First up, after a bit of happy news for voters in Vermont and some more Luciferian news for the GOP, we continue to mop up from the ongoing 2016 Primary Election messes, as questions about the reported results in Arizona and Delaware (among many other states) remain.
Thousands of Bernie Sanders votes appeared to "disappear" in Sussex County, Delaware during tabulation of Tuesday's Primary (as described on yesterday's show). We finally receive an answer or two from the Delaware State Elections Commissioner Elaine Manlove about what might have happened. In short, without saying so directly, she chalks up the apparent disappearance of some 4,000 reported votes — as captured via results screenshots from Washington Post, The Guardian and elsewhere — to a clerical human error by the Associated Press, from whom many media outlets take their numbers on Election Night.
While her explanation — which I share in full on the show — has the ring of truth to it, the fact is that Delaware uses 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) systems across the entire state. And, as her answers make clear, while certain FOIAs can be filed, there is really no way for voters to ever know that any of the reported results from Tuesday actually reflect the will of the voters. Tune in for the complete details and explanation and, yet again, why DRE voting machines can never satisfy a justifiably skeptical public hoping to be able to oversee their own public elections.
Then, I'm joined by longtime election integrity champion Emily Levy, who worked with the transpartisan EI group AUDIT-AZ on the lawsuit filed just after Arizona's disastrous March 22nd Primary, when voters across Maricopa County (Phoenix) faced hours long lines to vote. The problems occurred after County Recorder Helen Purcell radically decreased the number of polling places from 211 in 2012, to just 60 this year. The suit also sought to obtain answers to reports by some voters that registrations had mysteriously switched from Democratic to independent (thus, preventing those voters from casting a normal ballot in the state's closed Primary).
After two days of disturbing testimony "in a courtroom packed with voters and elections officials," including Purcell, Maricopa County Superior Court Judge David Gass dismissed the case on the basis that plaintiffs didn't offer proof that the election results would be overturned if they were allowed to proceed with discovery and a full trial.
Levy tells me the judge failed to rule on the Constitutional issues raised in the suit, and focused only on the state's Election Code "which apparently requires that we be able to — in the 5 days we have between certification of the election and the deadline to file a case — prove exactly what the problems were, and that they would have affected the outcome of the election."
"The election code really needs to be changed, because we need to have the ability to contest elections in meaningful ways," she says, adding: "I've seen the same thing in other states." As have I. Both the AZ and DE stories discussed on today's show underscore why it's so important to get election procedures and processes right before an election, rather than waiting until afterword, when it's generally too late to do anything about it. It's also another reminder why the Voting Rights Act — which used to allow for that in some locations, like Maricopa — needs to be restored after being gutted by the U.S. Supreme Court in 2013.
In the meantime, the legal complaint filed by the DNC, as joined by both the Clinton and Sanders campaign, along with a separate investigation by the DoJ, both continue to move forward. AUDIT-AZ's official response to the dismissal is posted, along with declarations and other documents from the case, on their website, ElectionNightmares.com. Finally, we close today with Donald Trump going "nuclear" over climate and much more in our latest Green News Report with Desi Doyen.
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