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Latest Featured Reports | Wednesday, August 21, 2019
The Domestic Terror Mass Shootings by White American Men That DIDN'T Happen Last Week: 'BradCast' 8/20/19
Also: Trump cow-tows to NRA on gun reform; Luntz' advice to Dems on discussing climate...
'Green News Report' 8/20/19
  w/ Brad & Desi
Newark's lead contamination crisis; U.S. fracking causes spike methane emissions; Air pollution like a pack of cigarettes a day; PLUS: End the Senate filibuster to save the climate?...
Previous GNRs: 8/15/19 - 8/13/19 - Archives...
Multipartisan Petition Effort to Recall Alaska's New GOP Governor Catches Fire: 'BradCast' 8/19/19
Guest: AK Dem Party's Jeanne Devon; Also: GA voters mandate new voting system review...
Sunday Big Baby Toons!
You'll laugh, you'll cry -- you may even get rattled -- by PDiddie's latest weekly toon collection...
Officials Scramble As Election Software Goes Obsolete, Election Servers Discovered Online: 'BradCast' 8/16/19
Guest: Kim Zetter on voting systems found connected to the Internet and vendor denial...
JUDGE BANS GA'S OLD TOUCH-SCREEN VOTE SYSTEMS FOR 2020: 'BradCast' 8/15/19
Guest: Plaintiff Marilyn Marks says landmark ruling finding Georgia's voting system uncon-stitutional is a victory for all U.S. voters...
'Green News Report' 8/15/19
  w/ Brad & Desi
Warming-fueled toxic algae blooms killing dogs; Big Oil now pushing plastic; Plastic pollution found falling in Arctic snow; PLUS: Dem states sue to stop Trump EPA's dirty power plan...
Previous GNRs: 8/13/19 - 8/8/19 - Archives...
'SKYFALL': 'BradCast' 8/14/19
Guest: Stephen Schwartz on Russia's still-unfolding nuclear weapons test disaster; Also: GA's Abrams launches nat'l effort to protect voters in 2020 elections...
From Epstein to USDA: Under-Reported Cost of Gutting US Govt: 'BradCast' 8/13/19
Also: Admin blocked from making 'dark money' darker; TX sued for tossing absentee ballots...
'Green News Report' 8/13/19
Trump Int. Dept moves to gut the Endangered Species Act; EPA paves way for controversial AK mine; PLUS: The one energy project the Admin doesn't mind slowing down...
As Long as Trump is Advancing Conspiracies about Epstein...: 'BradCast' 8/12/19
Also: Andrew Cohen on prison suicide epidemic; Admin to block legal immigration, gut Endangered Species Act...
Sunday 'Trigger Objects' Toons
Once again, PDiddie's latest weekly collection of political cartoons is dead on target...
Outing 'The Family' on Netflix:
'BradCast' 8/9/19
Guest Hosted by Nicole Sandler with author Jeff Sharlet; Also: World warns of U.S. gun violence epidemic...
The White Supremacist-in-Chief and Much Brighter 2020 News: 'BradCast' 8/8/19
Brutal ICE raids in MS; WH denial on domestic terror; MT assaulter followed Trump 'rhetoric'; 'The OC' turns 'blue'; TX may soon do same...
'Green News Report' 8/8/19
UN calls for farming overhaul to solve climate change; Unpaid KY miners block coal train; PLUS: Four fossil fuel explosions in 48 hours underscores aging infrastructure...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Cybersecurity journalist Kim Zetter on her jaw-dropping new exclusive finding battleground election systems vulnerable on the Internet despite claims to the contrary by elections officials, private vendors...
By Brad Friedman on 8/16/2019 6:29pm PT  

On today's BradCast: Elections officials seem to be panicking around the country, and for good reason. But their concerns may be coming a bit late...perhaps a decade or so too late, as virtually every aspect of our "public" elections in the U.S. --- from ballot programming to registration to voting to vote tabulation to election results reporting --- has now been allowed to have become largely taken over by private vendors and contractors, with little or no oversight from either state or federal officials. [Audio link to today's full show is posted at end of article.]

An exclusive analysis last month by AP found that virtually all voting systems currently in use in the nation's 10,000 separate voting jurisdictions in all 50 states run on software --- Windows 7 or earlier --- that will no longer be supported by Microsoft with regular security updates and patches as of January. That includes systems certified by the U.S. Elections Assistance Commission (EAC) from the nation's largest private elections vendors as recently as this year. Those newly certified systems still use Windows 7, which was released a decade ago in 2009.

Of course, the EAC's certification process --- for the few states which choose to follow federal voluntary (yes, voluntary) guidelines --- has been laughable for years. It focuses on usability and functionality, not security. Most systems in the U.S., if they are EAC certified at all, were tested to guidelines published by the EAC in 2005.

At a summit this week of elections officials and vendors, hastily convened by the EAC in Maryland in response to the disturbing AP analysis, officials complained about the lack of federal support and standards, and that financially strapped and technologically challenged elections divisions at both the state and local level are realizing only now that they are being asked "to take part in what is national security" with little or no help from the federal government. One official at the EAC confab reportedly complained: "We are talking about local communities having trouble funding roads and water bills, and now we want them to take part in defense against foreign and state actors."

Of course, it is not only nation-states like Russia that pose a threat to the security of America's vulnerable, computerized and privatized public elections, so do regular old Americans, as the recent hack by a woman in Seattle of more than 100 million customer records at Capitol One proved, along with the vulnerabilities in brand new voting and registration systems discovered by hackers in a few hours at the DefCon Voting Village convention last weekend in Las Vegas.

All of this comes on the heels of Thursday's federal court ruling finding Georgia's voting systems to be so "unsecure, unreliable, grossly outdated....seriously flawed and vulnerable to failure, breach, contamination and attack" that the judge declared the systems (which are similar to ones used in several other states) a violation of voters' Constitutional right to have their votes counted as cast.

But all of that might ultimately be small potatoes in light of longtime cybersecurity journalist and author KIM ZETTER's recent exclusive at VICE's Motherboard, finding that "Critical U.S. Election Systems Have Been Left Exposed Online Despite Official Denials". Zetter, one of the only journalists in the nation who has been covering these matters as long or longer than we have at this point, joins us on today's program to explain her jaw-dropping article which begins this way: "For years, U.S. election officials and voting machine vendors have insisted that critical election systems are never connected to the internet and therefore can't be hacked. But a group of election security experts have found what they believe to be nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states. These include systems in nine Wisconsin counties, in four Michigan counties, and in seven Florida counties --- all states that are perennial battlegrounds in presidential elections. Some of the systems have been online for a year and possibly longer."

In many cases, she tells me, the elections officials seemed to have no idea that their systems were connected to the Internet by their vendors. As for the vendors' part --- in this case, the nation's largest, ES&S --- Zetter explains their bizarre claim that voting and backend tabulation and reporting systems connected around the clock for years at a time aren't really connected to the Internet at all --- and, even if they are, they are perfectly secure. Zetter and the data researchers found otherwise.

The systems found vulnerable on the net, she details, would allow a malicious actor to change unofficial election night results, official results, and the public reporting of the results themselves. Moreover, she explains, access to the exposed backend portions of these systems over the Internet could also result in malware being transferred to voting machines themselves. And all of this was discovered by a small team of researchers with little or no funding. No nation-state required, she confirms.

"If it was just a box on the Internet that was receiving the votes transmitted [on Election Night from the precinct] that would be a security problem in itself, not only because you could potentially alter those votes. They are unofficial results on Election Night --- and the officials results are taken from the actual memory cards in the voting machines. But if you can alter the unofficial results, that's going to create a lot of mistrust in the final outcome if they don't match," she says.

"But even if you don't alter those votes, that communication over the phone between the voting machine in the field and that backend server that's on the Internet creates a channel for infecting those voting machines. So, someone who could actually install that malware on that system on the Internet can design it in such a way that it downloads to the voting machines when they connect to that system. So the attackers can alter that voting machine in preparation for a future election."

"But that's not the only problem," she continues. "If that was the only thing that was on the Internet, that would be a concern in itself. What was remarkable is that ES&S acknowledged to me that they don't just put an empty box on there to receive the votes. Also connected to that Internet connection is the backend system for tabulating both the unofficial results on Election Night, and those official results that are later taken from the memory card."

"And the Election Management System is also connected. The Election Management System is used to do a lot of functions in elections. Among them is the actual programming of these voting machines before each election. So, if you don't get to the machines through that little receptacle that's connected to the Internet, you can get to that backend Election Management System and put in malicious code that then gets transferred directly to the voting machines before the next election."

But, of course, other than that, why worry, right? Well, Zetter has much more to say on that as well, including about Republican Senate Majority Leader Mitch McConnell's continuing efforts to block any and all election security measures in the Senate that might help shore up at least some of these concerns, including bills already passed by the House that would mandate hand-marked paper ballots for all voters. Even that, at this point, wouldn't fully protect against attacks on computer optical-scanners currently used in all 50 states to tabulate those ballots with little or no post-election audits to make sure they did so accurately...

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

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Guest: Plaintiff Marilyn Marks says landmark ruling finding Georgia's voting system unconstitutional is a victory for voters across the nation...
By Brad Friedman on 8/15/2019 6:10pm PT  

We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

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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On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Also: Cybersecurity firm was able to take over GA's 'entire' voter registration network; Lots of bad news for Trump and GOP in Congress...
By Brad Friedman on 8/2/2019 6:24pm PT  

Lots of bad news on today's BradCast for Trump and the Republican's in Congress as they head home for their long summer recess. And several astonishing followups to major voting-related stories we broke earlier in the week out of North Carolina and Georgia. [Audio link to full show is posted below.]

First up, several big stories out of Congress today, none of them good for the President or Republicans...

  • The GOP's only black U.S. House member, Rep. Will Hurd of Texas, says he won't run again in 2020. The stunning announcement Thursday night represents a huge pickup opportunity for Dems in a state slowing turning "blue", and just the latest in a quickly growing string of GOPers calling it quits in the House;
  • On Friday, Donald Trump abruptly pulled his 5-day old nomination of TX Rep. John Ratcliffe to become the nation's next spy chief. Ratcliffe, after attacking former Special Counsel Robert Mueller during hearings in the House last week, was tapped by the President to replace Director of National Intelligence Dan Coats, who publicly contradicted Trump on Russian interference in U.S. elections, Iran compliance with the landmark nuclear pact that Trump violated and pulled out of, and on the national security threat of climate change, among other things. Ratcliffe, however, was revealed to have had no previous intelligence experience, as required by statute for the DNI role overseeing the nation's 17 intelligence agencies, and was found to have lied about past claims to have prosecuted terrorists;
  • And, in more bad news for Trump on Friday, a majority of House Democrats have now publicly called for an official impeachment inquiry of the President. CA Rep. Salud Carbajal became the 118th out of 235 House Dems to publicly call for an inquiry to begin. With the majority of her caucus now supporting impeachment proceedings, it remains to be seen if House Speaker Nancy Pelosi will finally modify her current position to allow Dems only to "legislate, investigate and litigate". House Judiciary Chair Jerry Nadler recently filed a court motion seeking grand jury information from the Mueller investigation which, for the first time, referenced a need for the documents due to Congressional consideration of impeachment proceedings.

Then, several (occasionally amazing) follow-ups to stories we broke earlier in the week regarding the citizen-led fights for publicly overseeable elections and hand-marked paper ballots in two key swing states.

First, on Tuesday's program we detailed what appeared to be a "win", if a short-lived one, by election integrity advocates in North Carolina, after they'd convinced the state Board of Elections, in a 3 to 2 vote, to adopt a resolution effectively blocking the certification of a 100% unverifiable computer touchscreen Ballot Marking Device made by ES&S, the nation's largest (and sleaziest) private voting vendor. That vote, if finalized next month, would likely result in hand-marked paper ballots across the entire state in next year's crucial Presidential election. The powerful ES&S is currently the only voting system vendor certified to do business in the closely divided battle ground state.

But, in reporting that story on Tuesday, we also broke the news that one of the three "yes" votes on the resolution blocking ES&S, Republican David Black, had changed his mind, leading to a new meeting --- and a revote on the resolution --- called for Thursday. Black's reversal would mean a 3 to 2 vote in FAVOR of ES&S' new, 100% unverifiable touchscreen systems for counties currently serving some 2.5 million voters whose current, older 100% unverifiable touchscreen voting systems are set to be certified, by state law, at year's end.

But, a funny thing happened before the Thursday revote, after the state Board's Chairman, Democrat Robert Cordle --- who had voted against the resolution on Monday --- told a wildly inappropriate joke to open a state conference of some 600 election officials. He was subsequently forced to resign by the Governor, resulting in Thursday's re-vote becoming a 2 to 2 deadlock, leaving the initial vote, which could lead to hand-marked paper ballots for all NC voters, in place.

There will be yet another vote --- the formal vote on the resolution --- on August 23rd, when whoever Democratic Gov. Roy Cooper names as the new Chair to the beleaguered 5-person Board, will be able to cast the decisive vote to determine if the key swing state will have verifiable elections in 2020 or not. And, yes, we share the "dirty joke" in question, about a woman and a cow, on today's program;

Then, we also have a follow-up to a story we broke on Monday's BradCast, regarding the federal lawsuit seeking to ban Georgia's 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots before the 2020 Presidential election. On Monday, plaintiff Marilyn Marks of the Coalition for Good Governance, joined us on the show to describe a revelation from a court hearing latest last week in which a witness from Georgia's Sec. of State's office revealed that all voting machines across the state in 2018 were programmed, without oversight, by three independent contractors working for ES&S out of their garages, using unsecured home WiFi.

Last night, the UK's Guardian picked up the story about the state's fully-outsourced elections, confirming our reporting from earlier in the week and adding a number of additional disturbing details. Among those new details: Georgia's entire voter registration system was similarly outsourced to a private company which even contractually disallowed the Sec. of State's office from having access to the network. More alarmingly, however, as the Guardian's Jordan Wilkie reports, during security penetration tests, a third-party (fourth-party?) cybersecurity company contracted by the state, found that it was able to "take over the entire network". Moreover, in November of 2018, a year later, in a second round of testing just before last year's midterms, many of the vulnerabilities discovered during the initial test remained unresolved.

Until last week's hearing, when much of this information was revealed on the stand for the first time during questioning of the Sec. of State's chief information officer, the state had completely misled the federal court about all of the above and more.

Finally today, some very grim news out of the Arctic, where Greenland, over the past week, has gone through an extraordinary melt event, with record high temperatures --- 10 to 30 degrees above the normal average --- resulting in the loss of some 10 billion tons of ice over the past day or two, with nearly 200 billion tons of water pouring into the Atlantic Ocean during the month of July. How's that for a cheery way to end the week? You're welcome!

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Public pressure in NC almost results in statewide hand-marked paper ballots --- almost; WI's Scott Walker files suit to undermine MI democracy; And many others reasons to fight for your democracy right NOW...
By Brad Friedman on 7/30/2019 4:47pm PT  

On today's BradCast: The hack of over 100 million personal financial records of those who applied for credit cards at Capital One, one of the nation's largest financial institutions, underscores yet again how insane it is that we are relying on proprietary, un-overseeable computer systems "overseen" by Mr. and Ms. County Clerk to safeguard free and fair elections with results that can be known by the public to be accurate. [Audio link to full show is posted at end of article.]

The Capital One hack did not take a nation-state like, say, Russia, to accomplish. It was allegedly pulled off by one woman hacker who lives with cats in an apartment in Seattle. But if Capital One can't protect its data --- even from a lone hacker in Seattle --- what chance do you really think your local county clerk or even state election official has in protecting the votes of millions of voters? Should you be concerned about those three guys who, according to testimony last week in federal court from a Georgia Sec. of State's official --- as discussed on our show yesterday --- program every voting machine in the state, without oversight, from their garage?

Georgia, of course, is not the only swing state right now considering the purchase of millions of dollars of new, if 100% unverifiable, computer voting systems for use in the crucial 2020 Presidential election. The closely divided North Carolina is doing the same. Thanks to public pressure from a lot of folks on the ground in NC, however, the State Board of Elections appeared, as of Monday night, to be on the verge of a resolution that would effectively mandate hand-marked paper ballot systems across the state.

That decision however, as we report today --- with some new details from those carrying out the fight locally in the state --- may now be on very shaky ground after possible pressure on State Board officials applied by ES&S, the nation's largest voting vendor and, currently, the only vendor certified to do business in the Tar Heel State. A new meeting is now scheduled for Thursday to consider rescinding the motion passed by the Board on Monday night.

The fight for free, fair and publicly overseeable elections in North Carolina, Georgia and many other states and counties around the country is taking place right now. As in previous years, waiting until after the election will be, once again, too late to do anything about whatever may happen. We try to give you the information you need every day here to fight for your publicly overseeable democracy. What you do with that information, however, in your own locality, is up to you. And you are really needed right now.

Meanwhile, after Florida Republicans recently undermined a landmark state Constitutional Amendment adopted in a landslide by voters last November to restore voting rights to some 1.5 million former felons, a similarly popular state Constitutional Amendment adopted in 2018 by Michigan voters is also now under fire by Republicans. Amendment 2, adopted by 61% of statewide voters last November, creates an independent redistricting commission to draw fair state legislative and U.S. House maps after the 2020 Census. The effort came in response to the state's wildly gerrymandered 2011 maps which have kept Republicans in the majorities in the state legislature and U.S. House delegations, despite receiving fewer votes than Democrats statewide. Though federal courts found MI's maps to be unconstitutional, an opinion by the stolen Republican majority on the U.S. Supreme Court killed that ruling in June, with Chief Justice John Roberts declaring federal courts may have no say in partisan gerrymandering cases, while citing, among other things, the citizen-led effort to create an independent redistricting commission last November in Michigan as an alternate solution to unfair partisan maps.

But, on Tuesday, a Republican group led by Wisconsin's former Gov. Scott Walker --- who approved similarly gerrymandered maps in that state before eventually being voted out of office last November --- filed suit in federal court to kill Michigan's Prop 2. The group claims the Amendment violates the Free Speech and Equal Protection clauses of the U.S. Constitution. We explain and discuss.

Finally, Desi Doyen joins us for the latest Green News Report, with some good news for California in its fight against Donald Trump over new vehicle mileage and emissions standards; cable networks announce 2020 Democratic climate change forums; and professional Republican climate change denier and pollster Frank Luntz announces he has a change of heart...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Gilroy, CA festival shooting tied to white supremacy, Trump's stochastic terrorism...
By Brad Friedman on 7/29/2019 6:07pm PT  

We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

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Guest: Election tech and cybersecurity expert Kevin Skoglund; Also: Deadly heat wave continues; Who to believe in the US/Iran showdown?...
By Brad Friedman on 7/19/2019 6:24pm PT  

On today's BradCast, some potentially good news for Philadelphia voters (and, thus, voters across the entire country), after a citizen led effort has resulted in the state of Pennsylvania re-examining its certification of a shockingly vulnerable --- and wholly unverifiable --- new touchscreen voting system selected by the city earlier this year (under questionable circumstances) for use in upcoming elections. [Audio link to show is posted below.]

But first up, before we get to our guest today and the astonishing election integrity nightmare against which he is working with a coaltion on the ground in Philly to try and save democracy there, a few quick news items to start the show. Those include the now-deadly, climate change-fueled heat wave bearing down on dozens of states and millions of Americans and the latest on the dangerously intensifying disputes in the Persian Gulf --- thanks to Trump pulling out of the landmark 2015 anti-nuclear deal.

Then, last May, Sen. Ron Wyden (D-OR) introduced a bill in the U.S. Senate that would mandate HAND-MARKED paper ballots for every voter in the country, to help hedge against the possibility --- some may say likelihood --- of manipulated or erroneous elections results, and to help assure that results are publicly verifiable after elections. His bill, the Protect America's Voting and Elections (or PAVE) Act of 2019 now languishes in the Senate, despite passage of a bill in the House that also mandates HAND-MARKED paper ballots for all, thanks to Republican Majority Leader Mitch McConnell's vow to disallow a vote on any election-related bills that might make our democracy more secure and overseeable in advance of the 2020 Presidential elections.

The White House has been similarly disinterested in improving election security and oversight, though Trump-appointed Director of National Intelligence, Dan Coats, the nation's "top spy" announced a new initiative today said to help the Intelligence Community coordinate their response to potential election manipulation, at least from foreign threats. Domestic threats, including from election insiders --- such as contractors from the private vendors who run much of America's elections, as well as simple programming errors or other manipulation by elections officials --- remain both as serious and much more difficult to guard against. Election protection ultimately comes down to public oversight, at the local level, of verified election results.

To that end, an Election Integrity coalition in Philadelphia this week has successfully petitioned the state of Pennsylvania to reexamine the Commonwealth's previous certification of a wildly dangerous and vulnerable new computer Ballot Marking Device (BMD) made by the nation's largest (and, arguably, most failed) private vendor, Election Systems and Software, Inc. (ES&S). The company's new ExpressVote XL is a 100% unverifiable touchscreen BMD system recently contracted for use by the Philadelphia Elections Board for use in upcoming elections, beginning with municipal elections this November and the Presidential contest next year.

We're joined today by KEVIN SKOGLUND, election integrity expert and Chief Technologist for the non-partisan Citizens for Better Elections, which, along with others in the Protect Our Vote Philly coalition petitioned the state for a re-examination of the ExpressVote XL. The costly voting and tabulation system --- one must be purchased for each voter voting at the same time in every precinct --- is described as a "universal" or "all-in-one" system, because one computer in the system is used to mark and print a voters ballot, and a second computer in the same system is then used to optically-scan and tabulate that ballot.

The system, chosen under a mysteriously truncated process by the Philadelphia Commissioners earlier this year --- "without any public or expert input" and with "no criteria for things like security, and resilience, and accessibility" as Skoglund tells me --- also violates state election code in numerous ways, as detailed in the citizen groups' petition to the state filed on Tuesday. Most alarmingly, however --- especially given the importance of Philly's one million votes to be cast in the crucial Keystone State during next year's Presidential election --- is a remarkable security design flaw in the ES&S ExpressVote XL.

In short (Skoglund offers more details on the show), the system allows the Ballot Marking Device's printer to change votes on the computer-printed ballot summary card before it is tallied but after the voter has already been given the opportunity to approve what was initially printed on the ballot summary card by the computer! In other words, of all of the terrible, 100% unverifiable BMD voting systems that Pennsylvania's Democratic stronghold of Philadelphia could have chosen, its City Commission chose the absolute most dangerous and unverifiable one.

"After this machine was certified in Pennsylvania, security researchers determined that there was a big flaw in these machines. That flaw is that they have a single paper path. It takes the blank piece of paper, it sends it to a printer, you make your selections on the screen, it prints those on the piece of paper, puts them back in front of the voter so that the voter can look at them and say whether or not they're happy with those selections. And once the voter says 'Yes, this is the ballot that I intend to cast, I am happy with these selections' and they press the button on the machine, it sends that card back through the same printer again before it goes to to the tabulator," Skoglund explains. "That means the machine has the opportunity to mark on that ballot --- potentially changing votes on it, invalidating votes on it, adding votes to it, basically changing what the voter cast." And, of course, the voter would never know.

While recent studies have found that most voters do not even bother to verify computer-marked paper ballots, and that of those who do, many do not notice if the computer has changed their selections, "The voter can do everything that's asked of them, do everything right, they can verify that ballot, and it still might not end up being the vote that gets cast. This is a violation of a fundamental principle of being able to audit these paper ballots. It's the whole reason we're going to paper ballots, to have good evidence of what the voter intended."

Skoglund explains, however, that it's not just Philadelphia preparing to use these systems in 2020. Other counties in PA are considering them as well, even though they are at least twice the price of a paper ballot system. Similarly states such as New Jersey and Delaware are moving to these same, horrible, unsecure systems. Elsewhere, jurisdictions from Georgia to Ohio to Kansas to Texas to Los Angeles are all preparing to move to only slightly less vulnerable (if equally unverifiable) BMD systems for 2020. That, instead of simpler, cheaper and actually verifiable HAND-MARKED paper ballot systems.

All of that is just part of what we discuss with Skoglund today that will likely leave your jaw hanging open as you wonder what the hell these people are thinking, and why it is that McConnell has disallowed Wyden's PAVE Act --- requiring HAND-MARKED paper ballots for all --- from becoming the law of the land long ago...

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Guest: In exclusive interview, cyber security expert Chris Vickery details his startling discovery of NC's exposed files before the 2018 elections...
By Brad Friedman on 6/10/2019 6:08pm PT  

On today's BradCast, we've got an exclusive interview with CHRIS VICKERY, Director of Cyber Risk Research at the cyber security firm UpGuard. Vickery revealed late last week on Twitter that he discovered files, including administrative master passwords for voting systems, at the North Carolina State Board of Elections website that were left vulnerable and available online for anyone to download, prior to the 2018 election. Today he explains the evidence that suggests these files may have been available as early as February of 2016, months before that year's controversial Presidential election. [Audio link to full show is posted at bottom of article.]

The files were found by Vickery unencrypted and with no password needed to retrieve them from the site. He tells me today that there were so many files and screenshots (see a redacted snippet from one of the password screenshots in the graphic above), that he's not even sure if they number in the hundreds or thousands.

The longtime cyber security researcher says he promptly notified state officials of the discovery last year, before the 2018 elections, and that the state, shortly thereafter, set the files in question and their directories to "private". In response to a commenter on his short Twitter thread revealing the potential security breech late last Friday, however, he notes that "someone would have had to actively choose to make the file repository available to the entire world. It is not unprotected by default."

He tells me today that he is "very concerned" about the exposure and would "like to know who the data was intended for. If you put it up somewhere, you're intending it to be accessed by somebody. So who did they aim this for? I would love to know that." Indeed, he also shared an email with me over the weekend that was posted in the same directory as the passwords screenshot, in which a State Board of Elections official notes: "The attached screen shots should show just about all of the settings you will need for contests and candidates" in the ES&S iVotronic Image Management program, part of the computer voting system which defines where candidates selected by voters are placed on the electronic ballots and optical-scan systems.

Vickery says he decided to go public with the disclosure following the Washington Post exclusive last week reporting that federal investigators at the Dept. of Homeland Security have finally agreed to work with NC on a forensic investigation of the state's voter registration computers which inexplicably failed during the 2016 Presidential Election, on Election Day, in parts of the state. That announcement via the Post comes on the heels of Robert Mueller's redacted report [PDF] (see Volume 2, page 50, "Intrusions Targeting the Administration of U.S. Elections"), in which the Special Counsel briefly details how Russian Military Intelligence operatives were able to penetrate the voter registration systems of "at least one" county in Florida. Just over a week ago, the new Republican Governor of Florida announced he was notified by the FBI that, in fact, two counties had, in fact, been penetrated via a spearphishing attack on VR Systems, the private vendor contracted to run those voter registration systems.

VR Systems also supplies similar systems in about half a dozen other U.S. states, one of them being North Carolina. But, as Vickery notes, the password files that he found exposed on the Internet last year were not for registration systems, but for the state's computer voting machines, scanners and tabulation systems made by private vendor ES&S (the nation's largest), as used across most of the state of North Carolina. And ALL of this comes after we have been trying to point out on The BradCast for the last two and a half years that nobody --- not the FBI, not DHS, not the states themselves, nor even Mueller's Special Counsel team, as he admits --- ever carried out a forensic investigation of the computer voting, registration or tabulation systems in use in any of the states in 2016, despite that election's surprise ending in which Donald Trump purportedly won by a razor thin margin.

In his first broadcast interview on these new revelations, Vickery explains how he discovered the files, how the state responded when he told them about the vulnerability last year, whether the DHS has contacted him since he revealed his findings on Friday, and how serious of a potential security breech this is, especially given the extraordinary effort that the U.S. Intelligence Community and the Mueller Report claim Russia expended in hopes of interfering in the 2016 Presidential election. "When you have computers, and software, and firmware updating passwords and modems all mixed in together, you have the capability to do a lot of crazy stuff," he says, in response to my question about whether these passwords could have been used to alter or upload false results. "It's not out of the realm of possibility, but I have no specific reason to believe that happened. But that is kind of a frightening concept to realize that all of the ingredients are there."

Disturbingly, Vickery's report is startlingly similar to one revealed last year by Kim Zetter at Politico in the state of Georgia, regarding a security researcher who found millions of voter registrations along with voting system administrative passwords online and vulnerable to download without a password, prior to the Peach State's 2016 elections.

Also today: The last many weeks of climate changed-fueled weather disasters move from the Central U.S. to the SouthEast, with a month's worth of rain falling in one day over this past weekend (yet the DNC still won't allow a 2020 Presidential candidate debate focused solely on climate change!); Donald Trump pretends that his backing off of a threat to tax Americans who purchase imported goods from Mexico is a great negotiation victory; And we take a few calls on our disturbing interview with Vickery, including from one listener who quips that NC "left the combination of the safe written on top of the door"...

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Guest: Steven Rosenfeld; Also: School kids strike for climate action around globe; Trumpers against unverifiable touchscreen voting...
By Brad Friedman on 3/15/2019 6:48pm PT  

On today's BradCast, we're sending up a warning flare, a red flag, hoping to raise your attention to the very troubling plans by Democrats to begin the use of online voting, in some form, along with their 2020 Presidential caucuses next year! [Audio link to show is posted at end of article.]

But first, It was a very dark day in New Zealand on Friday, as a white supremacist unleashed a terror attack on two Muslim mosques in Christchurch, killing at least 49 in the massacre, with dozens still in the hospital, many in critical condition. But it was a much brighter day elsewhere around the globe as inspiring "school strikes" took place in more than 100 cities, with children walking out of class to march in protest for action on climate change from the South Pacific to the edge of the arctic circle, from San Francisco to D.C., from Spain to Berlin, from Africa to Poland and beyond.

Hundreds of thousands of young protesters inspired by 16-year old Swedish activist Greta Thunberg --- who began her own solitary school strike last year and is now nominated for a Nobel Peace Prize --- took to the streets, demanding immediate action from politicians to help save all of our futures by curbing man-made fossil fuel emissions which, as scientists have warned for decades, are dangerously warming the global climate and speeding the planet toward catastrophic danger.

Then --- in hopes of replacing ineffective politicians and climate science deniers --- we move to U.S. elections, where even Rightwingers (at least some of them) in Georgia now understand the perils of touchscreen computer Ballot Marking Devices. The rightwing group FreedomWorks has joined the fight against BMDs in the Peach State, where vote-suppressing Republican Governor and former Sec. of State Brian Kemp has lobbied state legislators hard to replace the state's 17-year old, easily-hacked, oft-failed 100 percent unverifiable touchscreen voting system with all new unverifiable touchscreen BMD systems at a cost of at least $150 million.

The bill to enact this boondoggle, HR316, will see one more vote for approval in Georgia's House before it's sent to the Governor's desk. Today, we share some of the lobbying efforts against the measure by Lt. Col. Tony Shaffer who is, believe it or not, a cybersecurity expert and National Security Advisor for Trump 2020. He is calling for hand-marked paper ballots in Georgia and in other states --- such as Pennsylvania, Ohio, New Jersey, Delaware, Texas, Kansas and California --- where county election officials are handing millions to private voting system vendors for unverifiable, unnecessary systems that cybersecurity and voting system experts strongly warn against.

Finally --- speaking of unheeded warnings --- we are joined today by STEVEN ROSENFELD of the Independent Media Foundation's Voting Booth project, to sound the alarm about the Democratic National Committee's new requirement for caucus states to implement some form of remote voting during their 2020 nomination contests.

The new mandate is part of DNC reforms adopted last year, following the disastrous 2016 Presidential election when cyberattacks and the release of stolen emails undermined both Party leadership and Hillary Clinton's campaign. While last year's Party reforms urge states to move from caucus systems run by private state parties to primary elections managed instead by state and county election officials, the new requirement to allow access to caucuses for those who cannot attend in person has left state Democratic Parties looking toward various forms of online, telephonic and smartphone voting options to enact in conjunction with in-person caucusing.

Rosenfeld is currently one of the very few journalist reporting on the disturbing potential plans by Democrats in Iowa, Nevada and elsewhere to contract with private companies for some form of online caucus voting. "It's part of having the party be more inclusive and participatory," he tells me, cautioning "It's not clear how it's going to be done. This is all being developed right now." And, he warns, "vendors themselves will do this stuff for next to nothing to try to show proof of concept."

Of course, that proof of concept will be in a live, Presidential caucus election! He details just some of the many disastrous and chaotic past efforts at such schemes that "didn't go so well" --- colossal online voting failures by the Utah GOP in 2016 and 2018, stolen or corrupted online party elections in Canada, for example --- in hopes of warning about what could very well be a looming disaster waiting for Democrats in caucus states next year.

Rosenfeld says he's been speaking with Democratic officials "trying to let people know what they're headed into," and says, "I don't think they were aware --- the Democrats that I talked to on the DNC --- of these other examples" of failed elections using this new, largely untested technology.

But with already-complicated caucus systems, 20 or so candidates who could be on the ballot, and the most important election of our lives hanging in the balance, what could possibly go wrong with the addition of new, untested remote voting schemes added to the mix? Now might be a very good time to start paying attention to some of the disturbing answers to that troubling question...

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Guest: Prof. Richard DeMillo of Georgia Tech; Also: Trump 2020 budget slashes Medicare, Medicaid, increases defense, wall funding, deficit spending; Bernie Sanders' 1987 climate change warnings unearthed...
By Brad Friedman on 3/11/2019 6:43pm PT  

On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]

A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.

The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.

Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.

A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .

As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."

"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."

DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."

DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.

All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.

Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.

And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.

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Also: McConnell's Election Day holiday lie; Schumer's Trump 'intervention'; Much more...
By Brad Friedman on 1/31/2019 6:10pm PT  

On today's BradCast: Some encouraging news for democracy (at least in Georgia), some predictable lies from the Senate Majority leader, a gentle rebuke for Trump from both parties, and a call for intervention from the Senate Minority Leader, among other things.

Just some of the many stories covered on today's program...

  • Georgia Democrat and potential U.S. Senate candidate Stacey Abrams, who will be giving the Democratic response to the State of the Union Address on Tuesday, is set to run a television ad during Sunday's Super Bowl in Atlanta with a north Georgia Republican County Commissioner calling for HAND-MARKED paper ballots in the state!

    The ad is sponsored by Abrams' non-partisan voting rights organization Fair Fight, formed after Abrams is said to have very narrowly lost her contest to become the nation's first African-American female governor last November to Republican Secretary of State and champion vote suppressor Brian Kemp. Both he and his GOP successor are now calling for the state's 100% unverifiable touchscreen voting systems to be replaced with new, very expensive and also 100% unverifiable touchscreen systems that produce computer-marked, human-unreadable barcoded ballot summary cards, rather than hand-marked paper ballots which computer science and voting systems experts all agree [PDF] to be the most secure, auditable and overseeable way to carry out elections;
  • In the U.S. Senate, Republican Majority Leader Mitch McConnell offered a huge lie about the Democrats' "For the People Act" (HR-1), recently introduced in the U.S. House to call for a series of major election reforms. Among the many provisions in the measure --- such as universal automatic voter registration, expanded early voting, ending partisan gerrymandering and yes, ensuring a HAND-MARKED paper ballot for every voter --- it also seeks to declare Election Day as a federal holiday. Naturally, McConnell lied about what the bill calls for on that point, and absurdly describes the measure as a "Democrat power-grab". We respond;
  • Also in the U.S. Senate, Democratic Minority Leader Chuck Schumer sent a letter to Trump's Director of National Intelligence Dan Coats calling for him and the other Administration Intelligence Chiefs to "stage an intervention" with the Commander-in-Chief, after Donald Trump described his own top intel officials on Wednesday as "wrong", "naive" and needing to "go back to school!" on a host of foreign policy issues. Trump's remarks came in response to the Intelligence Community's new annual "Worldwide Threat Assessment" PDF. The report, and Senate testimony from the chiefs about it on Tuesday, argues that Trump is essentially wrong on everything from North Korea, to Iran, to ISIS to Syria and Afghanistan, and on his claims about an imagined "national emergency" at the U.S. -Mexico board.
  • But if Schumer really wants to "stage an intervention" with this President, his Democrats in the Senate and House could be calling for an immediate Impeachment inquiry. As detailed by Ernest Canning at BradBlog.com this week, the Nixon impeachment process reveals that it is both unnecessary and, arguably, unwise for Dems to wait for a report from the Special Counsel investigation before exercising their Constitutional duty;
  • Also today, Republicans and about half of Senate Democrats passed an amendment that (gently) rebukes the President by calling for U.S. troops to remain in both Syria and Afghanistan, in contrast to Trump's recent military directives;
  • An upside to the recent federal government shutdown? A beach in Northern California that had been closed will remain closed, because elephant seals have taken it over;
  • And, finally, Desi Doyen joins us for the latest Green News Report, with updates on the record bone-chilling --- and deadly --- Polar Vortex cold snap in the Midwest and Northeast, evidence that Trump's intervention in Venezuela is, of course, all about oil, and some good news out of Germany which is now on its way to quitting coal entirely...

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Guest: Election expert Marilyn Marks on GA 2018 Lt. Gov. election contest as state moves to unverifiable barcoded ballots; Also: FL 2020 GOP power-grab update; IA Repubs vote to NOT count absentee ballots...
By Brad Friedman on 1/29/2019 6:50pm PT  

No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Crippling winter weather, Trump shutdown and probe news, CA's PG&E to file for bankruptcy protection, L.A. teachers on strike...
By Brad Friedman on 1/14/2019 6:52pm PT  

On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

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The fight to count every vote in FL and GA gets messier still, as Dems pick up yet another U.S. House seat; Also: Ernest A. Canning on CNN's lawsuit against the Trump White House...
By Brad Friedman on 11/14/2018 6:32pm PT  

On today's BradCast: The electoral dysfunction --- and the fight to count every vote anyway --- continues today in Florida and Georgia, along with some new good news for Democrats elsewhere. At the same time, of course, the dysfunction of Donald Trump's White House never ends. [Audio link to full show is posted below.]

After a quick update today on several thousand newly tabulated votes in Georgia (most of which were for Democrat Stacey Abrams in her uphill battle for Governor against Republican vote suppressor Brian Kemp), we start today with news that another U.S. House seat has flipped from "red" to "blue" in California. As the counting continues in the Golden State, the AP and others declared first-time Democratic candidate Josh Harder the winner over four-term Republican U.S. Rep Jeff Denham in the previously GOP-leaning Central Valley.

That brings Dems to a 33-seat pickup, so far, in U.S. House contests this year. A number of other races in previously very Republican areas of California, such as Orange County, have already been declared as flipped to Democrats, with several others still undecided but trending towards Democrats. Those remaining undecided House races and a few in other states could ultimately result in a massive "Blue Wave" as large as 39 new seats in Congress, by my count, as votes from the November 6th midterms continue to be tallied.

In Florida, however, as the state's 67 counties scramble to complete an unprecedented three statewide computer "recounts" in the U.S. Senate, Governor and Agriculture Commissioner races (not to mention several other state legislative and local races) by this Thursday at 3pm, dozens of lawsuits are being filed in state and federal courts.

We cover some of the most notable today, including incumbent Sen. Bill Nelson's suit to extend the arbitrary "recount" deadline set for Thursday. At least one county, Democratic-leaning Palm Beach, has already said that it will be physically impossible to complete all of the machine rescans there in time, thanks to their aging computer tabulation system which can only scan one single race on 300 ballots at a time. Making matters still worse in the state's third most-populous county, those scanners reportedly overheated this week, leading to mismatched tabulations for the first batch of 174,000 ballots scanned (of some 700,000 total). That means that batch will need to be re-rescanned.

And all of that before a similarly absurd statutory Sunday deadline to complete any subsequent so-called "manual recounts" in races such as Nelson's U.S. Senate contest against Republican Gov. Rick Scott, where the margin is less than 0.25 percent. (It's currently reported to be just 0.13%, or 12,562 votes out of more than 8 million cast.)

Nelson has asked a federal court to extend the deadlines in all 67 Florida counties and, in separate filings, seeks to force a review of tens of thousands of absentee vote-by-mail ballots rejected across the state due to claims of signature mismatches and other unspecified "voter-caused error". Scott's hand-picked Sec. of State Ken Detzner is opposing those suits, and Scott has filed several of his own to try and halt the ongoing tabulation.

But not all Republicans oppose extending the deadlines and counting of all ballots, as we also note today, even as most of them, including the President of the United States, are calling for "recounts" to end and incomplete tallies reported from last weekend --- just days after the Tuesday midterms --- to be certified instead. (Friendly reminder here that Republicans held up a statewide hand-count in the 2008 U.S. Senate race in Minnesota for eight months in order to keep Al Franken from being seated in the Senate until July of 2009!)

Then, we're joined by BradBlog.com legal analyst ERNEST A. CANNING for the latest on the lawsuit filed by CNN this week (and supported by Fox "News" of all outlets!) against the White House for their removal of press credentials for White House Correspondent Jim Acosta. Not only is the White House in violation of the Constitution's First and Fifth Amendments, the complaint alleges, but the White House and Secret Service also reportedly blocked Acosta from a planned interview with French President Emmanuel Macron last weekend at an event marking the centennial of the WWI Armistice. That, even though the interview was approved by France...and Trump failed to even show up at the event!...

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Guest: 28-year Leon County, FL Elections Supervisor Ion Sancho; Also: Deadly CA wildfires; Dems unseat Rohrabacher in CA; Sinema to take U.S. Senate race in AZ; Legal battle grows in GA Guv race...
By Brad Friedman on 11/12/2018 6:39pm PT  

The Florida election official so well-respected by Republicans and Democrats alike in 2000 that he was tapped to oversee that year's historic Presidential "recount" between George W. Bush and Al Gore in Florida (until it was stopped by the U.S. Supreme Court), tells us today that it is likely impossible for the state to complete three statewide recounts --- for U.S. Senate, Governor and Agriculture Commissioner --- in time to meet the state's ridiculously arbitrary statutory deadlines. Run by Republicans for decades, the state "puts a premium on speed", rather than accuracy, ION SANCHO, the 28-year former Leon County (Tallahassee) Supervisor of Elections tells me on today's BradCast. "This is, by no means, a system geared toward finding the truth." [Audio link to show follow below.]

Sancho explains how it is currently unlawful to add any vote to the totals as based on a hand examination of ballots by human beings, as he details the process now officially under way in the Sunshine State for a machine "recount" in the gubernatorial race between Democrat Andrew Gillum and Republican Ron DeSantis (who, the computers report, leads by about 0.41%) and a supposed "manual" count in the U.S. Senate contest between incumbent Democratic Sen. Bill Nelson and term-limited FL Gov. Rick Scott (which Scott is said to be leading by 0.15%, or less than 15,000 votes out of more than 8 million cast.) Sancho details how even in a "manual" count in FL, ballots are first fed through tabulation computers and only ballots determined by the computers to be over- or undervotes are then re-examined. But, even those ballots are, yes, "remade" by officials onto a fresh ballot paper so that it can can then be run through a computer tabulator.

Given the limitations on the so-called high-speed tabulation systems made by companies like ES&S, still used across the state --- which only accept "300 ballots at a time" --- the scanners used in counties like heavily Democratic-leaning Palm Beach "cannot physically do this job" before statutory deadlines run out. All ballots must be "recounted" by Thursday (even though overseas and military votes aren't due until this coming Saturday!) It's a system, Sancho describes, that was put in place before the very popular no-excuse absentee Vote-by-Mail system was allowed in Florida, along with provisional voting and other election practices that require time-consuming ballot-by-ballot evaluation to determine whether it's eligible for tabulation in the first place.

As noted on today's program, Florida will have "counted" and "recounted" its ballots (correctly or incorrectly, we will never know) less than a week and a half after last week's midterms, several weeks before California even announces completion of its initial count in early December.

All of this, as Scott and even the President of the United States are falsely charging election fraud is ongoing in the state's two largest counties (Broward and Palm Beach), despite a complete lack of evidence to support any such claims. Scott's own Secretary of State and Florida Dept. of Law Enforcement --- who Scott oversees and who both have authority to oversee elections and election crimes in all 67 Florida counties --- concede they have no evidence to support the GOP claims. Sancho also responds to the "laughable" charges of "fraud" being made by Scott and the "truth-free statement" tweeted by Trump on Monday morning, which falsely claims that "ballots showed up out of nowhere, and many ballots are missing or forged" in Florida.

A couple of points worth underscoring here, as the Republicans have been busy dusting off their 2000 playbook to lie about "fraud" occurring in Palm Beach and particularly in Broward, in hopes of shutting down the tabulation of legitimate ballots altogether, once again, in Florida: 1) Brenda Snipes, the Supervisor of Elections in Democratic-leaning Broward County, which has had a number of election failures over the years, was appointed by Republican Gov. Jeb Bush in 2003; 2) Current Republican Gov. Rick Scott appointed his hand-picked Sec. of State Ken Detzner, who has tasked officials from his own office to oversee Broward's election office this year; 3) Nobody from Detzner's office or Florida Law Enforcement has seen or alleged any criminal wrong doing in the county. None of that, however, has prevented GOPers from claiming otherwise.

"Everybody's vote needs to be given the same weight," Sancho, a longtime election integrity champion who has taken on both the state and the voting machine companies argues during today's conversation. "It shouldn't depend upon whether you're in a competent or incompetent jurisdiction. Your vote should count if you cast them properly and you've made no errors."

Also today: Desi Doyen on California's horrific, deadly wildfires which have, to date, killed 31 across the state with hundreds more still unaccounted for; Georgia's Democratic gubernatorial candidate Stacey Abrams, in a still too-close-to-call race against GOP Sec. of State and notorious vote-suppressor Brian Kemp filed a new lawsuit over discarded absentee and provisional ballots on Sunday; Democrat Kyrsten Sinema appears to have defeated Republican Martha McSally to win the the U.S. Senate being vacated by Republican Sen. Jeff Flake in Arizona; And 15-term Orange County, CA Republican Rep. Dana Rohrabacher has reportedly been unseated by Harley Rouda in one of the state's most GOP districts. That would bring the net pickup for Democrats in the U.S. House to 32, with results for more than ten seats in CA and elsewhere still said to be too close to call...

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