Guest blogged by Ernest A. Canning

Last week, after notifying the state of Florida of its intention to do so, the U.S. Department of Justice (DOJ) filed a lawsuit [PDF], seeking to halt what Asst. U.S. Attorney General Thomas E. Perez described in his June 11, 2012 letter [PDF] to FL Sec. of State Ken Detzner (R), as "a new program for systematic voter removal, which may ultimately target more than 180,000 registered voters."

A longtime respected election official in the state went further, describing the attempted scrubbing of the rolls to be "un-American".

The lawsuit alleges that the ongoing, systematic voter removal program violates the provisions of the National Vote Registration Act of 1993 (NVRA), which "expressly forbids such removal programs during the 90-day period before an election for Federal office."

The complaint seeks not only an immediate federal court injunction to stop the purge, but an order directing FL officials "to take all steps necessary to ensure that no registered voter identified as potentially ineligible based on the [faulty FL Department of Highway Safety & Motor Vehicles] database and voter verification procedures...is removed from the voter rolls within 90 days of a primary or general election for Federal office."

The injunction may prove to be necessary only in three of the Sunshine State's 67 counties --- Lee, Collier and Bay --- where election officials have signaled they intend to continue the allegedly unlawful voter roll purge, even after the actions taken by the DOJ.

When interviewed last week by Brad Friedman on the nationally-syndicated Mike Malloy Show, Leon County (Tallahassee), FL's legendary Supervisor of Elections Ion Sancho --- the man placed in charge of the aborted 2000 Florida Presidential recount --- explained the reasons why most of the Supervisors of Elections (both Democratic and Republican) in each of the state's 67 counties have now refused to carry out the state-ordered purge. He described the ongoing effort by the Governor and Sec. of State as "shameful."

The DOJ's 6/11/12 letter also responded to, and seemed to debunk, the claim made by FL that it had been denied access to a U.S. Department of Homeland Security (DHS) immigration database. The state, in its own lawsuit filed against the DHS last week, has cited lack of access to that database as their reason for using the less reliable state Dept. of Highway Safety and Motor Vehicles (DHSMV) database for the basis of its voter purge.

The purge, to date, has identifies hundreds of perfectly legal citizen voters for removal from the rolls.

The state of FL, in its response to the DOJ, appears not to be offering the full facts about their attempt to use the DHS database and, as it turns out, Republican Gov. Rick Scott should, by now, be very well acquainted with the perils of voter purges based on inaccurate information...as an apparent victim of one such purge himself...

Last night, The Daily Show destroyed --- destroyed --- Florida Gov. Rick Scott and all of his recent voter suppression schemes in the Sunshine State: onerous restrictions on registration, early voting and his recent attempted voter roll purging in a two-part slam. Here's PART 1...

As a bonus in the must-see PART 2 of this piece, wherein correspondent John Oliver travels down to Florida, you'll also get a few moments which highlight Republican mercenary, hack for hire and esteemed "voter fraud" fraudster (and well-paid liar) John Fund for the dangerous mope that he is...

Two of the best lines from the above: 1) Oliver says to Fund after he claims we must stop voter fraud that we don't know is happening but could be happening: "So voter fraud statistics are limited only as much as your imagination?" 2) Oliver's last line of the piece: The alleged voter fraud scourge "hasn't happened, and it won't happen, and that is why it must be stopped!"

For a more serious take on the latest nightmare(s) for voters in Florida, here's my interview from last night on the Malloy Show (which I was guest hosting) with the great Leon County, FL Supervisor of Elections Ion Sancho. He notes that between this and the failure of the e-voting system, "we are playing with fire"...

Download MP3 or listen online below...

And if, after listening, you're looking for that "righteous rant" I promised near the end of the above interview, which surprised me as much as anybody, it's in the very first segment of this subsequent final hour of last night's show:

Download MP3 or listen online below...

Guest blogged by Ernest A. Canning

The state of Florida and it's Secretary of State Ken Detzner (R) are knowingly violating Section 5 of the Voting Rights Act in their attempted purge of "potential non-citizens" from the Sunshine State voting rolls, according to a new federal lawsuit [PDF] filed by the ACLU and the Lawyers' Committee for Civil Rights Under Law.

The complaint follows on the heels of a May 31, 2012 two-page letter submitted to FL election officials by T. Christian Herren, the chief lawyer of the U.S. Justice Department's Voting Rights Division. In his letter, Herren opined that the state's voter roll purge is in violation of Section 5 --- at least in the 6 Florida counties "covered" by that section --- because the state has not sought preclearance from either the DOJ or a federal court, as required by that section of the 40-year old federal law.

Additionally, the DOJ notes in its letter, the purge, coming as it does within the 90 days before Florida's federal primary election, is also in violation of the National Voter Registration Act (NVRA) which covers the entire state.

In response, FL State Department spokesman Chris Cates initially said they would continue the purge nonetheless, as they were "firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot." In his official response to the DOJ a few days later, Detzner all but challenged the feds to bring a suit in order to stop the state from continuing their efforts.

Of the original 180,000 names identified by the state as potential non-citizens, out of some 11.3 million registered voters in the state of Florida, 2,700 were sent to county election officials with instructions to notify those voters that they had just 30 days to prove their citizenship or be removed from the rolls. As reported by the Christian Science Monitor, "Before heeding DOJ’s order to stop the purge" county election officials had identified just four noncitizens who "may have voted in past elections, making them potentially guilty of voter fraud," while clearing hundreds of voters who had, in fact, been legally registered voters. Hundreds of others may have been removed from the rolls, despite being legally registered citizen voters.

As The BRAD BLOG previously reported, Herren had demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist. Such an order would have to come by way of an injunction issued by a U.S. District Court. The ACLU lawsuit now seeks that injunction even though, according to the Miami Herald, county elections supervisors across the state, led by Leon County's Ion Sancho, are now refusing to carry out a purge which Sancho describes as "illegal."

The ACLU lawsuit alleges facts that suggest the FL GOP is relying upon a FL Department of Highway Safety and Motor Vehicles (DMV) database that it knows cannot provide an accurate basis for establishing non-citizenship until 2017.

Unfortunately, this year's purge in Florida continues a tradition that has been affecting legal voters in Florida --- and, along with them, the rest of the nation --- cycle after cycle since at least the 2000 election...

As I'm on the road and largely off the grid this week, I was about to post the following video from last night's Rachel Maddow Show, thanking her for covering so much of what we've been covering here at The BRAD BLOG, for so long, in one nice long top-of-show segment.

I'm still going to do that, but below that, I'm happy to post a press release just sent out by the non-partisan Brennan Center for Justice at NYU, breaking the news that a federal judge has issued a preliminary injunction blocking the "key provisions of a restrictive voting law in Florida today." The Brennan Center describes the ruling as "a breakthrough victory for Florida voters and voting rights advocates nationwide."

The new law, H.B. 1355, had included onerous criminal restrictions on third-party voter registration workers. The new rules were so onerous, in fact, that the League of Women Voters of Florida was forced to call off their registration drive in the state for the first time in 70 years. In the wake of the FL GOP's new law, high school teachers had been charged with crimes for registering their own students to vote, and a registration worker had received a threatening letter from the Sec. of State for turning in voter registrations one hour late after a holiday weekend.

U.S. District Court Judge Robert L. Hinkle blocked most of the FL law's new registration requirements today, finding they accomplished little more than suppressing the registration of new voters without serving any legitimate state interest. "If the goal is to discourage voter-registration drives and thus also to make it harder for new voters to register, this may work," wrote Hinkle in his frequently scathing decision [PDF].

The Brennan Center quotes from Hinkle's ruling this way: "Together speech and voting are constitutional rights of special significance; they are the rights most protective of all others, joined in this respect by the ability to vindicate one's rights in a federal court. … [W]hen a plaintiff loses an opportunity to register a voter, the opportunity is gone forever ... And allowing responsible organizations to conduct voter-registration drives --- thus making it easier for citizens to register and vote --- promotes democracy."

See the Brennan Center's full release today posted below. It's very good news, as once again another law passed by the GOP with the intention of nothing more than suppressing the vote of largely Democratic-leaning voters is found to be in violation of the Constitution and/or federal law, as has been the case with almost every single one of these GOP-passed laws over the past year --- at least when someone (too often not the U.S. Dept. of Justice, unfortunately) bothers to go to court to challenge them.

Yesterday, at Rolling Stone, Ari Berman had calculated that some 35,000 Florida voters stand to be purged this year if the Republicans' new voter suppression efforts there are carried out in full.

As to Rachel Maddow last night, here's some of the very important coverage she offered at the top of the show, including details on the state of Florida's current effort to purge thousands of legal voters from the rolls by claiming, inaccurately, that they are non-citizens. (NOTE: That effort is a separate voter suppression measure by Republicans in the state of Florida, and is not related to today's federal court ruling blocking the earlier voter suppression measure by Republicans in the state of Florida)...

- Guest blogged by Bev Harris of BlackBoxVoting.org

Four hundred and eighty-eight voters, all but four lifelong Democrats, and nearly all Black, had their voting history erased by Shelby County (Memphis) election workers, setting them up for purge from the voter list. These selective alterations appear to target the race of US Congressman Steve Cohen (D-TN-09).

To alter voting histories for a selected set of voters, putting them at risk for strategically selected and improper removal from the voting list, is to demean them, to treat them as if they have less worth as human beings than they do. And to demean them is to wrong them. What Shelby County's election staff has done, in altering the records, is morally wrong.

The full list of voters whose voting records have been altered is here. If you know someone on this list, please let them know about this.

DETAILS ON SHELBY COUNTY VOTER LIST ALTERATIONS

Shelby County voters owe a debt of gratitude to Darrick "D" Harris (no relation). This information has come to light because, when I spoke with Harris by telephone recently, he expressed concern to me about his discovery that his voting history had somehow evaporated.

An active Democratic voter and political consultant, Harris had copies of voter databases containing his own voter history. He knows he votes regularly, but as of Oct. 2011, the voter list reports that he has never voted --- not once!...

You're unlikely to hear a peep about this on Fox "News" (unless they happen to have me on), but the California Secretary of State's Election Fraud Division is now reportedly investigating a firm hired by the Sacramento County Republican Party said to have submitted thousands of fraudulent voter registration forms.

According to a report today from Sacramento ABC affiliate News10 [see video posted below], a private, for-profit firm calling itself Momentum Political Services, hired by the local Republican Party "to boost GOP registration ranks in key battleground communities" has turned in more than 3,100 invalid voter registration cards during their recent drive.

[UPDATE 5/7/12: According to Sacramento Bee's 5/5/12 report, the number of bad registration forms is much higher than 3,100. The paper reports that since September, out of some 31,000 cards turned in by Momentum Political Services, "at least one-fourth of them have been thrown out because of inaccuracies," according to the Sacramento Registrar of Voters. That puts the questionable registrations from the GOP's company at more than 7,500.]

Voter registration forms have allegedly been turned in with fake addresses, voter names that don't exist, duplicate Social Security numbers, and party affiliations that seem to have been changed "by someone" to Republican. The head of the firm has admitted she has hired workers with criminal backgrounds, as found via Craigslist.

The charges of serial voter registration fraud sound very similar to those leveled in 2008 against another outfit hired by the California State GOP to register Republican voters before that year's Presidential election. In that case, the head of the firm was arrested, and eventually pleaded guilty to voter registration charges himself.

In 2006, another firm hired by the CA Republican Party turned in thousands of registration forms with fake names and an error rate as high as 60 percent. And in 2004, a firm hired by the GOP was investigated in a number of states for shredding Democratic voter registrations and tossing them into dumpsters. Despite those allegations, the same folks were later hired by the McCain/Palin campaign in 2008 to run voter registration drives before the Presidential election.

Of course, you probably haven't heard of any of those stories, even while you've heard plenty about a handful of ACORN workers --- no actual ACORN officials, mind you, and they were never hired by the Democratic Party, and never led to a fraudulent vote --- turning in fraudulent registration forms in past years.

But nobody who ever worked for the non-profit ACORN has ever been accused of what these Republican firms continue to do on behalf of the Republican officials who hire them, paying them per Republican registration, year after year, as is once again apparent in the allegations surfacing today against Momentum Political Services...

In today's New York Times, Jim Arkedis and Lindsay Mark Lewis of the Progressive Policy Institute (Lewis also previously worked for the DNC), warn that Super-PACS aren't just perverting the electoral system through millions in deceptive ads for or against the candidates they are secretly funded to support, but they may also pose an even more direct, more insidious threat to our democracy.

After acknowledging that even President Obama is now embracing the same shadowy-funded PACs he once claimed to eschew, as he refuses to "unilaterally disarm", there is a different between inclinations of left and right, in that one side generally works to increase voter turnout, while the other hopes to suppress it. The lack of accountability and the supposed "firewall" of separation between Super PACs and candidates creates a situation rife for the worst kind of dirty tricks and voter suppression in an atmosphere which is even more difficult to regulate than in the past (when such dirty tricks were already pretty easy to pull off without paying a price --- or, at least, without a price that could be paid before it was far too late).

Their warning is both compelling and ominous, particularly as we don't need to look very far into the recent past --- even here at The BRAD BLOG --- in order to find evidence in support of it...

I don't have time today to thoroughly debunk all the reprehensible, anti-democratic, anti-American horseshit hurled by this FL State Rep. Dennis Baxley --- the original sponsor of Florida's new voter suppression laws, limiting early voting hours and imposing new big government regulations and huge fines against voter registration workers --- as seen in the following interview on Al Sharpton's Politics Nation show on MSNBC this week.

Fortunately, most readers of The BRAD BLOG will be able to smell the bullshit of the smirking, democracy-hating Baxley a mile away even without my point-by-point rebuttal. So I'll just run the video here for now without much comment, as it needs to be seen to be believed.

Near the front of the interview, Baxley admits that there's been no voter fraud problem in FL, and by the end he's charging (without a stitch of evidence, naturally) that the non-partisan League of Women Voters, who have been registering voters in the Sunshine State for some 72 years --- but who have now canceled their registration program for 2012 thanks to the onerous new GOP restrictions and fines on registration workers --- is actually a partisan Democratic organization! Who knew?

My loathing towards those who knowingly undermine American democracy is difficult to contain. So consider my restraint today an undeserved favor to you this afternoon, Mr. Baxley.

Oh, and for good measure, here's some info on some Florida school teachers recently arrested and/or charged for registering students to vote in apparent violation of Baxley's new anti-voting laws!

One thing I'm happy to see this year at least: MSNBC has been covering the GOP War on Voting --- at least the front-end war, the part in which Republicans are trying to keep millions of legal voters from being able to cast their legal vote at all --- very well this cycle, on many of their shows. Hopefully they'll soon begin covering concerns about the accuracy and transparency of the vote count itself, at least the vote counts of those who find themselves able to cast a vote in 2012, in any case.

If you'd like more details on the above...Earlier on the same show, Deirdre Macnab, President of the non-partisan LWV Florida, explained to Sharpton why they've been forced to stop their registration program in Florida after 72 years. As they note on their web page where the interview is posted...

That much shorter interview follows below...

Via The News Leader in Virginia...

I called Mark Coakley, General Registrar of Voters in Henrico County to get a few more details about what went wrong there...

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 blogged by Ernest A. Canning

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

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

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

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

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

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

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

Via Eric Kleefeld at TPM this afternoon, candidates jockeying for chairmanship of the RNC, including current chair Michael Steele, held a debate today, and, naturally, spoke at some length to one of the most important imaginary threats facing our republic: Massive Democratic voter fraud!!! Coincidentally, almost always by black people and Hispanic people, who probably shouldn't be voting anyway, and stuff!!!

The goal of this years-long campaign against imagined "Massive Democratic voter fraud!!!" is, as long-time readers of The BRAD BLOG know too well, meant to encourage the adoption of photo ID restrictions at the polling place (and, short of that, intimidating challenges to voters when they show up to vote) under the purported guise of "ballot integrity".

Never mind that George W. Bush's own Dept. of Justice was unable to find more than a handful of actual voter fraud culprits despite their unprecedented efforts to root out this menace. And, definitely never mind that studies cited [PDF] by the League of Women Voters, and many others, have warned that more than 20 million legal American voters --- most of them, coincidentally, minorities, elderly and students (read: Democratic-leaning voters) --- stand to be completely disenfranchised by such draconian restrictions since many of them do not have the type of government issued photo ID the Republicans believe can protect us from "Massive Democratic voter fraud!!!"

It's not new, of course. The modern Republican War on Voting has been ongoing for years, begun as long ago (at least) as Rightwing icon Paul Weyrich's incredible 1980 speech to preachers in Dallas with Reagan and Falwell on hand (see :40 video clip at end of article below). But it's clear, despite the Republican/Fox "News"/Andy Breitbart "pimp" hoax that succeeding in killing the GOP's former #1 "voter fraud" bogey man, ACORN, the fake story of "Massive Democratic voter fraud!!!" will continue as a helpful voter suppression meme for the GOP for years to come --- at least if the new RNC chair, whoever that may be, has anything to say about it.

Here, in part, is what each RNC chair candidate had to say today in response to the question about how they planned to combat "Massive Democratic voter fraud!!!" as the new leader of the GOP...

"did anyone else have to swear on a bible that their address was correct before they were able to vote? just wondering, because i did," Philadelphia voter Lindsay Granger wrote on her blog after voting in last Tuesday's mid-term election. "i had to lay my palm on the good book and state my name and address before i was allowed to sign my name in the voting log and enter the booth. they called it an affirmation. i call it creepy… and a little offensive…"

Granger notified VotersUnite.org last week after the incident which, she told the non-partisan election watchdog organization, made her "extremely uncomfortable because i'm not a Christian, and when i brought that up I was told to do it anyway."

In her blog item, Granger, an African-American, admitted to being "hypersensitive" given "the historical context of black people voting in america".

When informed of the incident, Bob Lee, the Voter Registration Administrator for the Philadelphia City Commissioners, confirmed to The BRAD BLOG that Bibles are, indeed, included in the package of election materials provided to each polling site, but says no such oath is required before casting a vote.

The incident reportedly took place at Philadelphia's Ward 15, Division 01 polling place at Trinity Baptist Church on Poplar Street. It was Granger's first time voting at that precinct after having moved recently from another area in the city.

Lee conceded that, based on Granger's description of the incident --- which he hadn't heard about until we contacted him for comment --- it sounded like the election board at the precinct "needs some training"...