm PT  

Our special coverage of Donald John's Trump Senate Impeachment trial continues on today's BradCast, but we interrupt that coverage briefly at the top of today's show with some breaking news out of California, on a story we've been covering closely. [Audio link to show follows summary below.]

After we revealed last week that Los Angeles County's new, 100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems were found by the Secretary of State's independent testers to have failed to meet more than 40 requirements of the California Voting System Standards, we called on Sec. of State Alex Padilla to deny certification of these horrific systems and to require a verifiable HAND-MARKED paper ballot system instead for all voters in the nation's largest voting jurisdiction. We called on listeners to send Public Comment to the SoS before the Public Comment period for certification ended this past Monday for L.A.'s new $300,00,000 touchscreen "Voting Solutions for All People" or VSAP system.

I sent my own comment and, in doing so, cited a comment from the brainchild behind L.A. County's new voting system, Registrar-Recorder/County Clerk Dean Logan. As we noted in that comment, Logan promised me a year ago, in January of 2019 via email, that "The equipment/system components [for VSAP] are/will be … in compliance with California's voting systems standards that exceed the federal voluntary system standards."

That vow from the County's top election official now turns out to have been untrue. Today, incredibly, Sec. Padilla "conditionally" certified [PDF] the VSAP system for first-time countywide use in the March 3rd Super Tuesday primaries, despite all of its many flaws.

He did, however, include a very curious --- and, for now, confusing --- condition, stating that "Los Angeles County shall make available in each vote center a sufficient number of blank write-in paper ballots for any voter that requests to cast a hand-marked paper ballot"...

What that means exactly, and whether this now means that every voter will be able to vote in any party's primary with a verifiable hand-marked paper ballot simply by requesting one at one of the 1,000 new Voting Centers (which replace the 5,000 community precincts we've always used in L.A. in previous years) remains to be seen. I have queries out to both the Secretary and Registrar and will report back whatever I can learn when I do.

In related news, the City of Beverly Hills announced Thursday they will sue the County, due to the fact that the VSAP system, as we explained last week, only shows four candidates in each race, before a voter is required to hit a "MORE" button if they wish to see additional candidates in the same contest. That "MORE" button, however, is very close to the "NEXT" button on the touchscreen, and takes voters to the next race without ever showing them all candidates in the previous one.

Padilla's conditional certification calls for mitigation to this enormous design flaw, but not until five months from now when "a plan" must be presented to the SoS regarding redesigned "functionality and usability". That means this flaw --- and the others --will be there for the critical March 3rd primaries and potentially changed before the crucial Presidential election in November. Whether that design change will actually be independently tested to ensure it has not introduced other problems also remains to be seen. But Beverly Hills, which has an upcoming election for City Council with five candidates on the ballot (one who will be hidden on Page 2 of the touchscreen for this race) has now filed a legal complaint, announcing they "are deeply troubled that voters will be disenfranchised by the new VSAP system."

Then, it's back to the ongoing mess on the East Coast in Trump's Impeachment Trial. We share the powerful and impassioned closing remarks from Thursday night's session from Rep. Adam Schiff. The lead Democratic House Manager spoke directly to Republican Senators about the internal dilemma that many are almost certainly facing in realizing the necessity of removing Trump before he cheats again on the 2020 election as he did in 2016 and, as Democrats have proven beyond a shadow of doubt, that he attempted to do in his unlawful pressure scheme with Ukraine to force them to announce an investigation seeking dirt on Joe Biden and an evidence-free claim about the 2016 election. Sadly, despite the power of those remarks, nobody who watches Fox "News" saw them because, as Media Matters found, the pretend "news" outlet showed live coverage of the actual, historic Senate trial "during its evening programming (between 7 p.m and 11 p.m. EST) for a total of just 22 seconds."

We're joined today by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to help us make sense of the past week of the trial as Democrats wrap up their opening (and perhaps closing) argument; what we can expect from the President's attorneys who begin their own presentation in response on Saturday; our best analysis of what comes next; and why Parton predicts "jury nullification" and believes "shamelessness is their superpower"...

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

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By Brad Friedman on 1/20/2020 3:07pm PT  


The Public Comment period regarding certification of Los Angeles County's 100% unverifiable new touchscreen Ballot Marking Device (BMD) system ends today (Jan. 20th at 5pm PT).

As we have been discussing in great detail recently on The BradCast, the new system failed its independent certification tests, by revealing more than 40 violations of California Voting System Standards. Nonetheless, CA Sec. of State Alex Padilla appears set to certify these horrific new unverifiable voting systems anyway in time for its first time county-wide use in the critical March 3rd Super Tuesday Presidential Primaries.

Here is the letter I wrote to the Public Comment address (VotingSystems@sos.ca.gov) earlier today, advising against the certification of these machines and in favor of HAND-MARKED paper ballots instead for all...

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




Also: Fall out from yesterday's exclusive news on major security failures discovered in Los Angeles' new $300M voting system, and much more...
By Brad Friedman on 1/14/2020 5:58pm PT  

On today's BradCast, as we wait for the House to send Donald Trump's Articles of Impeachment to the Senate, and we wait for the Senate to begin his impeachment trial, and we wait for Tuesday's night final Democratic Presidential debate before the Iowa Caucuses, and we wait for primary voting to begin in earnest next month, the fight for voting rights and for the way voters will cast their votes has been long underway, and it cannot wait any longer. [Audio link to complete show is posted below summary.]

We've got several major court victories today in the fight for voting rights, and a follow-up to yesterday's exclusive revelations of the massive failures discovered in the new, 100% unverifiable touchscreen voting systems set for first-time use in the critical 2020 Presidential election cycle in Los Angeles County, the nation's largest voting jurisdiction.

First up today, a Wisconsin state courts of appeals panel has stepped in to put a freeze on the massive voter purge of some 200,000 voters, as demanded by a rightwing legal outfit and a state court judge who was apparently willing to do their bidding. A three-judge panel on Wisconsin's District 4 Court of Appeals put the brakes on Ozaukee County Circuit Court Judge Paul Malloy's order to immediately remove the voters and on his $250/day fine against each of the three Democratic appointees to the state's Elections Commission who oppose the purge.

The voters who failed to respond to a verification postcard sent by the Commission were disproportionately found to be located in the state's most Democratic-leaning jurisdictions. They had been initially set for removal from the rolls in 2021, until Wisconsin's so-called Institute for Law and Liberty filed suit and found a very friendly judge in Malloy. He recently ordered the immediate removal of the voters, despite opposition from both the Democratic Commissioners and the state's Democratic Attorney General Josh Kaul. The ruling by the appellate court to protect as many as 200,000 voters is key in a battleground state said to have been won by Trump by just 23,000 voters in 2016.

Today's decision in WI somewhat echoes a ruling by a federal judge in New York State late last week, who ordered that voters determined to be "inactive" due to a failure to respond to mailings or bad information from the U.S. Postal Service, must be listed in poll books on Election Day. A failure of so-called "inactive" voters to appear in poll books at state precincts led to chaos and disenfranchised voters during the 2016 election in New York.

During the course of last year's trial in this matter, it was revealed that both members of the State Board of Elections and New York City Board of Elections found that many voters on the "inactive" list should not have even been on the list in the first place. Federal District Court Judge Alison J. Nathan ruled that State Board of Elections' procedures were in violation of both the U.S. Constitution's 14th Amendment Equal Protection Clause and the National Voter Registration Act of 1993.

Then, we turn to some of the fall-out from the hornets nest we helped kick over on Monday's BradCast, when we detailed major security defects discovered by state certification testers in Los Angeles' new "Voting Solutions for All People" (or VSAP) voting system. The brand-new $300 million system, as we discussed in details on yesterday's program, is yet to be certified for use in California by Sec. of State Alex Padilla, but he is expected to sign off of it despite the massive failures discovered by the analysts that could put the 2020 elections in jeopardy in the nation's largest voting jurisdiction, thanks to the completely unverifiable and highly flawed new touchscreen voting systems.

Today, we share some of the responses we've received following yesterday's blockbuster show and some of the public comments sent by listeners to the Sec. of State seeking rejection of the new system in favor of hand-marked paper ballots for all voters. Letters must be sent to VotingSystems@sos.ca.gov before the Public Comment period for certification ends this Monday, January 20, at 5pm Pacific Time!

Finally, we're joined by Desi Doyen for the latest Green News Report, with some news on a family feud and potential climate change shake-up at Rupert Murdoch's Newscorp in the wake of the devastating Australian bushfires that have ravaged the country for weeks; new details on the extraordinary costs of our climate crisis; and the weekly arrests of climate action champion Jane Fonda...

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

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