Guest editorial by Ernest A. Canning
Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...
w/ Brad & Desi
w/ Brad & Desi
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NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
GOP Voter Registration Fraud Scandal 2012...
The Secret Koch Brothers Tapes...
|MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES...|
Guest editorial by Ernest A. Canning
Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...
I was back on RT TV this afternoon (this time, without a wingnut loon to waste our time), to discuss the GOP caucus chaos over the weekend in MO, where Ron Paul supporters stood up for themselves, rather than allowing the Republican establishment to railroad them.
Once again, the host was RT's Liz Wahl. Here's what happened today...
438 756 comments on this video at YouTube in the 3 18 hours since it was posted there, where it has now been viewed more than 10,000 times during that period.
By the way, for those who have asked over there, the complete videos of what happened on Saturday in St. Charles, MO and the Saturday before that in Clarke County, GA, as referenced in the conversation above, are all posted right here.
Also, Brent Stafford, the Ron Paul supporter who was arrested outside the aborted GOP caucus in St. Charles, MO over the weekend, will be my guest on my KPFK/Pacifica Radio show Wednesday at 3p PT. It will stream live right here.
UPDATE 3/2/12: My KPFK/Pacifica interview with Stafford, mentioned above, is now posted here.
Guest blogged by Ernest A. Canning
On Friday, an intermediate Wisconsin appellate court denied a request made by WI Attorney General J.B. Van Hollen (R), on behalf of Gov. Scott Walker's administration, to stay an order issued earlier this month by a Dane County Circuit Court that temporarily suspended the state GOP's polling place Photo ID law.
In Milwaukee Branch of the NAACP v. Walker --- the first of two cases within the past two weeks to result in an injunction on the voting restrictions, known as "Act 23," enacted by a Republican-majority last year --- Judge David Flanagan temporarily enjoined [PDF] enforcement of the law on the grounds that it was in violation of the WI Constitution's guaranteed right to vote.
As of now, that injunction will still stand. In the bargain, local election officials are now seeking to comply with Judge Flanagan's order, so that Photo ID will not be required at the polls in the statewide April primary elections, upcoming recall elections scheduled for May and June, or for the 2012 general election this November.
Unless the denial of a stay is promptly reversed by the partisan Republican majority on the WI Supreme Court, the ruling could have an immediate adverse impact on the ability of the state's controversial Governor, Lt. Gov. Rebecca Kleefisch and the Republican state Senators facing upcoming recall elections to retain office...
State Sen. Pam Galloway --- one of four Wisconsin Senate Republicans scheduled to face upcoming recall elections in the still-redounding blowback from the state GOP's assault on collective bargaining rights last year --- has announced her resignation today.
The result is that GOP's 17-16 majority over Democrats in the chamber prior to today (it had been a 19-14 majority until the first round of recall elections last year) is now gone.
For the moment, the chamber is now evenly split at 16-16. The GOP has lost sole control of the chamber.
Galloway is citing family health issues as the reason for her surprise resignation today. According to TPM's Eric Kleefeld, "Galloway won her Senate seat by a five-point margin in the 2010 Republican wave, defeating the incumbent state Senate Majority Leader in the traditionally Democratic Wausau district." She had been scheduled to face Assistant state Assembly Minority Leader Donna Seidel in the upcoming recall.
As per WI recall rules, the contest for her seat, the three other Senators and the offices of Republican Gov. Scott Walker and Lt. Gov. Rebecca Kleefisch, will move forward as planned. The GOP will be allowed to replace Galloway on the ballot.
The dates for those elections are now set for May 8th and June 5th. The first date will be a recall primary for those races in which there is a contested nomination, otherwise that will be the actual recall election for that seat. The second date would then be the actual recall elections. As the race for the nomination to take on Walker himself is currently being contested by several Democrats, that historic election will be held on June 5th --- coincidentally, the same day as the California Presidential primary elections.
"I'm shaken up. I mean, I've never done anything like this before," 55-year old former U.S. Marine Tim Thompson said after being turned away from the polling place for refusing to show a Photo ID when attempting to vote on Super Tuesday under a new Tennessee restriction on voting rights passed by Republican lawmakers.
Last week, we told you about Thompson and his protest at the same Nashville polling place where he'd voted for years without incident. It was the first state election in TN in which state-issued Photo ID was required in exchange for the right to vote at a polling place.
Though Thompson presented his voter registration card as sent to him by the state, it was not enough under the new law to allow him to vote on a normal ballot. "I've used this for 37 years," the former Lance Corporal is seen on video telling the precinct supervisor at the poll. "This was good enough for my father. This was good enough for my grandfather, and I refuse to show you a picture ID," he said.
The new law was passed in TN despite tens of of thousands of legally registered --- disproportionately Democratic-leaning --- voters who lack the requisite ID now needed to vote. Many of them are likely to be disenfranchised this year. Among such voters we've reported on previously in the state: 96-year old Dorothy Cooper and 93-year old Thelma Mitchell, to name just two who had been able to vote for decades there without a problem --- even through the Jim Crow era --- until this year.
Thompson's complete confrontation with the poll worker can be seen in video we published here last week. The story was also picked up by a number of local media outlets and, later that night, by Rachel Maddow on MSNBC. Part of it was played during an appearance we made on RT TV, as seen around the world, earlier this week.
Today, documentary filmmaker David Earnhardt, director of the award-winning Uncounted: The New Math of American Elections, shares his behind-the-scenes video of what happened before, during and after Thompson's protest. [FULL DISCLOSURES: Earnhardt happens to be the brother-in-law of Thompson, and we happen to appear in Uncounted, but it's an excellent film anyway.]
This short and inspiring documentary offers insight into the reasons for Thompson's protest. He explains that he hopes his fight to help restore the rights taken away from Tennessee voters may inspire others to stand up for our democracy, both in his state and elsewhere around the country where similar restrictions have recently been enacted.
In this video, Thompson is seen explaining to media on hand to interview him after he'd left the polling place last Tuesday: "When I took my oath, it was for all people, all Americans --- Republican, Democrat, black, white. It didn't matter what color you were or what religion you believed in. It didn't matter. It was for all Americans. That's what Marines fight for."
"I was willing to sacrifice my vote to stand up today and represent all the people that's not going to be able to vote," says Thompson. "Don't let your right to vote stop because these politicians have passed a law that limits your vote, that's exactly what they want to do"...
But there is now more to the inspiring story, underscoring again how one person standing up for their rights really can make a difference...
Just heard from Mike Malloy, who's a bit under the weather today, asking me to fill in on his nationally-syndicated Mike Malloy Show tonight. So, as I scramble to prep last minute, I'll leave you all to add the analysis and context for the following item from NPR last week, which was just brought to my attention just last night...
The civil rights organization says the laws are among several measures adopted by some states that violate the human and civil rights of minority voters by suppressing their participation in elections.
The NAACP and other groups also are fighting other election changes enacted by states, such as restrictions placed on third-party groups that register new voters and the reduction of early voting periods. Both measures traditionally have helped increase minority voter turnout.
The United Nations has no authority over American states, of course. And the international organization has often been pilloried by U.S. conservatives concerned about American deference to other nations.
But the NAACP is hoping to exert international pressure on states in the same way it did during the civil rights movement of the 1940s and 1950s, when the NAACP sought the U.N.'s support in combating Jim Crow laws and lynchings in the South.
"The power of the U.N. on state governments historically is to shame them and to put pressure on the U.S. government to bring them into line with global standards, best practices for democracy," NAACP President Benjamin Jealous told reporters Thursday. "There are plenty of examples — segregation of the U.S. to apartheid in South Africa to the death penalty here in the U.S. — of global outrage having an impact."
Very recently related stories at The BRAD BLOG...
3/13/12: VIDEO: Brad v. Wingnut Loon Seton Motley on GOP Photo ID Voter Suppression on Russian TV
3/12/12: DOJ REJECTS TEXAS GOP'S POLLING PLACE PHOTO ID RESTRICTION LAW
3/12/12: Second Injunction, This One Permanent, Issued Against WI GOP's Photo ID Restriction Law
3/9/12: VIDEO: Maddow's 'GOP War on Voting' Update - And an Important Error in Her Report on Ohio...
3/6/12: WI GOP'S PHOTO ID RESTRICTION LAW PLACED ON HOLD IN ADVANCE OF APRIL PRIMARY
3/6/12: Former U.S. Marine Turned Away From TN Poll For Refusing to Present Photo ID Under New GOP Law
3/3/12: DoJ Files Objection in Federal Court to FL's New Early Voting, Voter Registration Restrictions
2/29/12: New Federal Lawsuit Provides U.S. DoJ Golden Opportunity to Challenge Polling Place Photo ID Restrictions Under Section 2 of Voting Rights Act
Guest blogged by Ernest A. Canning
Democrats clearly feel they've got a potent campaign year issue in fighting back against what they've described, justifiably, as the "Republican Party's War on Women." In a fundraising email from Sen. Barbara Boxer's "PAC for a Change," the California Democrat writes:
The email includes a link to a music video meant to support her WinWithWomen2012.com campaign. The webpage for the campaign, described as "a Project of Barbara Boxer's PAC for Change," asks supporters to "Elect the most women Senate candidates in history," and highlights 11 different female Democratic U.S. Senate candidates who are set to be on this year's ballot.
The video, obviously, speaks for itself...
The good news for voters, of late, keeps coming --- at least against the title wave of GOP voter suppression laws instituted around the country by Republicans since taking over legislatures and executive branches in 2010.
In addition to last week's temporary injunction of the Wisconsin's GOP polling place Photo ID restriction, and today's permanent injunction of the same law by a second judge in a separate complaint (both judges found the law in strict violation of the state Constitution's ironclad guarantee of the right to vote), today also saw the U.S. Dept. of Justice blocking a similarly disenfranchising Photo ID restriction enacted last year by Texas Republicans.
Currently, according to data supplied to the DoJ by the state of TX, more than 600,000 legally registered voters do not possess the type of ID that would be required to vote under the law passed last year, as previously set to take effect before this year's Presidential Election.
But it is the discriminatory effect of the new law which led the DoJ to nix the new changes to TX' voting laws.
Finding that the state's own statistics reveal legally registered Hispanic voters will be disproportionately disenfranchised by the TX law --- by anywhere from 46% to 120% over non-Hispanics, depending upon which set of a data submitted by TX is used for the analysis --- the DoJ rejected the statute under Section 5 of the Voting Rights Act. That section of the federal law requires preclearance for new election laws in certain jurisdictions with a history of racial discrimination. Texas is one of those covered jurisdiction.
Today, the DoJ objected to the new law after determining that the state had not met it's "burden of showing that a submitted change [to an election law] has neither a discriminatory purpose nor a discriminatory effect"...
In an unambiguous finding stating that "the legislature and governor have exceeded their constitutional authority" and that "voter fraud is no more poisonous to our democracy than voter suppression," a second Dane County Circuit court in less than a week, has determined that the Wisconsin GOP's polling place Photo ID restriction on voters is in strict violation of the state Constitution.
Today, in his 12-page ruling on the plaintiff's motion for summary judgment, Dane County Circuit Judge Richard Niess found that "Act 23," the new law which strips voters of their right to vote unless they are able to produce a state-issued Photo ID at the polling place violates the WI Constitution's Article III which guarantees the right to vote to all state residents who are 18 and over (Section 1) other than in cases where the legislature may place restrictions on convicted felons and those adjudicated to be incompetent (Section 2).
Niess has issued a permanent injunction on the law today, in a complaint filed last October by the League of Women Voters of Wisconsin arguing that legally registered voters would be unconstitutionally barred from exercising their guaranteed right to vote under the Republican's new restrictive law.
"The motion documents reveal no disputed issue of material fact requiring further evidentiary proceedings. [The plaintiffs] present a purely legal issue ripe for decision," Niess declared in his ruling, stating that Article III of the state Constitution "is unambiguous, and means exactly what it says."
Last week, in response to a complaint filed the Milwaukee Branch of the NAACP, another Dane County Circuit Court Judge, Richard Flanagan, also ruled "Act 23" to be unconstitutional on a similar basis. He had issued a temporary injunction on the law in that case, in advance of the state's April primary elections. A trial is currently scheduled to begin on that complaint next month.
In response to both rulings now, the Republican State Attorney General has vowed to appeal, though both his legal and political basis for doing so may be quickly fading with today's second, nearly-identical finding from a second court.
There are also two complaints pending on a federal basis against the same Republican law in Wisconsin. In none of them has the GOP so far been able to demonstrate a case of voter fraud which might have been prevented by the new law. On the other hand, opponents have detailed a mountain of fact-based evidence demonstrating that otherwise legal voters will ultimately be disenfranchised if the law is allowed to take full effect in advance of this year's Presidential election, and as the state gears up for a new round of recall elections meant to unseat the very Republicans responsible for creating the state's new barrier to voting...
Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.
Here's Maddow's full report...
Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.
Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:
“I had to stop driving, but I got the photo ID from the Veterans Affairs instead, just a month or so ago. You would think that would count for something. I went to war for this country, but now I can’t vote in this country.”
It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...
After a month off for KPFK's latest fund drive, The BradCast was finally back today in its normal Wednesday 3pm slot on Pacifica Radio's L.A. affiliate (and on other fine networks as well.)
On today's show I was joined by Marcy Wheeler of Emptywheel.net to discuss the madness of Obama's policies for targeting U.S. citizens as "terrorists" without due process, as discussed by AG Eric Holder earlier this week; a Green News Report segment with a major audio glitch and Desi Doyen live in studio; PLUS: the story of IN Sec. of State Charlie White getting off virtually scot-free for three counts of felony voter fraud, the former U.S. Marine who pushed back against the GOP's polling place Photo ID restrictions in TN this week, the good news out of WI concerning that state GOP's own attempt to suppress Democratic-leaning voters and MUCH MORE! Enjoy!
Download MP3 or listen online right here [appx 58 mins]...
Great news for voters today in Wisconsin, via Project Vote...
Circuit Judge David Flanagan called the voter ID measure “the single most restrictive voter eligibility law” in the nation, according to the Associated Press.
“The NAACP’s Milwaukee branch and immigration rights group Voces de la Frontera sued over the law last year. A trial on whether to grant a permanent injunction is scheduled for April 16,” AP reports.
The groups asserted that more than 220,000 eligible voters would be unable to prove identity to vote under the new law.
“The scope of the impairment has been shown to be serious, extremely broad and largely needless,” Flanagan wrote in his court order. “There is no doubt that the plaintiffs have shown a very substantial likelihood of success on the merits.”
The state is expected to appeal the decision.
“It’s a solid victory for voting rights and all voters in the state of Wisconsin,” said Richard Saks, attorney for the NAACP. “It’s a win for the hundreds of thousands who have difficulty or find it impossible to get voter ID under Act. 23,” Saks said.
In granting the temporary injunction, Flanagan's 11-page order [PDF] "concludes that the plaintiffs have demonstrated the probability of success as well as the likelihood of irreperable harm," in their original complaint which is set for trial beginning next month. The case, Milwaukee Branch of the NAACP v. Scott Walker, is based solely on the argument that Act 23 is in violation of the WI state constitution. Flanagan's ruling is grounded in a fundamentally conservative interpretation of the state constitution's guaranteed right to vote, and on historic precendents where the state Supreme Court has decided in favor of that right over legislative laws affecting that right to the disadvantage of the voter.
Today's ruling is the first judicial blow against the vote suppressing law passed by Republicans in the wake of their 2010 electoral victory in the Badger State. There are now at least four different legal complaints filed against Wisconsin's Act 23 challenging both the state and federal Constitutionality of the law. The most recent suit was filed late last month, and detailed by our own Ernest Canning who also calls for the U.S. Dept. of Justice to intervene in the case in order to enforce Section 2 of the Voting Rights Act in Wisconsin, on the basis of racial discrimination.
Late last year the ACLU filed a 54-page federal class action complaint on behalf of some 17 named plaintiffs, including elderly, student, minority and even veteran voters, all of whom may otherwise be unable to cast their once-legal vote under the state's new law passed by its GOP legislature and signed into law by Republican Gov. Scott Walker in 2011.
The lead plaintiff in that case, 86-year old Ruthelle Frank, is disabled and was born at home. She never had a birth certificate. Though she's been legally voting in every election since 1948 and is an elected member of the Brokaw Village Board, she may have to pay more than $200 in order to have a birth certificate created and typos in her name, as recorded by the state registrar, corrected before she can receive the "free" state-issued Photo ID that would allow her to vote under the new law.
Even younger, more able-bodied voters have had problems jumping through some of the hoops required to obtain a so-called "free" ID in Wisconsin, as documented on video tape last summer by a woman attempting to help her son obtain one from the state DMV.
In a small primary in the state late last month, the first full implementation of the statute, a number of voters were reportedly denied their right to vote --- at polling places where they had legally voted for years prior --- after they were unable to present Photo ID which met the state's new draconian restrictions. For now, at least for the upcoming April primary in Wisconsin, those restrictions will mercifully be on hold.
UPDATE: Flanagan's ruling was extremely powerful and likely very difficult to rebut, short of an out-and-out activist ruling by the Right-leaning state Supreme Court. (They've done it before, so I wouldn't put it past them.) I've posted a few additional snippets from Flanagan's must-read decision in comments below. Our legal analyst Ernest Canning, who has been closely covering the WI challenges to Act 23, has also now rung in with a few more thoughts on Flanagan's decision there as well.
55-year old former U.S. Marine Tim Thompson was turned away from the polls today, Super Tuesday 2012, in the state of Tennessee, after refusing to present a photo ID before voting, as required by a new law recently passed by Republicans.
Thompson was documented by videographers attempting to cast his vote under the new polling place Photo ID restrictions instituted by TN's Republican-majority legislature and signed into law last year by the state's Republican Gov. Bill Haslam.
The former Lance Corporal, who left the service in 1978, has lived in Nashville since 2004 when he first cast his vote at the same precinct where he was turned away today. In an act of protest, planned in advance and video-taped by a number of media outlets, Thompson refused to show any more than the voter registration card he has previously used for voting in the state.
Video of the confrontation that ensued is posted below.
"This is my voter registration card," Thompson said as he challenged the poll supervisor. "I've used this for 37 years. This was good enough for my father. This was good enough for my grandfather, and I refuse to show you a picture ID"...
Guest blogged by Ernest A. Canning
"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke
One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.
The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."
Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."
Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.
The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.
But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...
Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.
The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.
The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.
Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.
On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...
Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.
According to TPM's Reilly, the DoJ stated in their filing in that same court last night...
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