The ballots cast in Waukesha County during the June 5th Gubernatorial recall in Wisconsin appear to be safe from destruction at the hands of one of the nation's most notorious election officials.

For now.

In our exclusive exposé earlier today, we detailed the threat made by the infamous Waukesha County Clerk Kathy Nickolaus to "destroy" the county's ballots from the historic recall election between Gov. Scott Walker and Milwaukee Mayor Tom Barrett, as early as noon today, in apparent contravention of state law. The threat to destroy the ballots was made even as they (and the rest of the ballots cast in the election across the state) are still subjects of public records requests by a number of citizen groups attempting to verify the otherwise completely unverified results of the race by examining the ballots by hand for the first time.

Nickolaus had denied the request by the largest group attempting to oversee the results of the election, and informed the requesters (see our previous article for her full responses): "Unless I receive a court order by noon on Monday, August 13, 2012 directing otherwise, I will proceed to retain or destroy the election materials from the June 5, 2012 Recall election according to state statute and GAB guidelines."

Her arbitrary deadline, the citizen auditors charge is in contravention of state public records statutes requiring 60 days after a request has been denied, before action can be taken. The BRAD BLOG has been able to confirm the legal 60 day requirement with several state officials today. Nickolaus' July 17th denial to grant the requesters access to the ballots means that, by law, she is barred from destroying the public records until at least September 15th.

After our story was published this morning, folks in WI seem to have sprung into action, leading the County District Attorney, the Waukesha County Corporation Counsel (who serves as Nickolaus' attorney) and the state's Government Accountability Board (G.A.B.) to respond with confirmation that the ballots in question will not be destroyed at this time, and were, instead, being moved from the Clerk's office, where they have been since the election, to off-site storage as of this afternoon.

"It would not be proper to destroy such materials at this time," County D.A. Brad Schimel confirmed to The BRAD BLOG late this afternoon, noting that "no records would be destroyed today, nor would they be destroyed until at least 60 days after the denial of the public records request"...

[LATE UPDATE:The recall ballots from Waukesha County have been saved from destruction, for now. Full details posted in our follow-up now here...]

One of the most notorious election officials in the nation may be mercifully retiring at the end of this year, but that hasn't stopped her from attempting to block citizens hoping to oversee the accuracy of their own elections in one of the most right-leaning counties in Wisconsin, following one of the most contentious elections of the year and certainly in state history.

Waukesha, WI County Clerk Kathy Nickolaus had, at one time, after the repeated controversies around her failed administration of several elections, promised to step aside and allow her deputy to administer the June 5th recall elections, only to reverse course weeks later. Now, clearly back in the saddle, she has notified an Election Integrity group which has organized hand-counts across the state, that she was preparing to "destroy" the paper ballots cast in the election before they can be hand-counted by the group, unless she receives a court order to do otherwise by noon today.

She had previously informed the group that she was denying them access to examine ballots on the basis that she found their request to be "overly burdensome" on her office. In her response she also added her personal opinion, for some reason, that she does not "believe the public records law should be utilized for the purpose of allowing citizens to conduct hand recounts of an election, especially one in which there was such a large quantity of votes cast."

Among reasons for concerns about the June 5th recall election results are recent failures by similar electronic tabulation systems, same-day Exit Poll results reported by all of the news networks indicating a much closer race in the contest between Gov. Scott Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, as well as discoveries that have been made by the group over the past several weeks during their examination of ballots and poll-tapes in several counties.

So far, according to group's organizer, they have been allowed to examine ballots in 10 other counties across the state, with another 15 counties already scheduled for examination in the coming weeks. In a number of those counties, the group has explained to The BRAD BLOG, hand-counted tallies "have differed, sometimes significantly, from the recorded numbers," tallied on Election Night by the computer tabulation systems.

But Nickolaus, as has been her practice during her controversial tenure, appears to be taking a different tack from many of her fellow County Clerks, by denying access to hand examinations of the ballots and, worse, she is now threatening to destroy them entirely, save for a court order and despite provisions in the state law requiring the retention of those public records for at least 60 days after the denial of the request.

Nickolaus' threat to destroy the paper ballots and other elections records, as sent to the organizers of Hand-Count Votes Now! (HCVN) coalition in a series of emails obtained by The BRAD BLOG, flies in the face of state statutes which apply to public records, according to contentions made in response to Nickolaus by the group and their legal advisers. HCVN has been working for several weeks, as have several other organizations, in their effort to count ballots by hand in each of the Badger State's 72 counties in an unprecedented statewide public records oversight project.

The effort, the groups charge, is necessary, given the lack of verification of Election Night computer tallies on systems which have reported incorrect "winners" in the past, as recently as March of this year, when the nearly-identical systems to those used in Waukesha named a number of losing candidates to be the "winners" in Palm Beach County, FL. In that case, it was only a partial post-election hand-count examination of paper ballots by the local Supervisor of Elections which revealed that the computers had gotten the results entirely wrong, leading to a complete hand-count and the results of several municipal elections being overturned as a result...

WaPo's Ezra Klein described it as a "Freudian gaffe"...

To be fair, Romney's not the first Presidential candidate in recent history to have made a similar mistake.

Stumbling starts aside though, a Ryan/Romney Romney/Ryan vs. Obama/Biden contest might have made for a very welcome debate on two fairly, some might say starkly, different visions for this country's future, at least on fiscal and domestic policy issues. A very clear governing mandate for one of those two different directions might have helped move this country forward for a change.

If we had a level playing field with a system of publicly financed elections, access for all to the voting booth and a citizen-overseeable voting and tabulation system in this country so that this nation could have deliberated, spoken and have been heard in a crystal clear voice this November, this one might have been a really good and healthy election.

Given disenfranchising polling place Photo ID restriction laws Republicans have enacted in nearly a dozen states over the past year, you'd think there was an epidemic of Democratic "voter fraud" in this nation. That's certainly the way the GOP has framed it, fooled the corporate mainstream media into reporting it, and even scammed the White House and Congressional Democrats into going along with it when they signed legislation that defunded ACORN, a four-decade old community organization never found to have committed voter fraud, or even helped to see a single fraudulent vote cast in any election anywhere.

As it turns out, not only is there no such epidemic of Democratic voter fraud, but the opposite is true. Over the past year, very high profile Republicans --- including this year's presumed standard bearer, Mitt Romney; the Sec. of State of Indiana (the first state to institute polling place Photo ID restrictions) Charlie White; one time GOP front-runner Newt Gingrich; MO's new GOP nominee for the U.S. Senate Todd Akin; and the group hired by the Sacramento, CA Republican Party to collect voter registrations this year for Rep. Dan Lungren; among others (all detailed below) --- have each been revealed as having committed or participated in election fraud --- both voter registration fraud and actual voter fraud --- in state after state.

One might even call it "an epidemic". Or, if you prefer, "one of the greatest frauds in voter history, maybe destroying the fabric of democracy," as then GOP Presidential nominee John McCain described what Republicans pretended ACORN was doing back in 2008 (just before it was revealed he had previously been the group's keynote speaker where he told ACORN's members they were "what makes America special.")

So really, should we be surprised to learn that four aides to former long-shot GOP Presidential candidate and U.S. House Rep. Thaddeus McCotter --- Representative of the state's 11th and one of its most Republican districts --- were indicted yesterday on dozens of criminal felony and misdemeanor election fraud charges for having turned in over 1,500 forged and falsified signatures in a "blatant" and "disgraceful" attempt, as the state's Republican AG described it, to qualify the Congressman for this year's ballot?...

The stories are coming in faster and furiouser as we get closer to the November Presidential Election, and as Republican Secretaries of State around the country scramble to exercise and/or abuse their power to game the system in favor of their party any way they legally-ish can do so.

(If anybody finds Democratic Secretaries of State doing same, please feel free to let us know.)

So here are a few quick (and by no means complete) news updates on voter suppression techniques being implemented by GOP Secretaries of State over the past few days in Michigan, Iowa and Ohio, as this election, less than 100 days away, now begins to enter it's even uglier phase...

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IN TODAY'S RADIO REPORT: It's official: July 2012 hottest month ever recorded in the US; Romney running against the wind (energy industry); Deadly monsoons in Asia; Major plastics spill in Hong Kong; PLUS: Bill Clinton offers good news on the path to clean energy at the National Clean Energy Summit ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): NRC freezes nuke licensing decisions over waste storage problems; World's groundwater supplies over-exploited; Geothermal energy industry stalls in CA; Dr. Michael Mann debunks Richard Muller (again!); Chevron refinery damage may take months to repair; OR teens take global warming to OR Supreme Court; Forest Service changes policy on wildfires; Arctic sea ice impacting Shell's drilling plans ... PLUS: Cold War post-nuke apocalypse?: The 1980s-era Soviet plan to wage germ warfare on the US ... and much, MUCH more! ...

Guest blogged by Ernest A. Canning

“We’re very disappointed that this happened," Chevron spokesman Walt Gill said (audio available in yesterday's Green News Report), after a fire at the company's Richmond, CA refinery, just outside of San Francisco, spewed toxic smoke that sent more than 900 people to hospital emergency rooms due to respiratory distress.

"We're sorry for the inconvenience," Gill added.

An environmental disaster that Gill sees as merely "inconvenient" for local citizens, could also provide a golden opportunity for the oil cartel, whose five largest companies are raking in $14.4 million in profits/hour along with $270,000/hour in tax breaks. As Gill was apologizing for the "inconvenience," Bloomberg not only noted a sharp gas price increase in the Bay area but predicted significant increases as far north as Seattle. This was followed by a Los Angeles Times prediction that "California gasoline prices could surge at least 35 cents a gallon this week."

If those predictions come to fruition, they would follow a pattern which occurred earlier this year when the entire West Coast experienced a sharp spike in gas prices after the shutdown of BP's Cherry Point refinery in Washington State. As reported by McClatchy, the spike prompted Sen. Maria Cantwell (D-WA) to call upon "the Federal Trade Commission to investigate refinery operators Alon, Chevron, ConocoPhillips, Shell, Tesoro and BP."

In that case, Cantwell cited a McCulloch Research report which claimed that prices were about 68 cents per gallon higher than they should have been, based on available supply. According to that report, the "sudden price shift...provided a significant windfall for refineries and retailers on the West Coast. At a differential of $.68 a gallon, this translates into a windfall profit of $43 million a day."

Looks like recent history is about to repeat itself.

All the while, we, the people, continue to give these monster corporations, the most profitable in world history, $270,000 in tax breaks every hour, while leaving the renewable, clean energy industry to beg for whatever scraps they can get. All of that, even though, "When there's a huge solar energy spill," as the Greenpeace billboard banned by oil-friendly Canada notes, "it's just called a nice day."

Democracy Now!'s 8/8/12 segment, dealing with the local impact of Chevron's Richmond, CA refinery fire follows below. (Note the map reflecting the number of additional refineries in the immediate area which were not shut down by the fire.)...

It was a warm day in L.A. yesterday, and I was running behind for my last minute appearance on RT America (Russia's English-language cable/satellite news channel here in the US). The topic was Congressional dysfunction which, as you might have guessed, I am against.

First, watch the appearance...
 
 

Then, take a look at what you didn't see on camera...

No, the Obama Campaign is not attempting to keep military voters from voting, no matter how much the Romney Campaign and their surrogates in the media and on Fox "News" are willing to shamelessly lie about it for ugly partisan purposes at the expense of electoral democracy.

The whole story appears to have begun as little more than another hoax by the Andrew Breitbart scam artists and, as always, the mainstream corporate media have fallen for it, as if it's a legitimate story. So here's what's actually going on, since the MSM seems incapable of explaining to you.

Following the disastrous, partisan and arguably criminal oversight of the 2004 Presidential Election in Ohio by then Republican Sec. of State J. Kenneth Blackwell (in any other era in our nation's history, people would have gone to jail for what happened there), when a wildly and purposefully disparate distribution of voting machines led to Election Day voting lines of anywhere from 2 to 12 hours, mostly in Democratic-leaning jurisdictions, reforms were enacted to make it easier for all voters to cast their legal vote in the Buckeye State.

After the 2004 debacle, the law was changed in 2005 to allow for any voter to vote by absentee ballot, without an excuse, including by "early in-person absentee voting" at polling places in the weeks leading up to Election Day. Hundreds of thousands of Ohio voters took advantage of this new opportunity to cast their vote, helping to radically increase turnout, including during Early and Absentee voting in subsequent years:

In the 2008 election, in the three days prior to Election Day, some 93,000 voters in the state took advantage of their ability to cast a vote over the weekend just before the Tuesday election. Many of those voters, according to a University of Akron study of Early Voting in Ohio [PDF], were voters who might have trouble voting on Election Day, because they were working that day, or were elderly and unable to wait in long lines. African American churches encouraged voters to head to the early polls after church on the Sunday before the election, during a so-called "Souls to the Polls" effort.

This, Republicans legislators in Ohio determined, had to be stopped. And so they did. Or tried to, by passing HB 194, shortening the period of early voting for all Buckeye State voters, and adding other restrictions to make it more difficult for legal voters to cast their legal vote and have it counted.

The people of Ohio then rose up against HB 194 by turning in almost 100,000 more signatures than the number required to forestall the implementation of the new voting restrictions and to place the law --- which had passed on party lines by the Republican-controlled legislature before being signed by the state's Republican Governor John Kasich --- onto the November 2012 ballot, where the people could decide whether or not they wanted the new restrictions on voting rights.

But a funny thing happened on the way to that November 2012 Referendum. The state Republicans came up with a bit of a work around, at least for active duty military voters (who, we are told, tend to vote Republican, rather than Democratic). And while the Obama Campaign and fellow Democrats are busy trying to ensure that all voters, not just active duty military voters in Ohio get to enjoy Early Voting in those three days before the Election, the Romney Campaign has continued their extraordinary record of simply lying about everything.

That's not a partisan observation. That's just a fact. And for anyone in the media to suggest otherwise, in regard to this story, amounts to little more than journalistic malpractice at very best, and, more accurately, an insidious act of blatantly cynical partisanship disguised as "journalism" at the expense of the very core of our (small "d") democratic system of governance.

Such insidious acts of blatantly cynical partisanship disguised as "journalism" is, of course, what the folks at the late con-man Andrew Breitbart's website do best...

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IN TODAY'S RADIO REPORT: Fire at Chevron's residential refinery near SF; Extreme heat fuels deadly wildfires in OK; Extreme storms shut down Lollapalooza; Score one for endangered species: Gibson Guitars pays up; PLUS: Extreme weather and historic heat waves said directly linked to global warming ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Ocean acidification could disrupt marine food chains; Keystone XL threatens aquifer that irrigates central US; Proposed NV water pipeline raises fears of new 'Dust Bowl'; Roosevelt's Badlands Ranch faces oil industry threat; Obama Admin abandons 2C commitment; The Devil's Rig: how wind energy powered 17th century empire; NREL: Solar has most renewable energy potential; Baltimore pays $3.7m for lead paint poisoning ... PLUS: IEA Bombshell: Global Warming May Lead To ‘Miami Beach In Boston’ ... and much, MUCH more! ...

It's looking good for voters this year in the state of Pennsylvania, if opponents of the state Republicans' new polling place Photo ID restrictions are correct in their predictions, in any case.

Last week, on the heels of the Secretary of the Commonwealth of Pennsylvania, Carole Aichele (the woman in charge of implementing the new law in the Keystone State), admitting, under oath on the witness stand, that she didn't even "know what the law says," we predicted the statute was likely to "go down in flames", thanks to the legal challenge brought against it by the ACLU and other civil liberties groups on behalf of 10 plaintiffs who will have trouble casting their once-legal vote this November if the law is allowed to stand.

Aichele's admission followed a remarkable stipulation by the Commonwealth, before the trial began, that, in fact, "There have been no investigations or prosecutions of in-person voter fraud in Pennsylvania"; that they "are not aware of any incidents of in-person voter fraud in Pennsylvania and do not have direct personal knowledge of in person voter fraud elsewhere"; and that the state would offer no evidence "that in person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."

Of course, the extraordinarily rare case of in-person impersonation at the polling place remains the only type of voter fraud that can possibly be deterred by such laws, even as data from the state reveals that the once-legal votes of some 1.6 million formerly eligible Pennsylvania voters could be imperiled if the law is allowed to stand. By way of comparison, President Obama was said to have won the state in 2008 by just over 600,000 votes.

We're not the only ones with the sense that the GOP's voter suppression law is likely to "go down in flames" in this trial, which had its closing arguments last week.

Penda D. Hair, co-director of the Advancement Project, one of the several civil rights groups who cooperated in bringing the complaint against the state, believes "this should be a slam dunk victory for plaintiffs which should result in a preliminary injunction."

Based on what actually happened at this trial --- and didn't --- she may have good reason for that prediction...

Guest blogged by Ernest A. Canning

In the third of our three-part series on the U.S. Government's failed 'War on Drugs,' earlier this year, we noted that drug prohibition was vital to the very existence of the deadly Mexican drug cartels. As we noted, the carnage, which included 13,000 deaths inside Mexico in "the first three quarters of 2011 --- a number that does not include the more than 5,000 people who have disappeared" --- is now spilling over the border into the U.S.

Over the past five years, some 60,000 have died in the Mexican drug war, and "the U.S. has played a big part in it," according to a new video from the Brave New Foundation on behalf of GunWar.org. The free flow of increasingly sophisticated weaponry from the U.S. to Mexico --- extremely profitable for the U.S. small arms industry and deadly for innocent civilians --- is part of the very "scourge" which the U.N. was seeking to address in its Arms Trade Treaty negotiations before the Obama Administration caved in the face of the National Rifle Association's campaign of blatant lies about the accord.

All of the Mexican carnage, as the video explains, is due, in no small part, to the tremendously lax oversight of the sale of such weapons here in the U.S., thanks to the political strong-arming by groups such as the NRA who oppose virtually any and all oversight or regulation of any type.

"Around 70% of all firearms seized in Mexico and submitted for tracing, come from the United States," Brave New World explains. "Most gun sellers don't care. The more they sell, the more they profit."

The additionally tragic irony underscoring these facts: All of this has played out even as Republicans have spent the last year or so pretending to be concerned about their so-called "Fast and Furious scandal", the poorly-considered ATF "gun walking" program begun by the Bush Administration and continued by members of the ATF based in Arizona during the Obama Administration. A federal program designed (poorly or otherwise) to try and catch gun-runners and drug lords: Bad --- at least when it's carried out by a Democratic administration. Little to no restriction on the "legal" purchase of military-grade assault weapons in the U.S., resulting in tens of thousands of them pouring over the border for decades: That's just one of the many benefit that members receive in exchange for sending their hard-earned cash to the terrorist-enabling NRA...

Guest blogged by D.R. Tucker

On Wednesday, Progressive Radio Network host/veteran green journalist Betsy Rosenberg and I were honored to interview, the one-time climate change skeptic Dr. Richard Muller, whose Berkeley Earth Surface Temperature (BEST) project --- which was funded in part, ironically enough, by the notorious climate change deniers at the Charles G. Koch Foundation --- recently came to the same conclusion that virtually all climate scientists not affiliated with libertarian think tanks have long since recognized: climate change is "real" and "humans are almost entirely the cause," thanks to the the anthropogenic release of greenhouse gases. [Our audio interview is posted in full below.]

As a Republican who had a similar climate awakening nearly two years ago myself, I looked forward to speaking to Dr. Muller; in the moments before the interview, I wondered if we could find some common ground.

Let's just say I was too naïve for my own good...

Guest blogged by Ernest A. Canning with Brad Friedman

Cowering in the face of blatantly false claims by the terrorist-enablers and dishonest fear-mongerers of the National Rifle Association (NRA), and one of their most vocal lying supporters, the Obama administration torpedoed talks at the United Nations on a proposed international treaty which sought to regulate the $60 billion international small arms trade.

The talks were designed to deal with a problem the United Nations Office for Disarmament Affairs describes as having created "a worldwide scourge" that has placed weapons in the hands of insurgents, armed gang members, drug lords, pirates and terrorists.

Dishonestly claiming the treaty was intended to regulate domestic U.S. arms sales, the NRA and its supporter, former U.N. Ambassador John Bolton, led a wholly deceptive charge against the long-sought treaty.

The accord, says Suzanne Nossel, Executive Director of Amnesty International, was meant "to prevent countries and arms exporters from selling guns and military hardware to human rights abusers." But such a treaty was a bridge too far for those, like Bolton and the leadership of the NRA, who favor the profits U.S. arms manufacturers can realize if they can sell firearms to anyone and everyone. And, for now, even the Obama administration, which has, time and again, wilted whenever it feels the heat that accompanies an NRA 2nd Amendment propaganda barrage, has proven willing to sacrifice a much needed international treaty rather than square off with the terrorist-enabling NRA and their lies.

"Any treaty that includes civilian firearms ownership in its scope will be met with the NRA's greatest force of opposition," NRA Executive Vice President Wayne LaPierre said during his purposely deceptive testimony at the UN earlier this month. What he purposely failed to note? The treaty had absolutely nothing to do with "civilian firearms ownership" in the U.S. of any kind.

LaPierre's testimony was just another chapter in the NRA's long-perpetuated scam to continue pimping for the firearms industry by hoaxing their membership into believing that the Obama Administration --- which has, several times, expanded the rights of civilian firearms owners since taking office --- is secretly plotting to undermine the 2nd Amendment in hopes of taking guns away from law abiding citizens.

"I am here to announce NRA's strong opposition to anti-freedom policies that disregard American citizens right to self-defense," LaPierre lied during his UN testimony. "We will not stand idly by while international organizations, whether state-based or stateless, attempt to undermine the fundamental liberties our men and women in uniform have fought so bravely to preserve...and on which our entire American system of government is based"...