This week's BradCast on KPFK/Pacifica Radio was a fund drive show for the station, but it included some interesting stuff along the way, including an in-studio visit with documentary filmmaker and election integrity advocate John Wellington Ennis, who's newest film, Pay 2 Play: Democracy's High Stakes, has its L.A. "green carpet" premiere next week. (Note: I appear in the documentary, but from the early cuts I've seen, it's excellent anyway.)

It also allowed me to rant a bit about connect a few dots between things like last weekend's aborted "recount" in the California Controller's primary election (which, as I reported earlier this week, helped draw a roadmap for how to steal an election in this state with little likelihood of being caught), and the more-than-decade-long fight for election integrity, including the continuing fight for actual citizen oversight of public elections, which both Ennis and I have waged in parallel journeys.

Moreover, it allowed me to connect some dots again between things like the infamous Citizen's United decision, which cut off much hope for election integrity at its knees in 2010, and the emergence of the mainstream Republican global warming denialist movement. Yes, the two issues are directly connected. (For more on that, which I didn't get time to fully cover on the show as hoped, see this.)

Finally, it also allowed me to talk about, and play some great clips from, three of my favorite election integrity documentaries (one of them Ennis' Free For All: One Dude's Quest to Save Democracy), which we made available as premiums for listeners pledging support for KPFK's fund drive. (And you are still welcome to call the number and offer your support as well, if you like!)

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

Over the weekend state Assembly John Pérez called off his request for a statewide "recount" in the state Controllers primary race, despite the results from the June primary remaining the closest in a statewide race in California history. The vast majority of ballots never received a review by human eyeballs. [See NOTE at bottom of article to explain our use of quotes around the word "recount".]

A partial hand-count of paper ballots in two different counties --- and calls from fellow Democrats to give up the attempt to assure Election Integrity --- was largely all that would occur before the Pérez campaign decided throw in the towel and toss their support behind fellow Democrat Betty Yee for this November's general election.

"While I strongly believe that completing this process would result in me advancing to the general election," Pérez said in a statement posted to his campaign website, "it is clear that there are significant deficiencies in the process itself which make continuing the recount problematic."

Yee had reportedly defeated Pérez by just 481 votes out of well over 4 million ballots cast --- a margin of approximately 1/100th of one percent --- during the statewide primary on June 3rd, securing second place behind comfortable first-place finisher, Republican Ashley Swearengin, and a coveted spot on the November ballot. California now has a "Top-Two" primary system, where the two highest vote-getters of any party go on to face each other in the general election.

There is no automatic, state-sponsored "recount" for statewide races in CA, no matter how close they are found to be after tabulation by the state's hodge-podge of oft-failed, easily-manipulated computer tabulators in each county. If such a post-election count is desired, a candidate or any voter, may request one and pay for it themselves --- though they are refunded the fees if the results end up changing.

The battle for second place in the primary race, and the right to appear on this November's ballot to become the state's next chief financial officer, resulted in what the Sec. of State's office had described as "uncharted territory".

It left counties scrambling, politicians scratching their heads, media trying to figure out how "recounts" even work in this state, while also revealing a number of tremendous flaws in the state's "recount" statutes, some of which we've attempted to warn about at The BRAD BLOG over recent years...with few in Sacramento bothering to take notice.

They seem to be noticing some of those flaws now, however, even as Perez abruptly ended the count over the weekend, after finding just a handful of votes changing in his favor during expensive, partial hand-counts in two counties.

While the situation revealed serious shortcomings in the state's "recount" statutes, it has also revealed that, at least unless the laws are changed, it may be a great time to steal an election in the Golden State, with very little likelihood of detection...

During an appearance last week on the Allan Handelman Show on WSJS in North Carolina --- a state, like almost every one in the union now, where non-corporatist, non-wingnut views are almost non-existent over our public airwaves --- I was discussing the state Republicans' new voter suppression law, which is, hands-down, the most draconian in the nation since the era of Jim Crow was supposed to have ended.

While a Rightwing caller, apparently, was on hold to participate in the show, I detailed the fact that the polling place Photo ID restriction part of the GOP law (just one part of their horrific anti-voting statute) would do nothing to prevent so-called "voter fraud", since polling place impersonation is, for all intents and purposes, non-existent in this country, as this 2012 study by a non-partisan news consortium, detailing every known and/or reported incident of election or voter fraud in all 50 states going back to 2000, illustrated once again.

Once the caller "Jay" finally made it to air, his admission was quite revealing --- and even courageous --- yet illustrative of just about everything that is wrong with our corporate media (and the politics it has created) these days.

What he had to say is not what you'd probably expect. Give it a listen...

Download MP3 or listen online below. [Appx 9 mins, lightly edited to cover for a commercial break between two segments]...

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

California's Democratic Governor Jerry Brown has permitted SB 1272, an advisory measure entitled the Overturn Citizens United Act, to appear on the state's November 2014 ballot.

The measure not only calls upon Congress to "propose an amendment...to the United States Constitution" to overturn the infamous Citizens United decision and its progeny, but "to make clear that the rights protected by the United States Constitution are the rights of natural persons only."

According to state Sen. Ted Lieu (D-Torrance), the author of SB 1272, the measure is intended to send "a message to Congress" that we "should not equate money with free speech and corporations are not people."

A constitutional amendment that eliminated "corporate personhood" would not only invalidate Citizens United but would overturn the newly minted right to "corporate religious liberty" established in Burwell v. Hobby Lobby, Inc. (2014).

Unfortunately, the language Lieu included in the measure stops short of "money is not speech." Instead, the measure simply provides for "full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another."

While the ballot proposition is not binding, and has produced critics who describe the measure as little more than a political stunt, if adopted by an overwhelming majority of California voters this fall, it could very well help to ignite a nationwide groundswell of opposition to a series of decisions by an oligarchic Supreme Court that have threatened the very survival of our constitutional representative democracy...

We covered too much on the KPFK/Pacifica Radio BradCast this week to go into great detail here, but the common thread seemed to be: Stamping out Zombie Myths.

In other words, those popular lies and deceptions that never seem to die on everything from e-cigs and vaping to the death penalty to Ann Coulter's voter fraud to Fox "News" propaganda on global warming and polling place Photo ID laws (too many of those to link here) to the fight for marriage-equality in Mississippi.

In other words, there was a lot packed in to this week's 58 minutes, including a lot of bullshit to dispel, a bunch of great callers, and even one who totally disagreed with me on e-cigs and children. That was fun.

Check it out. I think you'll enjoy it...

Download MP3 or listen online below...

P.S. During the show, a caller questioned the facts of a quote I read on air from a press release issued today by the Freedom to Marry organization, citing the first Mississippi mayor to call for marriage equality in the state. The quote in question was from the group's President Evan Wolfson, who said in the statement: "More same-sex couples are raising children in Mississippi than in any other state."

The caller, appropriately, challenged the veracity of the statement, and I promised I'd look into the details, since I had just received the release prior to air time and didn't have the details handy. Now I do. Here's where that claim comes from...

We had a very enlightening conversation with The Nation's Ari Berman, straight out of the courtroom in North Carolina, on today's KPFK/Pacifica Radio BradCast.

Ari is in NC covering this week's hearings in federal court challenging what we've described as "the nation's most restrictive voter suppression law", as enacted by state Republicans just days after the U.S. Supreme Court gutted the Voting Rights Act last summer.

This case --- and NC's law --- are really amazing. Most importantly, the results of this challenge, and the way the VRA must now be used to fight to protect voters from discriminatory laws, will be very important to similar challenges now pending across the country. In other words, this fight is important to NC, but it's arguably even more important to the entire nation.

Next up, we discussed the Rightwing stooge "reporter" Matthew Boyle, responsible for the fake 2012 story about a U.S. Senator and Dominican prostitutes, and my run-in with that same fake journalist back in 2011.

Then, Desi Doyen joins us for a few thoughts on Kentucky's genius climate change denying state Senator Brandon Smith and, as usual, for the latest Green News Report.

As a listener noted on Facebook tonight: "What a heavy duty broadcast today's was!", before adding: "It. Was. Awesome. And scary." Well, thanks! And you're welcome!

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

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

Via UC Irvine election law professor Rick Hasen...

So there's some encouraging news to start your day.

For much more on the pending federal challenge to the TX Republicans' attempt to institute their disenfranchising polling place Photo ID restriction --- a law which had otherwise been repeatedly rejected as discriminatory by both the DoJ and federal courts until SCOTUS gutted the central protections of the Voting Rights Act last year --- see just some of our recent previous coverage here:

• "Wisconsin Federal Court Decision Could Mark Beginning of End For GOP Photo ID Restrictions" (5/2/2014)

• "Federal Judge Orders TX to Produce Legislative Docs That May Prove Polling Place Photo ID Restriction Law Was Racially-Motivated" (4/7/2014)

• "Texas GOP's Polling Place Photo ID Law Almost Certain to Get Nixed. Again. Here's Why..." (9/4/2013)

• "Texas AG Defrauds Texas in Response to DoJ Lawsuit Against Polling Place Photo ID Law" (8/23/2013)

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly $20 : $20.00 USD - monthly $50 : $50.00 USD - monthly $100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

[This article now cross-published by Salon...]

The case against North Carolina's radical voter suppression law begins hearings today, as the U.S. Dept. of Justice, the ACLU, the League of Women Voters and other plaintiffs seek a preliminary injunction on the most sweeping and restrictive "election reform" bill in the nation.

After Republicans took over both the legislature and the Governor's office in the Tar Heel State for the first time since Reconstruction, they instituted what we described after passage of the law in 2013 as "the nation's most restrictive voter suppression law".

In addition to draconian polling place Photo ID restrictions (despite any evidence of in-person voter impersonation in the state), the legislation also shortens the early voting period; eliminates NC's very successful same-day voter registration program; eliminates pre-registration for 16- and 17-year olds; bars counting provisional ballots cast in the right county but wrong precinct; prohibits extending poll hours even for extraordinary circumstances such as long lines; allows any registered voter in a county to challenge the eligibility of anyone else to vote in the same county; and much more.

Virtually every anti-voting provision that has been passed or attempted to be passed by Republicans across the country was included in NC's legislation. After House Bill 589 --- known officially as the Voter Information Verification Act (VIVA) --- was originally adopted in July of 2013, then signed days later by Gov. Pat McCrory (R), we explained it to be "the whole ball of wax. Everything that a Republican desperate to stay in power by keeping legal (Democratic-leaning) voters from being able to cast their legal vote could ever want, short of a provision declaring outright that 'Non-Republican voters need not apply'."

As the hearings begin, the Winston-Salem Journal's coverage over the weekend drew a bead on just how transparently partisan this legislation is, as it ballooned from 16 to 57 pages just days after the U.S. Supreme Court gutted the federal Voting Rights Act, before the law was adopted by both the state House and Senate in just two days...

If the race for Sec. of State in Ohio is any indication, we may have still more evidence now to suggest that the decade-long Republican effort to enact disenfranchising poling place Photo ID restrictions, under the guise of fighting "voter fraud", may be turning a corner toward its final end as a viable GOP voter suppression strategy.

In May we wrote an article titled "Peak GOP 'Voter Fraud' Fraud?", offering several disparate clues to suggest that the well-funded, well-organized, initally under-the-radar national effort by Republicans to disenfranchise Democratic-leaning voters by requiring state-issued Photo ID they knew that many of them did not have, was headed towards a slow, but inevitable death.

That article followed on the heels of a seemingly devastating blow to Wisconsin's Photo ID restriction law by a federal judge who struck it down, finding in his landmark ruling that the statute was in violation of both the U.S. Constitution and the federal Voting Rights Act, and that it was "absolutely clear" that the GOP-enacted law in the Badger State would "prevent more legitimate votes from being cast than fraudulent votes."

Our legal analyst Ernie Canning analyzed the WI ruling along side the other federal challenges against similar laws that are still pending in states like Texas, North Carolina and Arkansas, to suggest the WI decision "does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading 'facts', wild claims and dishonest interpretations of case law and court precedent." His legal analysis attempts to explain why the WI case "would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions."

We'll see if we're right in the months ahead, but the race for Secretary of State currently under way in Iowa to replace the incumbent Republican SoS --- one who had been embarrassed to find next to no "voter fraud" after running in 2010 on the notion of stamping it out --- suggests that even Republicans are moving on to other ideas...

I was interviewed over the weekend by OpEd News' Joan Brunwasser on the death of the recent 'Recounts for the Rich' legislation that had been sailing through the CA legislature until The BRAD BLOG's exclusive exposé detailing exactly what it would mean for citizen election oversight highlighted the dangers of the provision and helped to kill it.

See my thoughts on that, the Dems who were helping to pass the terrible Republican bill, some other recent voting news (both good and bad) for California, and a few other related thoughts (like who I really blame for all the Supreme Court disasters of late) in my interview with Joan...

In related news, I hope you'll take a moment this week to read Charles Lewis' article at Politico, "Why I Left 60 Minutes", for yet another helpful reminder of the radical importance of truly independent media, and why I so much need your help to survive here to continue all that we do.

My great thanks to those who have already donated of late! But if you haven't, please consider doing so. A one time donation is great. A monthly sustaining contribution is even better, as it may help, if we can get enough of them, to bring at least some stability to what we're able to do here as we head into another general election season, and as our eleventh year fighting as many good fights as we can, continues...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly $20 : $20.00 USD - monthly $50 : $50.00 USD - monthly $100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

The case against Wisconsin Gov. Scott Walker (R), charging that he ran a "criminal scheme" by coordinating his 2012 recall election campaign with about a dozen "outside" groups, is about much more than just Walker and his corruption.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Brendan Fischer, general counsel at the Center for Media and Democracy about what could be the very last piece of campaign finance law to fall in the wake of 2010's Citizens United and 2014's McCutcheon rulings by the U.S. Supreme Court. Depending on how the challenge against the case against Walker goes, there may be nothing left that keeps candidate campaigns from putting unlimited, undisclosed millions to work in buying our elections. In short, as I discussed with Fischer, democracy could well become even more hosed than it already is in this country. Who knew that was even possible, at this point?

Also, on this very busy BradCast on a very busy day: "the most prolific multiple voter in memory" (a case of massive GOP voter fraud in WI); the shadowy Photo ID initiative that went down in flames in CA; the terrible "recount" bill in CA that has now been (largely) killed following BRAD BLOG's recent exposé; a word or two about the latest absurdity in the GOP's pretend IRS "scandal"; and, as usual, Desi Doyen with the latest Green News Report and a some utter nonsense from Fox and Friends.

All of that and more (seriously) in this week's insanely busy BradCast! Enjoy!

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

A controversial California election reform bill that had been sailing through the state legislature with the inexplicable support of Democrats after being authored by a Republican lawmaker, has now been substantially rewritten --- some might say 'gutted'.

And that's a very good thing, according to Election Integrity experts we've spoken with.

Earlier this month, The BRAD BLOG wrote exclusively about AB 2369, a state bill which would have limited post-election voter-requested "recounts" in California to all but the very wealthy, given that it would have changed the state Election Code allowing any voter to request and pay for such a count, to require that the funding for the effort come "from the voter's own personal funds".

[NOTE: The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.]

The new provision would have been a very big change to current law and, as we reported, would restrict voters from raising funds to help pay for such a count. In the process, it would have drastically reduced the opportunity for citizen oversight of public elections in the state.

Democrats in the state Assembly supported AB 2369, as authored by Republican Assemblyman Curt Hagman for unknown reasons. It passed out of the lower chamber late last month by an astounding 66 to 7 vote, before being sent on to the state Senate.

And then we noticed the bill...

Back during the 2012 election cycle, there were so many cases of voter fraud and voter registration fraud by Republicans --- even very very high profile ones --- that The BRAD BLOG found ourselves dubbing it the "Year of GOP Election Fraud".

Well, it looks like there were even more GOP vote fraudsters at work that year, including this amazing case just revealed by prosecutors from the contentious 2012 Wisconsin recall elections of Republican Gov. Scott Walker and a number of state Senators, as well as the incredibly close state Supreme Court race that became a proxy battle election between Walker supporters and opponents...

Here's a bit of good news for California voters for a change: an effort to place a measure on the November 2014 ballot that would have implemented polling place Photo ID restrictions on voting in the Golden State has failed to gather enough signatures to qualify.

Similar voting restrictions enacted by Republicans around the country have recently been found to be in violation of both the U.S. Constitution and the federal Voting Rights Act. See this recent federal court ruling in Wisconsin, for instance, or this state ruling in Pennsylvania.

Despite those recent blows and others to GOP efforts to implement such policies, the aborted effort in California, headed up by a shadowy organization calling itself GuardMyVote.org, would deny the right to vote to otherwise legal voters who failed to present very specific types of Photo ID at the polls, or a photocopy of same for absentee voters. The legislative language of the detailed 7-page initiative [PDF] would have required voters to present a Photo ID with an expiration date that, among other requirements, "was issued by the United States or the State of California (excluding public colleges and universities)."

Why state-issued Photo ID from public colleges and universities would not have been acceptable is not stated in the proposed measure, but similar GOP-enacted Photo ID restrictions in other states have been found by courts and academic studies alike to disproportionately discriminate against those who tend to vote Democratic, including minorities, the elderly, the poor and student voters.

Had the initiative made it onto the ballot and then been adopted by California voters, it would have taken effect on January 1, 2016, just in time for that year's Presidential election cycle. The failed effort may also prove to be a dodged bullet for Pete Peterson, the state's 2014 Republican nominee for Secretary of State who would have also been on the same ballot. Peterson managed to dodge some of The BRAD BLOG's specific questions about his position on such initiatives in "blue" California.

In a short search, the only names The BRAD BLOG has been able to find involved in the failed CA Photo ID measure appear to be two Rightwingers, though it's unlikely that either crafted the detailed legislative language of the proposal. The woman who submitted the initiative to the state identifies herself as a "conservative" talk radio host who broadcasts out of Palm Springs, even though, as the summary of the initiative [PDF] created by the state Legislative Analyst and Director of Finance found, the fiscal impact of the initiative was anything but conservative. The initiative, if adopted, would have included increased costs to state and local governments "potentially in the range of tens of millions of dollars per year" and required a potential increase in state funding of elections to the tune of "about $100 million," according to the legislative analysis.

The slick GuardMyVote.org webpage describes the group as a "pending" non-profit, non-partisan 501(c)4 social welfare organization. According to the site's "About Us" page: "Guard My Vote is a non-profit volunteer organization dedicated to protecting the integrity of the vote and the voter rights of all eligible California citizens, native born or naturalized."

The site accepts contributions but offers no information on exactly who they are, or who has funded either the initiative or the website. For all of their claims about "integrity," the site fails to list a single name or organization backing the initiative, so we had to do a bit of digging...

Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...