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...

I was joined today by The Nation's Ari Berman on my KPFK/Pacifica Radio show to discuss his new article today in Rolling Stone on "The GOP War on Voting". See my report on his article from earlier in the day right here.

This was an important discussion about an important article about one of the most important issues to directly effect the outcome of virtually every election in the nation in 2012. None of that, apparently, given what the rest of the MSM decided to cover today, is any where near as important as whether John Boehner will allow the President to speak to a joint session of Congress on Sept 7th or or whether it'll have to be on Sept 8th, and whether Christine O'Donnell or Sarah Palin will appear at a "Tea Party" event this weekend in Iowa.

And you wonder why we're in the mess we're in.

My conversation on "The GOP War on Voting" with Ari Berman today follows...

Download MP3 or listen online here [appx 27 mins]...

[NOTE: Ari Berman, author of the article discussed below, joined me on my KPFK/Pacifica Radio show today. That interview is now posted here. - BF]

While readers of The BRAD BLOG may be familiar with many of the items covered in Ari Berman's fine new article "The GOP War on Voting" at Rolling Stone today (and in its Sept 15, 2011 issue on newsstands), it's great to have a summary of all of the latest state-based assaults on voting rights instituted to date, in the wake of last year's Republican wave election, all in one place.

Berman covers all of these and more in his piece on the "unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that elected Barack Obama in 2008," described by one civil rights advocate as "the most significant setback to voting rights in this country in a century"...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

The Jones County, Mississippi, slogan is "A Great Place to Live." While this may or may not be true, and I've never been there, it's clearly not a great place to vote. At least if voting in a way that is verifiably accurate for the citizenry is something one might care about. A remarkable statement by the county's Circuit Clerk, and a unanimous decision in support of it by the County's Board of Supervisors this week, has made that as clear as can be.

You may recall that just last week, e-voting system failures --- such as e-voting machines that wouldn't start up at all and votes that were counted twice --- led to chaos and uncertain results in Mississippi's state primaries, leading one official to declare days afterward, as they were all struggling to sort out results of several close elections: "At this point there is no election...Everyone is baffled."

Against that backdrop then, behold what Jones County, MS, Circuit Clerk Bart Gavin is now calling for --- and receiving unanimous approval from the Jones County Board of Supervisors for(!) --- as irresponsibly reported without even a hint of fact-checking by Laurel Leader-Call reporter Charlotte Graham under the laughably misleading headline, "Improving the voting process" [emphasis added]...

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

On today's BradCast on Pacifica Radio's KPFK here in Los Angeles, I picked up on all that's transpired over the last several days in the Wisconsin recall mess, as reported at The BRAD BLOG of late, including yesterday's late-night concerns about our old friend Kathy Nickolaus, the GOP activist and County Clerk of Waukesha County which played a key role in last night's drama and reported results.

Other links of note, as quickly referenced during the show, the blocking of exit polls (only) in Waukesha yesterday, the miselading absentee mailers from the Kochs' Americans for Prosperity and the Kochs' AFP front group front man in WI.

After an opening rant or three, my guest, straight from Wisconsin, was former Green Party chair Ben Manski of LibertyTreeFDR.org, MoveToAmend.org, WisconsinWave.org and DemocracyConvention.org on what happened yesterday in the Badger State and how to move the democracy ball forward in the future against the enormous forces working to crush it (even more than they already have.)

As discussed, democracy is now under direct assault, very generally, in at least three and seemingly insurmountable areas:

• Access to the polls (Photo ID restrictions, etc.)
• Overseeing tabulation of votes (E-voting issues)
• Corporate control (Citizens United and the obscene flood of corporate $ bastardizing the entire electoral/democratic system)

Luckily, we were able to solve all three of those issues in 28 minutes of commercial-free radio, the archive of which follows below for your listening pleasure...

Download MP3, or listen online below...

P.S. I'll be live on Stephanie Miller's show tomorrow (Thursday) at 8am PT, and then on Ed Schultz radio show at 10am PT. Tune in if you're inclined!

On Saturday we posted an article detailing the similarities, and apparent coordination, in misleading "Absentee Ballot Application" mailers sent out to Democratic voters by both the David Koch-founded Americans for Prosperity - Wisconsin and a mysterious group calling themselves United Sportsmen of Wisconsin.

The Americans for Prosperity mailer, sent out in Wisconsin last week in advance of tomorrow's state Senate recall election of six Republican state Senators, included instructions that absentee ballots must be submitted by August 11th --- even though the election in question is actually tomorrow, August 9th.

The PO Box described as the "Absentee Ballot Application Processing Center" on those mailers belonged to a Rightwing family group tied to the anti-abortion movement. A spokesperson for the group, as we reported, said that while they were part of a "coalition" with AFP, they claimed to have had no idea AFP was using their PO Box on the mailers until they started receiving them, and that they hadn't seen the mailer before it went out. For their part, AFP claimed the incorrect date was simply a "typo" in two districts where they had sent the mailings, and that "liberals" were making a "mountain out of a molehill" about it all. Late last week, however, in a followup mailing, the group admitted that it had gone out to "everyone" in all of the state Senate districts, rather than just the two where Democrats will face recall elections next week (as opposed to tomorrow's GOP recalls) and blamed the incorrect date on their printer.

The United Sportsmen of Wisconsin (USW) mailers, almost identical in form, font, content, and type-setting, as we showed, had no information about who had paid for the mailings on them, and instructed voters that they needed to return their absentee ballots to the elections clerk by August 4th --- even though ballots may be delivered to the Wisconsin election clerks as late as the close of polls on August 9th.

Since we ran our article over the weekend, which suggested, among other things, previously-undocumented coordination between AFP and USW, and since there was little information to be found about USW on the web, a number of readers have been digging in to try and figure out exactly who the so-called United Sporstmen of Wisconsin actually are, as have we.

And, whaddaya know, a bit of digging reveals that the group was very recently founded by one John W. Connors, a long-time staffer and director of Americans for Prosperity, a College Republican leader, and a rather prolific founder of a number of hard-right political front groups with a record of deception in recent Wisconsin elections...

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...

On Tuesday, we highlighted some of the many failures of e-voting systems in the Jackson, Mississippi (Hinds County), metropolitan area during their statewide primary election that day. Apparently enough systems failed, touch-screen systems that simply malfunctioned and refused to allow votes to be cast, names missing from electronic "ballots," etc., that the Clarion-Ledger quoted a senior Democratic party official yesterday offering this remarkable statement:

What? Verify an election before announcing results?! Candidates refusing to concede before that's done?! And how exactly will they be able to "verify" those numbers from 100% unverifiable electronic voting systems? My goodness. It's anarchy in Mississippi!...

It's Primary Election Day in Mississippi and so, in a preview of next year's nightmare to come, a quick look at the early reports of voting machine problems coming out of the Jackson metro-area as reported by the Clarion Ledger who, as is required by law for MSM reporting on such things, refers to the reported voting machine failures as little more than "technical glitches." That, even in one case where 3 out of the 4 voting machines in use at a single precinct had failed. Good thing they had paper ballots on hand --- and that this wasn't a Presidential election!

So here's a quick roundup, from the Clarion-Ledger's running blog earlier this morning, of some of the technical "glitches", "hiccups", "snags" and "snafus" reported before noon near Jackson where, unless they break down, fail, won't start up, have the wrong names on the "ballots" or feature other problems that keep voters from being able to cast their vote on anything but a verifiable paper ballot, they use 100% unverifiable touch-screen voting machines.

Oh, and the Dept. of Justice is deploying monitors to 11 counties in the state today for some reason...

Matthew Vadum will lie about anything he needs to in order to collect his wingnut welfare paychecks apparently. American values such as democracy be damned. It's partisan politics (and paychecks) at all costs.

Vadum has, of late, taken over from the disgraced Bush/Cheney general counsel turned fake "voting rights advocate" Thor Hearne of the fake "American Center for Voting Rights" (ACVR), and the disgraced liar John Fund of the Wall Street Journal as the moment's GOP master of media misinformation meant to confuse the public about polling place Photo ID restriction laws passed by the GOP in statehouses around the country over the past few months in order to suppress the legal Democratic-leaning vote in advance of 2012.

Like Hearne and Fund before him, he's very good at his job. He's very aggressive. And there is little he is unwilling to blatantly, if cleverly, lie about to fool his gullible constituency.

Vadum's latest misinformative article, as published by Tucker Carlson's The Daily Caller and, predictably, echoed around the intellectually dishonest and incurious wingnut blogosphere last week, picks up where his recently published propaganda book about ACORN leaves off.

That book, which he was kind enough to send us a copy of recently, is pitched on its cover and its publicity sheet as an exposé uncovering the truth behind the former four-decade old community organization who he describes as "Ballot Box Stuffers," "Urban Terrorists," and "Gangsters."

That his silly book fails to detail even a single ballot box "stuffed" by ACORN is little surprise. There exists no actual evidence, after all, of any illegal vote ever having been cast by any voter who was improperly registered by an ACORN worker. But this is all politics as usual to partisans like Vadum. So preposterous propaganda meant to directly undermine American democracy is merely all in a days work for dudes like him.

The same disingenuous "voter fraud" sleight-of-hand used in his book is once again recycled in his latest "news" article. Like his book, the article is meant to do little more than dishonestly reinforce support for reprehensible voter suppression laws that offer an advantage to Republicans at the ballot box. As Vadum knows, it's far easier for Republicans to "win" elections by keeping their opposition from being able to cast their legal votes --- and certainly easier than risking jail time by gaming electronic voting systems --- than it would be to actually garner popular support for their actual agenda. That's the game for which Vadum gets paid.

He's a rather silly man, and its child's play, naturally, to demonstrate, using his own words --- as we've been doing similarly for years with now-disgraced 'voter fraud' fraudsters like Hearne and Fund --- how Vadum knowingly lies to his constituency. But we guess it's necessary to do it one more time here with Vadum, if only to place it on the Internet record to help those who don't know about him or his pernicious scam, and how it's meant to mislead otherwise good folks with clever "voter fraud" rhetoric that represents the problem as something far different than what it actually is....

On my Pacifica Radio show today on KPFK in Los Angeles, I discussed yesterday's report at The BRAD BLOG concerning the woman who was forced to jump ridiculous hoops while trying to help her son get Photo ID at the Wisconsin DMV in the wake of the new GOP voter suppression law there which institutes polling place Photo ID restrictions before legal voters are allowed to cast their legal vote.

By the way, I spoke to the woman today --- who'd like to be identified only as Nicole --- and she made clear that her video was not secretly taped (as, for example, James O'Keefe's ACORN hoax tapes were). Her video camera was on the table and in plain sight the whole time, she told me.

As seen (and heard) in her video tape, during the process of trying to get the Photo ID for free at the DMV, as allowed by the new statute, the son's bank statements were rifled through, and questioned as to whether they showed enough "activity" on them. Also, they were almost charged $28 for the "free" ID, which brought up questions as to why the WI DMV policy is to charge applicants, unless they know to "request" the ID for no charge.

I also took the opportunity during the show to offer a bit more background context, including a 1980 sound clip from Paul Weyrich, one of the "conservative" movement godfathers, during which he calls for fewer people to be allowed to vote. "Quite candidly," he said to the convention of Baptist ministers where Ronald Reagan and Jerry Falwell also spoke, "our leverage in elections goes up when the voting populace goes down."

That's what all of this is about. He says it quite plainly in the video tape.

Weyrich went on to found the non-profit American Legislative Exchange Counsel (ALEC), the group of Rightwingers said to be responsible for writing the polling place Photo ID restriction laws being passed by Republicans now in state after state. I also share some hard stats on who will actually be affected by these laws (and who will not.) And, for good measure, I tossed in some Stephen Colbert speaking about Photo ID and "voter fraud" as well.

Enjoy!

Download MP3 or listen online below [appx 28 mins]...

"This is what voter suppression looks like."

Those are the words on the final title card in the video [embedded below] shot by a Wisconsin woman documenting her experience at the DMV in Madison last week. The video purports to illustrate the ridiculous extra, and invasive, efforts many previously-legal voters in the Badger State will now likely face in order to exercise their right to vote in the state since the passage of the GOP majority's newly enacted voter suppression laws.

In this case, the woman was trying to help her son get a free Photo ID at the DMV, as is his right under the new statutes. At first she was told the charge for the supposedly-free ID would be $28, and that was only after she convinced a clerk that there had been enough "activity" in her son's bank account, as used by the clerk to determine whether or not he actually resided in the state.

And that was for an affluent white resident. If you're a homeless person in WI, as the woman's interview with another clerk in the video suggests, you can pretty much just forget about being able to vote at all under the new law.

An official at the Wisconsin Dept. of Transportation confirmed to The BRAD BLOG that those seeking the Photo ID for free must actually know to request it during the application process, as required by the language, she told us, in the new state statute...

Prepping for tonight's Malloy Show, so very quickly, this from Wednesday night's Colbert Report. Can't tell you how nice it is, after so many years, that I'm no longer one of the very few yelling and screaming about this shit...