On Monday, President Barack Obama, both in a surprisingly clear written statement and video-taped announcement (posted at end of this article), called upon the Federal Communications Commission (FCC) to adopt "bright-line" rules that would ensure an "open and free" Internet via the concept of "net neutrality" --- a concept that would, in the President's words, ensure there "are no gatekeepers deciding which sites you get to access. There are no toll roads on the information superhighway." Anything less, the President proclaimed, "would threaten to end the Internet as we know it."

Though oversight similar to that called for by the President resulted in a record number of public comments (99% in favor) to the FCC, predictably, the President's announcement drew harsh reactions not only from the handful of corporations which could profit from those Internet highway tolls, but from their Republican allies. Following Obama's comments, Sen. Ted Cruz (R-FL), for example, quickly denounced "net neutrality", if somewhat cryptically, as "Obamacare for the Internet."

Republican opposition would amount to little more than public grousing, however, if, in accordance with the President's recommendations, the five Obama-appointed FCC Commissioners (only three can be of the same party) carefully craft new regulations that "reclassify Internet service under Title II of...the Telecommunications Act," a reclassification that would undo the damage wrought by the Republican George W. Bush-appointed FCC Commissioners in 2002.

The question for now is: Will they?...

On thousands of "missing" votes in Wisconsin, on Nate Silver and polls vs. "results", on "True the Vote" clowns, and on much more...all on Thom Hartmann's Big Picture last night...

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IN TODAY'S RADIO REPORT: "The science has spoken": final UN climate change report - the bad news, the good news, and room for hope; PLUS: Flashback: 25th anniversary of Margaret Thatcher's historic climate change speech --- back to when conservatives accepted science ... 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): Your next electric car may not even need a battery; Who's really been running W.Va. all these years? [cough-COAL-cough]; California's strawberry industry is hooked on dangerous pesticides; Rich countries subsidize oil, gas, coal by $88bn a year; Worker deaths hit all-time high in Alberta; Amazon.com doubles down on coal; Water treatment plant run by solar power; BP foiled again ... PLUS: Will China help Obama save the planet? ... and much, MUCH more! ...

I am incredibly saddened to learn, on Veterans' Day of all days, of the death of Tomas Young, a 34-year old Iraq War veteran turned unapologetic peace activist, paralyzed from the chest down, whose heart-breaking story I played a small role in helping to bring to the national stage back during the extraordinary summer of 2005...

This is a very smart post, particularly from someone calling themselves "potatohead" at DailyKos: "About Touch Screen Voting".

I'd quote something from it, but then you'd be less likely to click over and read the whole thing.

The author has almost everything exactly right, discussing concepts that BRAD BLOG readers should understand very very well by now, but using different words than I usually do, so it may help everything soak in a bit more.

He (presuming a "he" here) even extends his explanation of the inherent, unfixable problem that make touch-screen voting systems 100% unverifiable (and, therefore, antithetical to American democracy) to explain why both "open source" computer voting systems and Internet Voting can't work either, for the same reasons.

Only quibble: He needs to put the word "hand-" before the words "marked ballots" and we'd be 100% golden. Thank you, "potatohead".

[This article now cross-published by Salon...]

Despite a larger population and a contested race for an open gubernatorial seat, turnout in the state of Texas was reportedly down this year, as compared to the last mid-term election in 2010, by more than a quarter of a million votes.

That data point --- a decrease of some 271,000 total voters this year --- is one of several, at least anecdotal early indicators that suggest the Texas GOP's strategy of suppressing the vote this year with polling place Photo ID restrictions seems to have worked.

Since 2003, Texas law had already required every voter to present an ID when voting at the polls in the Lone Star State. But the newer draconian restrictions that have been so controversial were finally in place for a federal general election for the first time this year, after state Republicans have been attempting to enact them since at least 2007.

We've spent quite a bit of time over the past year(s) reporting on the GOP attempt to implement these new polling place Photo ID voting restrictions, with all evidence suggesting that they are meant only to suppress the votes of minorities, students, the poor and other disproportionately Democratic-leaning constituencies.

In virtually every instance that the new, exceedingly restrictive law has come before federal authorities, it has been found plainly discriminatory. The law was struck down in 2012 as a discriminatory violation of the Voting Rights Act by both the U.S. Department of Justice as well as a three-judge federal panel on the D.C. District Court. It was struck down once again this year by a U.S. District Court in Texas after a full trial and a 147-page ruling [PDF] which found the law to be "purposefully discriminatory", an "unconstitutional poll tax", and likely to disenfranchise some 600,000 legally registered Texas voters as well as more than a million eligible voters.

Nonetheless, the U.S. Supreme Court allowed it to stay in place during this year's election, as the Republicans who run the state of Texas appeal the lower court's unambiguous ruling.

In the meantime, early data coming in from Texas suggests the law appears to have had its intended effect...

Though some 5,350 voters are known to have voted in the city of Stoughton in Dane County, Wisconsin on Tuesday, just 16 of those voters were interested in voting in a local ballot referendum calling for an amendment to the U.S. Constitution to help overturn the infamous Citizens United decision --- at least according to the results reported by paper ballot optical-scan computer tabulators there.

"A malfunction with the voting machines in Stoughton Tuesday led to an incomplete outcome of the city's referendum on whether to amend the U.S. Constitution, Stoughton clerk Lana Kropf said," according to a terse and somewhat cryptic report in the Wisconsin State Journal on Thursday.

The city's ES&S DS200 paper ballot optical-scanners (a computer tabulation system plagued with problems in many states over the years) reported zero votes for the initiative in five of the city's six voting wards, and just 16 votes (7 Yes, 9 No) in the other.

"Never in my years working in clerks' offices have I seen something like this," Kropf told the Journal.

The initiative in question was added to the ballot after citizens gathered enough signatures last July to have it included on the November ballot. According to the wording of the measure, it seeks "to reclaim democracy from the expansion of corporate personhood rights and the corrupting influence of unregulated political contributions and spending." It is similar to referenda passed overwhelmingly in other WI communities.

"Last Tuesday, nearly 5,350 good citizens of Stoughton went to the polls," writes Karen McKim of the progressive Wisconsin Grassroots Network. "If you believe the city's voting machines, exactly 16 of them had an opinion they cared to express on the matter. The rest thought 'Whatevs' and left the referendum blank."

She adds: "Fortunately, no one believes the city's voting machines"...

"Americans can feel the vital organs of their democracy shutting down."

A disturbingly on-point turn of phrase from Bill Curry's smart advice for Democrats at Salon.

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

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

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

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

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

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

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

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IN TODAY'S RADIO REPORT: Election 2014 Environmental Democalypse Now: get ready for the Republican hegemonic hellscape; Climate denier caucus now in charge; PLUS: At least one note of very good environmental election news... 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): Energy storage breakthrough revealed; Fracking frenzy brings fears of boom-bust cycle; Peak water in U.S.; New Koch Industries video: "we rearrange your polar bears"; End the GMO madness: try mandatory labeling; GOP wins deal blow to US climate change leadership internationally; Maine's shrimp season cancelled for lack of shrimp ... PLUS: The biggest loser in this election is the climate - and the children of 2100 ... and much, MUCH more! ...

[This article now cross-published by Salon...]

For some reason, this tweet of mine, from about 4am on Election Night, has become very popular...

Man, those Democrats really suck at all that massive voter fraud they do.

— Brad Friedman (@TheBradBlog) November 5, 2014

Perhaps we can chalk up its popularity to the joke it makes of right wing groups like "True the Vote" which has, since its dubious inception, received and spent a fortune over the years tripping over its own wingnut feet to publish fake "voter fraud!" data, find itself tossed out of courts, harass legal voters attempting to cast legal votes, and otherwise make repeated jackasses of themselves by attempting to perpetuate the well-worn, but fact-shy Republican hoax that there is a massive Democratic voter fraud epidemic at our polls.

TTV was made even more famous lately when they were cited, by name, by 7th Circuit Court of Appeals judge Richard Posner, a very well-respected Reagan-appointed conservative jurist, in his recent opinion on Wisconsin's Photo ID voting law. In Posner's devastating, must-read dissent decrying such discriminatory laws, the most well-cited legal scholar of the 20th century, according to the Yale Law School's Journal of Legal Studies, described the group's "evidence" of voter impersonation fraud as "downright goofy, if not paranoid," citing "the nonexistent buses that according to the 'True the Vote' movement transport foreigners and reservation Indians to polling places" to illegally cast a ballot.

The solution to the pretend problem that TTV lies to its followers about, is, of course, polling place Photo ID restrictions that, as Judge Lynn Adelman of the U.S. District Court in Wisconsin wrote in striking down that state's discriminatory, unconstitutional law after a full trial earlier this year, serve only to "prevent more legitimate votes from being cast than fraudulent votes."

So the group's newest embarrassing failure to uncover virtually any "voter fraud" at the polling places it monitored in dozens of states during Tuesday's mid-term general elections --- with an army of righteous and disinformed civilian wingnuts armed with a brand-new smart phone app --- comes as little surprise. It is, however, kind of amusing...

Well, that was interesting.

On this week's "day after" KPFK/Pacifica Radio BradCast I was joined by old friend Matthew Segal, co-founder of OurTime.org, to discuss whether the failure of young voters to turn out was really to blame for the results of Tuesday's red tide mid-term elections, or whether it was something else entirely. (Yes, we're looking at you, Democrats.)

Segal, by the way, became activated to help young voters while trying to vote as a student at Ohio's Kenyon College in 2004. He was one of 1,300 students who waited 10 hours or so on line, some until 4am on Wednesday morning, to try and cast a vote in the Presidential Election on one of two available voting machines at the polling place that year.

Speaking of voting machines, and voter suppression, and voter disenfranchisement, and election fraud, and unverified results, we also take a broad, early look at all of the other issues and failures --- beyond the horse race --- that may have played a part in Tuesday's surprising outcome, even as we're still trying to make sense of data and curious reports that are still coming in.

We hear from a bunch of callers on all of the above, and Desi Doyen joins us as well to discuss some of the implications of the GOP U.S. Senate takeover on the environment and climate change...

Download MP3 or listen online below...

It was a very long night here last night (just scroll down the marquee at right to get an idea), and now I'm scrambling to try and make enough sense of things to coherently put together today's BradCast on KPFK/Pacifica Radio. Wish me luck.

So, for the moment, I just want to re-re-re-remind that, historically, many problems from Election Day and, more specifically, in the tabulation of results, don't come to light until the days (or even longer) after Election Day. I'm already getting buried with various tips about various problems that folks had voting yesterday and, perhaps more disturbingly, issues and failures at the polls themselves. Trying to look through as much as I can, confirm what I can, debunk what I can and/or and make sense of it for you as best as possible.

For now then, I'll just drop this fun paragraph from a poster at Slashdot, as it points to a few issues we've covered over the past 24 hours, as well as a few that we have not...

While most of the media is reporting the huge Republican takeover of the U.S. Senate tonight, and the big GOP wins in a whole bunch of Governor's races, Reuters notices that there were a lot of problems for voters across the country today...

They go on to summarize election problems and failures in a bunch of states, most of which we covered in one form or another earlier today (including many more). But we missed this really bizarre case of still-unexplained very dirty tricks out of Chicago earlier today...

Long time BRAD BLOG reader Cary Aye tells us via Facebook:

Not sure what that means politically, but we like the "Karma win!" St. Louis County has been notoriously terrible at forcing voters to use 100% unverifiable touch-screen systems over the years, even though all Missouri voters are allowed to vote on paper ballots --- if they know to ask one.

Good work, Carey! Thank you for fighting for a verifiable vote --- especially in Missouri and particularly in Ferguson!

UPDATE 7:09p PT: A family member of ours from St. Louis County, MO calls to say that paper ballots ran out in many locations, and that voters are still in line two hours after polls have closed. If you were in line as of poll close at 7p CT, you are still allowed to vote. Keep waiting, St. Louis voters!

UPDATE 12:44a PT: A few more strange details about all of this, reported by local media today, seem worth noting here for now...