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Latest Featured Reports | Friday, June 24, 2016
SCOTUS on Immigration, Aff-Action; Dems End Gun 'Sit-in': 'BradCast' 6/23/2016
Constitutional law expert Ian Millhiser explains new Court rulings; and we cover far more breaking news than we can even fit here...
'Green News Report' 6/23/16
  w/ Brad & Desi
Last CA nuke plant will close; Judge nixes Obama's fracking rules; Study: Toxic chemicals found in residents near fracking sites; PLUS: Researchers turn carbon emissions into stone...
Previous GNRs: 6/21/16 - 6/16/16 - Archives...
FL Rep.: Dems to 'Sit-In' Until Vote or GOP 'Hauls People Off Floor': 'BradCast' 6/22/16
Rep. Ted Deutch (D-FL) explains House protest, calls GOP shutdown of C-SPAN 'astonishing', lack of vote on guns 'disgusting'...
Was Orlando the 'Worst Mass Shooting in U.S. History?': 'BradCast' 6/21/16
Guest: USC historian Ariela J. Gross | ALSO: Trump's disastrous fundraising numbers; New polls; And our 700th 'Green News Report'!...
'Green News Report' 6/21/16
  w/ Brad & Desi
OUR 700TH EPISODE!!! Record heat in S.W.; CA snowpack gone; Bernie wants YOU to fight climate change; PLUS: Obama warns climate change coming for national parks...
Previous GNRs: 6/16/16 - 6/14/16 - Archives...
About That 'Stolen' Democratic Primary: 'BradCast' 6/20/16
Plus: Sanders' call for progressive candidates, the GOP/NRA/Trump lies and obstruction on guns, and more evidence elections matter...
Sunday Keepin' Bear Toons
As you might imagine, the nation's political cartoonists have a few thoughts following Orlando. 'PDiddie' rounds up the best of them on that topic and more at the end of Primary season...
Broken Party; Bernie's Message; Hillary Rising: 'BradCast' 6/17/16
A year into Trump and GOP wheels are now off. Meanwhile, Sanders 'revolution' could just be starting and 'red' states could turn 'blue'...
Former CDC Injury Chief on Federal Gun Research 'Ban': 'BradCast' 6/16/16
Dr. Mark Rosenberg explains his 1996 'Dickey Amendment' showdown w/ Congress, NRA; Also: Dem 'filibuster' forces Senate gun votes, Obama speaks to Orlando victims' families...
'Green News Report' 6/16/16
  w/ Brad & Desi
House GOP to roll back pollution standards; May 2016 was hottest on record; Clean Power Plan saves U.S. $38b/year; PLUS: Trump was for climate action before he was against it...
Previous GNRs: 6/14/16 - 6/9/16 - Archives...
Bullets and Ballots:
'BradCast' 6/15/16
The fights over both continue, after the Orlando Massacre and the end of Presidential primary voting following the D.C. Primary. We cover the latest on both, take listener calls, and more...
Nearing an End to SCOTUS' Willful Misinterpretation of the 2nd Amendment?
With carnage piling ever higher and the death of Scalia, the Court needs to overturn Heller...
It's the Guns, Stupid: Falling for Trump's 'Islam' Bait: 'BradCast' 6/14/16
Plus: D.C. Statehood and 'political slavery' with Anise Jenkins of FreeDC.org...
'Green News Report' 6/14/16
India PM in U.S. Congress; Bankrupt coal co. secretly funded deniers; U.S. coal use plunges; More oil cos. abandon Arctic; PLUS: Norway first to ban deforestation...
'An Act of Terror and Hate':
'BradCast' 6/13/2016
How the NRA and GOP fought to help assure the Orlando Massacre...
Sunday Toons of the Broken Glass Moment
'PDiddie' rounds up the week's best toons as Hillary rises, Sanders falls and Trump...gets trumped...
Should Sanders Quit?; L.A. Responds to Provisional Ballot Nos.: 'BradCast' 6/9/16
TPM's John Judis on history of convention floor fights; L.A. Election Chief on 240k provisional ballots...
'Green News Report' 6/9/16
S.F. adopts climate tax; Alberta, Canada adopts carbon tax; Congress updates toxic chem regs; Britain's solar crushes coal; PLUS: Artificial leaf breakthrough...
Special Coverage: CA, NJ, ND, SD, NM, MT Primary Results, Fallout & Voting Probs: 'BradCast' 6/8/16
PLUS: Bonus SECOND hour of calls from SoCal voters and poll workers, live from KPFK!
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
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...


Plus: Ready for Warren?...
By Brad Friedman on 6/10/2016 5:27pm PT  

On today's BradCast, while the Democratic Party and the mainstream corporate media may have moved on --- and Elizabeth Warren may feel ready to be Commander-in-Chief if tapped as Vice President --- there are millions of still-untallied ballots in the state of California. Meanwhile, in the key Presidential swing-state of Ohio, Democrats are being disproportionately purged from the voting rolls by state Republicans in advance of the 2016 general election. [Audio link posted below.]

Yes, democracy actually still matters, and that includes counting the ballots of all the legal voters who wish to vote, counting them accurately, and in a way that we can know they have been counted accurately. While we've been reporting this week, often exclusively, on the huge number of still untallied ballots --- both Provisional and Vote-by-Mail ballots --- here in Los Angeles County, ever since Tuesday's Presidential Primary, new data now reveals the totals are even higher than we've so far reported, both in L.A. and across the state. With some 3.5 million ballots now tallied in the Democratic Primary, and a 500,000 vote (appx. 13%) margin for Hillary Clinton over Bernie Sanders, there are still some 2.5 million ballots that have yet to be tallied at all. We discuss what that means and why it matters on today's program.

We also discuss the necessity of taking action on issues that effect elections before your candidate is announced as having lost one. While it's a message we've been shouting from the rooftops at BradBlog.com and on The BradCast for more years than we care to remember, perhaps Sanders supporters will now take note and action. And perhaps Clinton supporters will join them now, rather than waiting until the media declare President-elect Trump has sewn up the race. As one of the cell phone companies used to say: Can ya hear me now?

Speaking of taking action before it's too late, it appears that the state of Ohio is purging voters from the rolls at an alarming rate. Specifically, Democratic-leaning voters in urban areas won by Obama in 2008 and 2012 are being purged at a disproportionate rate to more Republican voters in suburban, whiter areas. To date, more Democratic-leaning voters have been removed in the state's three largest counties in OH than Obama's margin of victory in the state in 2012. Can ya hear me yet?

But, there is also some good news for voting rights and democracy advocates out of the Buckeye State on today's show, as a federal judge has found this week that a number of election reforms enacted by the Republican state legislature and signed by its Republican Gov. John Kasich in 2014 are unconstitutional. That good news, however, comes a bit too late for those voters who had their otherwise legitimate provisional ballots unconstitutionally rejected, thanks to those GOP provisions. Naturally, the state's Republican Sec. of State Jon Husted plans to appeal the federal court's ruling.

Finally today, Desi Doyen joins us with the latest Green News Report which, as luck would have it, includes a number of encouraging new laws passed this week to help save the environment, underscoring once again that, yes, elections really do matter. You can hear us now by simply clicking on one of the links below. Enjoy!

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

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Guest: Washington Monthly's David Atkins | Plus: Sanders files for KY 'recanvass' and good news for OH voters!...
By Brad Friedman on 5/24/2016 4:42pm PT  

On today's BradCast, the Bernie Sanders campaign files for a 'recanvass' of Kentucky's exceedingly close May 17th Democratic Primary; Some very good news for voters out of a federal court in Ohio; And an explanation for why Democrats in California should be thanking the Vermont Senator for staying in the race through the Golden State's Presidential Primary on June 7th. [Audio link to show is posted below.]

First up, as Washington state Republicans hold their Primary today (with no surprises expected, even as we explain how one could occur), we report on the breaking news of Sanders' request for a "recanvass" in Kentucky, where Hillary Clinton reportedly defeated him by just 1,924 votes --- less than one-half of 1% out of nearly half a million votes cast --- last week, according to the computer-tallied results. We explain how a "recanvass" is decidedly different from a "recount", and how it remains the case that, thanks to the number of votes cast in the Bluegrass State on 100% unverifiable touch-screen voting systems, we can never actually know who the voters really preferred there. The "recanvass", scheduled for this Thursday, is unlikely to change that or the reported results, as it will largely be little more than a review of the already-existing electronic tally.

Then, a federal court in Ohio finds the shortening of the Early Voting period and "Golden Week" (a period of time when Buckeye State voters used to be able to both register to vote and cast a ballot on the same day) by state Republicans, is in violation of Section 2 of the Voting Rights Act as well as the 14th Amendment of the U.S. Constitution. The U.S. District Court has ordered those days to be restored for the General Election, even as this case and a number of others filed by Democrats and voting rights advocates around the country may be headed to the U.S. Supreme Court, where the vacancy that Republicans refuse to fill is likely to result in continuing chaos and confusion over U.S. voting rights.

Next, I'm joined by David Atkins of Washington Monthly, to discuss at least two reasons why, despite so much whining from Democratic Party establishment apparatchiks, it remains very important for Democrats, both in California and nationally, that Sanders remains in the Presidential race at least through the party's Primary on June 7. Atkins explains how the contest has helped lead to skyrocketing voter registrations for Democrats out here and, as importantly, how the state's "Top Two" primary system could results in disaster for a number of U.S. House races if Dem turnout is depressed. Sanders, Atkins argues, is doing the party a tremendous favor by staying in and continuing to fight the good fight.

He also goes on to ring in on the internecine battle between Sanders and Clinton supporters and on whether he believes the party will ever be able to survive its latest outbreak of (sometimes "messy") democracy.

Finally, Desi Doyen joins us for the latest Green News Report, which includes, among much more, evidence that, while Donald Trump claims to believe climate change is a "hoax", his very own companies believe otherwise...

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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Screenshots suggests disappearing 'Yes' votes on Election Night; OH Sec. of State's office offers us an explanation, downplays concerns
PLUS: Citizen calls for hand-count grows in Kentucky; And Fossil Fuel's very bad week...
By Brad Friedman on 11/10/2015 5:15pm PT  

Did someone or something flip election results last week in Ohio's statewide ballot initiative Issue 3 to legalize marijuana? We try to get to the bottom of that question --- and many others --- on today's BradCast. (Audio is linked below.)

As initially reported by Ohio's Bob Fitrakis and Harvey Wasserman, and later by Steve Rosenfeld, screenshots captured from several different media outlets on Election Night last week show what appear to be impossible results on both Issue 3 and on Issue 1, a ballot measure for redistricting reform in the Buckeye State.

For example, according to screenshots from Dayton's WHIO-TV website, as published in the Fitrakis, Wasserman and Rosenfeld articles, Issue 3 reportedly had 969,662 "Yes" votes with 39% of precincts reporting. But later in the night, with 45% of precincts, there were only 614,866 "Yes" votes on Issue 3. That's a seemingly impossible drop of more than 300,000 votes in the initiative that is said to have ultimately failed, according to the unverified election night results reported by the OH Sec. of State.

Similarly, screenshots of results on Issue 1, which ended up reportedly passing, saw "No" votes drop impossibly from 990,555 to 486,596 later in the evening.

What explains these numbers? I spoke to Matt McClellan, Communications Director for Ohio Sec. of State John Husted (R) earlier today. He says that WHIO and the other media outlets whose screenshots were cited by Fitrakis, Wasserman and Rosenfeld, were all Cox Media outlets and "the problem was on their end."

"Someone was manually entering data," McClellan told me. "When they noticed the mistake, they made a correction." He went on to say that the Secretary of State's website had no such discrepancies or irregularities throughout the evening. His office does not take their own screenshots throughout the night, so we can't confirm that either way, at the moment, though McClellan says the office "went back and double-checked to make sure" after the issue was initially reported.

In response to the Sec. of State office's assertions (we offer more detail on them during the show), Fitrakis shared pre-election tracking poll results with me, that suggest the marijuana initiative should have passed, rather than lost, by a 2 to 1 margin. "Tracking polls suggest more that [results] were flipped than not flipped," he told me today. Fitrakis was is skeptical of the explanation from Husted's office, while adding that if Cox is manually entering results on the fly on Election Night, "then they need to stop, because it's absurd."

For the record, our calls to try and confirm the OH SoS' claims with WHIO and/or Cox Media have not yet been returned. But, again, much more detail during the program.

As if all of that isn't enough of a mess, the citizen movement to demand a hand count of the questionable results of last week's Kentucky Governor's race continues to grow. A petition has been posted to Change.org asking KY SoS Allison Lundergan Grimes to carry out a hand count of paper ballots statewide. So far, more than 10,000 have signed on to the effort, as we discuss today as well.

Finally on today's show, Desi Doyen joins us with the latest Green News Report on the fossil fuel industry's no good, very very bad week...

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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By Brad Friedman on 11/3/2015 2:54pm PT  

As we've noted many times over the years, problems with voting systems on Election Day don't necessarily come to light until after Election Day --- sometimes months (or even years) after --- and they are frequently marginalized as little more than "hiccups, glitches, snags and snafus," by election officials and media alike when they do occur, rather than the outright failures that they actually are.

Today, however, in a number of states where elections are being held around the country, problems with electronic pollbooks, rather than voting machines themselves, seem to be popping up early and are resulting in voters walking away without having been able to cast a vote.

Here are a few examples today out of Virginia, Texas and Ohio, so far (emphasis ours)...

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




Some, but not all, attempted GOP cutbacks to Early Voting nixed...
By Brad Friedman on 4/17/2015 12:35pm PT  

A deal announced today by Ohio's Secretary of State may help avoid some of the legal nightmares that plagued the Buckeye State's 2014 elections. While the legal settlement [PDF] restores some of the early voting access Republicans have been attempted, for years, to impose, it also leaves other rollbacks to voting reforms passed after the state's 2004 Presidential nightmare in place.

MSNBC's Zach Roth explains the agreement between Ohio's Republican Sec. of State and the ACLU, which had sued on behalf of the Ohio NAACP and League of Women Voters last year to block new GOP cuts to polling place access:

The deal, announced Friday morning between Secretary of State Jon Husted, a Republican, and the ACLU, undoes some but not all of the damage to voting access caused by last year's cuts. It restores one day of Sunday voting and adds weekday evening hours, but lets stand the elimination of a week when Ohioans had been able to register and vote all in one day.

Both sides hailed the new agreement --- hopefully ending a years-long, roller-coaster legal battle --- as a victory for voters, though Roth added on Twitter that the deal, overall, seemed to be more of a victory for the GOP than for voting rights advocates. Elections expert Daniel Smith is a bit more optimistic about it today, noting that it's "a much bigger deal to have extended hours" and Sunday "Souls to the Polls" voting restored, even as the ACLU, for its part, concedes the settlement is "far from perfect"...

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




Repubs file 'Emergency Petition for Rehearing' before full court...
By Ernest A. Canning on 9/26/2014 7:48am PT  

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

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




Restores evening hours, 'Souls to the Polls' Sunday, and 'Golden Week', allowing both registration and same-day voting...
By Brad Friedman on 9/4/2014 4:31pm PT  

This statement from the ACLU follows today's federal court ruling [PDF] restoring Early Voting hours --- yet again --- in Ohio in advance of the November mid-term elections:

COLUMBUS, Ohio -- A federal judge today ruled that cuts to early voting in Ohio must be restored in time for the November election. The American Civil Liberties Union is challenging a state law and directives that have dramatically slashed early voting opportunities in Ohio. The ACLU was in court last month to ask the judge to restore the cuts prior to full trial, in time for the midterm election.

"This ruling will safeguard the vote for thousands of Ohioans during the midterm election," said Dale Ho, director of the ACLU's Voting Rights Project. "If these cuts had been allowed to remain in place, many voters would have lost a critical opportunity to participate in our democratic process this November. This is a huge victory for Ohio voters and for all those who believe in protecting the integrity of our elections."

Today's ruling restores the first week of early voting, often referred to as "Golden Week," in which voters are able to register and cast a ballot on the same day. It also restores evening early voting, as well as multiple Sundays.

The ruling includes a temporary injunction on the Republican-enacted state law and on additional new restrictions on voting hours implemented by its Republican Sec. of State John Husted, finding the regulations are in violation of both the Equal Protection Clause of the U.S. Constitution's 14th Amendment, as well as Section 2 of the Voting Rights Act which bars racially discriminatory voting laws in all 50 states.

"Ohio keeps trying to cut early voting and the federal courts keep striking the cuts down," writes The Nation's Ari Berman in response to today's ruling.

It's true. This has been going on for years. State Republicans, whether in the form of the legislature or their Republican Sec. of State in Ohio, keep attempting to make it harder to vote, and the federal court keeps ruling those attempts to be in violation of federal law. It has happened over and over again over the past several years.

Berman notes, in regards to today's ruling, that "In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP" and that African-American voters in the state "voted early in person at a rate over twenty times greater than white voters," according to the Lawyers' Committee for Civil Rights.

The expansion of early voting in Ohio was implemented following the disastrous 2004 elections there when many voters --- largely in minority areas --- were forced to wait for 6 hours or more to cast a vote under restrictions implemented by then partisan Sec. of State and co-chair of Bush/Cheney '04 Inc., J. Kenneth Blackwell. The last ballot cast in the Buckeye State that year, when the state's electoral votes would determine the Presidency, was around 2am on Wednesday morning at Kenyon College, where some students had waited on line as much as 10 hours to vote.

The new GOP restrictions cut many of the additional voting opportunities instituted in 2005, which had otherwise led to a fairly smooth election under Democratic Sec. of State Jennifer Brunner in 2008, as she described to us during an exclusive interview in 2012.

Early Absentee voting numbers had doubled between 2004 and 2008 after the expansion of voting hours, as a quick glance at the numbers starkly demonstrates...

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




By Ernest A. Canning on 6/16/2014 6:05am PT  

Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

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By Brad Friedman on 11/7/2012 7:36pm PT  

Today on my KPFK/Pacifica Radio show: My take on what did and didn't go right and wrong during yesterday's 2012 elections --- there was plenty of each --- and what now needs to be done about it all.

Plus, investigative journalist Bob Fitrakis from Ohio's Free Press on OH Sec. of State Jon Husted's secret, uncertified, "experimental" software installed on vote counting systems in 39 counties just days before the 2012 election, and Fitrakis' state and federal lawsuits to try to block it...

Download MP3 or listen online below [appx 58 mins]...

Now, if you don't mind, I'm going to nap for a while. Need it desperately. But lots to do. So, back soon...

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Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...




The BRAD BLOG obtains today's filings in Fitrakis v. Husted
UPDATE: Motions for TRO denied in both federal & state court, but state judge would reconsider if subsequent evidence of election tampering emerged...
By Ernest A. Canning on 11/5/2012 10:06pm PT  

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...

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




By Brad Friedman on 11/5/2012 5:35am PT  

[This article has been cross-posted by Salon...]

Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as "uncertified 'experimental' software patches" being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties which service more than 4 million voters Buckeye State voters.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted's office and ES&S, the nation's largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as "High-level enhancements to ES&S' election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File."

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio's tabulator systems. The memo claims that "its function is to aid in the reporting of results" by converting them "into a format that can be read by the Secretary of State's election night reporting system."

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to "halt the use of secretly installed, unauthorized 'experimental' software in 39 counties' tabulators". Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as "a flagrant violation of the law."

[Update: Details and documents from that lawsuit now here...]

"Before you add new software, you need approval of a state board," says Arnebeck. "They are installing an uncertified, suspect software patch that interfaces between the county's vote tabulation equipment and state tabulators." Arnebeck's alarm is understandable.

Since the story initially broke, I've been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I've also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State's office have gone unanswered, as had Fitrakis' and Bello's before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn't respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

I'd like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday's election --- in which Ohio's results are universally believed to be key to determining the next President of the United States --- preclude that.

So, based on the information I've been able to glean so far, allow me to try to explain, in as simple terms as I can, what we current know and what we don't, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don't know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted's office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they've given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am...

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




Problem no better in OH...
By Brad Friedman on 11/4/2012 4:13pm PT  

South Florida, this weekend, 2012...

This is just shameful. Embarrassing for the entire nation. Again. How FL Governor Rick Scott and Ken Detzner, both Republicans, sleep at night I cannot imagine. That, even after both of their Republican predecessors, Governors Charlie Crist and Jeb Bush had the decency to extend early voting hours when lines began snaking around the block in previous years (and we've never had much good to say about Jeb Bush's administration of elections!)

Scott cut Early Voting from 14 days in 2008 to just 8 days this year in the Sunshine State because, apparently, there was just too damned much voting and democracy and stuff going on in 2008.

As Scott refuses to budge, despite the hours-long lines to vote --- as much as 6 hours in many places --- Democrats have been forced to go to court to sue for expanded Early Voting hours at the last minute, as Lizette Alvarez details at New York Times. A judge has already granted four additional hours in one county, after Early Voting had to be temporarily stopped there for a number of hours due to a suspicious object, which had to be detonated by the bomb squad, was left at one of the polling place. But, ultimately, the suits will most likely be too little, too late at this point.

This all comes on the heels of Scott severely restricting voter registration drives, attempting to even further restrict Early Voting hours, and falsely attempting to purge legitimate voters over the past year and, as we noted yesterday, even purging active duty military voters from the rolls in the bargain.

Last night, in a special Saturday broadcast, MNSBC's Rachel Maddow detailed this weekend's Florida disgrace...


Be sure to notice the scenes --- documented in photo after photo, at Early Voting polling place after polling place in the video above --- of lines around the block with people trying to do nothing more than simply cast their vote in the Presidential Election in Florida. Imagine how many voters saw those lines and simply decided not to bother, or were too elderly or infirm to be able to stand there for six hours.

Well, at least it's not like Florida is a state with a history of close elections, or one that's expected to be close at all this year. Most importantly, remember: "We are the world's greatest democracy", right?

Oh...and as Ari Berman has been reporting from on the ground, in Ohio, where Republican Sec. of State Jon Husted has similarly attempted to restrict as much Early Voting as possible, the problems at this hour are not much better.

Cuyahoga County, Ohio, this weekend, 2012...

Columbus, Ohio, this weekend, 2012...


[via Michael Finnegan, LA Times]

And here are still more breathtaking photos of Early Voting lines in Ohio. I can't express enough my respect for those folks who are able to endure 6-hour lines to vote. Neither can I even imagine how countless-many simply choose not to.

* * *
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ALSO: NY, CT, PA, VA and OH polling sites struggle to get back on line after Superstorm Sandy and in time for Election Day...
By Brad Friedman on 11/3/2012 11:47pm PT  

[This article cross-posted by Salon...]

Since both before Superstorm Sandy hit, and after, we've been reporting on concerns in states where voters are forced to vote on electronic voting systems on Election Day and, thus, could be kept from being able to cast a vote at all in this Tuesday's Presidential Election should power be unavailable at polling sites.

We've noted that voters simply cannot cast a vote at all on such systems when the power is out, and that it's just one more reason why no American should ever be forced to vote on the 100% unverifiable voting systems, incredibly, still in use across most of states such as New Jersey, Pennsylvania, Maryland, Virginia, West Virginia and parts of Ohio which were all hit hard by the storm, along with New York, Connecticut and elsewhere.

We've got a bit of good news to report today, for some of the voters whose ability to vote at all has been imperiled by this inexcusable, completely foreseeable failure by public officials who have long ago been warned about this possibility and yet refused to do the sensible thing and move to a verifiable paper ballot system to avoid it.

The news is more encouraging in states like NY and CT, where officials respect voters enough to allow them all to vote on paper ballots, even when natural disasters haven't struck...

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




DoJ, U.N. observers deployed; Clear Channel takes down offensive billboards; OH's 'un-American' SoS; Photo ID confusion in PA...
By Brad Friedman on 10/22/2012 10:41am PT  

These are now coming in too quickly for us to cover 'em all in detail. But let's see if we can try and help get a few more eyeballs on at least some of the most noteworthy, with more in-depth coverage to come as/if time allows...

DoJ Monitoring Early Voting in TX: "The Justice Department announced today that it will monitor portions of the early voting period for the Nov. 6, 2012, general election in Dallas and Harris Counties, Texas, to ensure compliance with the Voting Rights Act of 1965."

UN Monitoring U.S. Precincts on Election Day: In March, we noted that the NAACP requested U.N. monitors to observe the U.S. election, based on concerns about disenfranchisement by GOP polling place Photo ID restrictions and other voter suppression tactics. Now they're getting them. "The Organization for Security and Cooperation in Europe (OSCE), a United Nations partner on democratization and human rights projects, will deploy 44 observers from its human rights office around the country on Election Day to monitor an array of activities, including potential disputes at polling places. It's part of a broader observation mission that will send out an additional 80 to 90 members of parliament from nearly 30 countries."

Oddly, Republican-funded "non-partisan" group "True The Vote", which claims to be monitoring polling places to prevent fraud (but appears to be there to challenge legitimate voters, intimidate them and cause havoc instead), is against the idea. If they wanted to prevent fraud wouldn't they say the more observers the better?

"Voter Fraud" Billboards Coming Down: After they've already been up in minority neighborhoods for two weeks..."Clear Channel Outdoor will remove 30 billboards across the city that drew complaints of racism and intimidation with their message of "Voter fraud is a felony," the company said Saturday night." Clear Channel also says it'll donate "10 other billboards that will have messages to counter the offending ones." They'll read "Voting Is a Right. Not a Crime!" See Jamil Smith's take on why the billboards, placed in minority areas, were so disturbing.

OH SoS Says Order to Restore Early Voting "Un-American" - Yes, that's what Republican Sec. of State Jon Husted, vying to become the J. Kenneth Blackwell for 2012, actually said during his keynote speech at an election law symposium at University of Toledo on Friday. Apparently the remarks were not well received by the actual Election Law experts on hand. See our summary of Husted unsuccessful, "Un-American" attempt to ask the U.S. Supreme Court to help him keep legal voters from voting right here.

State Ads Causing Confusion in PA Following Photo ID Ruling: As we predicted when the Republican Commonwealth Court Judge's ruling was issued, confusion is now reigning in PA. The ruling barred the GOP's polling place Photo ID requirement (this November, anyway), but decided that poll workers could ask for it anyway. Moreover, the Judge refused to enjoin the part of the law that allocates millions in tax-payer dollars to "voter education" about the Photo ID law. "That critical detail in Simpson’s opinion — that photo ID is not required in this election — has been lost in much of the $5 million advertising campaign by the Pennsylvania Department of State, voters rights advocates charge. On buses, an ad displays a photo ID with 'SHOW IT' in big block lettering. In smaller type, it says photo ID is not mandatory. Moreover, state officials acknowledge that it was not until Tuesday, a full two weeks after the court opinion, that the last of the pre-decision billboards announcing photo ID as a requirement came down."

"Late Friday, the Advancement Project, a civil rights organization, filed a petition asking [Commonwealth Court Judge Robert] Simpson to order Pennsylvania officials to cease advertising and distributing information about the photo ID requirement."

* * *
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We currently have a premium offer for signed copies of investigative journalist Greg Palast's new best-seller Billionaires and Ballot Bandits and his "Election Files" DVD, including his BBC reports on fraudulent U.S. elections in 2000, 2004 and 2008. Details on that limited time offer right here...




Republican Sec. of State Husted finally forced to announce Early Voting hours for final three days before Election Day...
UPDATE: Order denying stay issued by entire Court without dissent
By Ernest A. Canning on 10/16/2012 3:12pm PT  

The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.




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