[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

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

Scheduled tonight (so far):

• A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
• LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
• PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

Guest blogged by Ernest A. Canning

A nearly two-hour hearing in the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights earlier this month (full video available here), carefully examined the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP effort to enact new state voting laws across the country.

The coordinated, nationwide GOP voter suppression effort was aptly described by Judith Browne Dianis, a civil rights litigator at The Advancement Project, and a witness in the second three-member panel, as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

"Our country has not seen such widespread attempts to disenfranchise voters as we have seen this year in more than a century. Inclusive democracy is under attack," she testified, while Sen. Sherrod Brown (D-OH) described the "brazen" GOP attempts to undermine the right to vote.

Subcommittee Chair and Senate Majority Whip, Dick Durbin (D-IL) broke the new state voting laws into three major categories, and the discussions of each are worth covering here over two different articles. In Part 1 here, we'll cover the first category: Polling place Photo ID laws restricting the ability of lawfully registered voters to cast their ballot on Election Day. The hearing produced several remarkable face-offs, including between Sen. Al Franken (D-MN) and long-time GOP "voter fraud" front man Hans von Spakovsky (cue James Bond villain music), as detailed below.

In Part 2, we will cover the discussion of the other two categories at the hearing --- draconian new restrictions on voter registration, and laws which significantly reduce early voting periods --- plus a very troubling event that "reactionaries" have planned for the 2012 election, according to Dianis' testimony [UPDATE: Part 2 is now posted here]...

Guest blogged by Ernest A. Canning

"One of the great questions of our time is whether the American people, through Congress, will control the greed, recklessness and illegal behavior on Wall Street, or whether Wall Street will continue to wreak havoc on our economy and the lives of working families."
– Sen. Bernie Sanders (I-VT) 9/16/11

Sanders' question is indeed one of the "great" ones for our time. But, as Yoda said, "there is another."

If there was ever a candidate perfectly suited to expose the lie that is to be found in the pseudo-populism of the mega-billionaire Koch brothers funded and controlled 'Tea Party' that helped Scott Brown (R-MA) secure a reported upset win in the 2010 special election to fill the U.S. Senate seat vacated by the death of the late Edward "Ted" Kennedy (D-MA), it would be Elizabeth Warren, a Democrat.

The brilliant, straight-talking Harvard Law Professor and special adviser appointed by President Barack Obama to oversee the development of a new Consumer Financial Protection Bureau (CFPB), whose interview with Michael Moore for Capitalism: A Love Story (see video below) established her to be the same thorn in the side of Wall Street's financial "products" that Ralph Nader was to GM when he exposed the Corvair in Unsafe at Any Speed, announced last week that she is a 2012 candidate for the U.S. Senate seat now occupied by a GOP Senator who has turned to Wall Street, in a big way, for financial support.

There is little question but that Warren's brilliance, eloquence, and sincerity will come into play during the ensuing campaign. But while Warren plants her flag in the fight for oversight, transparency, and accountability for our financial system, will she (and other candidates) come to understand the importance of oversight, transparency, and accountability for our electoral system before it's too late? Before yet another election --- like the one which brought Brown to the Senate in the first place --- is decided under a cloud of unverified results reported by easily-hacked, oft-failed, optical-scan voting systems such as those made by Diebold and programmed by a company with a criminal background in the great commonwealth of Massachusetts?...

Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

Guest blogged by Ernest A. Canning

Last Friday, Aug. 5, in a 15-page letter [PDF], the American Civil Liberties Union (ACLU) asked the U.S. Department of Justice to deny pre-clearance of South Carolina's photo ID law, as signed into law by Gov. Nikki Haley (R), pursuant to Section 5 of the Voting Rights Act. Pre-clearance must be denied if the law was enacted for a discriminatory purpose or if it has "the effect of denying or abridging the right to vote on account of race or color."

As the Voting Rights Act of 1965 addressed specific barriers to voting that had been enacted by the Jim Crow South, the ACLU letter, of necessity, focuses upon the disproportionate impact upon South Carolina's African-American electorate who are amongst the 178,175 registered South Carolina voters who do not possess the forms of photo identification required by the state's new polling place Photo ID restriction law. However, the ACLU's discussion of pretextual justifications for the Palmetto State's new law exposes a GOP intent to suppress the vote on the basis of class as well as race not only in South Carolina but in the spate of similar photo ID laws that are being pushed in state after state by the GOP, and supported by their paid partisan shills in the right-wing media...

We don't usually offer much space here to sex scandals, unless, in some cases, they demonstrate, for example, blatantly offensive hypocrisy in regard to everyone else's civil rights (talking to you, disgraced former Sen. Larry Craig (R-ID)) --- or, as in the case of disgraced now-former Sen. John Ensign (R-NV), charges of blatant criminality.

The details out of the bi-partisan, unanimously approved 68-page report released late yesterday by the U.S. Senate Ethics Committee --- which usually does absolutely nothing --- referring the Ensign case to the Dept. of Justice and the FEC for criminal prosecution are stunning, and much worse than previously understood.

In their letter to the DoJ [PDF] the Committee's Chair and Vice-Chair, Senators Barbara Boxer (D-CA) and Sen. Johnny Isakson (R-GA) respectively, refer the matter...

But even that damning summary of wrong-doing fails to adequately describe the offensive squalor at the heart of this mess, as you'll see below.

Moreover, another reason worth mentioning the whole scandal here: there may be at least one scofflaw still on the loose in regards this matter, still serving in the U.S. Senate --- namely, Sen. Tom Coburn (R-OK), one of the very few involved in this extraordinarily ugly, sad and shameful scandal to have, so far, gotten off largely scot-free despite his apparent role in attempting to cover it all up for his friend Ensign.

Finally, there is still one more reason to mention all of this: to highlight the fact that Ensign has now been replaced in the U.S. Senate by the scofflaw, and lying, former NV Secretary of State Dean Heller. Be sure to read on below for details on him and how he too has been allowed to avoid accountability for years despite having, in 2004, illegally certified the 100% unverifiable e-voting systems now used across the state of Nevada (and also used to elect him to the U.S. House of Representatives in 2006.)

Rachel Maddow did a fine job of summarizing the remarkable Senate Ethics Committee report on Ensign on Thursday night, so we'll happily allow her to do so again below, as we're buried in several other stories ourselves at the moment...

[Note: This piece was originally written for and published by Truthout earlier this week, prior to escalated, and often breathless, allegations now being made from the Right of "voter fraud!" and "election theft!" by the Reid campaign in NV. Many of those claims are baseless and evidence-free at this time, though some have roots, at least, in legitimacy. The article which follows offers evidence for the legitimacy of some of their claims. But I will try, if time allows, to post another piece soon, separating important fact from irresponsible and even sometimes silly fiction in many of GOP/Fox/Drudge/Breitbart-fueled allegations in NV. - BF]

Sharron Angle should start filing the lawsuits right now. Then again, so should Harry Reid. However, it might be a bit more difficult politically for the Senate majority leader, given the undeserved support Reid has shown in the past for Nevada's 100 percent unverifiable, error-prone, hackable, illegally-certified, electronic voting systems the state forces all voters to use at the polling place.

Given that the Angle/Reid contest in Nevada is likely to be among the closest - and most closely-watched - races for the US Senate this November 2, both parties would be wise to get to court and file for an order to ensure all of the hard drives, flash memory chips and memory cartridges to be used in their electronic voting machines during both early voting and on Election Day are securely retained for 22 months after the election.

The federal law requiring as much, Retention of Voting Documentation (42 USC. 1974 through 1974e), has, however, never been followed in any state to my knowledge, at least in regard to the sensitive memory cards and hard drives from electronic voting systems. Those devices hold both ballot programming and the way the computers have recorded - accurately or not - the way voters have voted. They might also hold the only evidence of any system malfunction or malfeasance. Nonetheless, officials routinely scrub those materials not long after the polls have closed. Key evidence - perhaps the only actual evidence - of how voters had hoped to vote and of any obstruction to that intent, is thereby lost forever.

The voting machine still used across the Silver State - the horrible, hackable, failure-prone Sequoia AVC Edge touch-screen voting machines with VeriVote "paper trail" printer add-on - has a storied history. There is also a recent history of very close elections in Nevada. Consequently, both candidates would be wise to bring on experienced Election Integrity experts to advise them in what can and will go wrong with those voting systems this year.

Unfortunately, while Reid seems to have long been in denial about the unverifiability and outright failure of the systems used in his state, Angle has likely been duped into buying into her own party's propaganda about "voter fraud," when the real problem is election fraud ... or just plain failure. Particularly in Nevada ...

-- Brad Friedman, The BRAD BLOG

Aaaand here we go again. Our first report of touch-screen vote flipping of the year during early voting. And, for an added twist, this time it's Texas Republican Gov. Rick Perry who seems to be getting screwed by the 100% unverifiable ES&S iVotronic touch-screen voting system in question.

Most such reports of touch-screen vote-flipping or vote-hopping, historically, have been from Democratic voters seeing their votes flip to candidates of other parties, though there have been isolated reports over the years of Republican voters experiencing the very same problem. Indeed, another report has been published today from a voter in Collin County, TX, who says his vote flipped from Democratic gubernatorial candidate Bill White over to the Republican Perry.

The Dallas incident was posted as a YouTube video by programmer Don Relyea and began to go viral early this morning, before being set to "private," presumably by Relyea, at YouTube a few hours ago. So, unfortunately (for now), we're unable to show the video itself, though we watched it several times this morning before it was made unavailable, and have a step-by-step analysis of precisely what is seen in the video, as detailed by an Election Integrity expert who reviewed it a number of times to explain what is actually seen in it.

The removal of the video, seemingly shot via a cell phone camera, may be due to Texas law barring recording equipment of any kind in polling places. Dallas County Elections Administrator Bruce Sherbert told The BRAD BLOG that he has now referred the matter to the District Attorney for investigation, not due the purported incident of vote-flipping, but rather due to Relyea's video-taping of the event.

Sherbert's explanation for what is seen in the video, however, downplays the purported problem and does not appear to sync up with what is actually seen in the video supporting Relyea's contention that his attempted vote for Perry was being inappropriately flipped to a number of Green Party candidates on the ES&S iVotronic system...

On Tuesday, the St. Louis Post-Dispatch published an OpEd by Cynthia Richards and Phillip Michaels of the non-partisan election integrity organization Missourians For Honest Elections.

We don't normally do this, but since the entirety of the piece was so tremendously good; and, since it's so rare to see such an on-target OpEd on this topic in any major corporate news outlet; and, since St. Louis is our old hometown; and, since we've met with the MoHonest folks on a number of very pleasant occasions; and, since St. Louis County, the largest in MO, still shamefully uses 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the oft-failed ES&S outfit in no small part because of this blog and this blogger's father; and, since the City of St. Louis still shamefully uses 100% unverifiable DRE systems made by Diebold; and, since much of the rest of the important "swing state" still shamefully uses similarly 100% unverifiable voting systems; and, since both fake "voting rights advocate" (really, top GOP vote suppression scam artist) Thor Hearne, and Bush's horrific U.S. Election Assistance Commission chair (now, Internet Voting huckster) Paul DeGregorio both live there and don't give a damn that voters in the state use such oft-failed, easily-manipulated, fully-unverfiable voting systems; and, since more people are likely to read the full article here than at the the Post; rather than just linking to the editorial, or quoting a few grafs, we're gonna run it in full below.

Please read it, and consider writing similar for your major newspaper in your hometown (and then watch them not publish it)...

Canadian-based Dominion Voting Systems has quietly announced its second acquisition of a major U.S. voting machine company in as many months and, right out of the gate, they've lied about it. Not an auspicious beginning for the company which may now, virtually overnight, have become the dominant private e-voting machine company in this country.

In our recent breaking coverage detailing the SEC's fraud lawsuits filed against Diebold and a number of their top executives --- including their former Chief Financial Officer who, as we reported exclusively back in 2007, was the top earner from an apparent insider sell-off at the company just days before its stock would plummet from its all-time high on the announcement of spinning off their troubled election division to a "new" company renamed Premier --- we noted that Diebold/Premier's assets had recently been purchased by a small Canadian firm by the name of Dominion Voting. But Dominion hasn't stopped there.

Their purchase of Diebold/Premier's assets was actually made from ES&S, the world's largest voting machine company, who was forced to divest of the assets they'd purchased from Diebold (previously, the second largest voting machine company in the country) for $5 million last year, as part of an anti-trust suit settlement with the DoJ.

In our coverage, we noted the comment of Dominion CEO John Poulos who, in the company's press release [PDF] announcing the Diebold/Premier asset acquisition, stated ominously: "We are extremely pleased to conclude this transaction, which...will allow Dominion to expand its capabilities and operational footprint to every corner of the United States."

Indeed, the DoJ-scuttled ES&S merger with Diebold/Premier had been legally challenged since, among other reasons, the merger of the largest e-voting company with the country's second largest would have given a single company control of at least 70% of all votes cast in the nation.

What we had replaced for length, however, with the ellipses in Poulos' quote above, was this [emphasis added]: "We are extremely pleased to conclude this transaction, which will restore much-needed competition to the American voting systems market and will allow Dominion to expand its capabilities and operational footprint to every corner of the United States."

How much is Poulos actually interested in "restor[ing] much-needed competition" for "the American voting systems market"? Apparently not so much, as according to a company press release [PDF] quietly issued late in the afternoon on Friday, June 4th, Dominion has now also acquired what had previously been the third largest voting machine company in the U.S., Sequoia Voting Systems.

Not surprisingly, that late Friday announcement didn't say anything at all about "competition".

Worse, as The BRAD BLOG has confirmed, the new press release from Dominion simply lied about what the company has and hasn't purchased from Sequoia, a company which had lied themselves, for years, about the real ownership of its proprietary voting systems...