The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

There is a little known ritual that occurs in the election years when Democrats prevail: Big "Conservative" Media starts to pull progressive talk radio off the air.

I documented this in my 2009 documentary film, Broadcast Blues: after Democratic candidates made big gains in 2006, Clear Channel and other public airwaves radio licensees pulled several well performing progressive talk radio stations off the air, and replaced them with sports and other programming. It would be easier to understand if the new programs got big ratings bumps, but that didn't happen. The new shows' ratings are typically only half those of Progressive Talkers.

True to form, Clear Channel Communications, which owns about 850 radio stations nationwide, took the Progressive voices off of the public airwaves in Portland, Oregon just days after Democrats won big nationwide. When devoted listeners tuned in to Portland's 620 AM, they expected to hear Thom Hartmann, Mike Malloy and other Progressives waxing exuberant in the wake of this year's election results and looking forward to new possibilities in the new session of Congress under a wildly popular re-elected President. Instead, they heard fans exuberant over some football game or other. FoxSports620 now broadcasts over that 25,000 watt frequency on our public airwaves.

Bye bye lefty talk, hello left-handed quarterbacks.

It isn't like Portland needs another sports radio station; there are already two in that very same market. But the community does need to hear an alternative to the "conservative" talk which is broadcast on eight, count them, eight separate frequencies on Portland's radio dials.

But as of November 9th, as reported here on The BRAD BLOG, Portland joined the ranks of the other 95% of the country which can hear many stations spewing Right Wing propaganda [PDF], but not a single one broadcasting progressive points of view. A few days later, we learned that the CBS-owned Progressive station in Seattle --- also in one of the most progressive cities in the nation --- is scheduled to disappear, most likely on the first of the year. It's KPTK caller letters have already been changed to KFNQ (Fan Q) in preparation for the all sports station it is scheduled to soon become, unless something changes.

Take a look at these maps from Broadcast Blues, graphically representing the number of Rightwing vs. Progressive radio stations as of 2009....

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

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...

Now they're concerned about unsealed ballots bags? Really?! Good! But where were they last year?

On the night of Wisconsin's historic June 5th recall elections, The BRAD BLOG detailed how Scott Walker's "win," as reported by the media that night, was completely unverified by any actual human beings to be accurate in any way, shape, or form. Though voters across the state mostly used verifiable hand-marked paper ballots to vote, we explained, almost none of them are actually checked by anybody afterwards to make sure the oft-failed, easily-manipulated computer tabulator systems used across the state actually tallied the results accurately.

That was particularly important given the very same machines used in the Wisconsin recalls had, in other states in the very recent past, tallied results inaccurately (for example, check out what happened in Palm Beach County, FL, just this past March, when the very same system used to tally ballots in Waukesha County, WI, were discovered, thanks to a post-election hand count spot-check, to have named several losing candidates to be the "winners" in several municipal elections.)

The lack of verification of any of the ballots was even more disturbing given the fact that all reports by the mainstream media at the close of polls on Election Night had declared the Gubernatorial recall race to be a "dead heat," as based on raw Exit Polling data that the MSM are allowed to review throughout the day.

The next morning, after John Lehman, the Democratic challenger in the state Senate's District 21 recall election against incumbent Republican Van Wanggaard, declared premature "victory" with just under an 800-vote margin, we opined that Wanggaard should demand a full hand count of all paper ballots, and that Lehman should agree to one in order to assure the person with the most votes was actually the one declared the winner of the race. After all, majority control of the state Senate was hanging in the balance and, in any case, as in the other recall races that day, voters deserve to know for certain who lost and who won any such election, at least if we are to ever see legitimate Constitutional self-governance in this country.

Well, we've got some good news on the District 21 state Senate race, some bad news, and some extraordinarily hypocritical news to report today in our long-overdue update...

[Now UPDATED with audio archives below! Enjoy!]

Mike's taking a much deserved week off, so we'll be guest hosting for him once again every night this week on the nationally-syndicated Mike Malloy Show on your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127! Don't miss a single thrilling episode!

As usual, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• JOHN WASHBURN Republican Election Integrity expert (and Scott Walker supporter!) from Fair Elections WI on whether or not anybody can have confidence in the reported results from last week's recall elections. (By the way, even Republicans have cause to be concerned.)
• MICHAEL LIGHTY, Policy Director for the CA Nurses Association on whether or not unions (both public and private sector) can survive against the current PR onslaught and the fight by Big Government Republicans to take away their rights as citizens in the post-Citizens United, post-Scott Walker era.
• PLUS! Much much more as usual! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: It's great to be back! And tonight's show made it all worth while. Sez me. The commercial-free archives are all below, along with the chat room archives if you want to read along while you listen! It's a good one! Enjoy!...

Before, during and after last week's historic Wisconsin recall elections, we detailed why there is reason to be concerned about the computer-reported results of the votes cast across the state, even with the majority of those votes having been cast on paper ballots.

In short, the results are, and will remain, 100% unverified unless someone bothers to get a court order.

As we previously reported...

Unfortunately, in Wisconsin, no such post-election hand-examination takes place for any ballots --- at least not without both a recount request and an order from a judge. There are no spot-checks to ensure accuracy, so there is no way to know if the results reported by the computers reflect what the actual voters said in Wisconsin. The reported results are therefore either accurate or they are not. Who knows?

We explained why all of the above means that we cannot know if Republican Scott Walker actually won his gubernatorial recall election anymore than we can know if John Lehman (D) won his challenge against incumbent state Sen. Van Wanggaard (R) in the District 21 state Senate recall on the same day. (If Lehman is certified as the winner, the Democrats will take majority control of the state Senate. Wanggaard should demand a hand count of all ballots. To do so, he needs to file for a recount, and then beg a judge to allow that count to be done by hand, rather by the same machines once again, as is the standard under the WI election code.)

For those who think such concerns are overwrought, if the above instance of op-scan machine failure aren't enough for you, take a look at what happened last week in three different counties in Montana, on the very same day of the recall elections in Wisconsin...

Guest blogged by Sue Wilson

Whatever questions remain about Wisconsin Governor Scott Walker's recall election, there is no question that his campaign was built on big money, the likes of which we've never seen in a gubernatorial campaign before. And where did all that money go? Right into thin air - OUR air.

And as owners of the air - our public airwaves, to be precise - there is plenty we can do to combat the corrosive effect of big money on our elections, by holding our partners in broadcasting, local TV and radio stations, accountable to the communities they serve.

Citizens United, the Supreme Court ruling that the First Amendment prohibits government from restricting independent political expenditures by corporations and unions, is the reason huge amounts of money poured into the Walker camp from third parties like the billionaire Koch Brothers and others, (compared to the relatively paltry sum given to his opponent Mayor Tom Barrett by unions and others.)

As previously noted by The BRAD BLOG:

So the Walker recall gave us the first glimpse at how the infamous Supreme Court ruling will affect campaigns for years to come unless something changes. . There is a large and growing movement now from organizations such as Move to Amend, to amend the Constitution to help put the brakes on the unlimited spending allowed by Citizens United. Such an effort, however, will take years to accomplish, if it ever happens at all.

But what's not being talked about is where most of this unrestricted money goes: about half of all campaign dollars go directly into your local radio and TV stations' wallets --- local broadcast stations which get licensed in the public/private partnership of broadcasting ONLY IF they "serve the public convenience, interest, and necessity."

As to the First Amendment, the Supreme Court has also ruled, in Red Lion v. FCC that "it is the right of the viewing and listening public, and not the right of the broadcasters, which is paramount."

Nonetheless, until Citizens United is changed or overridden in some fashion, things are only going to get worse --- unless we the people do something about it now with a few, still-unused tools that remain at our disposal...

I was on cable/satellite news channel RT this afternoon discussing concerns about the Wisconsin Recall elections. Here's the hit...

For more details on some of the thoughts I offered above, in regard to questions about yesterdays results, please see my article last night on Republican Gov. Scott Walker's reported win, and my piece this morning on Democratic state Senate challenger John Lehman's declaration of victory --- both before any ballots have actually been examined to assure that the all-secret computer tallies were accurate in any way.

Late last night we detailed just some of the reasons why it's impossible to know, short of actually counting the paper ballots by hand in Wisconsin, if Republican Gov. Scott Walker actually received more votes than his Democratic challenger Mayor Tom Barrett or not.

Without both a recount request and a court order for the ballots to be hand-counted, rather than machine-counted yet again, the state of Wisconsin does not manually examine any of its paper ballots to ensure that the flawed, oft-failed and easily manipulated computer optical-scan systems and central tabulators tallied any of them as per the voters' intent.

Well, the same concerns hold true this morning for Democrat John Lehman in his important recall challenge to incumbent Republican Sen. Van Wanggaard in the District 21 state Senate race. His declaration of victory late last night is based on the same completely unverified computer tallies as Walker's was earlier in the evening...

"It was a great demonstration of democracy, whether you agree or disagree with the outcome," Huffington Post's political reporter Howard Fineman told Ed Schultz on MSNBC late tonight, while discussing the results of the historic Wisconsin recall elections.

Fineman's comment is either accurate or it is not. Just as the results reported by the computers across the Badger State are either accurate or not. Who knows? Nobody in WI does, and that's exactly the problem.

The early Exit Poll results had reportedly predicted the race between Republican Gov. Scott Walker and Democratic Milwaukee Mayor Tom Barrett a virtual tie, leading media to plan for a long night tonight. A second round of Exit Polls results, however, was said to have given Walker a broader lead over Barrett. Even so, we were told, the race based on the Exit Poll data alone was still "too close to call." Those data were either accurate or they were not.

Of course, the raw, unadjusted Exit Polling data are no longer entrusted to us mere mortals. They can be seen only by members of the mainstream media, and we are simply left to trust them to report it all accurately to us or not. And when, after all, have we not been able to rely on the mainstream media to report everything accurately to us?

But never mind the Exit Polls. We've got real polls, real votes, actual ballots now to tell us who won or lost. If only we'd bother to actually count them...

After well over a year of political, if not all out civil war in Wisconsin in the wake of the state's Republican Gov. Scott Walker and the majority-GOP legislature unilaterally stripping many of the state's citizens of their rights to collectively bargain, Walker's fate is finally up for grabs today, along with that of his Lt. Governor Rebecca Kleefisch and the political balance of the state Senate via the seats of four Republican state Senators.

A Democratic win in just one of those Senate seats will return the majority in that body to the Democrats, making remarkably extreme actions like those we've seen over the past two years in the Badger State much more difficult to accomplish no matter who wins today's gubernatorial race.

But we'll see what happens today, tonight and, under several foreboding scenarios, over the next several weeks and/or months as the citizens of the state exercise some direct and wonderful democracy today at the ballot box --- or, at least, at the computerized tabulators.

Aside from expectedly heavy turnout being reported across the state (and particularly in Milwaukee), and races that are thought to be exceedingly tight, here are a few morning news items out of Wisconsin which may (or may not) turn out to have much more relevance in the near future, depending on how things go in the next several hours...

We're just back in town, with lots of catchup work to do. But with Wisconsin's Recall Elections tomorrow, here are some important actions that folks (of any party!) who care about accurate election results can do to help protect the election results.

Remember, WI mostly votes on paper ballots. Unfortunately, however, most of those paper ballots are tabulated in secret inside of computers systems similar or identical to ones which have failed time again elsewhere, as seen most recently in places like Palm Beach County, FL and New York City. In WI, there is no mandated manual examination of paper ballots after the computer tabulates them in order to make sure they were tabulated accurately. That's a very bad (and dangerous) system.

In Palm Beach, several candidates incorrectly declared to be the "winners" by the Sequoia Voting Systems optical-scan tabulation computers in a March election this year had, in fact, been the losers of their races. The failure was discovered during a manual post-election spot-check of a tiny percentage of the paper ballots. WI does no such post-election spot-check of ballots to test the accuracy of their computer systems. Only a full hand-count of all the paper ballots in the Palm Beach elections revealed the correct winners. The identical tabulation system are used in WI's very Republican-leaning Waukesha County, as well as elsewhere in the state.

In New York City, it took nearly two years, but finally last month, ES&S, the company which manufacturers the paper-ballot optical scanners now used there, admitted that it was a flaw in their scanners which led to thousands of votes going uncounted during the 2010 elections. The company admitted to the system failure after the New York Daily News confirmed an error rate of 70% during the primary election and 54% in the general election in just one precinct in the South Bronx after a public records request and hand-count of the paper ballots. Those same flawed systems, the ES&S model DS200 paper-ballot op-scan system, are used in much of Lincoln, Portage and Wood Counties in WI.

There are many other systems used across the Badger State which have similarly failed in election after election. As always, "Democracy's Gold Standard" is a full public hand-count of ballots by actual human beings on election night, at the precinct, in front of all parties and video cameras, with results posted right there before ballots are moved anywhere. Unfortunately, that is rarely, if ever, done in Wisconsin. So it's up to you to try and help ensure the results on Tuesday are as accurate as possible, at least until those paper ballots are actually hand-counted and confirmed to have been tabulated accurately --- if they ever are.

To that end, here's a few things you can do tomorrow in Wisconsin (and one thing you can do even if you're not in Wisconsin), to help cover at least a few of the bases where computer tabulation systems can either be gamed or might simply malfunction to report inaccurate results...

Guest blogged by Sue Wilson

Anyone remember a time when radio seemed friendly and informative, rather than hostile and manipulative?

I do. And I remember when it changed in 1996, after Bill Clinton signed the Telecommunications Act into law, and suddenly, huge corporations like Clear Channel began using our public airwaves --- those scarce radio frequencies which are owned by us ALL --- as a hammer to pummel Clinton and all other Democrats.

I've been working to correct the problem ever since 1998. I've advocated rewriting the Telecommunications Act, made the film Broadcast Blues to educate people about the problem, founded the Media Action Center to get local groups communicating with their local broadcasters, filed petitions to deny stations' licenses, and more.

Nothing worked.

But now, I believe I have found the legal means to put Talk Radio on trial at the FCC --- and perhaps eventually at the Supreme Court --- and, ironically enough, we just may have embattled Wisconsin Gov. Scott Walker to thank for it...