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Latest Featured Reports | Thursday, December 18, 2014
'Green News Report' 12/16/14
  w/ Brad & Desi
Congress wraps for year w/ GOP anti-enviro initiatives to be signed by Prez; UN summit wraps up in Peru - ALL nations are in for Paris; PLUS: Another Bush, another climate denier...
Previous GNRs: 12/9/14 - 12/11/14 - Archives...
Bloomberg Editors Refuse to Correct Inaccurate, Misleading Photo ID Editorial
Read the 'mind-boggling' responses to BRAD BLOG's emailed explanation of blatant errors and inaccuracies in Francis Barry's op-ed...
Proponents of Oregon GMO Measure 92 Concede Defeat
Adverse court ruling, barring inclusion of 4,600 rejected ballots, signals end of road (for now) of state's most expensive campaign, decided by just 800 votes out of 1.5 million cast...
'Green News Report' 12/11/14
  w/ Brad & Desi
GOP anti-enviro wish list in "Cromnibus" bill; Crunch time at UN climate talks; Calls for an end to fossil fuels; Australia goaded into action; PLUS: CEO indicted for WV chemical spill...
Previous GNRs: 12/9/14 - 12/4/14 - Archives...
The Clint Curtis Story, Ten Years Later: A KPFK 'BradCast' Special Edition
It's been 10 years since we broke the whistleblower's claim about vote-rigging software, Rep. Tom Feeney (R) and more. So it seemed a good time to catch up with him...
SOLVED: Mystery that Flipped Maine Senate Election!
21 'phantom ballots' flipped the results of a Nov. 4th state Senate election from D to R. But a dramatic turn of events and hand-counted paper ballots have now resolved the mystery...
'Green News Report' 12/9/14
  w/ Brad & Desi
Super Typhoon Hagupit blows 2014 into record books; Doesn't look good for KXL, if Obama on Colbert Report can be believed; PLUS: Rich v. Poor divisions stall UN climate talks...
Previous GNRs: 12/4/14 - 12/2/14 - Archives...
Bad News for Fox 'News' Viewers: 'Fox & Friends' Calls for Voter Literacy Tests
If they had to pass a test on American history and government, Fox 'News' viewers, as studies show, would be in big, big trouble...
Thousands of Ballots Excluded from Oregon's GMO Ballot Measure 'Recount'
Proponents charge interference by out-of-state corporate opponents, state's failure to count legal ballots due to 'signature problems'...
NC Repubs Trying to Run-Out Clock on Voter Suppression Lawsuit (Again)?
Plaintiffs charge state attempt to reschedule next summer's federal trial 'unsupportable', 'disingenuous'...
'Green News Report' 12/4/14
Biggest German utility spins off fossil fuel assets; Fossil fuel biz running scared? FL punishes homeowners for not polluting; PLUS: MSNBC's Big Coal infomercial...
House Judiciary Letter Suggests Impeachment for Wife-Beating Judge
Bi-partisan congressmen seek update from 11th Circuit Court, cite potential impeachment of Judge Mark Fuller...
'Green News Report' 12/2/14
New UN summit underway; Record rain, drought in CA; Global cost of falling oil prices; PLUS: Legacy of world's worst industrial disaster, 30 years later...
'Recount', Concerns in AZ U.S. House Race
Razor-thin computer-reported margin, failed paper-ballot tabulators, untallied provisionals, terrible 'recount' rules leave Barber-McSally contest in AZ-2 unsettled...
'KPFK' BradCast: Maine Mystery, Ferguson Fury and Thanks for Something
'My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seems'...
Mysterious Ballots Flip Maine Senate Recount Result From Democratic to Republican
21 'phantom' ballots appear out of nowhere in tiny Maine town, reverse results of very close state contest...
'Recount' for Oregon's GMO Ballot Measure
Fewer than 900 votes separate 'Yes' from 'No' on 'Right to Know' Measure 92, out of more than 1.5 million paper ballots tallied by computers statewide in Nov. 4 election...
'Green News Report' 11/25/14
Cuomo blames meteorologists for his Buffalo storm fail; Canada protests another tar sands pipeline, lead's world in deforestation; PLUS: World Bank's dire warning...
No Indictment in Ferguson Shooting
A few thoughts on the St. Louis County Prosecutor's extraordinary spectacle and miscarriage of justice in the killing of Michael Brown...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
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?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


By Brad Friedman on 10/29/2014 8:50pm PT  

With the latest KPFK/Pacifica Radio fund drive behind us, it was great to be back on the air live today with The BradCast!

Just in time for Election Day next week, we got everybody up to date on all of the terrible SCOTUS rulings in regard to GOP voter suppression from over the past several weeks --- in OH, NC, WI and TX (and an important Photo ID ruling by the state Supreme Court in AR) --- for those who may have missed our coverage during the fund drive. Now it's up to the voters to try like hell not to be disenfranchised, particularly in TX, where it won't be easy this year.

Plus, our musical tribute to touch-screen vote-flipping now taking place all over the country --- yet again! And, the latest Green News Report with Desi Doyen as the future of climate change is on next Tuesday's ballot.

Enjoy!

Download MP3 or listen online below...

* * *
You are the only one who pays us to continue our independent blog and broadcast coverage of election issues and other stuff that actually matters and is often covered nowhere else. If you haven't contributed in a while, or ever, please consider doing so below so we can keep going --- especially right now! Thank you!

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The first state, along with GA, to install Diebold's 100% unverifiable systems in 2002 are still forcing them on voters in 2014...
By Brad Friedman on 10/29/2014 6:05am PT  

As we told you recently, after 100% unverifiable touch-screen voting systems reportedly began flipping votes from Democratic to Republican in Texas, and from Republican to Democratic in Illinois, and then from "NO" to "YES" on an anti-choice measure in Tennessee, there would be more. There always is, as we discussed on Thom Hartmann's TV show earlier this week.

Now it's reportedly happening in Maryland. Again.

Yes, there are still many states and counties out there that have so little respect for their voters that they force them to use these horrible, completely unverifiable electronic voting systems because, clearly, they don't give a damn whether votes are recorded accurately or, more to the point, whether any voter can ever know that any election result actually reflects the will of the voters. Whether these systems fail (as they often do), whether they are hacked (as they easily are), or whether they work accurately, voters can never know one way or another --- and that is the core problem with them.

Nonetheless, these machines are still in use across the country in 2014. One of the very first states to foist them on voters back in 2002 was Maryland, when they installed 100% unverifiable Diebold touch-screen voting systems across the entire state.

Those systems are still being used there today and --- whaddaya know? --- they are flipping votes, according to the state Republican Party which is now demanding an investigation after receiving complaints from "about 50 voters in 12 Maryland counties"...

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

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By Brad Friedman on 10/28/2014 12:31pm PT  

It occurred to me on the way over to the studio on Monday, when I was worried I might be running late, that if I didn't make it, Thom could just re-run the almost identical conversations we've had about virtually the same damn thing from back in 2012 or back in 2010 or back in 2008 or back in 2006, etc...

For much more on the above, please see these stories from Friday:

"E-Votes Flip D to R in Texas, R to D in Illinois: More Trouble With Touch-Screens (2014 Edition)"
"Touch-Screen Votes Flip 'No' to 'Yes' on Abortion Amendment to State Constitution in TN"

...and whatever other similar stories we may have to run between now and Election Day next Tuesday.

* * *

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State's chief election official stands to benefit from unlawful new process in re-election bid against Dem Maggie Toulouse Oliver...
By Brad Friedman on 10/28/2014 6:05am PT  

No doubt this is precisely the sort of thing that Chris Christie, New Jersey's governor, chair of the Republican Governors Association and 2016 Republican Presidential hopeful, was talking about last week when discussing the need for Republicans to be in charge of the "voting mechanisms" in 2016.

New Mexico, certain to be a key swing state once again in the 2016 Presidential election, currently has both a Republican Governor, the popular Susana Martinez, and a Republican Secretary of State, Dianna Duran. Both are up for re-election this year. Duran is in a neck-and-neck race against her Democratic opponent Maggie Toulouse Oliver.

Duran is one of those GOP "voter fraud" fraudsters who likes to pretend there is a massive epidemic of voter fraud that needs correcting via polling place Photo ID restrictions, even though such measures prevent far more legal (largely Democratic-leaning) votes from being cast than fraudulent ones --- and even though she's been able to find next to none since taking office four years ago.

At the same time, Duran appears to be slow-walking thousands of perfectly legal new voter registrations from being processed by the state Motor Vehicle Department (MVD), despite a 2010 court order issued after a settlement with the federal government requiring New Mexico to comply with the 1993 National Voter Registration Act, the so-called "Motor Voter" law.

On Monday, the Santa Fe New Mexican offered this distressing report from Brian Sweeney, a state voter, or, at least, someone who has been trying to be one for months without success...

When I moved to Santa Fe this summer, one of the first things I did was apply for a New Mexico driver's license. At the same time, I registered to vote using a paper form. This week, I learned from the secretary of state's registration information website that my voter registration was never processed. I received no notification of any problems with my registration.

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

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Rutgers finds Christie's unilateral, illegal voting experiment resulted in tens of thousands of unauthenticated votes in 2012...
By Brad Friedman on 10/27/2014 3:01pm PT  

In the run-up to the 2012 Presidential Election, as Superstorm Sandy was bearing down hard on the East Coast, we wrote quite a bit (both here and at Salon) about how flooding and, specifically, power outages in several states that rely almost exclusively on electronic voting systems, could cripple the integrity of elections in a number of them.

Ultimately, among the hardest hit of those northeastern states was New Jersey, which, shamefully, still forces almost all of its voters to cast their ballots on 100% unverifiable electronic touch-screen systems.

On the weekend before Election Day, as water was rising and power was out across much of the eastern part of the state, NJ's Gov. Chris Christie and Lt. Governor Kim Guadano issued an unusual, emergency order, allowing for the use of early voting to ease the crush on Election Day in areas where some polling places would be shut down to due flooding, and for the use of paper ballot voting in precincts where power was still likely to be out as of Election Day.

We applauded those emergency measures at the time, particularly as the chances for voters to actually have their votes counted accurately and transparently could only increase with the use of hand-marked paper ballots in a state which has had nothing but disasters over the years with their oft-failed, easily-manipulated touch-screen voting system.

However, at the same time Guadano was announcing those emergency measures, she also --- without bothering to consult with election officials around the state --- tossed in one other emergency order [PDF] which, as we warned at the time, was likely to be a terrible mistake.

Guadano ordered emergency Internet Voting --- of a sort --- by allowing for voters displaced by the storm (and it would be left up to election officials' discretion to determine which voters were or weren't "displaced") to cast their ballots via email or fax.

We now know, thanks to a new report from the Rutger's School of Law [PDF], that, indeed, NJ's experiment with voting over fax and the Internet was a disaster, one that led to tens of thousands of unauthenticated votes in 2012, and which hasn't hasn't been reported by the media...until now...

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

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By Brad Friedman on 10/24/2014 2:39pm PT  

Just after this morning's official start of our regular biennial coverage of votes flipping on 100% unverifiable touch-screen voting systems around the country, this report comes in right on cue from the great state of Tennessee...

"I honestly sort of slapped my head and said, 'Why me? Why did this happen to me?'" said Bernie Ellis, of Santa Fe.

Ellis said he voted "no" on Amendment One Thursday. Before he submitted his ballot, he noticed a problem.

"Sometime between when I cast my vote and when I got to the review page, the machine had changed my vote to a 'yes,'" Ellis said.

Beverley Turner, of Columbia, experienced the same issue last Friday when she tried voting "no" on the same position.

Both Ellis and Turner voted at the Maury County Election Commission.
...
Tennessee's 95 counties use touch screen election machines.

Amendment 1 is a TN ballot measure that would amend the state constitution to allow the legislature to "to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother."

Ellis, who explains what happens in the video posted below, happens to be a long-time election integrity advocate in Tennessee. He was very instrumental in helping the state legislature pass, nearly unanimously, the Tennessee Voter Confidence Act (TVCA), a 2008 law to move to all of their 95 counties to paper ballots. Shamefully, after TN Republicans took over the legislature later that year (via the statewide touch-screen voting system, in a year when the GOP got trounced literally everywhere else in the country), they fought and then eventually repealed the reform which would have done away with the state's 100% unverifiable e-voting system.

The Republican fervor to continue the use of such unverifiable voting systems in the state may have been best reflected by a comment offered directly to us in 2007 at a meeting of the Davidson County (Nashville) election commission. After Tennessee election integrity documentarians David and Patricia Earnhardt (filmmakers of the award-winning Uncounted: The New Math of American Elections, which both Ellis and I happen to appear in) reported seeing their own votes flip on touch-screen systems in Davidson County during Early Voting for the 2008 Presidential Election there, we explained:

In 2007 we had the displeasure of attending a meeting of the Davidson County, TN, Election Commission ourselves. While the Democrats on the committee were in the majority, the three hapless Democratic members were run roughshod over by the two Republicans who virtually ran the entire meeting themselves.

The Republican who seemed to be in charge of things, Commissioner Lynn Greer, while the actual Chair Eddie Bryan did almost nothing, actually told us after the meeting --- and after we'd spoken during it, to warn about the troubles they would have with their touch-screen systems --- that "paper ballots are the greatest fraud ever perpetrated on America."

It seemed as though he actually believed those words as they came out of his mouth.

Greer later became Chair of the county's Election Commission after Republicans took over the state legislature that year for the first time since Reconstruction.

For much more on the issue of touch-screen vote-flipping, what you need to be concerned about, what you don't need to be concerned about, and what you can do about all of it, please see our earlier detailed story today on votes now reportedly flipping Democratic to Republican on Diebold touch-screens in Texas and flipping Republican to Democratic on Sequoia touch-screens in Illinois.

The systems reportedly flipping votes in Maury County, TN are the infamous iVotronics made by ES&S, the nation's largest voting machine manufacturer and the one with, perhaps, the longest and most spectacular history of election failures in the U.S.

* * *

Here's the video report on the Maury County vote flips from WSMV...

* * *
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By Brad Friedman on 10/24/2014 6:05am PT  

And so begins our traditional, biennial (if not more frequent) coverage of partisans understandably freaking out when their 100% unverifiable touch-screen votes are seen flipping on screen from a candidate or candidates of their preferred party to a candidate or candidates from a different party.

Historically, over the past decade since we've been covering it (and related issues), this issue has occurred far more often for Democratic voters seeing their votes flip to Republicans. Nonetheless, the opposite phenomenon (as well the scenario involving third party or independent candidates) is not entirely uncommon. And, in all cases, voters should be concerned, election officials should be embarrassed and elected officials who continue to allow the use of these unverifiable secret vote-counting systems --- antithetical to American democracy and public elections as they are --- should beg forgiveness from their constituents, rather than begging for more money and more unverifiable votes.

As Early Voting is now under way in much of the country, we are, predictably, beginning to receive our first reports from voters seeing their votes flipped before their eyes on touch-screen voting systems. One such case involves a tip we received about straight-party Democratic votes reportedly flipping to Republican straight-party votes in Collin County, TX. Another case, reported widely on Thursday in the rightwing media, concerns a similar incident in Cook County, IL, where a GOP candidate says that his attempted Republican votes flipped before his very eyes to Democratic ones on that county's unverifiable touch-screen voting systems.

There is good and bad news here. And there are a number of myths and truths about these systems and these sorts of incidents which we've documented almost non-stop over the past ten years at The BRAD BLOG. So let's review a few key points about what actually occurred and didn't, what you should be concerned about in both the TX and IL cases and what you should do if it happens to you, as these occurrences are almost certainly going to continue between now and Election Day on November 4th...

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

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By Brad Friedman on 10/23/2014 8:05am PT  

On the stump this week for Republican candidates, NJ's Gov. Chris Christie said GOP governors need to win this year, so they can be in control of the "voting mechanisms" during what he believes might be his own run for President in 2016. He cited three races in particular, in three states that would be crucial to him as the GOP nominee, as reported by New Jersey's The Record...

Governor Christie pushed further into the contentious debate over voting rights than ever before, saying Tuesday that Republicans need to win gubernatorial races this year so that they're the ones controlling "voting mechanisms" going into the next presidential election.

Republican governors are facing intense fights in the courts over laws they pushed that require specific identification in order to vote and that reduce early voting opportunities. Critics say those laws sharply curtail the numbers of poor and minority voters, who would likely vote for Democrats. Christie - who vetoed a bill to extend early voting in New Jersey - is campaigning for many of those governors now as he considers a run for president in 2016.

Christie stressed the need to keep Republicans in charge of states - and overseeing state-level voting regulations - ahead of the next presidential election.
...
"Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist? Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?" he asked.

Great questions, Governor Christie! Let's take a crack at offering some answers for ya...

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

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U.S. Veterans' Affairs ID CAN be used for voting in TX this year...
By Brad Friedman on 10/22/2014 2:35pm PT  

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

Well, it is still very likely that some 600,000 legally registered voters in Texas will find themselves unable to vote at the polls this year in the Lone Star State, thanks to the U.S. Supreme Court's horrible weekend order leaving the state GOP's Photo ID voting law in place for now, pending the state's appeal to the ruling of a lower court earlier this month which found the law to be intentionally discriminatory and an "unconstitutional poll tax".

But at least the record on that law for now, as described in Justice Ruth Bader Ginsburg's sharp pre-dawn dissent issued Saturday morning (joined by Justices Sotomayor and Kagan) is now accurately reflected at the U.S. Supreme Court, thanks, in part, to The BRAD BLOG's questions about what appeared to be an error in her opinion.

Ginsburg had originally stated in her otherwise on-point dissent (which the 81-year old Justice literally stayed up all night working on, before releasing it at 5am ET on Saturday morning!) that Texas will not "accept photo ID cards issued by the U. S. Department of Veterans' Affairs" for voting this year.

The "good" news is, that assertion does not appear to be true, and Ginsburg, following a chain of events spurred by our background inquiry, has now corrected the record in her official opinion published by the Court.

Here's what happened...

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

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By Brad Friedman on 10/20/2014 5:11pm PT  

...They can probably save money on signage by just changing the dates on some of the old signs...

I had tweeted over the weekend...

To which @TexasTruthSerum replied with the photo above and the comment...

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

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Despite uncontested findings of purposeful discrimination in the GOP law, strict new Photo ID restrictions allowed to take effect...
By Ernest A. Canning on 10/18/2014 2:52pm PT  

- with Brad Friedman

As the plaintiffs in the otherwise successful challenge to Texas Republicans' polling place Photo ID restriction law pointed out during their emergency petition to the U.S. Supreme Court earlier this week --- after an appeals court panel had temporarily stayed a lower court's determination that the law was discriminatory and thus, stricken down --- it was the High Court itself which, when it gutted a central provision of the Voting Rights Act last year, promised there were other provisions still standing in the landmark VRA that could adequately be used to prevent discriminatory voting laws in all 50 states.

"Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2" of the Voting Rights Act, the John Roberts Supreme Court majority declared at the time. Apparently they were just kidding.

As the plaintiffs in the case persuasively argued in a filing at the court on Friday, "If voters cannot be protected after findings --- including a finding of intentional racial discrimination --- and a permanent injunction in a case where there was a year of discovery, nine days of trial, and an exhaustive, comprehensive District Court opinion, then when will they be?"

The answer to that question came back from the Court in the form of a pre-dawn order [PDF] issued Saturday morning upholding the appellate court's ruling that, even though the law, SB 14, is discriminatory, as found by the lower court after a full trial on the merits, the Photo ID restrictions that are likely to disenfranchise some 600,000 legally registered and disproportionately minority voters in the Lone Star State will be back in effect for this November's mid-term elections.

The trial earlier this year, challenging the law under both the U.S. Constitution and Section 2 of the Voting Rights Act --- the section that SCOTUS had previously announced was more than adequate to protect voters --- determined that the Texas law "creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." U.S. District Court Judge Nelva Gonzales Ramos also found in her 147-page ruling, that "SB 14 constitutes an unconstitutional poll tax."

Texas had already required ID for every single polling place voter in the state from 2003 to 2013, and even though state Republicans' even more extreme version of Photo ID restrictions on voting instituted by SB 14 had already been found racially discriminatory by the U.S. Dept. of Justice and again by a U.S. District Court in D.C. based on data supplied by the state of Texas itself, and now, once again, found both discriminatory and unconstitutional by a U.S. District Court in Texas after a full trial, the U.S. Supreme Court upheld an appellate court stay issued this week on the basis that the lower court's ruling came just too close to the election to change the rules at this point.

The 5th Circuit Court of Appeal had reasoned that it was better for all 600,000+ voters to face potential disenfranchisement under the racially-motivated law, rather than just a few who might face a poll worker that didn't receive adequate notice that the more restrictive ID law --- the one allowing concealed weapons permits, but not state-issued Student IDs, the one that doesn't even allow U.S. Government Veterans IDs as proof of identity for voting --- had been approved for use. It appears that a majority of Supreme Court Justices agreed.

Like the appellate court, the SCOTUS majority did not dispute any of the District Court's findings nor explain why those findings did not outweigh the "potential" disruption of the Lone Star State's electoral apparatus on the eve of an election. Its cursory order, however, leaves no room for doubt that the Court has expanded what is known as "the Purcell principle" so that, no matter how egregious the law in question, no matter the evidence establishing deliberate racial discrimination and widespread disenfranchisement, the Court will apply a per se rule that an injunction barring the illegal disenfranchisement of voters will be stayed if it is issued in close proximity to the start of an election.

While the SCOTUS majority failed to offer a written opinion to explain their decision to allow massive disenfranchisement in Texas this year, Justice Ruth Bader Ginsburg, writing on behalf of herself and Justices Sotomayor and Kagan, provided a tightly written dissent offering documented facts and uncontested evidence to support her opinion that the Supreme Court should have vacated the 5th Circuit's last minute stay of the lower court ruling...

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

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By Brad Friedman on 10/17/2014 1:50pm PT  

We really should have taken some time off this past summer, cause it looks like we may not get a good break anytime soon. It may be a much busier November, December and even January than we'd like.

Rachel Maddow highlights what we regard as our personal nightmare scenario: "Almost every legitimately contested, legitimately interesting race in the country --- is tied, right now, with less than three weeks to go"...

Ugh.

"With this many top of the ticket races tied, turnout will be everything," Maddow explains. "So now's the part where we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook. ... Right now, big picture, three weeks out: this is a tie game. Close enough to be fascinating, but also close enough to be stolen"...

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

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Case against GOP Photo ID voting law in Lone Star State is very different than recent cases before the Court, plaintiffs argue
UPDATE: Texas responds, blames 'emergency' on plaintiffs' rush to have case tried before the election...
By Ernest A. Canning on 10/16/2014 1:09pm PT  

Attorneys for U.S. Congressman Mark Veasey (D-TX) and other plaintiffs have filed an Emergency Application[PDF] with the U.S. Supreme Court, seeking to restore a lower court ruling that struck down the law last week as intentionally discriminatory and an unconstitutional poll tax. That initial U.S. District Court ruling was subsequently stayed by the 5th Circuit Court of Appeals earlier this week.

Veasey's application was followed by the filing of another Emergency Application [PDF] by the United States Department of Justice (DoJ). Both were filed with Justice Antonin Scalia who oversees the 5th Circuit. Scalia has instructed the DoJ to respond by 5p ET on Thursday.

Both applications to SCOTUS were filed in the case of Veasey v. Perry in which a U.S. District Court, after a full trial on the merits, imposed a permanent injunction, preventing the State of Texas from implementing the nation's strictest photo ID law, Senate Bill 14 (SB 14).

The District Court determined that, if implemented, SB 14 could disenfranchise more than 600,000 registered Texas voters who are disproportionately black and Hispanic. The District Court not only ruled that SB 14 violated the U.S. Constitution, the Voting Rights Act (VRA) and amounted to an unconstitutional poll tax, but expressly found that it was passed as the result of deliberate and willful racial discrimination.

The emergency petitions ask that the Supreme Court lift the U.S. 5th Circuit's 11th hour stay of the injunction so as to prevent electoral chaos and confusion in the rapidly approaching November election. In the first petition, the Veasey plaintiffs argue that what the 5th Circuit did in this case --- stay a permanent injunction that was issued on the basis of a District Court finding of intentional discrimination after a full trial on the merits --- was "virtually unheard of" in the annals of American jurisprudence.

Plaintiffs contend that the 5th Circuit misapplied a leading Supreme Court case, Purcell v. Gonzalez [PDF] (2006) pertaining to the issuance of injunctions on the eve of a pending election. That case does not, as the 5th Circuit ruled, mandate a per se rule that always precludes changing a law immediately prior to an election. The DoJ contends that no such per se "rule exists, and the court of appeals clearly and demonstrably erred in failing to apply the established stay factors."

Instead, plaintiffs forcefully argue, "The Purcell principle", mandates that an appellate court give deference to the factual findings of the District Court. The 5th Circuit, they add, erred by ignoring the requirement of Purcell that Texas prove it would likely succeed on an appeal. The 5th Circuit also erred, they say, because it failed to balance the state's allegations about possible confusion that might ensue from implementing pre-SB 14 law against the "actual" confusion, chaos and mass disenfranchisement that the District Court, based upon uncontested evidence, concluded would occur if SB 14 is enforced in the November 4th election (early voting begins in TX on October 20th).

"Imagine that a state passed a law, six months before an election, stating that 'Negroes cannot vote,'" the plaintiffs write. "It would be ludicrous for an appellate court to turn around and stay that injunction because of some per se rule that election laws can never change immediately prior to elections"...

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

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By Brad Friedman on 10/16/2014 6:03am PT  

You'll have to scroll down past the initial Ebola stuff, but thereafter, Laurence Arnold and C. Thompson at Bloomberg News offer some nice coverage of The BRAD BLOG's coverage of Reagan-appointed federal Judge Richard Posner's devastating opinion on Photo ID voting laws at the 7th Circuit Court of Appeals last week.

The best line is their closer: "Stay tuned. Because by the sounds of it, the floor that supported voter-ID laws has just given way."

Yup.

* * *
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! Donate here!

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By Brad Friedman on 10/15/2014 11:15pm PT  

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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