The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.

This is really rather astonishing.

After having been told by two federal courts --- a U.S. District Court in late August and then a 3-judge panel on the U.S. 6th Circuit Court of Appeals just last week --- that the Ohio GOP's attempt to restrict Early Absentee Voting in the final three days before Election Day, for all but active-duty military voters, is an unconstitutional violation of voting rights, disproportionately effecting low-income and minority voters, the state's Republican Sec. of State Jon Husted is, nonetheless, appealing the rulings yet again.

This time, Husted is skipping an appeal to the full 6th Circuit and going directly to the U.S. Supreme Court.

In a statement issued today, Husted describes last week's ruling at the Appellate Court, upholding the lower court's ruling, as "stunning" and an "unprecedented intrusion by the federal courts into how states run elections." (Perhaps Husted was out of the country for Bush v. Gore in late 2000?)

At the core of Husted's complaint is the fact that, by overturning the GOP's restrictions on Early Voting for all but active-duty military, so that all eligible voters can vote during those days, Ohio's 88 county Boards of Election will once again be able to set their own hours for voting over those days. That, argues Husted (disingenuously, for reasons explained in a moment), will lead to a lack of uniformity across the state.

"This ruling not only doesn’t make legal sense, it doesn’t make practical sense," Husted says in his statement announcing his plan to appeal today. "The court is saying that all voters must be treated the same way under Ohio law, but also grants Ohio’s 88 elections boards the authority to establish 88 different sets of rules. That means that one county may close down voting for the final weekend while a neighboring county may remain open. How any court could consider this a remedy to an equal protection problem is stunning."

While Husted's remarks about the possibility of differing hours for Early Voting in differing Ohio counties, strictly speaking, are correct, they are also purposely misleading and, more to the point, entirely disingenuous...And Husted knows it...

Via Ryan Reilly at TPM:

In short, the attempt by Ohio Republicans to keep Democratic-leaning voters, who turned out in droves to support Obama in 2008 on the final weekend before Election Day from voting, has failed yet again.

A 3-judge panel on the 6th Circuit of Appeals has upheld, as our legal analyst Ernie Canning describes it, "every aspect of" the lower court's ruling in August. The ruling comes as yet another stinging defeat for Ohio Republicans and Sec. of State Jon Husted (R) and their attempt to restrict voting rights in the Buckeye State. The 6th Circuit Court of Appeals ruling is available here [PDF].

This case began as an attempt by the Obama campaign and Democrats to restore voting rights removed by Republicans, for no reason other than to disenfranchise voters. It became widely public, as a blatant lie by the editor of Breitbart.com who lied about Obama attempting to keep military voters from being able to vote. It was then advanced by Fox "News" and even the Romney campaign who repeated the lie, and it all recently culminated in an apology to the court by Ohio's Secretary of State who had attempted to ignore the lower court's ruling which was ultimately upheld today.

Despite all of those embarrassments, and today's latest court victory, there remains a bit of wiggle room for the OH GOP if they still wish to attempt to keep voters --- or, as the Republican Party Chair and Election Board Commissioner of Franklin County (Columbus), OH put it, " the urban --- read African American --- voter-turnout machine" --- from exercising their right to vote during the final three days before the November 6th Presidential Election...

Secretary of State Jon Husted (R) has apologized to a U.S. District Court judge who ruled against him last week, after the Secretary appeared to have tried to undermine the court's ruling, pending an appeal by the U.S. Sixth Circuit Court of Appeals. The apology came in a motion today, after Husted was ordered by the judge to personally appear for a hearing next week.

As we reported last Friday, U.S. District Judge Peter Economus ruled in favor of a lawsuit filed by the Obama campaign and the Democratic Party, finding that Ohio's restriction on Early Voting in the final three days before the election --- for all but active-duty military --- was a violation of the U.S. Constitution's Equal Protection Clause.

In his ruling [PDF], Economus ordered the Secretary of State to restore Early Voting "on the three days immediately preceding Election Day for all eligible voters," just as it had been successfully implemented during the 2008 election, as the previous Sec. of State Jennifer Brunner, a Democrat, described to us during a recent interview. At the same time, the judge had also instructed the Buckeye State's current Secretary to "direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with [Husted's] earlier directive that only by doing so can he ensure that Ohio's election process is 'uniform, accessible for all, fair, and secure.'"

In response, rather than issuing a directive with uniform hours for voting in those three days before the November Presidential election, Husted issued a Directive on Tuesday notifying the state's 88 county Boards of Election that they should not establish hours for voting in those days, as the state was filing an appeal in the case.

"Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity," Husted wrote in the Directive, adding, "I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state."

This afternoon, after being summoned to court in response to that Directive, Husted rescinded it and the state filed a motion [PDF] apologizing for what was interpreted as him having attempted to place his own personal stay on Economus' order. "The Secretary apologizes to the federal district court for creating that misimpression and has rescinded [the] Directive," the state writes in the motion, which seeks an official stay on the ruling, pending the Sixth Circuit's expedited appeal...

The recent spate of federal court victories in favor of voting rights across the nation continued today, as a U.S. District Court judge in Ohio sided with Democrats and the Obama campaign, finding that the removal of in-person Early Voting for all voters on the final three days before Election Day in the Buckeye State was an "arbitrary" decision made by the state's Republican lawmakers and Secretary of State.

The removal of in-person Early Voting in those last three days before the election --- when some 100,000 voters had cast their votes in the state during the 2008 Presidential Election --- for all but active-duty military voters, is likely to "irreparably harm" the voting rights of "low-income and minority voters [who] are disproportionately affected by the elimination of those voting days," according to the ruling by U.S. District Judge Peter Economus [PDF].

The ruling is another major win for Ohio voters, as the judge ruled in favor of the Democratic complaint seeking a temporary injunction on the state's new voting restrictions.

Through a convoluted series of legislative actions by Republican state lawmakers and rulings by Sec. of State John Husted, which we detailed earlier this month, Ohio had restricted Early Voting on the final weekend before the Tuesday election to all but active duty military voters. We also explained in that same article how the Romney campaign --- based on a false assertion initially posited by the Republican propaganda website Breitbart.com and subsequently forwarded loudly by Fox "News" --- argued dishonestly that the Obama campaign was attempting to "undermine" and restrict voting rights of the military, which the GOP nominee described on his Facebook page as an "outrage".

In fact, as the very first paragraph of the Obama complaint [PDF] made quite clear, the Democrats were not attempting to restrict the rights of military voters, but, in reality, suing to "restore in-person early voting for all Ohioans during the three days prior to Election Day," including for some 900,000 veterans in the state whose rights had similarly been removed by the Ohio Republicans.

Today, the Democrats' argument prevailed in federal court, as Economus found that "Plaintiffs have a constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis with all Ohio voters, including [active duty military] voters"...

Otherwise valid provisional ballots cast at the wrong precincts in Ohio, through no fault of the voters, must be counted, according to a ruling issued by a federal judge on Monday.

The decision, which otherwise seems like common sense, comes in the wake of tens of thousands of provisional ballots going uncounted after the 2008 Presidential election thanks to a provision in Ohio law which discards such ballots, even in the case where a poll worker has improperly instructed a voter to cast his or her ballot in the wrong place.

The ruling is a defeat for Ohio's Republican Sec. of State who, after working towards inclusiveness and voting rights earlier in his tenure, seems to have taken a hard right turn in many of his decisions of late, as the Presidential Election nears.

As we noted last month, an investigative report by the Cincinnati Enquirer's Barry M. Horstman found that some 40,000 provisional ballots cast in the 2008 general election were never tallied, even though many of them were cast in the right polling place, but at the wrong "precinct" table, as precincts have been combined into the same building over the years in the Buckeye State.

A voter might line up to vote at the wrong table/precinct, for example, only to be told they weren't found on that precinct's voter rolls and, rather than be directed by the poll worker to the correct "precinct", instructed to cast a provisional ballot at that table instead. That vote, before Monday's ruling, under existing Ohio law, would go uncounted. Many of those provisional ballots were cast in predominantly Democratic-leaning counties.

The Enquirer warned in their report last month that "tens of thousands of ballots are likely to be disqualified" once again in the key swing-state, during the 2012 Presidential election unless the provision was changed, as recommended by state election officials after the 2008 election.

On Monday, U.S. District Judge Algenon L. Marbley, citing Bush v. Gore of all things, ruled against Ohio Sec. of State Jon Husted (R), whose spokesman responded: "We respectfully disagree with the judge's ruling and will likely appeal."

Marbley found that Husted's belief that such ballots should not be counted "belies a fundamentally misguided view that the state need not protect the right to vote of individuals who, for any number of reasons, are required to cast a provisional ballot"...

With the partisanship heating up in the battle for voting rights in Ohio again this year --- as Republican Sec. of State John Husted actually threatens to fire two Democratic Board of Election officials in Montgomery County for daring to vote in favor of expanded Early Voting hours --- it seemed a good time to check in with the former Sec. of State Jennifer Brunner (D).

All of this comes on the heels of the Obama Administration suing to restore Early Voting for all on the last three days before the election, which Republicans are now allowing only active duty military members in Ohio to do, and after previous rulings by Husted resulted in expanded Early Voting hours in Republican-leaning counties, and no expanded Early Voting hours in the largest Democratic-leaning counties.

Brunner (author of the forthcoming Cupcakes & Courage) joined me on today's BradCast on KPFK/Pacifica Radio here in Los Angeles and offered some inside skinny on what she did in 2008 to help correct the 2004 disasters that plagued the state during that year's Presidential election debacle under her horrible predecessor, J. Kenneth Blackwell (R) --- who also served as co-chair for the Bush/Cheney re-election campaign while serving as the state's chief election official --- and what now seems to be going on under her successor Husted, as he limits Early Voting hours across the entire state, despite the great success it has been up until now for voters there.

She explained the constitutional powers of the Ohio Sec. of State and told me she believes the attempt by Republicans to shorten weekend Early Voting hours --- which were allowed as recently as this year's primary elections in Ohio --- was "clearly aimed at 'Souls to the Polls'," the effort by African-American churches to encourage their congregations to get out and vote on the Sunday before the election.

The result of all of this right now, as the former Secretary of State understated it during our conversation: "A bit of a donnybrook in Ohio."

I asked for her response to the remark by Doug Preisse, Chair of the Franklin County Republican Party and a member of the county's Board of Elections when he said he felt "we shouldn't contort the voting process to accommodate the urban --- read African-American --- voter-turnout machine." She said she felt that that --- and his response to Democrats' charge that Republicans are trying to suppress the vote is "bullshit, quote me" --- was all "very unfortunate."

"We're already in a rancorous climate, starting from Congress and the Presidential election on down," she said. "Why stir up the pot and pit voters against each other? Enough of that was done in 2008. There was so much political capital spent in 2008 on whipping up these fake allegations of voter fraud and now four years later, people realize --- what were there, ten cases around the country since 2000? --- this is so unnecessary."

"The bottom line is," she continued, "voting is not a partisan issue. It should never be a partisan issue. Having control of the rules is not political booty. It really should be a place where everyone walks into that room, they drop their partisan cloak, they stand up, they act like grown-ups, and they say 'Let's do what's fair, because our future depends on it.'"

All of that, and more, follows in today's BradCast...

Download MP3 or listen online below [appx 58 mins]...

No, the Obama Campaign is not attempting to keep military voters from voting, no matter how much the Romney Campaign and their surrogates in the media and on Fox "News" are willing to shamelessly lie about it for ugly partisan purposes at the expense of electoral democracy.

The whole story appears to have begun as little more than another hoax by the Andrew Breitbart scam artists and, as always, the mainstream corporate media have fallen for it, as if it's a legitimate story. So here's what's actually going on, since the MSM seems incapable of explaining to you.

Following the disastrous, partisan and arguably criminal oversight of the 2004 Presidential Election in Ohio by then Republican Sec. of State J. Kenneth Blackwell (in any other era in our nation's history, people would have gone to jail for what happened there), when a wildly and purposefully disparate distribution of voting machines led to Election Day voting lines of anywhere from 2 to 12 hours, mostly in Democratic-leaning jurisdictions, reforms were enacted to make it easier for all voters to cast their legal vote in the Buckeye State.

After the 2004 debacle, the law was changed in 2005 to allow for any voter to vote by absentee ballot, without an excuse, including by "early in-person absentee voting" at polling places in the weeks leading up to Election Day. Hundreds of thousands of Ohio voters took advantage of this new opportunity to cast their vote, helping to radically increase turnout, including during Early and Absentee voting in subsequent years:

In the 2008 election, in the three days prior to Election Day, some 93,000 voters in the state took advantage of their ability to cast a vote over the weekend just before the Tuesday election. Many of those voters, according to a University of Akron study of Early Voting in Ohio [PDF], were voters who might have trouble voting on Election Day, because they were working that day, or were elderly and unable to wait in long lines. African American churches encouraged voters to head to the early polls after church on the Sunday before the election, during a so-called "Souls to the Polls" effort.

This, Republicans legislators in Ohio determined, had to be stopped. And so they did. Or tried to, by passing HB 194, shortening the period of early voting for all Buckeye State voters, and adding other restrictions to make it more difficult for legal voters to cast their legal vote and have it counted.

The people of Ohio then rose up against HB 194 by turning in almost 100,000 more signatures than the number required to forestall the implementation of the new voting restrictions and to place the law --- which had passed on party lines by the Republican-controlled legislature before being signed by the state's Republican Governor John Kasich --- onto the November 2012 ballot, where the people could decide whether or not they wanted the new restrictions on voting rights.

But a funny thing happened on the way to that November 2012 Referendum. The state Republicans came up with a bit of a work around, at least for active duty military voters (who, we are told, tend to vote Republican, rather than Democratic). And while the Obama Campaign and fellow Democrats are busy trying to ensure that all voters, not just active duty military voters in Ohio get to enjoy Early Voting in those three days before the Election, the Romney Campaign has continued their extraordinary record of simply lying about everything.

That's not a partisan observation. That's just a fact. And for anyone in the media to suggest otherwise, in regard to this story, amounts to little more than journalistic malpractice at very best, and, more accurately, an insidious act of blatantly cynical partisanship disguised as "journalism" at the expense of the very core of our (small "d") democratic system of governance.

Such insidious acts of blatantly cynical partisanship disguised as "journalism" is, of course, what the folks at the late con-man Andrew Breitbart's website do best...

The great John Fugelsang (one of Twitter's best follows!) joined me in studio today on KPFK/Pacifica Radio's The BradCast.

We discussed any number of things political --- from his smash hit Sexy Liberal Comedy tour and album with progressive radio & Current TV's Stephanie Miller and Hal Sparks; to his "minor historical footnote in a very ugly, sad Presidential campaign" after asking the question of Mitt Romney's campaign director on CNN which elicited the infamous "Etch-a-Sketch" answer; to his big announcement this morning that he'll be launching his own nightly primetime show on Current TV beginning this fall; and much more to boot.

John's a pal, and one of the smartest guys in media. Period. Good hire, Al Gore! He was kind enough to stick around with us for the hour, as we were joined by Mark McCaffrey of the National Center for Science Education to discuss this week's bombshell: The Koch Brothers-funded(!) scientist and former climate change skeptic, Professor Richard Muller, coming out to confirm his recent findings that global warming is, in fact, "real" and that "humans are almost entirely the cause."

Plus, I enjoyed a bit of a rant on the newest news from the PA GOP's crumbling polling place Photo ID restriction scam, a visit from Green News Report's Desi Doyen, and an "apology" to the National Rifle Association after having called them the "terrorist-enabling NRA" during last week's BradCast...

Download MP3 or listen online below [appx 58 mins]...

Setting aside for a moment whether or not the ballots of Ohio voters were and are counted accurately, a new investigative report by the Cincinnati Enquirer's Barry M. Horstman finds that some 40,000 provisional ballots cast during the Buckeye State's 2008 Presidential election were never even counted at all.

Worse, thousands of them, as the paper details, were disqualified due to no fault of voters...

The report goes on to warn that, unless there are changes made to the state's election laws and procedures --- including the implementation of changes recommended by state election officials after the 2008 contest --- "tens of thousands of ballots are likely to be disqualified" in the key swing-state, once again, during the 2012 Presidential election...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

Guest blogged by Ernest A. Canning

The Association of Community Organizations for Reform Now (ACORN) has won a substantive victory on behalf of the voters of Ohio --- perhaps hundreds of thousands of them --- via a court case filed in 2006, challenging a number of voter suppression tactics employed by the state's then Sec. of State, J. Kenneth Blackwell (R).

The victory may lead to the enfranchisement of "hundreds of thousands of voting-eligible low-income Ohioans" according to one of the attorneys involved in the case, yet it looks like Fox "News", Matt Drudge, and all of the other Rightwingers may have forgotten to post a thank you note to ACORN this week for their successful battle to strengthen the growth of democracy in the U.S....

Guest Blogged by Rebecca M. Abrahams

On December 18, 2008, Bush IT expert Mike Connell, a highly skilled pilot, was killed in a sudden crash while flying his small aircraft from Washington DC to his Akron/Canton home airport. The cause of the crash is still unknown and under investigation by the National Transportation Safety Board.

For more than ten months, Connell's family has been coping with feelings of disbelief, anger and confusion and has many unanswered questions about the man they knew and loved.

For Connell's widow Heather, holding her husband's New Media consulting firm together is a daily struggle.

"The more I learn about the crash the more sick it makes me - the destruction of the plane. I found a pack of the I-pod ear buds in a tree. I'm obsessed with the Blackberry. I don't have the Blackberry. I have his backpack. I have his paperwork, his schedule. None of his paperwork is burned up. One of his prayer books burned on the outside. I think there was a lot thrown from the plane."

Although mainly un-reported, there's a great deal of controversy surrounding Connell's death - largely in part because he was the architect of many Republican websites including GeorgeWBush.com and GWB43.com, the site Karl Rove used for 95% of his email correspondence. Connell was also considered a key witness in the election fraud lawsuit King Lincoln Bronzeville Neighborhood Association v. Blackwell. The suit implicates Former Ohio Secretary of State Kenneth J. Blackwell, Karl Rove and others of 2004 election night vote rigging.

Attorneys in the case believe that Connell, who had not been accused of any wrongdoing, had firsthand knowledge about the missing White House emails and Rove's alleged wrongdoing with respect to the 2004 Presidential election.

His wife, and those attorneys, are not the only ones still focused on questions about what actually happened to Mike Connell nearly one year ago, and in the years prior...

For various reasons, now seems a good moment to mention that The BRAD BLOG was honored this year with a prestigious Project Censored 2010 award for our coverage of the mysterious death of the GOP's IT guru Mike Connell. Connell, for those unfamiliar with the story (see background links at bottom of this article) was in the process of testifying about his rumored role in helping the GOP carry out fraud in Ohio's '04 Presidential Election when he was then reportedly threatened by Karl Rove. Weeks later he suddenly plunged to his death in a single-engine plane crash just before Christmas last year as he was preparing to land near Akron, on his way home from one of his frequent trips to D.C..

My colleagues Mark Crispin Miller and Larisa Alexandrovna and Muriel Kane were also honored by PC for their own coverage of the story.

Project Censored, based out of Sonoma State University, has been highlighting overlooked stories each year since 1976, and was recognized by Walter Cronkite as "one of the organizations that we should listen to, to be assured our newspaper and our broadcasting outlets are practicing thorough and ethical journalism."

In addition to our "Excellence in Investigative Journalism" award from PC this year, as highlighted in their annual "Top 25 Censored Stories for 2010," I was also asked to write a chapter on problems faced by voters in Election 2008 for this year's book, Censored 2010: The Top 25 Censored Stories of 2008-09.

Co-Editors Peter Phillips and Mickey Huff have been kind enough to offer us a number of signed copies at a reduced rate so that we can offer them as premiums to readers of The BRAD BLOG to help continue our work here.

The 9,000 word chapter I wrote for the book is titled "Election 2008: Vanishing Votes, Disappearing Democracy and Media Misdirection" and includes sections named "And You Lose Your Vote! And You Lose Your Vote! And You Lose Your Vote!..."; "First Worst in the Nation"; "America Flips Out, Media Barely Notices, Parties Barely Care"; "Democrats Nowhere to be Found"; and "Pay No Attention to the Man Behind the Curtain."

If you'd like a copy of this great book (Makes a great holiday gift! I'll sign it as well, if you wish!), chocked full of important, overlooked stories from the last year or so, along with follow-ups to them --- and a lot of real information on the story of Election 2008 seen here for the first time in print --- please do one of the following:

• Donate $50 or more to The BRAD BLOG
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Your support is greatly appreciated, and tremendously needed, as we receive no foundational or corporate support for our work here! Your contributions are largely the only thing that keep us going! So thank you in advance for any help here!

Links to The BRAD BLOG's most recent coverage of the Mike Connell story follows below...

A few developments this week in the case of Mike Connell, the GOP IT guru who died in a single-engine plane craft last December, just after being forced to testify in a long-standing OH 2004 voting rights case, but before the case could come to trial. As The BRAD BLOG has long covered both the lawsuit, and Connell's central role, I wanted to make sure the new developments were noted here. Forgive my quick copy and paste, necessarily, given the circumstances of the week which still have me otherwise distracted in many ways. Background links on the entire Connell story are included at the end of this item...

First via RAW:

There were a few other notable tidbits from Bill Lueders' original report in Wisconsin's The Daily Page...