Guest blogged by Ernest A. Canning

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

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

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

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

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

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

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

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

Guest blogged by Ernest A. Canning

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

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

Guest blogged by Ernest A. Canning

"I don’t want everybody to vote," Paul Weyrich, co-founder of the billionaire-funded Heritage Foundation and the Moral Majority, said while addressing a right-wing Christian audience in 1980. "[O]ur leverage in the elections goes up as the voting populace goes down," he added after he denigrated those who seek "good government" through maximum, informed voter participation as people who suffer from the "goo goo syndrome."

Voter suppression has long been a staple of American politics, but the tsunami of new restrictions on the polling place now being rammed through by newly-elected Republican majorities in state after state is unprecedented, certainly since the era of Jim Crow was supposed to have been ended by the Voting Rights Act of 1965.

While most Americans may think of the poll tax and literacy tests as forms of voter suppression associated the Jim Crow South, the confirmation hearings of the late U.S. Supreme Court Chief Justice William Renquist included sworn testimony from former U.S. Attorney James Brosnahan and others reflecting that, as an early 60's GOP activist, Renquist intimidated African-American and Hispanic voters in AZ by challenging their ability to read.

1965's Voting Rights Act outlawed both the poll tax and literacy tests. In more recent times, pursuant to a 1987 federal court consent decree, and a subsequent provision of the National Voting Rights Act of 1993, another GOP suppression tactic, "caging lists," was banned, though as documented by the BBC's Greg Palast, the Bush administration-led Plutocrats didn't let a little matter like illegality get in the way of their use.

21st Century voter suppression operates under cover. Or it had, until the new wave of legislation being passed by GOP legislatures across the country began hitting its stride. Until FL's then-governor Charlie Crist overturned it, for example, the state banned convicted felons from voting even years after they'd been released from prison. In Armed Madhouse, Palast asserts that prior to the 2000 Presidential election, FL's then Sec. of State Katherine Harris, appointed by Gov. Jeb Bush, the brother of candidate George W. Bush, purged 94,000 "felons" from the state's computerized voter rolls, though the only "crime" at least 91,000 were guilty of was "being Black, Democrat or both."

Over much of the past decade, voter suppression efforts have been bolstered by bogus "voter fraud" claims leveled at groups like ACORN, who aided in the registration of those who might be likely to vote against the GOP (minorities and the working class); "non-partisan" GOP astroturf groups like the phony American Center for Voting Rights (ACVR) created after the 2004 election solely to create and spread false propaganda about a Democratic "voter fraud" epidemic; laws meant to increase the legal risk to real non-partisan organizations for assisting in registration; draconian polling place "photo ID" restriction laws, and in a reduction of opportunities for early voting.

With the tide of GOP victories at the ballot box last November, those efforts have now been ramped up and are now front and center in some 30 state legislatures across the country...

It is now officially impossible to know whether thousands of paper ballots being counted in the state of Wisconsin's Supreme Court election "recount" are the same ones actually cast on Election Day. It didn't have to be that way, unlike in Kentucky, where the voters never had a chance, and where high-ranking election officials have now been sentenced to more than 150 years in federal jail following "decades" of manipulated elections.

Thanks to serious chain of custody violations in Wisconsin --- such as ballot bags discovered to have been left "wide open" and unsealed in Waukesha County, and ballots left completely unsecured for weeks in the office of the Verona City Clerk in Dane County --- that now make it quite likely the real winner of the April 5th election for a 10-year term on the bench of that state's highest court will never be known for certain. That, even though thousands of votes have now been verified as having been miscounted during the state's partial hand-count, and even as the hotly-contested seat in question will determine the ideological balance of the court during one of the most contentious moments in Badger State history.

The majority of voters in Wisconsin cast their votes on hand-marked paper ballots. However, due to a failure to count those ballots publicly on Election Night, at the precinct, in front of the public (as per "Democracy's Gold Standard"), citizens are left guessing and forced to place misguided trust in partisan election officials like GOP activist and Waukesha County Clerk Kathy Nickolaus and her unsecure chain of custody and election reporting procedures.

With results that will never be known for certain, the razor-thin contest has now become a fully "faith-based election," in contradiction to the checks and balances necessary for true self-governance.

But where Wisconsin could have had an overseeable and fully verifiable election in which voters might have had confidence, voters in Kentucky, for years, never even had a chance as they were forced to vote on 100% unverifiable touch-screen voting machines.

The good-ish news? That is changing, as much of the Bluegrass State is finally turning to the use of hand-marked paper ballots, though they plan on tallying them similarly to Wisconsin, via oft-failed, easily-manipulated optical-scan systems manufactured by private vendors, rather than counting them transparently in front of the public.

Given Kentucky's recent history, that's a particularly troubling prospect, as underscored by several developments in two different counties in the state of late.

In 2009, a spate of high-ranking election officials in Clay County, KY --- including the County Clerk, a Circuit Court Judge, the School Superintendent, a former Magistrate, and several polling place officials --- were arrested in a massive vote buying/selling and electronic vote-machine rigging conspiracy which netted the criminals millions of dollars over the past decade. The federal charges included the County Clerk and other members of the Board of Elections having intentionally falsified election reports to include inaccurate voting results when submitted to the state.

One Republican election official pleaded guilty after the arrest two years ago, and the other eight were found guilty and convicted last year in federal court. They were sentenced this past March to a total of more than 1,871 months in federal prison.

And last week, in a separate, newly developing case, state officials impounded electronic voting machines in Perry County, KY, after Republican candidates in last November's election complained of "vote rigging" on the county's 100% unverifiable electronic voting machines...

[Now UPDATED with tonight's audio archives below. Enjoy!]

Our final night after a full week guest hosting the nationally syndicated Mike Malloy Show and, as promised last Friday, we got rid of Mubarak before Mike got back! You're welcome, Egypt! And Mike!

As you may know, on last night's show we revealed the targeting by the U.S. Chamber of Commerce's thugs on my non-profit organization VelvetRevolution.us and our StopTheChamber.com campaign, but also, as we learned during the show, the same thugs were also targeting me and my family personally!

After the show, The BRAD BLOG was knocked out and has been down ever since. Don't know if the two issues are related or not, but I posted a brief statement on it at MikeMalloy.com earlier today and spoke a lot more about it all in an interview article with Firedoglake's David Dayen.

As the blog is still down at this hour, we'll be holding our usual LIVE chat during the show at MikeMalloy.com (where I am posting this item tonight). We will not be deterred by thuggery of any type!

We're BradCasting LIVE again from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG during the show, so please come on by and say hey 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.)

Tonight, along with Egypt updates:

• MARCY WHEELER of Emptywheel, who has been slogging through thousands of hacked emails since yesterday, helping to reveal the self-proclaimed "gangstas" at HBGary, Berico Technologies, Palantir Technologies and law firm Hunton & Willaims who were involved in the proposed disinfo campaigns to smear progressive organizations (and the family of yours truly) on behalf of the U.S. Chamber of Commerce and Bank of America.
• FRANK HEINDEL, the Republican South Carolina businessman who made it his business following last year's reported "victory" of the unknown Alvin Greene in the Democratic U.S. Senate primary on 100% unverifiable voting machines, to figure out what the hell is going on through public records requests revealing thousands of "lost" votes, extra votes and machine error after error.
• SUE WILSON, veteran journalist and documentarian of Broadcast Blues on how to call out the FCC and the corporate takeover of our airwaves, and how to restore the people's airwaves to the people who own them!
• PLUS: Plenty more, I'm guessing, including your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

POST-SHOW UPDATE: Incredibly, the BradBlog.com server admin got the site back up, literally, moments before air time tonight! And what followed was a rockin' show, at the end of a roller-coaster ride of a week. Hope you agree. The commercial-free audio archives are now posted below and I think/hope you'll enjoy them! (The chat room archives are also below.) Thanks to all for a great week, especially to Mike & Kathy who will return Monday! And there was much rejoicing!...

Yup. This about sums it up...

As I say, that about sums it up. "They won," so most of the lawmakers who would be the ones to force voting system reform, don't much care. That, even after the disastrous Democratic U.S. Senate primary last year, which The BRAD BLOG covered in great detail as it all shamefully unfolded. (Search "Vic Rawl" or "Alvin Greene" here for some of that coverage).

But for those who would like a few more details on those "1,389 extra votes in Colleton County," as mentioned in the article above, as well as --- perhaps even more disturbing --- some 13,500 votes apparently missing entirely from Charleston County, please read on...

On Election eve, amidst the usual, absurd and evidence-free caterwauling about imaginary "VOTER FRAUD!!!!" (and, man, am I happy to see that there are now tons of other folks in the media finally out there covering that particular scam so I don't have to) a reminder of what real Election Integrity looks like...

-- Brad Friedman, The BRAD BLOG

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

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

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

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

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

I'm no good at raising money for The BRAD BLOG - so let's see if I have any better luck helping out progressive filmmaker John Wellington Ennis to complete his newest documentary, Pay 2 Play: Democracy's High Stakes, covering the Supreme Court's Citizens United disaster and other related bastardizations of our democracy by the highest corporate bidder.

As his website describes the new film: "The cost of running for office makes candidates beg, borrow, and steal. PAY 2 PLAY shows how our elections encourage extortion, and how to stop it."

John is also the director of 2008's high-lariously informative Free For All: One Dude's Quest to Save Democracy (which features yours truly, but is brilliant nonetheless!)

Unfortunately, progressives are not shoveled barrels of free money as partisan scammers Andrew Breitbart, James O'Keefe, and the other liars and snake-oil salesmen on the Right are. Progressives actually have to beg for funds and then produce actual, truthful material in the bargain! That takes time, effort, and funding. So it's gonna take money to get money out of our politics once and for all! Please help. Ennis is doing his part, big time, so please help him out to finish the film if you can afford to toss in a few dollars!

If you need any more convincing, here's a slightly shortened version of an appearance I made at one of his fundraisers in Santa Monica last week [apologies for the echoey sound, it gets easier to see and hear as it goes forward!]...

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

An investigation by the South Carolina Law Enforcement Division (SLED), the state's top law enforcement agency, has concluded that no charges will be filed against Alvin Greene, the mysterious and unverifiable winner of the Democratic Party's nomination for the U.S. Senate, in relation to the $10,440 filing fee the unemployed military vet paid to get onto the party's June 8th primary ballot.

In that election, the unknown Greene was reported --- by the 100% unverifiable ES&S e-voting system --- to have defeated former four-term state legislator and U.S. Circuit Court Judge Vic Rawl 59% to 41% despite having failed to campaign for the nomination, nor even having a campaign website.

Questions have arisen as to how the jobless Greene, who was recently appointed a public defender in a felony obscenity case he faces, was able to afford the filing fee for the U.S. Senate race. As noted by Citizens for Responsibility and Ethics in Washington (CREW), which requested an investigation into the matter, Section 7-25-200 of the SC Code of Laws prohibits anyone from accepting or offering "either directly or indirectly, money, a loan of money, or any other thing of value...as inducement to file as a candidate for any state or federal election office." Greene, who lives with his father, maintains he used money saved from military pay to cover the fee.

Some, including both state Republicans and South Carolina's Democratic U.S. House Rep. James Clyburn (SC), have stated the possibility that Greene was a "plant" on the ballot, given a public poll taken in May, as cited by Rawl campaign manager Walter Ludwig here at The BRAD BLOG, just three weeks weeks before the election, which showed Rawl trailing SC's incumbent Republican Sen. Jim DeMint by just 7 points, 50 to 43%. However, even the "plant" theory can't explain Greene's nearly 20-point "victory" as reported in the June 8th election results.

It's the very last paragraph of CNN's report on SLED clearing Greene, however, which, for the moment, raises both our eyebrow and, possibly, a curious red flag in the results of the Republican-controlled state's investigation into Greene's filing fee...

[Now UPDATED with audio archives below!]

We're back again tonight filling in as Guest Host on the nationally syndicated Mike Malloy Show. We'll be BradCasting LIVE all this week from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Please join us by tuning in, chatting in, Tweeting in and calling in!

The LIVE chat room will be up and rolling again here at The BRAD BLOG during the show, so come on by for that as ya listen! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

So far scheduled for tonight's show...

• JUDGE VIC RAWL, Four-term South Carolina state legislator and circuit court judge, and recent Democratic candidate for the U.S. Senate nomination until the state's 100% unverifiable ES&S e-voting system declared unknown, jobless candidate Alvin Greene the "winner" of the questionable election on June 8th. We'll discuss that, his extraordinary protest hearing before the state Democratic Party, and where he'll go from here after finding what he calls "systemic software problems" and a "lack of election integrity" in South Carolina.
• ERNEST CANNING, member of the California state bar since 1977, political scientist and, most importantly, a guest contributor to BradBlog.com, on the case for impeachment against deep water drilling moratorium Judge Martin Feldman.
• PLUS: Other stuff on my mind and yours via calls at 877-520-1150, tweets to @TheBradBlog, a likely visit from the lovely DESI DOYEN of the Green News Report and whatever else comes up between here and there...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: A damned fine show, if I do say so myself. But you'll let me know if I'm wrong. All of it recorded and posted for posterity in audio archives (and even chat archives) below...

"...[W]ithout full transparency of results, this fraud would not have been uncovered." - Markos Moulitsas, Daily Kos founder, 6/29/10

There's an interesting bit of news today --- ironically enough, from Daily Kos --- which underscores the importance of citizen access to, and transparency of, election data, at least if anyone ever hopes to be able to root out and/or discover fraud, be it in elections or virtually anything else.

I say "ironically enough," because Daily Kos --- including both its founder Markos Moulitsas and a number of its front-page writers --- have, for years at their site, poo-pooed concerns about election fraud and e-voting by disinforming their readers about the very serious concerns presented by the disastrous election system used in most of the U.S. By marginalizing such concerns as little more than "conspiracy theory," they have continued to ill-serve both their readers' and their own self-interest (that of electing Democrats to office) in the bargain.

More, in a moment, on today's news from Kos himself, accidentally underscoring the long disservice his site has offered to readers on the e-voting front. But first, a personal incident involving hamburgers yesterday also serves to underscore, yet again, a related issue, and why hand-marked paper ballots --- and actually bothering to count them --- is an absolute imperative for Election Integrity...

Near the end of an article today on an investigation now underway by South Carolina officials into how the unknown, unemployed Democratic U.S. Senate nominee Alvin Greene was able to afford the state's $10,440 filing fee to get on the ballot in the first place, the Associated Press quickly summarizes the "multiple theories" forwarded to speculate on how it was that Greene could have garnered a 59 to 41% "victory" over former state legislator and Circuit Judge Vic Rawl in the recent Democratic U.S. primary:

I guess there were just no other possible "theories" for Greene's still inexplicable "victory". Nothing that AP could come up with --- nothing at all to inform readers about --- despite the recent, official, formal five-hour hearing, filled with evidence and actual experts, at that "protest lodged by Rawl."

So, it must have been the "e" at the end of Greene's name that made more than 100,000 South Carolinians vote for a man who never campaigned and who they never heard of. Yeah, that must have been it.

In related news, I've officially changed my name to Brad Friedmane and am hereby announcing my candidacy for President of the United States in 2012. I hope this notice serves to get me elected, as it's the only campaigning I will be doing between now and then. Should be more than enough though. Measuring the Oval Office for drapes even as we speak.