We all woke up to atrocities on Sunday. In Ukraine and in Sacramento, California. Russian war crimes in Europe and another mass shooting in the U.S. On today's BradCast, we detail the atrocities in both places before turning to the fight for the only thing that still has a chance of stopping them: democracy. But we can't have democracy without voting systems the public can oversee, and that remains a huge problem, even in our own home county of Los Angeles. [Audio link to full show is posted below this summary.]

First up, some of the newly revealed, gruesome details and evidence of war crimes allegedly committed by fleeing Russian troops against Ukrainian civilians in newly liberated towns, villages and suburbs outside of Kyiv. Despite being witnessed by independent journalists and catalogued by outside watchdogs like Human Rights Watch, which describes some of the crimes as "unspeakable, deliberate cruelty and violence against Ukrainian citizens," including "rape, murder, and other violent acts," the Russian Government contends the charges are "fake" and little more than "stage-managed anti-Russian provocation." In response on Monday, President Biden reiterated his belief that Vladimir Putin is a "war criminal."

The gruesome body count in the U.S. also continued to mount over the weekend, as another mass shooting, this time in downtown Sacramento, left six dead and more than a dozen injured after "at least fifty rounds" were "fired right into the crowd" with high-powered weaponry during bustling Saturday night revelry, according to an eyewitness. That, just one day after Georgia's legislature passed a new law allowing concealed weapons to be carried pretty much anywhere without the need for a license. They are the 23rd state to do so. Our gun violence epidemic is getting worse, not better, as Republicans refuse to allow any action that might lessen America's shamefully continuing scourge.

But tyranny is not going to defeat itself. Not in Ukraine. Not in the U.S. To that end, we remain vigilant in our efforts to help the public try and oversee this year's critical mid-term elections. Unfortunately, problems with our un-overseeable and unverifiable voting systems continue into yet another election year in so-called "red" and "blue" states alike. While the GOP is actively undermining democracy with new voter suppression laws in "red" states, vulnerable electronic voting and tabulation systems remain a huge problem across the nation.

Back in 2020, Los Angeles County deployed a new, unverifiable touchscreen voting system called "Voting Solutions for All People" (or, VSAP) across the nation's most populous voting jurisdiction. Some ten years in development by the County's Registrar-Recorder/County Clerk Dean Logan, the new touchscreen Ballot Marking Devices (BMDs) failed spectacularly in that year's Super Tuesday Presidential Primary, leading to long lines and questions about the results. The VSAP system had been conditionally certified by the Secretary of State just weeks before their first county-wide use, after state testing discovered about 30 different violations of California Voting System Standards.

The County was required to correct the violations detailed in the Conditional Certification in the months following the election, though they failed to do so in many cases --- for years. Now, the County is seeking state certification of VSAP v3.0 but, according to our guests today, has still failed to correct a number of critical security issues that failed more than two years ago.

We're joined today to discuss these concerns in advance of California's June 7th mid-term primary elections by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit Free Speech for People and by IAN PATTON of the Long Beach Reform Coalition (he is also now running for the Long Beach City Council). Both recently wrote a letter [PDF] to California Sec. of State Dr. Shirley Weber, detailing uncorrected security issues in the VSAP system and urging her to force L.A. County to fix them before issuing certification to the newly updated voting and counting system yet again.

We invited L.A. County's Registrar Dean Logan --- the VSAP system is his brainchild --- to join us as well, after his office recently described Greenhalgh's public testimony on her concerns about certification for VSAP 3.0 as "mis- and disinformation". In declining to join us today, Logan once again accused Greenhalgh and Patton of "mis-stating facts" and took a swipe at the election integrity advocates by smearing them as if they were part of Donald Trump's mob of conspiracists offering evidence-free claims of fraud since his loss in 2020. Logan charged the documented concerns detailed in Greenhalgh and Patton's memo to the Secretary "contributes to further the false narrative about elections integrity and transparency that is pervading the country."

For her part, Greenhalgh has been an expert in elections security, integrity and transparency for decades. Patton had represented the Long Beach Reform Coalition in a lawsuit against the VSAP systems long before Trump's 2020 sore loser act, when a ballot initiative in Long Beach failed by just 16 votes. After the Coalition raised tens of thousands of dollars to pay for a recount of that initiative, they were informed by Logan that the price would, in fact, be hundreds of thousands of dollars instead-- to count just a few thousand votes. The reason, as we reported at the time, is that the new VSAP system is deployed at Voting Centers across the County, which have replaced community precincts. That means that Long Beach voters may vote at any Voting Center in the County, where more than 4 million cast ballots in 2020. Logan attempted to charge the Coalition for the hours and hours it would have taken the county to cull through some 4 million ballots (computer-marked by VSAP and hand-marked by mail voters) in order to find the ones cast by Long Beach voters at any of the hundreds of Voting Centers in the County. Of course, this is just another problem with the Voting Center model, particularly in large counties like L.A. The ballot initiative that is said to have passed by 16 votes never did receive a hand recount to make sure the results were accurate.

Greenhalgh details the security vulnerabilities that remain in the VSAP system, despite state requirements that they be corrected by last year. She was also surprised to hear that Logan claimed in his email to us that "the VSAP 3.0 upgrade is over and it has been approved by the Secretary of State."

"I'm disappointed that the Secretary is not taking further action to enforce these requirements, to really require LA County to meet them," she tells us. "Also it hasn't been updated on the website, that it's already been approved. That's not public information yet." We'll just take Logan's word for it, I guess.

For his part, Patton explains the aborted recount effort in Long Beach ("I'm not a conspiracy theorist in any way," he notes. "We have never alleged a rigged election. We were just talking about the facts. The facts are this was an extremely close election, and we were just not allowed to have a hand count."); the fact that L.A.'s $300 million voting system was promised to be the nation's first open source system (but has yet to disclose any of its source code); and whether he feels confident that his election for City Council this year will be accurately tallied under the still-unverifiable and virtually unrecountable new systems.

"We can speak very factually and say that vulnerabilities don't equate to a stolen election," Greenhalgh asserts, before describing Logan's smears as "extremely disheartening." She described the comments as "a new low to hear somebody try to smear and tar real serious questions, real serious issues that need to be addressed. We still have serious security issues in our election systems that need to be fixed. We all need to pull together to fix them. And if we are having election officials refuse to address those problems by dismissing them improperly as mis- and dis-information, there's two problems with that: We're not going to actually fix the problems, but also we have a crisis of confidence in our election system right now. And when somebody in a position of power says something that is pretty easily proven to be false....they're not going to have a lot of confidence in his ability to run an election. And we can't afford that. He needs to be honest."

Logan never did cite any specific claims from Greenhalgh and Patton's concerns that he believed to be misinformation, despite my repeated query. He has a standing invitation to join us on the show any time to do so. Hiding behind false claims by rightwingers of "stolen elections" is unbecoming of a public official, particularly when the very specific concerns in question are legitimate and publicly well-documented.

There is much more discussed about all of this on today's show, and the concerns about similarly unverifiable touchscreen Ballot Marking Devices now in use across the country, along with the similarly problematic Voting Center model replacing community precincts in other counties and states.

California's primary this year is on June 7th. Cross your fingers that things work out. Good luck even being able to figure out afterward is they did or didn't...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Looks like we made it! Joseph Robinette Biden, Jr. was sworn in as the nation's 46th President on Wednesday. Kamala Harris was sworn in as the first female, black and South Asian Vice President. And the nation's worst President and greatest sore-loser ever became a former President at the same time, fleeing D.C. like the coward he is just after dawn. All of which we cover in today's BradCast Inauguration Special. [Audio link to show is posted below summary.]

On his way out the door, Donald Trump unleashed a load of pardons and commutations for his corrupt allies and wealthy friends, abusing the Presidential pardon power in an unprecedented, but hardly surprising, way. We detail just some of the 144 grants of clemency he issued just after midnight, including for Steven Bannon, his former campaign manager and fired White House senior political strategist (who was indicted for defrauding millions of dollars from Trump supporters for a project to build a wall on the U.S. southern border); Elliot Broidy, former RNC fundraiser and Trump Inaugural Treasurer who pleaded guilty to selling his services to lobby Trump on behalf of a foreign billionaire; Paul Erickson, GOP operative and boyfriend of alleged Russian spy Maria Butina; a last second pardon for Albert Pirro, the real-estate developer, GOP fundraiser and convicted felon husband of Fox "News" host and Trump suck-up Jeanine Pirro; and more than 100 others like them. The raft of 11th hour pardons led one good government advocate to wryly charge that "Amazingly, in his final 24 hours in office, Donald Trump found one more way to fail to live up to the ethical standard of Richard Nixon."

Much to our surprise, however, Trump did not pardon his lawyer Rudy Giuliani, any of his children or himself! We would have bet good money he'd have pardoned some or all of them. (Especially himself!) But he apparently didn't.

As if his list of pardoned fraudsters, liars and other assorted and unrepentant criminals wasn't wasn't slimy and sleazy and swampy enough for ya, Trump also issued one last. middle of the night Executive Order to rescind his own 2017 EO that barred Executive Branch officials from lobbying their own agency for five years after leaving office, in addition to a lifetime ban on lobbying for any foreign government. In reversing his much vaunted ethics rule from his first year in office, he made clear yet again that he was only ever pretending for his base of dupes and suckers that he wanted to "drain the swamp" in D.C.

In much less sleazy news, on Day One of the Biden Administration, the new President signed an unprecedented raft of Executive Orders at the White House after his Inauguration, meant to begin to undo some of the most egregious excesses and corruption of the previous Administration. The orders focus generally on four concurrent crises Biden has vowed to immediately begin tackling, including COVID-19, the economy, racial injustice and climate change. Among the EOs planned to be signed on Wednesday, according to AXIOS:

But after Trump mercifully fled town early on Wednesday, a remarkably moving and socially distanced Inauguration Ceremony was held at the U.S. Capitol, under extraordinary security precautions following the massive MAGA Mob of violent, rioting insurrectionists who attempted, to little avail, to block Biden's decisive 2020 victory from being formally affirmed by Congress just two weeks ago today.

We share some key moments from today's ceremony, including Biden's full, crisp, and tremendously on-point Inaugural Address. The new President, among other things, declared that "Democracy has prevailed" and vowed to be a "President for all Americans" while calling for "unity". He pointedly noted: "We must end this uncivil war" and went on to observe that "Recent weeks and months have taught us a painful lesson. There is truth and there are lies, lies told for power and for profit. And each of us has a duty and responsibility, as citizens, as Americans, and especially as leaders who have pledged to honor our Constitution and protect our nation, to defend the truth and defeat the lies."

Finally, we close with a few thoughts on this wonderful, historic and long overdue day from both Desi and myself, at the end of four (actually five) hellishly long, painful, destructive, difficult and deadly years as the "American Carnage" of the Trump Era hopefully begins to fade as a new day begins...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Well, the good news on today's BradCast, is that he won't be California's Secretary of State anymore. [Audio link to show follows below summary.]

Gov. Gavin Newsom has announced he is appointing his long time friend, CA Sec. of State Alex Padilla, to fill the seat being vacated in the U.S. Senate by Vice President-elect Kamala Harris. The ambitious Padilla has risen up through the ranks of CA politics, from the Los Angeles City Council to the State Senate to becoming a twice-elected SoS, and now to his appointment to the U.S. Senate. He will serve out the rest of Harris' term through 2022 as the state's first Latino Senator.

In his official announcement today, the Governor detailed a long list of accomplishments by Padilla during his career in the Golden State. In turn, we share a number of Padilla's disturbing failures both before and during his tenure as SoS, as we have covered at The BRAD BLOG over the years. In 2013, for example, while he was still a state Senator, we highlighted Padilla's dishonest and misleading campaign for a major election reform bill (SB 360) which ended the long-standing requirement for federal testing and approval of new voting systems in the state and transferred sole power for certification testing and approval of new systems to the SoS. As it happens, Padilla was the leading candidate for the office at the time and eventually became SoS in 2014.

In selling the measure to the public and the media --- it was eventually passed along partisan lines in the CA legislature and signed by then-Governor Jerry Brown --- Padilla claimed the bill was needed to allow counties in the state to create and own their own voting systems. "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," he told the public. The remarks echoed his early announcement of the bill [PDF] in which he deceptively explained that "A public voting system will be more transparent, instill public trust and be more accountable than our current systems."

At the time, Los Angeles County had been developing a new, 100% unverifiable touchscreen voting system. It was finally implemented (disastrously) for the first time this year. What Padilla failed to make clear in his deceptive sale of SB 360 was that L.A. County had already owned its current voting system at the time, and didn't need the radical new measure to do so. While Padilla's office had initially asked for our input on SB 360, they stopped communicating with us entirely once we asked about his dishonest sales pitches.

Moreover, after 10 years in development, when L.A.'s new, $300+ million voting system was found to be in violation of more than 40 California Voting System Standards late last year, Padilla certified it for use anyway, rather than simply mandating verifiable hand-marked paper ballots for every voter in the nation's most-populous County. The first roll-out of L.A.'s Padilla-approved "Voting Solutions for all People" (VSAP) system was a disaster during this year's March 3rd Super Tuesday primaries. Problems cited by testers (but ignored by Padilla) contributed to long lines for voters that stretched, in some cases, until after midnight. The same failed systems were again re-certified for use in the general election, though they fared better overall with much less use after the Governor mandated absentee ballots to be sent to all registered voters in the state during the pandemic.

Those are just some of the concerns that Election Integrity advocates in the state have had about Padilla. But the good news is that he'll likely be a reliable Democratic place-holder vote in the U.S. Senate while, perhaps, a more competent Sec. of State can be named to replace him in the Golden State. We'll see.

Also today, Rita Hart, Iowa's Democratic former state Senator and 2020 U.S. House candidate in the state's 2nd Congressional District, filed an election challenge in the House under the Federal Contested Elections Act. Iowa certified Hart's Republican opponent, Mariannette Miller-Meeks, as the winner of the open seat by just 6 votes out of nearly 400,000 cast in the November election. Hart's contest, however, notes that at least 22 legally cast votes for her were wrongly excluded from the final tally, including many which state election officials agree were lawfully cast but excluded from the count because they were discovered after the initial canvass. State law bars the inclusion of such ballots in the final tallies. She also argues that the state recount which narrowed the margin from 47 votes to 6 --- and included a number of major counting errors along the way --- was unconstitutionally conducted, as the 24 counties of the District used disparate counting methods. Some used machines, others hand-counted, others used a combination of both. She is seeking a full, uniform hand-count by the Government Accountability Office and hopes to eventually be seated by the Democratic-majority U.S. House Administration Committee under the Act. The investigation is likely to take months.

In other elections-related news today, rightwing propaganda outlet Newsmax joined fellow rightwing propaganda outlet Fox "News" on Monday by attempting to walk back their false assertions regarding the private elections vendors Smartmatic and Dominion Voting Systems. The two competing vendors have been targeted with baseless, evidence-free claims by Team Trump attorneys and others from the MAGA Mob --- which have been shared and parroted by both outlets, as well as One America News (OAN). Last week, Smartmatic sent a legal threat, demanding retraction for the outlets' claims that Smartmatic was involved with Dominion in a worldwide conspiracy --- with Venezuela and its dead President Hugo Chavez, China, Cuba, the Clinton Foundation and George Soros, among others --- to flip the results of the election and steal it from Donald Trump in several swing-states. As we explained recently, the baseless allegations are taken, in part, from my own accurate investigative exclusives about the ownership of Dominion and Smartmatic from more than a decade ago.

In response to the possibility of facing a defamation lawsuit, over the weekend Fox "News" ran a bizarre, three-minute segment on shows hosted by rightwing conspiracists Lou Dobbs, Janine Pirro and Maria Bartiromo, featuring a disembodied voice asking questions of Eddie Perez of the Open Source Election Technology foundation. Perez, who has recently been a guest on our show, is seen denying largely all of the claims that the wingnut outlets have been making to advance Trump's false claims that he won the election.

On Monday, Newsmax joined Fox by running its own version of an attempted retraction, to "clarify" that, in fact, they have absolutely no evidence to support myriad claims the stations has aired regarding Smartmatic and Dominion during the weeks since Election Day. The "clarification" will supposedly run across all Newsmax shows, according to its CEO and longtime Trump supporter, Chris Ruddy. Given that Smartmatic has hired one of the nation's top defamation attorneys --- who won a case for $177 million in 2017 --- its little wonder that both outlets are now running very scared. We'll see if OAN buckles soon as well, in the face of someone attempting to hold them accountable for countless lies meant to undermine our democratic system in support of Trump's attempt to steal the election from Joe Biden and the American people.

Finally, Desi Doyen joins us for our last Green News Report of 2020! As Biden-Harris round out their historic climate team nominations; long-overdue climate legislation is included along with Congress' long-overdue COVID emergency relief package; and as the Trump Administration triumphantly ends the tyranny of efficient showerheads....

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: We make short work (for now) of several breaking news stories from over the weekend and into today. Then its straight on to our main story today, which you will hear nowhere else in the media. [Audio link to today's full show is posted below summary.]

In January, we broke the news here on The BRAD BLOG and The BradCast that Los Angeles County's brand-new, unverifiable, $300 million, 10-years-in-development touchscreen polling place voting system had failed to meet more than 40 different California Voting System Standards, according to independent certification testers hired by CA's Secretary of State Alex Padilla. Despite critical security issues that alarmed voting system and cybersecurity experts, the machines were nonetheless "conditionally certified" by Padilla just prior to the March 3rd Super Tuesday primary in the state. The new machines (known as Ballot Marking Devices or BMDs) and the electronic pollbooks that are required to work with them, both failed spectacularly. Voters were disenfranchised by the "Voting Solutions for All People" or VSAP system, as many across the nation's most populous voting jurisdiction were either turned away or forced to wait for hours in line to vote.

It was well after midnight before all of those still in line finally cast their votes on Super Tuesday. It was, of course, impossible to know if any of those votes were tallied as per any voter's intent, because BMD systems print out a computer-marked paper ballot which may or may not reflect the actual intent of any voter. It's impossible to know if results are accurate in any election that uses BMDs for the majority of voters. Recent studies [PDF] find that more than 90% of voters do not notice when a BMD has misprinted one or more of their votes on the paper printout.

After the March 3rd disaster in L.A. (which we had warned about long in advance, to little interest from media or public officials, even from the L.A. County Supervisors, much less Sec. Padilla) the system's brainchild, Registrar-Recorder/County Clerk Dean Logan, was allowed a mulligan. He promised to fix what didn't work before the November election and told us all to simply trust him. Next time would be better. Many in the media then lost whatever interest they had as it was just weeks after Super Tuesday that COVID pandemic struck hard.

Well, now Padilla has recently posted the new certification testing results from Logan's mulligan, VSAP 2.1. The results do not inspire confidence, as many of the same problems with the system originally --- such as paper jams and misprinted QR Codes {PDF] --- still exist, according to testers. Now Padilla must decide in the next two weeks whether or not to certify them again. In truth, he has little choice as Early Voting is now just weeks away. While the state's decision to send every active voter a Vote-by-Mail ballot may help to ease many of the potential log jams at the county's new Voting Centers, ballots cast on the new systems --- as opposed to verifiable hand-marked paper absentee ballots --- are still vulnerable to manipulation and can never been known to reflect voter intent after the polls close.

However, there are some things that Padilla could require to be done to mitigate some of the worst dangers of the system if it is to be used for this year's critical November election. Several dozen election integrity and activist groups, along with a number of esteemed cybersecurity and voting systems experts, recently signed on to an excellent public letter led by the California Clean Money Campaign, demanding Padilla implement a number of the mitigations before certifying the updated voting systems.

We're joined today by LULU FRIESDAT, co-founder of SmartElections.us and ROBIN GIBSON, longtime Los Angeles Election Integrity advocate, to discuss those potential mitigations and the one-and-only public comments hearing held today online before Padilla's pending decision to certify. They report that Padilla did not bother to attend, though Logan, apparently, came by near the end of the session to claim that everything is now working fine. "Our registrar got on the call and dismissed two hours of worried voters, and said he had tests that said it was fine," Gibson explained. "It was like 'I win, nah, nah, nah.'"

As Friesdat and Gibson explain, the citizen advocates and experts are asking in their letter for the ballot boxes attached to each touchscreen tablet system to be removed, so that the computer-printed ballots don't have to pass back through the same printer heads after they've been (theoretically) verified by each voter. Experts warn [PDF] that sending the ballot back through the same printer path after verification is a major security risk, allowing the system to change voters votes, without their knowledge, after they have supposedly already approved their printed ballot. Instead, the group is urging that the attached ballot boxes be removed, and that ballots be deposited manually by voters into a separate ballot box at the polling place, for tabulation later.

The group is also asking Padilla to do away with the unverifiable QR Codes that are printed on each ballot. It is that code --- which can't be verified as accurate by any voter --- that is actually read by the optical-scan computer tabulators to tallly each ballot, rather than the human-readable text print out that voters may or may not have verified! "It is not secure to have the vote encoded in a QR code," Friesdat joins cybsersecurity experts in warning.

Moreover, the groups are calling for real, hand-marked paper ballots to be made available to any and all voters at Voting Centers for voters smart enough to want to cast a verifiable vote. "This is basic," Friesdat insists. "Hand-marked paper ballots are the gold standard that security experts recommend. It's not hard to provide them, and voters should be encouraged to use hand-marked paper ballots if they're able to mark by hand."

They also uge Padilla and Logan to finally release the source code to this supposedly County-owned and developed system. The money appropriated by tax-payers was done on the basis, advanced by both Padilla and Logan, that it would be a fully "open source" system, 100% publicly owned. All of that is also important because elections officials in other states and counties across the country have expressed interest in adopting this exact system if it ever actually works in L.A.

Friesdat and Gibson detail many of their own concerns, as well as others who offered public comment today before we open up the phone lines to listener questions about this terrible new system, just 64 days before Election Day and mere weeks before early voting is set to begin in Los Angeles County...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

This will not be easy. It never is. But, this year, we are facing obstacles to voting that we have never seen before. Not only from the unprecedented COVID-19 crisis, which is already difficult enough, but from those who hope to exploit the pandemic along with their access to the levers of power to make voting --- by some --- as difficult as possible. It is now up to all of us to overcome those obstacles.

President Trump is, by no means, the first right-wing Republican to recognize that he can't win if voters turn out in large numbers.

"I don't want everybody to vote," Paul Weyrich, the GOP's notorious godfather of right-wing voter suppression infamously quipped during a 1980 address to a group of evangelical Christian ministers. "In fact, our leverage in the elections goes up as the voting populace goes down," he added, after denigrating those who seek "good government" through maximum, informed voter participation, as people who suffer from "goo goo syndrome".

(The soaring pandemic death toll and an unprecedented 32.9% annualized second quarterly plunge in the GDP, serve as testament to what happens when We the People allow those opposed to "good government" to be placed in charge of our political economy.)

Trump's repeated attempts to suppress voter turnout are by no means novel --- as amply demonstrated during our two-part coverage (here and here) of the 2011 U.S. Senate hearings concerning a spike in GOP-engineered, state voter suppression laws. During those hearings nearly a decade ago, civil rights litigator Judith Browne Dianis described that spike as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

What makes our current circumstance both novel and extraordinarily dangerous is that an authoritarian-wannabe Donald Trump is the first Republican President who has been positioned to weaponize a pandemic by forcing voters to choose between exercising their fundamental right to vote and the risk of contracting a deadly virus. Instead of simply relying upon state voter suppression laws, Trump has aspired to engage in wholesale suppression on a national scale. Operating through a major GOP/Trump donor-turned-Postmaster General Louis DeJoy, Trump seeks to actively sabotage the social distancing protection that Vote-by-Mail (VBM) affords by creating delays in U.S. Postal Service (USPS) deliveries.

Last Friday, during a must-listen-to segment of The BradCast, Mark Dimondstein, President of the American Postal Workers Union (APWU), confirmed that mail slow-downs were "happening across the country" at a time in which the USPS was already in "crisis mode" as a result of the dangers posed by COVID-19. In his view, the Post Office is now at the "epicenter" of the 2020 battle over "voting rights", noting that "without Vote-by-Mail people aren't going to be able to vote."

Thus, in addition to fending off "dubious" Republican legal challenges to mail-in voting expansion, democracy's defenders --- which, in this case, includes We the People --- must now double our own efforts to navigate Trump's sabotage of mail delivery. This, at a time when election officials in states that have not previously engaged in near-universal VBM must upgrade their electoral infrastructure in order to accommodate and tabulate an unprecedented volume of hand-marked paper VBM ballots.

But there are proactive steps that jurisdictions --- and, yes, you! --- can take to maximize the odds that your ballot is tallied this year...

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

In a desperate attempt to prevent a high turnout of California voters for the critical 2020 General Election, attorneys from the extreme right-wing organization, Judicial Watch, filed a federal complaint [PDF] late last week on behalf of former Republican Congressman turned candidate again Darrell Issa with several named Republican voters in the U.S. District Court (Eastern District CA)

The complaint alleges that CA Governor Gavin Newsom and Secretary of State Alex Padilla, both Democrats, unlawfully usurped the power of the CA state legislature when, on May 8, they issued an emergency Executive Order in response to the COVID-19 crisis. The order directed the election officials of every CA county to "transmit Vote-by-Mail [VBM] ballots for the November 3, 2020 General Election to all [registered] voters" no later than "the last day on which [VBM] ballots may be transmitted."

The complaint alleges that the Executive Order violates the Elections Clause of the U.S. Constitution, Art. I, §4. That clause provides, in pertinent part: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."

The CA legislature, via the state's Voter's Choice Act, set forth explicit criteria that each county must meet in order to become an all VBM county. The Republican plaintiffs argue the Executive Order permits counties that have not met that criteria to act as VBM counties; that permitting all voters to cast VBM ballots "dilutes" the votes of the Republican voter plaintiffs who live in counties which have not met the statutory criteria. They seek to invalidate the Executive Order and compel those CA voters who have not timely requested absentee ballots under CA law, as it existed prior to May 8, to either vote in-person or not at all.

The Republicans' legal filing drew a sharp retort from Padilla: "Exploiting the COVID-19 pandemic to justify voter suppression is despicable, even for Judicial Watch's pathetically low standards."

From a legal standpoint, the Republicans' legal arguments are frivolous...

I might have headlined this show "See? I told ya so!", except Rush Limbaugh ruined that phrase for all of us years ago. On today's BradCast: The Administration's persistent lies about coronavirus and Trump's pressure to "open" the country long before we should (since he's failed to marshal any national plan whatsoever for broad testing and contact tracing) will result in tens of thousands of more deaths than necessary. But we told you so long ago. Meanwhile, more evidence is in to prove Los Angeles County's new, $300,000,000 touchscreen voting systems was a disaster for voters (but we told you so there as well, long ago) even though Bernie Sanders was finally, officially, announced the winner of the California Presidential Primary --- two months after it was held on Super Tuesday. [Audio link to full show is posted at end of summary.]

As we have been warning, there is currently no good reason to throw open the doors for business amid the coronavirus pandemic, other than Donald Trump really thinks that doing so will improve the economy and his chances of winning re-election. But Trump's Fantasy World beliefs that it is safe to do so are belied by more and more evidence in both this country and around the world --- and even from his own Administration's unreleased figures. The New York Times today reports on private projections by FEMA and the CDC that the daily death rate in the U.S. could reach as high as 3,000 deaths by June 1, particularly with the loosening of restrictions around the country by mostly Republican Governors. Perhaps that's one reason Trump, on Sunday, conceded that the death rate could reach 100,000 in the coming weeks after telling us just two weeks ago that he excepted about half that many deaths, around 50,000.

But, as health and science experts have been at pains to try and tell us, nothing has actually changed to make opening up any safer now that it was back in March, when the epidemic caught fire in the U.S. In fact, infection rates have been spiking in many areas, particularly in rural regions of the country. The newly unearthed FEMA/CDC docs forecast about 200,000 new cases each day by the end of this month in the U.S., as compared to the current rate of about 25,000 confirmed new infections per day.

New statistics coming in from countries around the world which have begun opening up their economies again, show the number of infections and deaths beginning to spike there again. And today, the model at the University of Washington's Institute for Health Metrics and Evaluation (IHME) has been revised. Their previous projections of an estimated 70,000 U.S. deaths by August has now been doubled to nearly twice number that at 135,000, due, they announced, to relaxed social distancing and increased mobility. The IHME model has long been used by the White House and others, and we have long told you that it was extremely conservative in its projections. (So, again, yeah, told ya so.) Even a Republican Governor, Mississippi's Tate Reeves, wisely decided late Friday to hold back for the moment on the further loosening of restrictions in his state. The announcement cane during a press conference where he had originally planned to do so. That, due to a spike in the state's infection and death rate after he lifted some restrictions prematurely on April 24.

All told, that's a helluva lotta dead Americans piling up all so that Trump and Republicans can try to stay in power.

In related news, we have a quick follow-up today on a new poll we covered last week that found Joe Biden leading Donald Trump in Texas(!) by 1 point, essentially a tie. As we mentioned last week, that poll from Public Policy Polling could simply be an outlier. But, over the weekend a second poll, this one from the Dallas Morning News/University of Texas, also finds Biden and Trump deadlocked in the Lone Star state with 43% a piece among registered voters. Maybe those polls are not outliers and Texas could finally be a battleground state that could flip "blue" this year for the first time since 1976. November is a thousand years away of course, but, once again, it all underscores that every vote in every state will count this year. Thus, the fight now playing out over how people will be able to vote in both upcoming primary elections around the country and in this November's critical Presidential election.

We've been reporting in recent weeks on a spate of lawsuits around the country and both good and bad news --- depending on the state and county --- regarding moving away from dangerous, disease vector touchscreen voting systems and towards much safer absentee ballots. Another new lawsuit toward that end was filed in Tennessee over the weekend by the National Lawyer's Committee for Civil Rights Under the Law, challenging what they describe as "some of the most restrictive absentee voting rules in the nation".

But here in Los Angeles, the County's Board of Supervisors voted unanimously last week to require that a Vote-by-Mail ballot be automatically sent to every registered voter in the nation's largest voting jurisdiction this November. That is encouraging news, given that the County's Registrar Recorder/County Clerk Dean Logan has been clinging to his new, failed $300,000,000 touchscreen voting system that crashed and burned so spectacularly during the March 3 Super Tuesday Primary in the state.

On that score, we have the "breaking" news late Friday from CA Sec. of State Alex Padilla, certifying that Bernie Sanders defeated Joe Biden by 8 points (36 to 28%) on March 3rd, after the Golden State's already 30-day long counting and certification period was extended to two months due to the COVID crisis. In Los Angeles County, Sanders enjoyed an 11 point win over the former Vice President and now presumptive Democratic Presidential nominee. So, no, despite what some in the media had irresponsibly told you, California was not stealing the election from Bernie (nor does any evidence persuasively show that they did so in 2016 either.)

We do, however, have more information today on the boondoggle "VSAP" (or Voting Solutions for All People) voting system that Logan forced on L.A. voters for the first time --- and, hopefully, the last --- on March 3rd. We're joined today by DOUG ECKS, a private attorney who, with Katherine McNenny, filed a public records request with Logan's office after the election to learn the number of new touchscreen voting systems that failed and the number of new electronic pollbooks that did the same, leading to hours-long voting lines in Los Angeles. They also sought copies of problem report records from poll workers.

While the L.A. County Registrar-Recorder/County Clerk's office failed to respond with any hard numbers on system failures (Ecks says he may sue to get that information), they did provide hundreds of page of problem reports from poll workers that Ecks and McNenny recently wrote about at Medium. Ecks joins us to detail some of those findings today and to discuss the importance of public oversight of our elections.

Among the news from their records request: the systems failed all across the county, often spectacularly. One problem report he notes, for example, found that 11 of 30 voting machines failed at a single voting location. That's an extraordinary failure rate for the brand-new tablet-style systems, developed over 10 years at extraordinary expense to tax-payers by Logan. When I asked Ecks today if, based on his findings, he thought the systems should be used again in the future, he answered with his own question: "If you bought 30 gallons of milk and 11 were spoiled, would you go back to that store?"

We finish up today with a few quick thoughts from callers...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Staying laser focused on the things that actually matter if we ever want to restore this nation and the world with it! [Audio link to show is posted below.]

The stock market cratered (again) on Monday, over fears about the quickly spreading coronavirus and plummeting oil prices. That, as the President of the United States tried to tweet away the problem while spending the weekend playing golf and throwing parties for his son's girlfriend at his Palm Beach resort before finding time on Monday to attend two fundraisers in Orlando as the Dow dropped more than 2,000 points, its largest one-day point drop ever and the worst crash seen on the markets since the 2008 global financial meltdown.

With the abysmal failure of this Administration to competently handle either ongoing crisis (and, in fact, make them both worse), we continue to focus on the only foreseeable way out of this disastrous mess: The November 2020 election. On that front, we've got both good news and bad, as usual, with 6 more states --- Idaho, Michigan, Mississippi, Missouri, North Dakota and Washington --- set to vote tomorrow, even as mop-up from voting system failures and counting of votes continues from last week's Super Tuesday in 14 states.

Among the many stories covered on today's program before opening lines to callers with still more tales of horror from voting out here in Los Angeles County last week on our failed new touchscreen voting systems and electronic pollbooks...

• Bernie Sanders supporter Rep. Alexandria Ocasio-Cortez (D-NY) said she would vote for Joe Biden if he becomes the nominee, and she recommends that you do too;

• Montana's popular Democratic Governor Steve Bullock announces that he will jump into the race for U.S. Senate to unseat Republican Sen. Steve Daines after all, giving the Democrats a fifth potential takeover to win back a Democratic majority this November;

• We share some listener email including a woeful story of failure at the polls here in Los Angeles last week, and from a regular listener in Oregon who can't understand why Los Angeles, which saw hours-long lines to vote at the County's new "Voting Centers" on Super Tuesday, doesn't go to an all Vote-by-Mail system (as used in the Beaver State now for two decades.);

• California's Sec. of State Alex Padilla, who has been a big proponent of L.A.'s County's new $300,000,000 unverifiable touchscreen voting system over the past ten years, pretends to be outraged about what happened last week and directs L.A. to move to an all VBM system for the critical November election. However, Dean Logan, L.A. County's Registrar-Recorder/County Clerk, the man who spent the last ten years developing the new failed voting system, says he's not sure he thinks VBM for all would be a good idea;

• And the Washington Post's Margaret Sullivan penned a landmark column on Sunday, charging "the media is blowing its chance to head off an Election Day debacle" by obsessing over "the horse-race" while ignoring "the very core of Election Day: voting itself". She excoriates the corporate media for failing to cover the many predictable disasters we saw last week in California and Texas until "after-the-fact" while ignoring "deeper issues such as the pressures and inducements for governments to invest in untried new voting machines" when "old-fashioned hand-marked paper ballots" are "the least hackable and the most audit-able". In short, her column sounds alot like just about every rant we've ever offered at either The BRAD BLOG or on The BradCast and spurs us to keep going...whether you like it or not. Thank you, Ms. Sullivan!;

While we've got a bunch of related stories about voting failures, dirty tricks and concerns out of Georgia, Texas, Florida and elsewhere, they'll have to wait until tomorrow's BradCast, as we wanted to open the lines to still more callers with woeful stories of their voting experiences at the Super Tuesday polls here in Los Angeles last week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Sad news for many regarding the end of Elizabeth Warren's run for the 2020 Democratic Presidential nomination. But we start with what suffices for good-ish news today regarding both voting and electoral politics, and one very mysterious Super Tuesday election result out of Texas. [Audio link to show is posted below.]

• First up, the Board of Elections of Georgia's Athens-Clarke County, where early voting has already begun for the state's March 24 Primaries, has voted to ditch their new touchscreen voting systems to move to a hand-marked paper ballot system. The move is in defiance of the state's Republican Sec. of State Brad Raffensperger, who has ordered the use of new, 100% unverifiable touchscreen voting machines across the entire state, after the County's Board determined that the huge screens on the new Dominion ImageCast systems, said to be visible from 30 or 40 feet away, violate voter's right to a secret ballot under state law. (We interviewed Marilyn Marks of the Coalition for Good Governance, the plaintiff in an emergency lawsuit to move to hand-marked paper ballots in another Georgia county for the exact same reasons, last week.);

• More good-ish news out of Montana, where the state's popular Democratic Governor Steve Bullock is reportedly considering reversing his earlier vows that he would not run for U.S. Senate this November against Republican incumbent Sen. Steve Daines. The Governor, a former 2020 Democratic President candidate, won his statewide re-election in 2016 on the same ballot on which Donald Trump is said to have won the state of Montana by 20 points. If Bullock decides to enter the race by Monday's filing deadline, it might offer Democrats a shot at winning the fifth seat they would need to flip in order to retake a clear majority in the U.S. Senate next year. Dems have targeted four other U.S. Senate seats --- in Arizona, Colorado, Maine and North Carolina --- which they believe to be winnable in November, but would need a fifth seat if Alabama's Democratic Sen. Doug Jones is unable to hold on to his this year;

• The totally predictable fallout from Los Angeles County's disastrous Super Tuesday election continues today, after the County's new $300,000,000 unverifiable touchscreen voting systems and electronic pollbooks failed so spectacularly during their first countywide use in the March 3rd elections. Washington Post's coverage last night confirms that election workers in L.A. were, indeed, ordered not to speak to media (as I originally reported on Sunday, only to be called a liar on Twitter by the brainchild of the new, failed voting system, L.A. County Registrar-Recorder/County Clerk Dean Logan).

  But the biggest breaking news in the embarrassing meltdown that resulted in hours-long lines and disenfranchised voters on Tuesday is that CA's Democratic Sec. of State Alex Padilla --- who certified the new systems for use in January despite warnings from cybsersecurity and voting systems experts, and despite the system's more than 40 violations of California Voting Systems Standards --- has now directed L.A. to send hand-marked Vote-by-Mail ballots to every voter in the County for this November's critical Presidential election;

• And, in Houston --- which also saw hours long lines for voters during its primaries on Super Tuesday --- a mysterious, completely unknown candidate on the Democratic ballot has has helped force a run-off for one of the longest serving members of the Texas state House. Despite Natasha Ruiz receiving more than 20% of the vote on Harris County's 100% unverifiable voting systems, the other three candidates in the race say they have never seen Ruiz or found any evidence that she actually had a campaign. She placed third in the four person race, resulting in just 45% of the vote (less than the 50% required to avoid a run-off) for long-serving State Rep. Harold Dutton, who is now investigating whether Ruiz even exists;

• Finally, we're joined by the former Editor in Chief of Rewire.news, JODI JACOBSON, a devoted Elizabeth Warren supporter, who is mourning today's announced end of the crusading progressive Massachusetts Senator's once-very promising Presidential bid. We discuss what Warren did right and where her candidacy appears to have gone wrong, why Americans appear to have been afraid to vote for her, and whether Warren might be tapped with a Vice-Presidential nod on either a Joe Biden or Bernie Sanders ticket...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Voting ground to a near halt on Super Tuesday in a number of states, most notably in major jurisdictions in Texas and California relying on electronic pollbooks and unverifiable computer touchscreen Ballot Marking Devices (BMDs). Who could have predicted it? Oh, yeah. We did. Over and over again on The BradCast. Not that many in the corporate media heeded our warnings. We know elections officials certainly didn't. [Audio link to show follows below.]

In Texas, the main problems seem to revolve around a lack of poll workers due to coronavirus fears and, most notably, a lack of voting machines for Democratic voters in many areas, since the Republican Party was unwilling to share their state-mandated even number of voting machines with voters from the other party. Obscene wait times as long as 6 or 7 hours to vote were reported in some locations in the Lone Star State.

In California, many counties did away with precinct based voting for the first time this year in favor of a Voting Center model. That meant that voters could cast their ballot at any of a smaller number of voting centers which took the place of community-based precincts. In Los Angeles County, for example, there were about 1,000 voting centers, compared with 5,000 precinct polling places in previous years. In order to accomplish this new paradigm, and allow voters same-day registration and party switching, computerized electronic pollbooks were used to check in voters. The systems check records against the state voter registration database in order to sign in voters before they can vote. But those computers had trouble in more than a dozen counties syncing up with the state database for some (still-unexplained) reason. That resulted in hours-long lines and voters forced to cast provisional ballots in many locations.

But the worst situation was undoubtedly in L.A. County, where a brand-new, 100% unverifiable, $300,000,000 touchscreen voting system manufactured by a company named Smartmatic was also deployed countywide for the first time. It did not go well. Voters across the nation's largest voting jurisdiction were stuck in two to four hour lines in many cases at voting centers where the e-pollbooks slowed down to a crawl and/or where BMDs failed to work, reportedly flipped votes, or had their paper ballot summaries become jammed in the new computer systems. A County spokesperson estimated on Tuesday that 20% of the new "Voting Solutions for All People" (VSAP) BMDs had failed. (By the way, that link to the main VSAP website at vsap.LAVote.net, singing its praises and listing its many partners who signed on to it, now appears to be down, even as the regular LAVote.net site seems to be working fine. A telling omen?)

As one Twitter listener quipped on Tuesday night: "#ShouldaListenedToBrad". (Anyone feel like making t-shirts for a fund raiser?)

We're joined today by two longtime L.A. County election workers, LARRY DILG and "DOUG", after their impossibly long days of service over this past week. We discuss what went wrong (and right) at their respective voting centers using L.A. County's new voting system --- ten years in development by Registrar-Recorder/County Clerk Dean Logan, and warned against for most of those years by yours truly, for many of the reasons which revealed themselves to all on Tuesday.

"I think we faced into the problems pretty well," Dilg tells me. "We had 25 machines in our room. The machines would sometimes stop working, or get quirky --- paper jams and stuff like that. I thought it went pretty well, actually, considering. The big thing I experienced was there were many more voters than we've ever seen in our center before."

"I think we had one or two machines that just were down for the count," he continued. "Other than that, it was almost like they got overloaded for awhile and needed a rest. We'd give them a rest, then reboot them, and they were back up and running." He pegged the failure rate at closer to 10% for the BMDs at his voting center.

"Doug" reports: "I had eight BMDs, and two of them broke, ultimately with paper jams, and I had to take them out of action. Smartmatic people came and fixed those two." For the record, while the VSAP systems were designed and supposedly owned by the County, they were manufactured by Smartmatic, a voting machine company with a dubious history. I was surprised to hear that their employees were here and allowed to directly service the machines mid-election, much less at all.

As to the e-pollbooks, "Doug" reports: "They seemed to get worse and worse, over time. The problem with them is that they have to re-sync periodically with headquarters in Norwalk, to update themselves so that they know who has voted and who hasn't voted. According to my worker, the machine was updating about every 15 minutes, so every 15 minutes, it was down for two or three minutes ... So the problem was this updating was taking quite a bit of a long time and it seemed to get worse and worse as more people voted. We only had two pollbooks at my location, and sometimes they were both updating at the same time, which meant that anybody you tried to process during that period had to vote with a provisional ballot."

While Doug is "concerned about the tally of the votes", Dilg, a self-identified "idealist" believes "it's a really good system", even with all of the problems revealed on Super Tuesday. "I have to say yesterday was a very positive experience because there were people doing good things, all around the room, and feeling good about being citizens in a democracy. That kind of civic experience is very different from a rally, and it's a beautiful experience." Both say they will work again as pollworkers, and urge others to do the same.

And, oh, yeah. We also discuss the reported results across the country from Super Tuesday, where Joe Biden stunned the pundits with many unexpected victories in 10 states, including in Texas and Elizabeth Warren's home state of Massachusetts (where she placed third according to computer-tallied results!) and where Bernie Sanders won four states, including the day's richest prize of California (presuming the many weeks of counting ahead in the Golden State don't result in a change to the current standings in its partial tallies).

Also, NYC's billionaire former Republican mayor Mike Bloomberg dropped out of the Democratic Presidential race and endorsed Joe Biden, after dumping half a billion dollars to win zero states. And Elizabeth Warren, the only other remaining candidate in the race to have won delegates, is reportedly assessing the outlook on how and if she will move forward in what now appears to be a two-man race for the Democratic nomination...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Okay, I gotta make today's BradCast summary really quick, as polls are closing around the country and people are still fighting like hell to cast their votes out here in California. [Audio link to show follows below.]

With 14 states voting in today's critical Super Tuesday elections, voters were once again prevented or absurdly delayed in their attempts to take part. Of all the states holding elections today (Alabama, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia) only one --- maybe two --- had a good excuse for the failures.

Tennessee was hit with early morning tornadoes, which resulted in at least 25 dead in or near Nashville, with some 15 polling places knocked out by the storms. Voting continued nonetheless in the Volunteer State, as well as in Alabama, which also saw several twisters just as polls opened Tuesday morning.

But what are the excuses for forcing voters to wait in line for hours in places like Austin and Houston, Texas and up and down the great state of California, where almost 700 delegates in total will be awarded towards the 1,991 needed to win a majority for the Democratic Presidential nomination?

In the dozens and dozens of cases emerging throughout the day --- in L.A. County and at least 15 other California counties, not to mention all over Texas --- as covered on today's program (at least as many of them as we could fit in to a single hour!), it was the failure of computer touchscreen voting systems and electronic pollbook check-in computers. All of which was completely predictable. And we should know, because we've been predicting it for months and much longer, as long time listeners and readers likely know.

We cover a tsunami of such problems across the country today, particularly in California, where Bloomberg News is reporting tonight that L.A. County is admitting some 20% of the the new voting machines deployed for the first time countywide in this election failed to work today. Yes, these are the brand-new, 100% unverifiable, $300,000,000 touchscreen voting systems (which we've very specifically been a lonely voice in warning about for YEARS --- yes, as long ago as 2010, when I was invited to the first development meeting and gave the very same warnings many others are finally offering today. See my 2013 interview with their brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, from back before he decided to no longer answer my questions or appear on the program.)

We also open the phones to callers ringing in with their own various nightmarish experience on L.A. County's new systems and we get an update from the polls in Southern California via KPFK News Director ERNESTO ARCE along with much more infuriating madness on today's program. (Including a smear on Twitter from Logan who called me a liar there last night after I had reported on Sunday that a poll worker at the Hollywood Bowl voting center said he was not allowed to speak to the media and that I had to call a special number to ask questions like "Was it busy today?" "Why was this voting center shutdown for hours yesterday?" "Have many voters been seeing their ballots jammed in the new printers, like that woman?" But, of course, I shared the "receipts" to show who was actually lying.)

Finally, Desi Doyen joins us for our latest Green News Report, on billionaire climate activist Tom Steyer quitting the Democratic Primary race, the coronavirus' deadly clearing of China's air, and a sad sign of climate change at Yosemite National Park...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: A look at what happened over the weekend in Nevada, and a look ahead at wait awaits in South Carolina on Saturday, Super Tuesday three days later, and yes, even beyond. [Audio link to show is posted below.]

So, the Caucuses in Nevada over the weekend went only slightly better when it came to reporting results than the Iowa Caucuses two weeks ago. But, because Bernie Sanders appears to have won in a rout there, the corporate media declared as much and didn't seem to be bothered, or even much notice, that it took another three days before all results were actually in. (Proving once again that corporate media is interested in headlines, not about making sure that voters see their votes counted accurately.)

We cover the reported results out of NV today, beginning with Sanders' landslide victory there, and the fight for runners-up, with Joe Biden coming in second over Pete Buttigieg, followed by Elizabeth Warren in fourth place. She was followed in turn by Tom Steyer and then Amy Klobuchar.

But the night belonged to Bernie. He received well over twice the number of votes than his nearest competitor (Biden) in NV. Buttigieg challenged the reported results from the Saturday caucuses and attacked Sanders during his post-caucus remarks to supporters in a way that Republicans should be very happy about (and in a way that Sanders would have been justifiably excoriated for, had he done anything similar in either 2016 or in this year's cycle.) We explain all of that on today's show.

We also look forward to this Saturday's important Primary in South Carolina and to Super Tuesday in 14 states just three days later on March 3rd. In SC, Biden's once seemingly-insurmountable lead in pre-election polling appears to be slipping, even as he retains a small edge over Sanders there, according to NBC/Marist, as of today.

At the same time, the national polls are seeing some movement as well, with Warren surging into second place behind Sanders and ahead of Biden in a new CBS/YouGov poll out today, reflecting what many regard as her strong debate performance last Wednesday. Their performance, however, was not reflected in the NV Caucuses given, that most caucus-goers had already voted before the debate in Early Voting (which was used for the first time there this year.)

So, with Sanders the front-runner at the moment, having won the popular vote in each of the first three primary/caucus states, members of the "Democratic Establishment" and their media supporters appear to be, well, freaking out a little bit. We play some of that freak out and discuss.

For the moment, however, all eyes are now on South Carolina, where voters across the entire state will be forced to vote on brand-new, 100% unverifiable touchscreen Ballot Marking Devices (BMDs). The new systems, made by Election Systems and Software, Inc., replace the state's old 100% unverifiable touchscreen Direct Recording Electronic (DRE) systems, also made by ES&S. Their systems have failed in election after election over the past decade in the Palmetto State and elsewhere. But, of course, even if they work as designed this Saturday in the SC Primary, it will still be 100% impossible to know after polls close if any ballot cast on the expensive devices actually reflect the intent of any voter.

That's just one of the problems --- though, one of the biggest --- with BMD voting systems. In Los Angeles County --- which has more registered voters in it than the entire state of South Carolina has people --- the Early Voting period for the March 3rd Super Tuesday primary (which will be held in 14 states) began on Saturday. We've been covering L.A. County's brand-new, $300,000,000 touchscreen BMD voting system for some time (about a decade in fact), warning about many of its failures and potential failures.

So, how do you think the first day of Early Voting went in L.A.? According to this report, and some of our own reporting as well, it did not go well, with officials unable to start up the new e-voting systems at all for several hours in a number of locations, some locations where the equipment didn't even arrive in time for Saturday's Early Voting, and an absense of the paper write-in ballots that were supposed to be available at every polling site as the first "condition" in the CA Sec. of State's recent "conditional certification" [PDF] of L.A.'s new "Voting Solutions for All People" (VSAP) touchscreen system.

And now it's your last chance, if you live in L.A. County, to get a real, hand-marked paper ballot instead, by visiting LAVote.net to request a Vote-by-Mail ballot for the March 3rd election before Tuesday night, February 25th at midnight! (And please do the same if you live in ANY jurisdiction in the country where you will be forced to vote on a touchscreen voting systems at the polls!)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

A few days ago, I ran the :30 second preview for this report from David Goldstein of CBS-2 Los Angeles on the new,100% unverifiable touchscreen computer Ballot Marking Device (BMD) voting systems being deployed to all polling places in Los Angeles County (the nation's most populous) for the first time in the critical 2020 elections. I am seen in the preview responding bluntly to how much confidence voters should have in this new system, as paired with the response to the same question from Goldstein by L.A. County Registrar-Recorder/County Clerk Dean Logan.

We now have Goldstein's full video report and it's posted below.

The first countywide use of the $300,000,000 system, ten years in development, will be for the upcoming Super Tuesday primary on March 3rd in California. What could possibly go wrong? Well, just ask Iowa.

But, beyond that, I've spent a great deal of time in recent weeks, months (and, yes, years) specifically detailing what could go wrong, from the fact that...

• these systems were recently "conditionally certified", by CA Sec. of State Alex Padilla, despite warnings from experts after they were found to have failed failing to meet more than 40 California Voting Systems Standards;
• that the computer-marked paper ballots it creates can be changed by the system without voters knowledge after they are supposedly verified by voters and then run back through the same printer path that printed them in the first place;
• that a recent study found that 93% of voters do not notice when a BMD system has flipped one of their votes;
• that Los Angeles County is being sued by Beverly Hills because the system only displays four candidates in any given race at a time, which means that voters could hit the NEXT button to go to the next race, without ever seeing all of the voters in the contest (something that is also not a problem when using a more reasonable, sensible, much less expensive hand-marked paper ballot system);
• that this system could result in voters not being able to vote at all, if there is a power or internet outage or ransomware attack;
• and that even if voters succeed overcoming all of these obstacles and manage to correctly verify the computer hasn't changed their vote, there is till no way for anybody to know after an election, whether any vote has been printed accurately as per any voter's intent!

That's just some of the concerns about these systems --- and they are true for the new system being deployed in L.A. called VSAP for "Voting Solutions for All People", as well as for other similar systems being deployed for the first time this year in critical battleground states like Georgia, Pennsylvania, North Carolina, Texas and elsewhere, for some insane reason.

Anyway, while I'll have more to say about this on today's BradCast later tonight, I'm happy that at least a few corporate media outlets are waking up to these concerns. Too few, if you ask me. Perhaps more will do so after what's happened in Iowa. But, for now, here's the full report now from CBS-2 Los Angeles' David Goldstein, as aired Tuesday evening on the 11 o'clock news.

WATCH...

On today's BradCast: The President's defense team picked up on Monday where they left off on Saturday in their Opening (and potentially Closing) Argument in the Senate Impeachment Trial of Donald John Trump. But that defense was hit with a major bombshell by the New York Times on Sunday which could (emphasis on "could") turn out to be a game-changer for the previously expected course of this trial. [Audio link to program is posted at the end of this summary.]

But first, and before we eventually open the phones today, a few updates on the tragic Sunday death of Los Angeles Lakers' legend and NBC icon Kobe Bryant, who was killed along with his 13-year old daughter and seven others during a helicopter ride on a very foggy day just outside of L.A. While the shocking death of the 41-year old Bryant has reverberated around the globe, the pain of his loss was particularly acute here in Los Angeles yesterday.

In other Los Angeles news with national implications, we've got a bit more information on Friday's "conditional certification" [PDF] by CA Sec. of State Alex Padilla of L.A. County's new, 100% unverifiable touchscreen voting system set for first-time use in the upcoming March 3rd Super Tuesday Presidential primaries. Among the updates, we've got a bit more information on the so-called "hand-marked paper ballot" that Padiila has ordered be made available at Voting Centers "for any voter that requests to cast" one. It will, according to the Secretary's mandate, be a "write-in absentee ballot," modeled on the Federal Voting Assistance Program's federal write-in absentee ballot [PDF] --- meant as a ballot of last resort for overseas voters who do not receive a normal absentee ballot in time to cast a vote --- that requires voters to write in all of the names of the offices and candidates for which they would like to vote. As much confusion and chaos as L.A. County's new, $300,000,000 "Voting Solutions for All People" or VSAP voting system is likely to cause at the polls this year, the provision for a second-rate, hand-marked "write-in ballot" as the only means for casting a hand-marked ballot at the polling place, is likely to make things even more chaotic. We detail that, and a few other points related to the certification of the new system on Friday, despite a newly filed lawsuit and warnings from cybersecurity and voting systems experts after its failure to meet more than 40 California Voting System Standards, according to the independent testers hired to analyze the system during Padilla's certification process.

Next it's on to the President's lawyers' case being presented once again as we went to air today, in the U.S. Senate, where Ken Starr (yes, that Ken Starr, the Special Prosecutor who recommended impeachment against Bill Clinton for lying about an affair) argued hypocritically that Trump could not Constitutionally be impeached for Abuse of Power (Article 1 of the two Impeachment Articles against him), even though Starr's own recent book on impeachment explains that Abuse of Power was the capstone of Clinton's impeachment case in 1998. That, and his argument that impeachment was just too divisive to put the country through without a bi-partisan political consensus was a bit hard to stomach for those of us old enough to remember the Clinton impeachment.

But the most noteworthy Impeachment-related news today is John Bolton, Trump's former National Security Advisor, reportedly charging in a manuscript of his new book, according to the New York Times, that Trump was directly involved in the unlawful freeze of $391 million allocated to Ukrainian for military assistance, unless the Ukrainians agreed to turn over documents related to an investigation of Joe Biden meant to help Trump's 2020 reelection changes. That alleged Abuse of Power is at the heart of Trump's impeachment, and the manuscript of Bolton's forthcoming book reportedly charges that Attorney General Bill Barr, Sec. of State Mike Pompeo and Trump's Chief of Staff Mick Mulvaney were all directly aware of the scheme, according to the Times blockbuster report.

That explosive news on Sunday has, according to several different news outlets, led a number of key GOP Senators to rethink their previous votes against calling for new witnesses and documents in the Senate Trial. Will four or more Republican Senators now agree to vote in favor of subpoenaing Bolton and other related (and/or unrelated) witnesses? That appears to be the question of the moment in this matter as we go to air today, and one we open up to discuss with callers near the end of today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)