The Republican special prosecutor recently appointed to investigate allegations by WI Supreme Court Justice Ann Walsh Bradley that her fellow anger-management challenged Justice David Prosser had placed her in a "choke-hold" during recent deliberations over the anti-union legislation of Prosser's former colleague Gov. Scott Walker.

See Milwaukee's Journal-Sentinel coverage of this news yesterday for the complete, insane details.

In a terse announcement from the prosecutor, Sauk County District Attorney Patricia Barrett would say only that she had "determined that no criminal charges will be filed against either Justice Bradley or Justice Prosser for the incident on June 13, 2011."

The letter notes that Barrett reviewed transcribed reports from law enforcement officials given to her after Dane County Democratic District Attorney Ismael Ozanne recused himself from the case, as the matter over which the Supreme Dispute took place was a lawsuit he had brought charging that the anti-union bill in question was passed by Republican legislators in violation of the state's open meetings law. The newly-assigned prosecutor also reviewed an audiotape interview with Prosser who was, apparently, the only one who had a taped interview. In addition to Bradley, four of the other Justices were said to have been witness to the fracas.

According to the Journal-Sentinel, "Barrett declined to say whether she had rejected charges because no criminal conduct had occurred or because no crime could be proven to a jury. She would say only that a case must meet both those standards before a prosecutor could bring charges"...

In a written statement following word that there would be no criminal charges, Prosser said Bradley "made the decision to sensationalize an incident that occurred at the Supreme Court." He said he "was confident the truth would come out and it did. I am gratified that the prosecutor found these scurrilous charges were without merit."

That is not, of course, what the prosecutor actually stated that she found...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Wisconsin's old State Elections Board website (http://elections.state.wi.us/) appears to have been "hacked by Sovalye"...

[Hat-tip Election Integrity advocates Jeannie Dean, Neal Schulz and the folks at the Facebook Election Integrity group.]

[Update 7:19p CT: It looks as if officials have now restored the site. Sort of. Hat-tip again to Neal Schulz.]

The State Elections Board was replaced by the WI Government Accountability Board (G.A.B.) in 2008 as the state's top election authority, combining responsibilities of both the Elections Board and the State Ethics Board into the agency. The G.A.B.'s website (http://gab.wi.gov/) does not appear to be hacked. For now.

Of course, that's just a website, not an actual election or e-voting database. So just because the state's Elections Board website proved to be insecure and was hacked does not mean their actual elections are vulnerable to hacking in any way, shape or form, right? That, even though the state, shamefully, does not bother to check even a single ballot to make sure it has been tallied accurately during an election by its computer op-scanners made by Diebold, Sequoia, and ES&S.

Why worry?

The BRAD BLOG has been warning about the manipulation of e-voting systems for years, along with members of the world's computer science and cyber security communities, and even the CIA, as our own Ernie Canning noted just last week. And yet, our nation continues to use the same vulnerable e-voting systems to tally our elections, rather than bothering to count them with our own, far more reliable and verifiable, hands and eyes, as per Democracy's Gold Standard.

I could link back to all sorts of e-voting hacks we've reported on over the years here, like this one from Princeton in 2006 or this one from the U. of MI in 2010 or this bone-chilling warning from the CIA in 2009, but they'll mostly likely just be ignored. Again.

Instead, we'll just tease you for now with news of yet another new e-voting hack --- perhaps the most disturbing one yet in a number of ways --- that we'll be reporting on very soon. Let's call that one a special delivery for election officials like Jones County, MS, Circuit Clerk Bart Gavin, who reportedly told his county Board of Supervisors this past week that the Diebold touch-screen voting machines used by the entire county "record every vote and there is no way for them to be tampered with."

Really, Bart? You're gonna stick with that, are ya?

The final round of state Senate recalls in Wisconsin, brought on in response to anti-union legislation by Gov. Scott Walker and state Republicans, have completed today. AP is reporting tonight that the two Democrats up for recall in the state's 12th and 22nd have each retained their seats. TPM has the numbers by district here.

By way of reminder, in Wisconsin most votes are cast by hand-marked paper ballot though tallied secretly by optical-scanners made by Diebold, Sequoia and ES&S. The state does not examine any optically-scanned ballots to assure the machines have tallied accurately after they've already been scanned, other than in the even of a recount if permission is granted by the courts to hand-count ballots. I'm told, but haven't been able to confirm today, that some of the municipalities in the two districts where elections were held today, may have been hand-counting ballots, though centrally, after they've been transported, rather than at the precincts. Given there was only one single race on the ballot today and hand-counting would consist largely of making two separate piles, it seems as if it would have been cheaper and easier (and certainly more reliable and transparent) to hand-count all of the ballots in these recounts. But, sadly, that's not the case. So we're forced to rely, in most cases, on the oft-failed, easily-manipulated computer-reported results from the Badger State. Mack Trucks, if you will, used to deliver pizzas.

Once again, election watchdog Election Defense Alliance (EDA) and a number of other organizations were carrying out Exit Polls at the several sites today, as one of the few weapons left to help avoid and/or ferret out potential election fraud or vote tabulation error. I spoke with EDA's National Coordinator Sally Castleman earlier this evening, and --- unlike during the July primaries and during last week's GOP recalls, no problems have been reported by the Exit Poll teams at the wards.

By way of another reminder, problems with vote tabulation often do not come to light until days, or even longer, after elections. So far, however, there have been pleasantly few reports of problems that I've heard about or been able to find today. There was this odd incident at a Kenosha ward and at another ward there where they reportedly ran out of ballots for a short time (is that report accurate, where it says the County "printed up 300 additional ballots" in a pinch? They can print up ballots just like that??) as turnout was reportedly heavy in most areas today, said to have been on par with a gubernatorial election. That's some good news to report at this hour. If anything changes, of course, we'll let you know.

If the largely unverified results stand as currently reported, there will have been 5 wins total for Democrats --- 2 tonight, 2 last Tuesday, and 1 in July --- in these state Senate recalls. Republicans will have won just 4 of the races, all last week, and will have lost 2 seats, while the Democrats lost none.

Despite their victories, however, the Dems will have fallen one short of re-taking the majority in the state Senate, where the GOP will still enjoy a slim 17-16 advantage. One moderate Republican, however, state Senator Dale Schultz, who voted against the GOP anti-union agenda, may well serve as a firewall against continued radical Republicanism in the state. Nonetheless, after last week's recalls of 6 Republicans, where Democrats picked up 2 seats from the Republicans, the GOP sent out statements declaring "victory" in Wisconsin.

Until Walker's own recall election, which could happen early next year if Democrats are able to gather enough signatures beginning in November, we may be done with the wild string of elections in Wisconsin...at least for now.

Guest blogged by Ernest A. Canning

Controversial Wisconsin state Supreme Court Justice David Prosser has a new special investigator looking into allegations of assault made against him by another sitting Supreme Court Justice.

At the request of Dane County Circuit Judge William Faust, Sauk County District Attorney Patricia Barrett (R) agreed to serve as a special prosecutor regarding the physical assault and battery allegations made by WI Supreme Court Justice Ann Walsh Bradley. Bradley claims that Prosser placed her in a "chokehold" during a contentious argument about the overturning of a lower court ruling on Gov. Scott Walker's controversial and hastily enacted union-busting legislation. The lower court found that it was passed in violation of the state's open meeting law and is therefore null and void. Prosser and his 3 colleagues on the bench who enjoy a 4 to 3 Right-leaning majority on the state's high court, eventually overturned the lower court's ruling. Bradley was in the minority.

According to Tim McCumber, the head of the Sauk County GOP, Barrett is essentially an independent who ran for DA in 1994 as a Republican to get onto the ballot in a GOP-dominated county. Barrett, who is 62 and plans to retire in the fall of 2012, stated that she does not see either the sheriff's or prosecutor's jobs as a partisan one.

Justice Bradley's allegations are also the subject of of an internal investigation by the WI Judicial Commission.

The key question is whether Barrett and the WI Judicial Commission can proceed in their investigations on the basis of the facts and the law? What is at stake is not simply a possible Class A Misdemeanor Battery charge against a sitting Supreme Court Justice. The very survival of the rule of law in the Badger state is spotlighted here. All if this happens with a backdrop of a billionaire-funded, partisan onslaught on fundamental fairness and democracy, not only as it pertains to the electoral process, but in how the state's executive, legislative and judicial branches of government function...

Okay, so it's Nicole Sandler, not "Micole", but it makes for a more alliterative headline, so too bad.

I'm back on deadline on the exclusive series I've been working on for a few weeks. So, for the moment, here's just a few of the more fun media appearances I've done lately, in the wake of Tuesday's recall elections in Wisconsin. Looks like I was able to help, if only momentarily, to turn the topic --- on a few Progressive airwaves anyway --- away from the idiotically premature horse race nonsense (Iowa Straw Poll anyone?), to the far more important track conditions that otherwise almost never get discussed on air at all...until it's too late...

Stephanie Miller Show (this morning, appx 17 mins total)

Includes my appearance in the first few minutes and then, after I'm gone, continuing discussion of the points raised during it by callers throughout various moments during the rest of the show. One of those moments was a caller who identified himself as Derek Woodward from Alton, PA who was clearly (and purposely) misinformed about the GOP push for disenfranchising polling place Photo ID restrictions.

"Why would you not want to ensure that only the people that can vote are eligible to vote?," asked the Woodward. The responses he received from Stephanie and Jim Ward and a caller or two were great. My work here is done!

Okay, not really. So here's just a couple of articles to support their responses on that question which arises in light of the Rightwing disinformation masters who purposely misinform gullible folks like Woodward...

• How to Cast a Ballot in Indiana if You Don't have a State-Issued Photo ID
• Students, Nuns Denied RIGHT to Vote in Indiana Today Following Supreme Court Approval of State Photo ID Restrictions
• Matthew Vadum, Master of Misinformation, Subverts the Truth With More Democratic 'Voter Fraud' Lies

Ed Schultz Show (this morning, w/ Guest Host Mike Papantonio of Ring of Fire, appx 13 mins)...

On today's BradCast on Pacifica Radio's KPFK here in Los Angeles, I picked up on all that's transpired over the last several days in the Wisconsin recall mess, as reported at The BRAD BLOG of late, including yesterday's late-night concerns about our old friend Kathy Nickolaus, the GOP activist and County Clerk of Waukesha County which played a key role in last night's drama and reported results.

Other links of note, as quickly referenced during the show, the blocking of exit polls (only) in Waukesha yesterday, the miselading absentee mailers from the Kochs' Americans for Prosperity and the Kochs' AFP front group front man in WI.

After an opening rant or three, my guest, straight from Wisconsin, was former Green Party chair Ben Manski of LibertyTreeFDR.org, MoveToAmend.org, WisconsinWave.org and DemocracyConvention.org on what happened yesterday in the Badger State and how to move the democracy ball forward in the future against the enormous forces working to crush it (even more than they already have.)

As discussed, democracy is now under direct assault, very generally, in at least three and seemingly insurmountable areas:

• Access to the polls (Photo ID restrictions, etc.)
• Overseeing tabulation of votes (E-voting issues)
• Corporate control (Citizens United and the obscene flood of corporate $ bastardizing the entire electoral/democratic system)

Luckily, we were able to solve all three of those issues in 28 minutes of commercial-free radio, the archive of which follows below for your listening pleasure...

Download MP3, or listen online below...

P.S. I'll be live on Stephanie Miller's show tomorrow (Thursday) at 8am PT, and then on Ed Schultz radio show at 10am PT. Tune in if you're inclined!

AP's running totals are here. TPM's "scoreboard", which breaks down by race, but not by county, but does offer percentage of vote reported, is here. Some pre-election poll results for comparison are here.

1:32am CT: State Democrats now retract their previous charge of "election tampering" (as posted in the 11:54a update below). The full statement/retraction from WI Democratic Party chair Mike Tate, via TPM:

Lame, Dems. You don't charge election tampering and evidence of fraud when you ain't got none. Want some? Try counting the actual ballots in Wisconsin rather than relying on oft-failed, easily-manipulated computers to do so. You might be amazed at what you find.

12:51a CT: AP is now calling it for Darling (R) over Pasch (D) in the 8th district, 39,471 to 34,096 (54% to 46%) with all but one counting unit in Milwaukee County reporting. That means if tonight's unverified results do not change, the Democrats failed to win enough seats for a takeover of the majority in the Wisconsin state Senate. Republicans are reported to have retained 4 of their seats tonight, while Democrats are said to have taken over 2 in today's unprecedented, historic recall elections.

Pasch has said (see 12:09a update below) she would not be conceding tonight and neither her nor the state Democratic Party would have any further comments for the evening, even in response to the Dems claims of "tampering" in Kathy Nickolaus' Waukesha County (see 11:54p update below).

For night owls & election integrity mavens: I'll be on KGO am810 in San Francisco tonight (Tuesday) at 11:30p PT (1:30a CT) with Peter B. Collins to discuss what we know about Wisconsin results tonight, today's shut down of exit polling only in Waukesha, the Koch's Americans for Prosperity dirty tricks leading up to today, and undoubtedly a bit on Kathy Nickolaus' long and storied history. If you're not in SF, you can listen live online here.

(For "morning owls", I'll be on Nicole Sandler's Radio or Not Wednesday morning at 8:30am PT/10:30a CT. And for "afternoon owls", I'll be on my own show on KPFK/Pacifica 90.7FM here in Los Angeles at 3:30p PT/5:30p CT Wednesday. You can listen to that one live online here. I suspect we'll be talking about WI on all of the above.)

12:16a CT: As she told me she would (see 11:54p update below), Waukesha County Clerk Kathy Nickolaus has just updated her results with the final counting unit now included. Her totals in Waukesha are now, Darling (R): 9,449 - Pasch (D): 4,767.

That last (previously) unreported counting unit was the largest of the 11 total in the 8th District section of Waukesha County. It was the Village of Menomonee Falls, Wards 14, 15 & 21. They report a total of 1,956 votes from the three wards making up that unit.

I've posted a copy of those results here [PDF], just in case Nickolaus forgot to hit the save button.

12:09a CT: 8th District Democratic candidate Sandy Pasch told supporters an hour or so ago that the race would be too close for her to call tonight. Her @SandyforSenate account just now tweeted: "Neither Sandy or the Democratic Party will issues any statements tonight. Thank you very much for your support tonight."

11:54p CT: I just spoke with Waukesha County Clerk Kathy Nickolaus to ask her why there was one outstanding reporting unit still unreported (Village of Menomonee Falls, Wards 14, 15 & 21) in her posted results (reposted here [PDF]).

She told me: "They were absentee ballots, I just got it in, I'm just printing it. The municipal clerk just faxed it to me 5 minutes ago."

I asked why they were so late in coming, she said: "They were so busy they didn't get their absentee ballots done during the night, so they had to get them done after that."

Within the past hour, the WI Democratic Party issued a statement, accusing Nickolaus of "tampering" with the results. Here is their full statement:

Tate offers no additional evidence to support his claim of "tampering".

At this hour, according to AP, based on computer-reported results, the Rs have held 3 seats, Ds have picked up 1, but the last, in state Senate District 8, is still too close to call. Here are their numbers at this hour (and prior to Nickolaus posting the last unreported unit in her county.):

[8/10/11: Now UPDATED with statement from the WI Government Accountability Board concerning the problem for Exit Pollsters in Waukesha County yesterday. See bottom of article for statement.]

The polls in Wisconsin closed moments ago. So far, so good in the state's unprecedented recall elections today, at least according to the bulk of media reports throughout the day. Turnout was reportedly very high, nearing or even exceeding rates from the 2008 Presidential election in some areas. "It's astronomically high," according to Matt Rothschild, Editor of The Progressive in Madison, WI, with whom I was just on air with on Santa Fe Public Radio's KSFR to discuss today's recalls.

The contests in six state Senate districts could mean removal from office for the GOP Senators facing recall today following their support of Gov. Scott Walker's anti-union agenda. If Democrats take three of those seats --- and hold onto the two Democrat seats up for recall next Tuesday, they would retake the majority in the Senate. The Assembly, the Senate and the Governor's office all went to Republicans in last November's wave election.

While reports of problems with electronic voting systems frequently don't come to light until after polls close --- sometimes days and even weeks later --- we've heard of very few problems so far at least. With most of the voters in the state today voting on hand-marked paper ballots, voters shouldn't get held up by malfunctioning machines. Even in cases where the op-scanners fail to work --- and that has been the case, reportedly, in at least one ward in Fond du Lac --- voters can vote and their ballots can be tallied later by a different computer.

That WI doesn't bother to check any of the op-scanned ballots by hand to assure the machines are tallying them correctly is a different problem entirely, but one we discussed in our item earlier today and, depending on what results look like tonight, may need to discuss again later.

But so far, so good today, as far we can tell, except for yet another problem with Exit Pollsters --- an echo of similar problems that occurred during the July primaries --- where again today they were blocked from doing their work at a polling place in Butler Village...in Waukesha County...

This is it. The citizens of Wisconsin respond to Governor Scott Walker's anti-union agenda today at the polling place with six Republican state Senators facing unprecedented recall elections all on the same day.

If Democrats succeed in winning three of today's races they will wrest control of the state Senate from the GOP in what is clearly being regarded by all sides as a referendum on Walker's radical agenda. (Democrats will also have to defend two seats of their own in two more recall elections next Tuesday.)

Yesterday, Public Policy Polling (PPP) came out with their final round of polls from over the weekend finding, in the four races surveyed, the Democrat with a healthy lead in one district, the Republican with a healthy lead in another, and two races too close to call either way, both statistical dead heats. PPP polled the other two races back in June, finding the D leading in one and the R leading in the other. (Eric Kleefeld at TPM has a few additional numbers from alternate sources.)

According to the pre-election polls then, this thing is believed to be incredible tight all around. Some $40 million is being spent on these races (only $3.75 million was spent on the entire slate of 15 Senate seats and all 99 Assembly seats last November) and dirty tricks are likely to be flying. But the bottom line seems to be that nobody knows what might happen given the unprecedented nature of six recall elections happening at once --- in the middle of Summer. There is simply nothing to compare this to.

The one thing about which all pundits and partisans and partisan pundits seem to agree at this hour: It'll all about turnout.

That's almost true. In addition to turnout, it'll also come down to the electronic vote tabulators used across the Badger State. Most municipalities in WI allow voters to vote on hand-marked paper ballots, but most of those ballots will be tallied only by oft-failed, easily-manipulated computer op-scan systems. Additionally, to their shame, the state has absolutely no mechanism for post-election human examination of optically-scanned ballots to ensure the computers have tallied them accurately. Once the computers (made by Diebold, ES&S and Sequoia) report the supposed results, there is no double-checking of those computer tallies other than in the event of a recount...and readers of The BRAD BLOG know how well those go in the state of Wisconsin.

So we'll be watching as close as we can today, and hope that voters in WI will be doing the same, from the moment wards open at 7am CT through close at 8pm CT and then throughout the tallying of ballots after polls close inasmuch as they can. Photographs and video tapes of ballots bags and poll tapes at the wards at the end of the night will be a very good idea tonight at every polling place.

If you spot any problems or concerns you feel we should know about --- in the media or at the polls --- please feel free let us know. We'll do our best to keep an eye on comments today. In the meantime, we'll be praying for six blowouts...one way or another.

On Saturday we posted an article detailing the similarities, and apparent coordination, in misleading "Absentee Ballot Application" mailers sent out to Democratic voters by both the David Koch-founded Americans for Prosperity - Wisconsin and a mysterious group calling themselves United Sportsmen of Wisconsin.

The Americans for Prosperity mailer, sent out in Wisconsin last week in advance of tomorrow's state Senate recall election of six Republican state Senators, included instructions that absentee ballots must be submitted by August 11th --- even though the election in question is actually tomorrow, August 9th.

The PO Box described as the "Absentee Ballot Application Processing Center" on those mailers belonged to a Rightwing family group tied to the anti-abortion movement. A spokesperson for the group, as we reported, said that while they were part of a "coalition" with AFP, they claimed to have had no idea AFP was using their PO Box on the mailers until they started receiving them, and that they hadn't seen the mailer before it went out. For their part, AFP claimed the incorrect date was simply a "typo" in two districts where they had sent the mailings, and that "liberals" were making a "mountain out of a molehill" about it all. Late last week, however, in a followup mailing, the group admitted that it had gone out to "everyone" in all of the state Senate districts, rather than just the two where Democrats will face recall elections next week (as opposed to tomorrow's GOP recalls) and blamed the incorrect date on their printer.

The United Sportsmen of Wisconsin (USW) mailers, almost identical in form, font, content, and type-setting, as we showed, had no information about who had paid for the mailings on them, and instructed voters that they needed to return their absentee ballots to the elections clerk by August 4th --- even though ballots may be delivered to the Wisconsin election clerks as late as the close of polls on August 9th.

Since we ran our article over the weekend, which suggested, among other things, previously-undocumented coordination between AFP and USW, and since there was little information to be found about USW on the web, a number of readers have been digging in to try and figure out exactly who the so-called United Sporstmen of Wisconsin actually are, as have we.

And, whaddaya know, a bit of digging reveals that the group was very recently founded by one John W. Connors, a long-time staffer and director of Americans for Prosperity, a College Republican leader, and a rather prolific founder of a number of hard-right political front groups with a record of deception in recent Wisconsin elections...

No doubt by now you've heard of the deceptive absentee ballot applications mailed to Democrats in Wisconsin by David Koch's Americans for Prosperity, WI, as reported earlier this week by David Catanese at Politico.

As seen below, the mailer instructed recipients to return the application to the "Absentee Ballot Application Processing Center" by August 11th, even though the recall elections for 6 Republicans is next Tuesday, August 9th...

The wrong date on the mailing, however, was not the only problem with it. The address where the application was to be submitted is also a problem, but one that is worse than has been widely reported so far, according to some digging from a Wisconsin activist and election integrity advocate.

Moreover, a comparison to another absentee ballot application mailer from a different, supposedly unrelated, Rightwing group, suggests a coordinated effort by a number of these groups to defraud and disenfranchise voters in Wisconsin in advance of the unprecedented state Senate recall elections to be held next Tuesday...