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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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DOJ PROBE SOUGHT AFTER VA ARREST
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Arrest in VA: GOP Voter Reg Scandal Widens
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ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
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PA, TN, IA Photo ID Messes; Early/Absentee Votes Lost in FL?; GOP Poll Watcher Lies in WI; CO Skullduggery; Votes Flipping R to D Says GOP; Voter Suppression Billboard Funder Unmasked...
By Brad Friedman on 11/2/2012 6:35am PT  

We're still having trouble, of late, keeping up with all the chicanery, dirty tricks and skullduggery now rolling across the country. So here, once again is our very quick take on just some of the most noteworthy items over the past few days that you'll want to keep in mind as we creep towards Election Day next Tuesday...

CBS Radio Affiliate in PA Inaccurate Says Photo ID Needed To Vote: "CBS Pittsburgh radio station KDKA...is running an ad claiming that voters will need photo identification to go to the polls on November 6th, despite the fact that while voters may be asked to show ID, it is not required to vote. The ad aired on October 26," despite the fact that it's been almost a month since the PA courts determined that no Photo ID will be necessary to vote this year in the Keystone State. The ad says: "The Voter ID law was just recently signed by the governor ... You're not going to be allowed to vote unless you present an acceptable photo identification. Get to a PennDOT licensing center and get a photo ID at the drivers' license center." The ad is completely inaccurate.

Broward County, FL Early Votes Disappearing?: Just one of the many reasons we advise against early voting, unless it's absolutely necessary: "An analysis of the unofficial totals by early voting location on the Broward Supervisor of Elections website from Saturday, compared to the tallies posted on Sunday, shows that in one location, the E. Pat Larkins Community Center, located on Martin Luther King Blvd. in Pompano Beach, the revised totals showed 1,003 fewer votes. The initial tally reported from the polling place in the heavily black neighborhood showed 2,945 votes, but the revised tally was 1,401. Across the 17 Broward polling locations, 15 saw their vote totals revised, mostly by minute amounts of between 1 and 7 votes. But the three more significant changes, including the addition of 398 votes in Tamarac (a racially mixed community) and adding 99 votes to the totals from Pompano Beach City Hall, whose demographic is majority white." ... Political consultant David Brown, who is working for three Broward candidates, "said that when he inquired about the numbers, he was told by the elections office that the changes had resulted from a 'computer glitch.'"

Loophole in FL Law May Disenfranchise Absentee Voters: Not sure this is necessarily in the "War on Democracy" category, but Michael C. Herron and Daniel A. Smith have found a very interesting, if troubling, quirk in FL law that could result in legal voters being disenfranchised if they cast their absentee ballot and then move to a different county and re-register there before Election Day. Best to read their take to fully appreciate it, though it makes us wonder how many other states around the country have a similar loophole in their absentee ballot and registration laws and how many voters could actually be affected by such a loophole.

Romney Campaign Training WI Poll Watchers to Lie: "One blatant falsehood occurs on page 5 of the training packet, which informed poll watchers that any 'person [who] has been convicted of treason, a felony, or bribery' isn't eligible to vote. This is not true." ... "The training also encouraged volunteers to deceive election workers and the public about who they were associated with. On page 3 of the packet, Romney poll workers were instructed to hide their affiliation with the campaign and told to sign in at the polls as a 'concerned citizen' instead." After the story was published, "the Romney campaign's schedule of poll watcher trainings was changed to private."

Update: Romney Poll Watchers also being mis-trained in Iowa, being told that Photo ID is required to vote there. It isn't.

Keep an Eye on Colorado: So recommends Bev Harris of Black Box Voting, and for very good reason. Not only is CO a key battleground this year, said to be a virtual tie in most of the polls, but "Colorado election integrity and transparency is now officially out the window, with a series of corruption protection rules and new laws." Among those laws? Ballots that can be tied back to the voter; A new law that makes ballots and other election materials no longer public records, at least not before 45 days after an election; Extreme Tea Party Rightwing Sec. of State Scott Gessler's new rules that "remove requirements for continuous video surveillance" under the guise of "cost-saving"; the reduction in the number of so-called tamper-evident seals on voting machines; and more...

GOP Says Votes Flipping From Romney to Obama on Touch-screens in 6 States [PDF]: We've only seen a few reports of this, but don't necessarily doubt it. While, historically, most touch-screen votes flip away from Ds, we've seen reports of them flipping to Ds on a few occasions as well. Either way, these systems are 100% unverifiable (with or without a so-called paper trail print out, as some have) and should never be used in any American election. The GOP has sent their letter to Secretaries of State in NV, OH, KS, MO and CO, and the Executive Dir. of the Election Board in NC. Three of those folks are Ds, three are Rs. The letter requests that they "Make arrangements for additional technicians on Election Day in case of increased calibration problems." Of course, when machines flip votes, they should be taken out of service, not re-calibrated when they are in "Election Mode" and most sensitive to manipulation. The letter also foolishly asks for signs to be posted warning voters to "double-check that the voting machine properly recorded their vote", which is, with these sorts of machines, scientifically impossible.

Legal Voters With Library Cards Forced to Vote Provisionally in Shelby County (Memphis), TN: "A Shelby County election official said voters who are showing up at polls with only a Memphis library card as their photo identification are being given provisional ballots. ... Shelby County Election Commission Chairman Robert Meyers said Monday that he's working to find out how many voters have been given provisional ballots after showing their Memphis library card during early voting ahead of the November 6 election. ... The state Court of Appeals ruled [last] Thursday that a new law requiring voters to show photo ID at the polls is constitutional but also said the library card qualifies as a government-issued photo ID. State election officials filed an appeal with the state Supreme Court on Friday, arguing that the Memphis library ID should not be allowed because it wasn't issued by state government." This Thursday, the Supremes decided that library cards may be used as voting ID, but will review the case in full after the election.

Funder of Those Voter Suppression Billboards in WI and OH Identified: Last week, we told you about those "Voter Fraud" billboards placed throughout minority neighborhoods in OH in WI, by an unnamed family foundation, and that Clear Channel finally agreed to take them down. This week, the folks at theGrio and One Wisconsin Now figured out who paid for them. You'll be shocked to learn it was a Rightwing hedge fund manager who says he was only try to perform a "public service because voter fraud - whether by Republicans or Democrats - undermines our democratic process." He failed to explain why his "public service" billboards only appeared in minority neighborhoods.

One Wisconsin Now notes that "In 2010, [Reince] Priebus [who is from Wisconsin, but is now the RNC Chairman] was cited by name, in an aborted voter caging plot targeting minorities and college students involving the Republican Party of Wisconsin, Americans for Prosperity and Wisconsin's Tea Party leaders, including documents that referenced 'billboards' as part of the scheme multiple times. ... That this anti-American garbage is turning up in other states now that Priebus is running the RNC is of no surprise to us in Wisconsin given his career of scheming to deny legal voters their right to the franchise."

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By Brad Friedman on 11/1/2012 2:05pm PT  

[This article was cross-published by Salon.]

With just 5 days to go until the nation holds its next Presidential Election, power remains out in large swaths of the Eastern Seaboard, according to Google Maps' special Hurricane Sandy power outage map.

The outages persist in a number of states which force the majority of their voters to use 100% unverifiable electronic voting machines to cast their votes at the polls on Election Day. If power is out at the polling place on Election Day in those states, voters may not be able to cast their vote at all.

As we warned before Sandy barreled ashore earlier this week, the ability of voters to vote at all --- presuming polling places are not flooded and voters are able to get to them --- is imperiled by states such as Virginia, Pennsylvania, West Virginia, Maryland, New Jersey, North Carolina and even Ohio, all of which force all, or some of their voters to vote on systems which simply do not work if they do not have power.

While most of those states require a small percentage of emergency paper ballots be made available at the precincts, that number is unlikely to be enough in the event that voting machines are unavailable all day at the polls on November 6th. Moreover, battery backups on the electronic touch-screen systems are unreliable at best and, even when working, can only be counted on for a small number of hours.

In Pennsylvania, for example, as noted yesterday by the Pittsburgh Post-Gazette, "In case of power loss, local election officials are encouraged to keep enough paper ballots on hand for 20 and 25 percent of their registered voters."

While the PA Dept. of State claimed in the same report that voting machines can run on backup batteries "about six hours," a Lehigh County, PA election official offers a more realistic assessment, noting their touch-screen system backup batteries last just 2 and a half hours at best.

The BRAD BLOG has long warned that power loss on Election Day is just another, among a myriad of reasons why forcing voters to use such systems is insane and extraordinarily disrespectful to the electorate in such jurisdictions. Other reasons why these type of voting systems should never be used: They are 100% unverifiable in every case (whether they include a so-called "Voter Verifiable Paper Audit Trail" or not, as some do) and computer scientists and security experts have long warned, in virtually every instance where these type of systems have been examined over the past decade, that they are both prone to failure and easily manipulated, by both election insiders and hackers alike, in ways that are unlikely to ever be detected.

At The Nation today, Ari Berman notes that "Thanks to a wave of new voting restrictions passed by Republicans, the 2012 election was already shaping up to be pretty chaotic before the arrival of Hurricane Sandy, which left 8.2 million households without power in 15 states and the District of Columbia."

He then goes on to detail some of the worst hotspots for concern...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 10/29/2012 4:35am PT  

[This article was cross-posted by Salon...]

"History is being written as an extreme weather event continues to unfold, one which will occupy a place in the annals of weather history as one of the most extraordinary to have affected the United States," the Weather Channel's Senior Meteorologist Stu Ostro is warning. "This is an extraordinary situation, and I am not prone to hyperbole."

The National Weather Service has been telling us over the past several days that the serious impact of the super storm which is Hurricane Sandy is not to be underestimated. But there is another concern that has been keeping me awake over the past week or so.

NBC's Al Roker spelled out that concern briefly on Sunday's Meet the Press, explaining what I've been worrying about since it became clear that the storm could have serious ramifications on Election Day.

I'm not talking about the political ramifications about its effect on planned campaign events between now and Election Day, on Early Voting turnout, or even how it's handled by President Obama and FEMA, etc. I'm talking about the serious question of whether voters will be able to vote on Election Day at all, particularly in states which force voters to use electronic voting systems at the precincts.

"We expect massive power outages throughout the area," Roker told NBC's David Gregory (before Gregory hurried to ignore the comment entirely.) "As the system moves on shore it's going to be a long term effect. It's going to last for about 72 hours. And so we're talking about people who could be without power for at least 10 days. That, as you know, will take it right into Election Day. So what will people do if they can't get to the voting booth, or the voting booths don't have power?"

Good question, Al. And one we've warned about here for a number of years.

There are about a half a dozen states (listed below) directly in harm's way where voters are forced to use 100% unverifiable electronic voting systems on Election Day. In those locations, unless they have enough emergency paper ballots printed up to accommodate the entire electorate at precincts where power remains disrupted on Election Day, there could be very serious and unprecedented problems...

--- Click here for REST OF STORY!... ---

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PLUS: A quick appearance on Ed Schultz' radio show discussing concerns about Romney/Bain control of Hart Intercivic voting machine company in OH, elsewhere...
By Brad Friedman on 10/23/2012 1:25pm PT  

I was on Thom Hartmann's Big Picture TV show last night to discuss the arrest of the RNC operative in VA last week after he was caught destroying voter registration forms, and revealing that he was working for notorious GOP operative (and paid Romney consultant) Nathan Sproul's Strategic Allied Consulting, which the RNC had claimed to have fired several week ago, after apparently fraudulent forms were turned in by the company in a dozen Florida counties.

The discussion then turned to talk about Chuck Todd of NBC's weekend charge that reporting on concerns about the Romney/Bain folks' recent acquisition of Hart Intercivic, the nation's third largest voting machine company, is "conspiracy" talk along the lines of "Trump birther garbage", and also about Think Progress' still-uncorrected, direct smear of The BRAD BLOG yesterday, inaccurately describing our reporting on the matter as "conspiracy theory"...

As we noted in yesterday's response to Think Progress, which includes our posting of the incredible emails from TP's Senior Editor Judd Legum, I guess we'll now have to count OH's former Democratic Sec. of State Jennifer Brunner as one of those "conspiracy theorists" as well! Last night, she told MSNBC (after my appearance on Hartmann's TV show): "You’d be right to call out Romney and his son for having a financial interest in this company. It doesn’t look good."

* * *

I also made a short appearance on brand new "conspiracy theorist" and MSNBC host Ed Schultz' radio show this morning to speak to several concerns about the Romney/Hart Intercivic issue, after he spent much of the show discussing those concerns with Ohio officials and others. Here's that appearance [appx 5 mins]...

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Dem-advocacy blog refuses to correct inaccurate attack on us, Truthout, Forbes magazine, and even former Dem Sec. of State...
By Brad Friedman on 10/23/2012 6:05am PT  

"I think you’d be right to call out Romney and his son for having a financial interest in this company. It doesn’t look good."
- Former Democratic OH Sec. of State Jennifer Brunner to MSNBC, 10/22/12

To be frank, while it's no secret that the Center for American Progress has always been an outside extension of the Democratic Party, their important blog site, Think Progress, has served as a crucial, and journalistically sound fact-checker on the excesses, inaccuracies and blatant fabrications of the Right over the past several years.

I have been more than happy to cite their excellent work on a number of fronts over the years and take no pleasure in calling them, their new Senior Editor Judd Legum, and one of their writers, Aviva Shen, out here on The BRAD BLOG for an egregious and, frankly, outrageous journalistic failure.

It is one thing to make an error. We all do it. It is quite another thing indeed --- and what, in my opinion, separates real journalists from hacks --- when, once called out with independently fact-based and verifiable evidence of those errors, one sticks to the original error come what may.

That's exactly what Legum and Think Progress have decided to do, as the email discussion between Legum and me illustrates below. I'm sorry I have to even run it, but, for journalists, credibility is our only currency --- (especially those of us not funded by major foundations, as Think Progress is...so feel free to hit the tip jar here!) --- and being smeared, without correction, from a respected institution like Think Progress is extraordinarily damaging to all that we do here.

So here's what happened...

--- Click here for REST OF STORY!... ---

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DoJ, U.N. observers deployed; Clear Channel takes down offensive billboards; OH's 'un-American' SoS; Photo ID confusion in PA...
By Brad Friedman on 10/22/2012 10:41am PT  

These are now coming in too quickly for us to cover 'em all in detail. But let's see if we can try and help get a few more eyeballs on at least some of the most noteworthy, with more in-depth coverage to come as/if time allows...

DoJ Monitoring Early Voting in TX: "The Justice Department announced today that it will monitor portions of the early voting period for the Nov. 6, 2012, general election in Dallas and Harris Counties, Texas, to ensure compliance with the Voting Rights Act of 1965."

UN Monitoring U.S. Precincts on Election Day: In March, we noted that the NAACP requested U.N. monitors to observe the U.S. election, based on concerns about disenfranchisement by GOP polling place Photo ID restrictions and other voter suppression tactics. Now they're getting them. "The Organization for Security and Cooperation in Europe (OSCE), a United Nations partner on democratization and human rights projects, will deploy 44 observers from its human rights office around the country on Election Day to monitor an array of activities, including potential disputes at polling places. It's part of a broader observation mission that will send out an additional 80 to 90 members of parliament from nearly 30 countries."

Oddly, Republican-funded "non-partisan" group "True The Vote", which claims to be monitoring polling places to prevent fraud (but appears to be there to challenge legitimate voters, intimidate them and cause havoc instead), is against the idea. If they wanted to prevent fraud wouldn't they say the more observers the better?

"Voter Fraud" Billboards Coming Down: After they've already been up in minority neighborhoods for two weeks..."Clear Channel Outdoor will remove 30 billboards across the city that drew complaints of racism and intimidation with their message of "Voter fraud is a felony," the company said Saturday night." Clear Channel also says it'll donate "10 other billboards that will have messages to counter the offending ones." They'll read "Voting Is a Right. Not a Crime!" See Jamil Smith's take on why the billboards, placed in minority areas, were so disturbing.

OH SoS Says Order to Restore Early Voting "Un-American" - Yes, that's what Republican Sec. of State Jon Husted, vying to become the J. Kenneth Blackwell for 2012, actually said during his keynote speech at an election law symposium at University of Toledo on Friday. Apparently the remarks were not well received by the actual Election Law experts on hand. See our summary of Husted unsuccessful, "Un-American" attempt to ask the U.S. Supreme Court to help him keep legal voters from voting right here.

State Ads Causing Confusion in PA Following Photo ID Ruling: As we predicted when the Republican Commonwealth Court Judge's ruling was issued, confusion is now reigning in PA. The ruling barred the GOP's polling place Photo ID requirement (this November, anyway), but decided that poll workers could ask for it anyway. Moreover, the Judge refused to enjoin the part of the law that allocates millions in tax-payer dollars to "voter education" about the Photo ID law. "That critical detail in Simpson’s opinion — that photo ID is not required in this election — has been lost in much of the $5 million advertising campaign by the Pennsylvania Department of State, voters rights advocates charge. On buses, an ad displays a photo ID with 'SHOW IT' in big block lettering. In smaller type, it says photo ID is not mandatory. Moreover, state officials acknowledge that it was not until Tuesday, a full two weeks after the court opinion, that the last of the pre-decision billboards announcing photo ID as a requirement came down."

"Late Friday, the Advancement Project, a civil rights organization, filed a petition asking [Commonwealth Court Judge Robert] Simpson to order Pennsylvania officials to cease advertising and distributing information about the photo ID requirement."

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Republican Sec. of State Husted finally forced to announce Early Voting hours for final three days before Election Day...
UPDATE: Order denying stay issued by entire Court without dissent
By Ernest A. Canning on 10/16/2012 3:12pm PT  

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.

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By Brad Friedman on 10/12/2012 2:15pm PT  

Late last month, Gerry Bello and Bob Fitrakis at FreePress.org broke the story of the Mitt Romney/Bain Capital investment team involved in H.I.G. Capital which, in July of 2011, completed a "strategic investment" to take over a fair share of the Austin-based e-voting machine company Hart Intercivic.

"Several tanker trucks full of political ink have been spilled on Mitt Romney's tenure as a vulture capitalist at Bain Capital," Bello and Fitrakis wrote. "A more important story, however, is the fact that Bain alumni, now raising big money as Romney bundlers are also in the electronic voting machine business. This appears to be a repeat of the infamous former CEO of Diebold Wally O'Dell, who raised money for Bush while his company supplied voting machines and election management software in the 2004 election."

Lee Fang at The Nation recently confirmed the FreePress reporting in a story of his own on the "crony capitalism" of Tagg Romney, whose father's money and high-profile connections present a number of troubling corporate conflicts of interest should Mitt Romney become President. The Daily Dolt also followed up with a very well-documented article on the H.I.G. group, their connections to Bain, and their takeover of Hart Intercivic.

Hart's announcement of the deal describes H.I.G.'s role as as "co-investors", though the financial services firm which brokered the deal described it in their own announcement as a full-fledged acquisition: "Hart Intercivic was acquired by HIG Capital late last week. The deal caps off a 2+ year relationship with Hart! Congrats to both Hart and the HIG team….its going to be a great partnership!"

Also this week, in a video that has gone a bit viral, The David Pakman Show expressed understandable concerns about Romney's close business partners having this type of corporate control over a large e-voting company whose, extremely vulnerable and insecure [PDF] --- and often 100% unverifiable --- voting and tabulation systems are now used, according to VerifiedVoting.org's database, in all or parts of California, Colorado, Hawaii, Illinois, Indiana, Kentucky, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia and Washington. [Pakman's video is embedded below.]

When the story initially broke, I spoke about it on the radio with Fitrakis, but didn't comment on it at The BRAD BLOG for a number of reasons. One being the time we've been spending, during the same period, consumed by the continuing breaking story of the RNC/Romney consultant Nathan Sproul and his companies at the center of the national GOP Voter Registration Fraud Scandal which we've been covering in detail since it first broke several weeks ago. Secondly, and not to downplay this story, because it's a very good and important one, the fact is that, though the names of the corporate titans and companies are different, it is essentially the same story that we have been telling here, over and over again --- and warning about with hair afire --- at The BRAD BLOG for nearly a decade.

Moreover, I've been on the road all this week for a conference, with much less time online than usual. But since so many folks have picked up on the Romney/Bain/H.I.G./Hart Intercivic stories and have sent email and Twitter queries to me about it, allow me to very quickly share a few thoughts, on this, some of which I sent to a reporter who also raised this issue with me late this week...

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Jon Husted is now, officially, the new J. Kenneth Blackwell
Now UPDATED with details on Husted's application to SCOTUS...
By Brad Friedman on 10/9/2012 2:41pm PT  

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...

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Rightwing media, Romney attempt to lie to voters about case is ignored by court. Again...
By Brad Friedman on 10/5/2012 4:52pm PT  

Via Ryan Reilly at TPM:

The 6th U.S. Circuit Court of Appeals ruled on Friday that Ohio must make early voting during the three days before the election available to all voters if it's available to military members and voters who live overseas. The ruling upheld a lower court's decision.

"The State's asserted goal of accommodating the unique situation of members of the military, who may be called away at a moment's notice in service to the nation, is certainly a worthy and commendable goal," the court ruled. "However, while there is a compelling reason to provide more opportunities for military voters to cast their ballots, there is no corresponding satisfactory reason to prevent non-military voters from casting their ballots as well."

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...

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Rollback of existing voting rights presents significant legal issues...
By Ernest A. Canning on 9/24/2012 6:35am PT  

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/20/2012 3:22pm PT  


TWITTER: @GreenNewsReport
FACEBOOK: Green News Report
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: One day later, Japan reverses planned nuclear phase-out; Romney and Republicans fight for Big Coal - with unpaid labor; New record HOT ocean temps cause lobster glut in Northeast; PLUS: Putting their bodies on the line to stop the dirty Keystone XL pipeline ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

Link:
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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): US wind industry withers with end of tax credit; False balance lives: PBS FAIL on climate science; Bolivia protects unique pink dolphins; FDA to investigate arsenic in rice; Insurance companies won't pay for climate disasters; UK slams Trump's misleading anti-wind ad; Mexico pipeline explosion kills 28; GM corn study draws skepticism ... PLUS: Existing technologies could halve fuel efficiency. So why aren't we using them? ... and much, MUCH more! ...

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Republican Jon Husted rescinds Directive after being summoned to personally appear before judge...
By Brad Friedman on 9/7/2012 2:55pm PT  

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...

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Republicans going 'whole nine yards' to suppress vote in OH, says former President in advance of DNC speech
UPDATE: Clinton cites GOP voter suppression during DNC speech...
By Brad Friedman on 9/5/2012 11:16am PT  

"Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants?," Bill Clinton asked rhetorically on Tuesday night during an event organized by the Arkansas Democratic Party.

In what The Nation's Ari Berman highlighted as a possible "preview" of the former President's remarks tonight in Charlotte, where he'll be headlining at the DNC, Clinton savaged the Republican efforts, particularly in Pennsylvania and Ohio, to suppress the Democratic vote:

“Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants?

“In Pennsylvania, where they passed all these voter ID requirements, the House Republican leader who passed it said it was one of the most important achievements because it will enable Governor Romney to defeat the president in Pennsylvania.

“In Ohio, they passed the whole nine yards. The problem was in Ohio you can actually put this stuff on the ballot pretty easily to overturn it. So they went back in—you gotta give it to Republicans, they’re good. They vetoed it, then they snuck in an end to advance voting. Then they allowed the counties—and every county in Ohio has an election commission of three Democrats and three Republicans [Ed Note: actually it's two and two]—to decide if they were going to go around advance voting. The Democrats, we were for it. So in every county that was Republican, Democrats said ‘OK, we’ll have advance voting.’ And in every single county that is overwhelming Democratic, the Republicans voted against allowing advance voting.

Berman goes on to note that Clinton offered similar sentiments during a speech he made last year, when he decried the "Jim Crow burdens on voting, the determined effort to limit the franchise that we see today":

In last year's speech, a clip of which we'll post again below, Clinton said:

I can’t help thinking, since we just celebrated the Fourth of July and we’re supposed to be a country dedicated to liberty, that one of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. There has never been in my lifetime, since we got rid of the poll tax and all the other Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.
...
Why is all this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.

Will Clinton offer similar sentiments tonight during his speech in Charlotte?

UPDATE 9:10pm PT: In fact, Clinton did give a shout out against GOP voter suppression during his rousing convention speech tonight: "If you want ever American to vote and you think it is wrong to change voting procedures just to reduce the turnout of younger, poorer, minority, and disabled voters, you should support Barack Obama!"

* * *

The short clip from President Bill Clinton's 7/6/2011 speech to student voters, in which he slammed Republicans for their voter suppression efforts follows below.

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TONIGHT: Former AL Gov. Don Siegelman; RNC Unwound; Big Voting Rights Victories; MORE!...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 8/31/2012 3:12pm PT  

[Now UPDATED with audio archives below! Enjoy!]

Mike is off tonight, so we're back guest hosting the nationally-syndicated Mike Malloy Show once again.

As usual, we're BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from 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:

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 our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell 'em you're in MN if asked!). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

* * *

POST-SHOW UPDATE: We had a very lively show, and one maddening interview with Gov. Siegelman. The commercial-free audio archives all now follow below (as well as the chat room archives.) Enjoy 'em over the holiday weekend on me!...

--- Click here for REST OF STORY!... ---

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