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Latest Featured Reports | Friday, November 21, 2014
'Green News Report' 11/20/14
  w/ Brad & Desi
Record-breaking storm breaks Buffalo; October 2014 hottest October on record; Sorry, Repubs: China to cap coal use by 2020; PLUS: Obama doubles down on climate foreign policy...
Previous GNRs: 11/18/14 - 11/13/14 - Archives...
Extreme Weather? What Extreme Weather?
Yes, scientists have been warning us about this for years. And, yes, the record breaking storm in Buffalo is tied to global warming...
We're #26! Harvard 'Electoral Integrity' Report Dings U.S.
'World's Greatest Democracy' rated worst among Western nations; Ranked just below Micronesia, just above Mexico in overall list...
Gag Order Won't Ensure Impartial Jury in Trial of 'Dark Lord of Coal Country'
WV's criminally indicted coal boss and U.S. Chamber of Comm. director Don Blankeship presents challenge for federal prosecutors...
Oxford English Dictionary's 2014 Word of the Year: 'Vape'
That small point likely underscores some very encouraging news for the health of the world...
'Green News Report' 11/18/14
  w/ Brad & Desi
US Senate fails to approve Keystone XL; Can Congress override the Prez next year?; Native Americans: KXL is 'an act of war'; PLUS: Accountability for 'The Dark Lord of Coal'...
Previous GNRs: 11/13/14 - 11/11/14 - Archives...
Sanders on Colbert: Midterms a Vote Against Both Parties
For those mad at us for asserting 'not voting IS a vote', look who just said the same thing...
Exclusive: St. Louis County Was Warned Before Election Paper Ballots Would Run Out
Email obtained by BRAD BLOG reveals County's top election official ignored warnings from election experts, leading to shortages...
Not Voting IS a Vote
Stop blaming those who didn't turn out. Americans did vote. By not turning out, they voted against the two major parties and against the system as a whole. It may have been a dumb vote, but it was a landslide...
Stephen Colbert is Really REALLY Funny
That's not a news flash, but, as this segment makes clear once again, it's very very sad that The Colbert Report is soon going away...
'Green News Report' 11/13/14
  w/ Brad & Desi
Historic US-China climate agreement: The deal Repubs said couldn't be done; New hope for int'l climate treaty; Repubs freak out; Scientists say deal not enough, but a very good start...
Previous GNRs: 11/11/14 - 11/6/14 - Archives...
Crucial Moment for the FCC and 'Net Neutrality'
Will the Democratic majority commissioners support the President's clarion call and thwart GOP opposition to an open Internet?...
Brad on Thom Hartmann TV: More Election 2014 Mess
On thousands of 'missing' votes in Wisconsin, on Nate Silver and polls vs. 'results', on Rightwing 'True the Vote' voter fraud fraudsters, and on much more...
'Green News Report' 11/11/14
  w/ Brad & Desi
'Science has spoken': Final UN report - bad, good & room for hope; PLUS: Margaret Thatcher's historic climate change speech - when conservatives accepted science ...
Previous GNRs: 11/6/14 - 10/30/14 - Archives...
IN MEMORIAM:
Tomas Young, 1979-2014
On Veterans Day, we're sad to report that America has lost another casualty of the War on Iraq -- one who, after first meeting and interviewing him in 2005, we will never forget...
Early Data Suggests TX GOP Photo ID Restrictions 'Worked'
Provisional ballots doubled and turnout was down by more than a quarter-million voters, despite larger population, contested governor's race and increased voter registration...
WI Scanner Fails To Tally Thousands of Votes in 'Citizens United' Referendum
'Programming error' blamed for popular paper ballot computer tabulator recording just 16 of 5,350 votes cast in city of Stoughton, WI...
The Results Were Skewed Toward Republicans: A Response to Nate Silver
The statistics guru unhelpfully explains away mid-term's surprising outcome by presuming pre-election polling was wrong and unverified election results were all correct...
'True the Vote' Group Fails to Find 'Voter Fraud' (Again)
Laughingstock RW org's 'army' of monitors and smart phone app uncover just 18 benign 'irregularities', 0 cases of polling place impersonation...
'Green News Report' 11/6/14
Election 2014-pocalypse: Republican hegemonic hellscape!; Climate deniers now in charge; PLUS: At least one note of very good environmental election news...
About Last Night: KPFK 'BradCast'
Guest Matthew Segal of OurTime.org joins Brad to discuss whether young voters are to blame for Tuesday's election results and, if not them, then who...or what...
Day After...
Important re-re-re-reminder about when it is that probs in elections usually come to light, and a few more Election Day prob reports out of VA, NC, MI, IN & CT...
Reuters: Voting Probs Around Nation, 2,000 Missing Election Judges in Chicago
Wire service summarizes machine probs, Photo ID vote suppression and a really strange story out of Chicago...
Paper Ballots Ran Out in Ferguson, MO
Long lines at e-voting systems as St. Louis County offers both touch-screens and paper ballots. County said printing more ballots throughout day, night...
Electronic Voter ID System Fails in FL
Failure results in emergency court filing by state Democrats as Gubernatorial race between Charlie Crist and Rick Scott is deadlocked in Sunshine State...
AR Voters Illegally Asked for Photo ID
Arkansas Times reports some poll workers attempting to enforce GOP Photo ID restriction found by state Supreme Court to violate constitutional 'right to vote'...
Round-up of Reported Election Failures (So Far) in CT, NC, GA, TX, AL
'Serious problems' reported at the polls in a number of states. Here is a quick summary of just a few of them...
Touch-Screen Votes Flip in VA [VIDEO]
RWers finally become 'believers' in those 'liberal conspiracy theories' about votes flipping on 100% unverifiable voting systems...now that it affects them...
AL Bars Use of Public Housing IDs for Voting
Last minute change of rules may further disenfranchise (certain) voters in state where bloody civil rights march gave rise to the Voting Rights Act in 1965...
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...


Dems use report to correctly cite need to fix part of Voting Rights Act broken by SCOTUS, but here's what they also aren't telling you...
By Brad Friedman on 10/8/2014 2:40pm PT  

A new 206-page report from by the non-partisan Government Accountability Office [PDF] finds that Republican-enacted polling place Photo ID restriction laws in states such as Kansas and Tennessee resulted in lowered voter turnout among African-Americans as well as younger and recently-registered voters.

The study will likely serve as yet more important evidence to rebut the disingenuous, cherry-picked claims by Republicans over the years that Photo ID voting restrictions do not affect minority participation.

As The Hill reports today...

Voter ID laws helped contribute to lower voter turnout in Kansas and Tennessee in 2012, according a new study by the Government Accountability Office.

Congress's research arm blamed the two states' laws requiring that voters show identification on a dip in turnout in 2012 - about 2 percentage points in Kansas and between 2.2 and 3.2 percentage points in Tennessee. Those declines were greater among younger and African-American voters, when compared to turnout in other states.
...
"This new analysis from GAO reaffirms what many in Congress already know: Threats to the right to vote still exist," [Senator Patrick Leahy (D-VT)] said in a statement. "That is why Congress must act to restore the fundamental protections of the Voting Rights Act that have been gutted by the Supreme Court."

The report, according to Leahy's full statement, "also found scant evidence of voter fraud that the new laws that ostensibly are designed to discourage."

I'm on a number of deadlines today, so haven't gotten to peruse the actual report yet, but let me note a quick point or two, based on The Hill's reporting on the GAO study, which was requested by Democratic Senators Leahy (VT), Durbin (IL), Schumer (NY), Nelson (FL) and independent Sanders (VT), all of whom are co-sponsoring legislation to fix the part of the Voting Rights Act that the U.S. Supreme Court gutted last year in its notorious 5-4 decision...

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

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By Brad Friedman on 10/7/2014 1:21pm PT  

Well, here's some good breaking news from the federal courts today, for fans of democracy anyway...

One of the most aggressive gerrymanders in the country is unconstitutional, according to a divided three-judge panel in Virginia. In 2012, President Barack Obama defeated Republican Mitt Romney by three points in the state of Virginia. Nevertheless, Republicans control eight of the state's eleven congressional districts. Yet, according to an opinion by Judge Allyson Duncan, a George W. Bush appointee, the maps that produced this result are unconstitutional and the legislature must "act within the next legislative session to draw a new congressional district plan."

Although this will permit the 2014 elections to be run under the old maps, new maps must be in place by 2016 (assuming, of course, that this decision is not reversed on appeal). As Virginia currently has a Democratic governor, Gov. Terry McAuliffe will be able to veto any plan which is unfair to his fellow Democrats, while the GOP-controlled legislature will no doubt push for a map that serves Republican interests. Because the current maps favor Republicans so strongly, however, the likely result will be maps that are much more favorable to Democrats.

See the rest of Ian Millhiser's coverage for much more, including his calculus that new, appropriately drawn Congressional maps in VA will likely result in a Democratic pick-up of 2 to 3 seats in the U.S. House of Represenatives in 2016.

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Election law expert describes ruling in advance of SCOTUS decision as 'Horrendous'...
By Brad Friedman on 10/6/2014 7:59pm PT  

Let me say this up front, so you don't miss it this time: No, a Photo ID is not required to board an airplane. Period.

Last week, the ACLU filed an emergency appeal to the U.S. Supreme Court in hopes of having the 7th Circuit Court of Appeal's ruling --- which overturned a lower court's injunction on Wisconsin's new Photo ID voting restriction --- stayed in advance of next month's election.

Today (Monday) a rather remarkable new opinion was issued by the 7th Circuit which seems designed to serve as a last-minute assist to the Republican defendants in Wisconsin in their response to the ACLU appeal, as Justice Elena Kagan has required the state's response no later than 5pm on Tuesday. The ruling is littered with blatant falsehoods.

To recap very briefly, how we got to this point, and the astonishing claims in the 7th Circuit's opinion today: the GOP law requiring very specific types of state-issued Photo IDs for voting in Wisconsin was struck down earlier this year after it was found, by U.S. District Court Judge Lynn Adelman, to be both a violation of the U.S. Constitution and the federal Voting Rights Act. His thorough, 70-page ruling [PDF] found that some 300,000 legally registered voters in Wisconsin (nearly 10% of them) lacked the specific type of Photo ID that would now be needed vote under the new restriction. Adelman also determined that the law amounts to a "unique burden [which] disproportionately impacts Black and Latino voters" (who just happen to lean towards Democratic candidates), and that the new restriction on voting would "prevent more legitimate votes from being cast than fraudulent votes."

In mid-September, on appeal, a panel of three Republican-appointed judges on the 7th Circuit tossed out Adelman's permanent injunction with little comment. Amidst ensuing "electoral chaos", as election officials and voters in the state scrambled to make sense of the stunning last minute change to the law, just weeks before the mid-term election, the ACLU appealed for a rehearing before the full 7th Circuit. That hearing resulted in a deadlocked 5 to 5 vote by the judges (one seat on the court has been vacant since 2010), which meant that the partisan 3-judge panel's ruling, restoring the Photo ID restriction after it had been struck down by the lower court, now remains in place.

That brings us to the ACLU's emergency appeal to SCOTUS last week, and Monday's remarkable new opinion issued by the 7th Circuit at the last minute, clearly made to justify the original opinion issued last week which seems to have otherwise landed with a thud. (The court had attempted to compare a "need" to restore new voting restrictions at the last minute to the U.S. Supreme Court's stay placed on the overturning of same-sex marriage bans in several states last year. The dissenters called the court's legal theories "brazen", "shocking" and on its central thesis comparing the WI law to a 2008 landmark case in Indiana, "dead wrong.")

University of California-Irvine's election law professor Rick Hasen described the new opinion issued on Monday as "a nice assist from the 7th Circuit panel to the state of Wisconsin," just in time for the SCOTUS deadline.

In a more detailed follow-up item, however, Hasen, who is usually quite conservative when it comes to concerns about Photo ID voting restrictions, went somewhat ballistic. He uncharacteristically upbraided the 7th Circuit's newly issued ruling --- apparently written by the very rightwing Federalist Society member Judge Frank Easterbrook --- as "Horrendous".

"I rarely just rant in my blog posts," he tweeted, along with a link to his follow-up, "But Judge Easterbrook caused me to blow a gasket."

I know the feeling. I felt the exact same way while reading the new opinion today, particularly the part in which the court offers blatant --- and long-ago debunked --- falsehoods about where and when they claim Photo ID to be "essential", such as when boarding an airplane.

Trouble is, that is a blatant lie. A Photo ID is absolutely not required to board an airplane, no matter how many times proponents of these sorts of laws repeat the false claim. And it's simply remarkable that such a lie (and others akin to it) would be included in a last-minute opinion meant to justify an Appellate Court ruling that is about to be heard by the U.S. Supreme Court...

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

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By Brad Friedman on 10/6/2014 6:35am PT  

I missed this Washington Post article when it first came out late last year. But thanks to too-occasional BRAD BLOG and Washington Monthly contributor D.R. Tucker, I was glad to catch it over the weekend.

It's based on a study by University of Massachusetts at Boston sociologist Keith Bentele and political scientist Erin O'Brien. They looked at restrictive voting statutes enacted over the past several years in all 50 states and the "dominant explanations (and accusations) advanced by both the right and left" in regard to legislation such as polling place Photo ID rules, stricter registration requirements, and other such restrictions on the basic right to vote.

What they found will absolutely NOT stun you in the least...

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

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Case is larger than Wisconsin, presenting a moment of truth for American democracy and at least two Justices on the high court...
By Ernest A. Canning on 10/2/2014 6:06pm PT  

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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While concerned about intimidation, court permits expansion of voter challengers, reduction of early voting in 2014 election; But also offers important interpretation of Voting Rights Act provision
UPDATE: North Carolina requests stay at U.S. Supreme Court...
By Ernest A. Canning on 10/2/2014 10:22am PT  

A bit of encouraging voting news came out of North Carolina on Wednesday, believe it or not. We'll see how long it lasts.

By way of a 2-1 decision and a lengthy Opinion [PDF] on Wednesday, a three-judge panel on the U.S. 4th Circuit Court of Appeal ordered U.S. District Court Judge Thomas J. Schroeder, a George W. Bush appointee, to issue a preliminary injunction to prevent the State of North Carolina from implementing two provisions of a sweeping election "reform" bill.

The court sharply criticized the lower court's ruling that previously allowed the law to move forward as is, despite the likelihood of a disproportionate effect on minority voters in the Tar Heel State.

The BRAD BLOG described the bill in question, when it was passed by the GOP legislature last year, as "the nation's worst voter suppression law since the Jim Crow era." The law includes virtually every restriction on voting --- shortening early voting hours, ending same-day registration, implementation of disenfranchising polling place Photo ID restrictions and much more --- ever attempted by Republicans across the country over the past decade. The legislation was, quite literally, rammed through the state's Republican-controlled legislature, with no period for public comment or debate, just one day after a sharply-divided U.S. Supreme Court gutted the heart of the Voting Rights Act in the Summer of 2013.

The majority opinion at the 4th Circuit was highly critical of Schroeder's analysis in the case. They described it as "flawed," containing "grave errors" and "plainly wrong" on the law. The court found that the District Court judge abused his discretion in refusing to issue a preliminary injunction that would prevent implementation of two provisions of the state's H.B. 589.

In their decision, the three-judge panel's majority also offered significant interpretations of Section 2 of the Voting Rights Act (VRA), that, if ultimately upheld, could minimize the damage wrought by the gutting of Section 5 by the U.S. Supreme Court last year...

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By Brad Friedman on 10/1/2014 6:35am PT  

[Now UPDATED at the bottom with "Geraint's" response and our response to it! Enjoy!]

Last night, some silly Rightwing dude calling himself "Geraint Roberts" on Facebook, posted a comment on an item on BRAD BLOG's Facebook page, in which he purported to ask "Questions for American Leftists on the subject of voter ID".

As is our usual, courteous custom (when time allows), we quickly answered his questions.

As most of his "questions" are the same talking points we've seen of late, used by tons of either duped or disingenuous Rightwingers in hopes of justifying GOP voter suppression with polling place Photo ID restrictions, you may find both his questions and our brief answers to them, as posted in full below, interesting and/or helpful...

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By Brad Friedman on 9/30/2014 11:26am PT  

Last night on Thom Hartmann's Big Picture TV show...

If you missed either of the stories mentioned above at The BRAD BLOG, our coverage of the U.S. Supreme Court allowing GOP voting restrictions to move forward in OH is here, and our disturbing coverage of longtime GOP operative Nathan Sproul's threat to take legal action against us for reporting accurately on his involvement in the 2012 GOP Voter Registration Scandal (and other similar scandals going back to 2004) is here.

And, again, we totally thank you in advance for any financial support you can offer to help us keep going. Monthly subscriptions are particularly appreciated. We did not receive $10 million from the Republican Party (or any party) as Sproul has over the past decade. You are our only support. Please take 30 seconds to use the table below to help us continue our work. We need your support now more than ever...

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By Brad Friedman on 9/29/2014 2:49pm PT  

Bad news for voters in the Buckeye State. Good news for partisan Republicans who prefer to win elections by making it more difficult for voters to vote.

In a 5 to 4 decision, the Rightwingers on the U.S. Supreme Court have now overturned the 6th Circuit's earlier ruling that had blocked Ohio Republicans' attempt to limit early voting by shortening the Early Voting period by one week, eliminating the week where voters could both register and vote on the same day, and by doing away with Sunday voting before the election...

From UC Irvine election law professor Rick Hasen...

Via SCOTUSBlog comes this Supreme Court order staying the district court's order preventing various cutbacks in early voting (including a cutback from 35 to 28 days, and elimination of one of the two early voting days on a Sunday, a day African-American churches had been using for "Souls to the Polls" voter drives). [It is not clear from earlier orders which Sunday might be eliminated.]

Although the order is "temporary" in the sense that it will be in place pending a ruling on a cert. petition ultimately to be filed by Ohio in the Supreme Court, that won't happen before this election, and so for this election the new shorter voting period is in effect --- and not the old rules put back in place by the district court and affirmed by the 6th Circuit.

That the Court divided 5-4 along liberal conservative lines is no surprise...

See Hasen's coverage for his analysis of what happened here, and why he believes it was a mistake to even challenge the OH Republicans' new restrictions on early voting. Please note: We don't necessarily agree or disagree with his analysis, at this time. But you can read it and decide for yourself.

Our most recent coverage of the 6th Circuit Court of Appeal's decision to uphold the lower District Court decision blocking the GOP voting restrictions is here.

The GOP in Ohio has been attempting to shorten and otherwise restrict Early Voting in the state ever since reforms put in place in 2005 --- in response to the embarrassingly disastrous 2004 Presidential Election there --- worked well enough that most of the problems voter had voting had disappeared by 2008. As we have documented over the years, every time they tried to limit those successful reforms, the courts had blocked them from doing so. They did so again this year, until today's 5 to 4 ruling by the Supremes.

It should also be noted that it is, arguably, because John Kerry failed to keep his promise and fight to make sure every vote was counted in Ohio's contested 2004 election, that the U.S. Supreme Court has now gone so hard to the right, with the addition of Justices Roberts and Alito during George W. Bush's second term.

With today's SCOTUS ruling, and the bad news from the partisans on the 7th Circuit concerning WI Republicans' draconian Photo ID voting restrictions, as our legal analyst Ernie Canning detailed this morning, it seems many of this year's most important elections may be won, or lost, in the courts --- before Election Day even gets here.

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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...

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Vacant seat on court since 2010 likely made the difference; Ruling, unless overturned, could result in re-election victory for Walker; Emergency petition to U.S. Supreme Court likely...
By Ernest A. Canning on 9/29/2014 6:02am PT  

With just weeks to go before mid-term elections and a "too close to call" Gubernatorial contest, disenfranchisement and electoral chaos in Scott Walker's Wisconsin reign supreme. And only the U.S. Supreme Court may now be able to do anything about it.

In a 5 to 5 ruling, an evenly divided, en banc U.S. 7th Circuit Court of Appeal has issued a Cursory Order [PDF], summarily denying an ACLU Petition for an Emergency Rehearing to put the brakes back on the state Republicans' Photo ID voting restriction in advance of the November election.

The ACLU petition followed on the recent extraordinary ruling by three Republican appointees to the federal bench that had vacated a permanent federal court injunction of the law. That injunction, until it was lifted by the three-judge 7th Circuit panel just weeks ago, prevented Wisconsin from enforcing a Photo ID voting law which a U.S. District Court judge had found would likely result in the disenfranchisement of up to 300,000 perfectly lawful registered voters who lack the now-requisite, state approved photo IDs.

As we recently reported, the ACLU, in its emergency petition, argued that it will be virtually impossible for the Badger state's Department of Motor Vehicles to process the number of official state photo IDs that would be required to insure that every lawfully registered voter who desires to vote would get the opportunity to vote in the upcoming Nov. 4 election. Moreover, thousands of absentee ballots that had already been mailed prior to the 7th Circuit panel's lifting of the injunction may not be counted since they did not include notice of the new rules requiring that they must be accompanied with copy of the voter's photo ID.

Following the 5 to 5 decision of the full 7th Circuit (one seat remains vacant, more on that below), the ACLU and other plaintiffs' only recourse for now will be an emergency petition to the U.S. Supreme Court. Given the deadlock by the 7th Circuit and reasoning applied not only by the original U.S. District Court Judge in this case, and also by a 6th Circuit panel in an Ohio early voting case, as well as by six (6) of the (9) U.S. Supreme Court Justices who took part in a landmark 2008 Photo ID decision --- all decisions which were inconsistent with the reasoning applied by the three-judge 7th Circuit panel in the Wisconsin case, which has now been essentially upheld --- a challenge at the U.S. Supreme Court has at least a reasonable prospect of success.

If you're confused, read on. We'll help you make sense of this...

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Sunday voting is 'partisan', a 'way just to wring out every last vote'...
By Brad Friedman on 9/28/2014 8:35am PT  

Remember that Republican state Senator from Georgia who recently objected to early voting on the Sunday before the election in DeKalb County because, as he was caught saying in email, it was an area "dominated by African American shoppers and it is near several large African American mega churches"?

Sen. Fran Millar vowed at the time to "eliminate" that Sunday voting, which he described as "an election law loophole". He then doubled-down, after the media picked up on it, by saying that he actually wasn't against all of those black people voting, it was just that he "would prefer more educated voters than a greater increase in the number of voters."

Well, now the same type of vote suppression jackassery has spread over to Bibb County, Georgia, where, as in the rest of the state, changing demographics continue to squeeze white Republicans and their longtime political hold. Can't have that. So now, Republican members of the county election board have knocked down a proposal for Sunday voting, because, as Zaid Jilani described it at Alternet, it "would mean more...voting".

The Macon-Bibb County Commissioners had already approved the $3,000 it would cost to have the extra day of voting, but the proposal was defeated 3 to 2 this week nonetheless, with the Election Board's Dems both voting in favor. According to WMAZ, here's how one GOP member of the boared explained it [emphasis added]:

Rinda Wilson, a Republican, called it "a partisan thing" backed by Democrats: "There have been six states that have been targeted, Georgia being one of them, that this would be a way just to wring out every last vote."

Well, we'd hate for "every last vote" to be cast in a democracy. That'd be "a partisan thing"! Glad to see the Bibb County Election Board is there to keep that from happening!

Jim Crow rising --- and smiling --- in The South.

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Repubs file 'Emergency Petition for Rehearing' before full court...
By Ernest A. Canning on 9/26/2014 7:48am PT  

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

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

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'It is not only unreasonable, but also mathematically, logically, and physically impossible that by November 4, hundreds of thousands of voters will learn about the need for ID'...
By Ernest A. Canning on 9/18/2014 1:30pm PT  

With "electoral chaos" said to be reigning in Wisconsin following last week's extraordinary ruling by three Republican appointees to the federal bench, the American Civil Liberties Union (ACLU) has filed an Emergency Petition for Rehearing En Banc [PDF] before the full U.S. 7th Circuit Court of Appeal.

The ACLU is seeking the immediate reinstatement of the District Court's injunction of the state Republicans' Photo ID voting law. The lower court had previously found the statute to be, in no uncertain terms, in violation of both the U.S. Constitution and the federal Voting Rights Act.

When they later file briefs, the ACLU and other attorneys representing the plaintiffs in Frank v. Walker will undoubtedly go into greater depth to explain how the three GOP members of the 7th Circuit panel erroneously interpreted the U.S. Supreme Court's 2008 decision in Crawford vs. Marion County Elections Board and how the WI law, "Act 23", is "materially different from" the Photo ID law passed by Indiana Republicans and approved by SCOTUS in 2008.

The emergency filing, however, zeroes in on what the ACLU describes as chaos and disenfranchisement that will likely be caused by an "extraordinary decision" last week, which, they say, seeks to effectuate a "slapdash implementation" of a radical and complex change in the Badger State's election law just seven weeks prior to the November 2014 general election...

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

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By Brad Friedman on 9/16/2014 11:48am PT  

Though I am not being paid to play, I will be speaking for free a few minutes after the 7:50p showing of documentary filmmaker John Wellington Ennis' latest years-in-the-making masterwork, Pay 2 Play: Democracy's High Stakes, on Wednesday (9/17) out here in L.A.

I'm also in the film, but don't let that keep you from coming if you're anywhere near the 'hood. As usual, our friend Mr. Ennis (director of one of my favorite Election Integrity films, FREE FOR ALL!: One Dude's Quest to Save Democracy - click that link to watch the great trailer!) has put together an ingenious, enlightening, very funny and very frustrating portrait of our post-Citizens United democracy and what the hell there is left to do about it. It also features some fantastic stories and terrific voices, many of whom you may be familiar with.

So if you're in the L.A. area on Wednesday night, please stop by for the screening and say hey afterword! Here's the deets...

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

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Republican voter suppression laws getting huge boost from GOP jurists in WI and NC, where hundreds recently disenfranchised...
[Now UPDATED at bottom of article with additional info from the court order]
By Brad Friedman on 9/12/2014 3:51pm PT  

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

Wisconsin's Republican Gov. Scott Walker notched a huge victory today at the U.S. 7th Circuit Court of Appeals. The ruling could very well result in the controversial Governor's re-election this November --- at the expense of untold thousands of legally registered voters who may now not be able to vote at all this year.

This morning, a three-judge panel heard Walker's appeal to the federal ruling that previously struck down his Photo ID voting restriction law. By afternoon, almost immediately following the hearing, the three GOP-appointed federal judges (a Reagan appointee, and two George W. Bush appointees) restored the restrictive voting measure [PDF] in advance of the November general election.

As reported by the Journal Sentinel:

The move by the U.S. 7th Circuit Court of Appeals clears the way for the state to implement the law for the Nov. 4 election, though it does not stop the ongoing appeal over whether the measure is unconstitutional.

"The state of Wisconsin may, if it wishes (and if it is appropriate under rules of state law), enforce the photo ID requirement in this November's elections," the unsigned two-page order reads.

Even before the ruling came down, reports from the courtroom earlier today had suggested that it wasn't looking good for those fighting for voting rights there, and that the judges might even order the previously struck-down law to be implemented before this year's mid-term elections, where Walker faces a neck-and-neck re-election contest with his Democratic opponent, Mary Burke.

Instituting the law at this late date, the plaintiffs argued, would cause extraordinary confusion. "I think it would be extremely irresponsible for a court to do something that would so change the landscape not only for the (state Division of Motor Vehicles) but for election officials," Larry Dupuis, legal director of the American Civil Liberties Union of Wisconsin told the Journal Sentinel after today's hearing.

UC Irvine election law professor Rick Hasen noted the same earlier today, before the ruling had come down, explaining why it would be "a very bad idea" to implement this law "just before the election."

Making matters worse, and more confusing for voters and elections officials, the WI GOP's Photo ID voting restriction covers absentee ballots as well as polling place voting, unlike most similar laws enacted by Republicans in other states, where only in-person voting is effected. But, according to the Journal-Sentinel (in a report now replaced online by an updated version on the court's late ruling), the fact that thousands of absentee ballots have already gone out to voters this year without an explanation on them that Photo ID needs to be supplied when they are returned, could result in even more disenfranchisement in the Badger State...

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

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