Thirteen Democratic Senators have introduced a bill that would outlaw "voter caging," the practice of sending mail marked "Do Not Forward" to a targeted list of voters in hopes of using the returned mailings as a basis to challenge the right of the voters to vote.

The tactic was used by Republican operatives in both the 2000 and 2004 election, despite the Republican party having agreed in two consent decrees in 1981 and 1986 to end the practice.

A press release from Sen. John Kerry's (D-MA) office announcing the new bill is posted in full below.

"The practice of 'caging' is reprehensible and has absolutely no place in our democracy," Kerry says in the statement. "Here in America, every citizen, regardless of race, gender, religion or sexual orientation has the right to cast his or her vote. These are the very foundations of our democracy and this bill will ensure that we protect fundamental freedoms for millions of voters across our country."

The press release goes on to refer to evidence, much of it reported over the years here at The BRAD BLOG, of GOP vote caging that took place in important swing states such as Florida, Ohio, and Pennsylvania during the 2004 election. Kerry's statement also points out the re-emergence of the topic earlier this year, after former DoJ staffer Monica Goodling testified to a Congressional panel that information concerning the involvement of former Karl Rove associate and GOP opposition researcher Tim Griffin in voter caging had not been fully disclosed during previous Congressional testimony.

Goodling's revelations led to Griffin's sudden (and teary) resignation from his post as interim US Attorney in Arkansas, where he had been appointed by the DoJ under new provisions in the PATRIOT Act allowing such appointments without congressional approval.

The controversial practice of vote caging has been used primarily to target minority voters; evidence has shown that some who ended up on the caging lists were military personnel who were unable to return the mailings because they were deployed in Iraq and Afghanistan.

A DoJ investigation into Griffin's, and the GOP's, 2004 vote caging activities was then demanded by several U.S. senators last June. The American mainstream media have given little coverage to the issue of caging, despite original reporting from Greg Palast and the BBC prior to the 2004 Presidential Election.

In addition to Kerry, the original co-sponsors of the legislation include Senators Patrick J. Leahy (D-Vt.), Dianne Feinstein (D-Calif.), Russ Feingold (D-Wis.), Bill Nelson (D-Fla.), Sherrod Brown (D-Ohio), Amy Klobuchar (D-Minn.), Hillary Rodham Clinton (D-N.Y.), Sheldon Whitehouse (D-R.I.), Bob Menendez (D-N.J.), Barack Obama (D-Ill.), Charles Schumer (D-N.Y.), and Chris Dodd (D-Conn.)

UPDATE: Here's the actual bill [PDF]. Looks good from a quick read, though the part that allows the U.S. Elections Assistance Commission (EAC) --- a four-member commission appointed by the President, and which has proven tremendously inept and compromised in all manner of things --- to add new reasons why voters may be challenged is a concern. The EAC shouldn't be entrusted with anything, much less deciding criteria for challenging voters' right to vote. But that's just our knee-jerk opinion.

The press statement from Kerry's office, announcing "The Caging Prohibition Act," is posted in full below...

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

Whatever they have to do to win. And given the odds against them in '08, expect them to pull out every stop imaginable between now and the election in order to "win."

Add this to our "DoJ is the New ACVR" article last week, describing how the DoJ has now institutionalized "vote caging" at the federal level via, among other things, a recent letter sent to 10 states ordering them to purge their voter rolls. While Thor Hearne's ACVR is no more (at least officially) and the RNC is barred from minority-targeted caging by a court-ordered consent decree, state parties can do whatever the hell they damn well please, according to our friend Greg Gordon at McClatchy today...

See Gordon's complete report for more details.

As well, we'll have more on all of this Thursday and Friday while Guest Hosting for "Progressive News with John Scott" on San Francisco's Air America affiliate Green 960am (formerly "The Quake"), where we'll be bringing these issues to drive-time listeners (4p-6p PT) in the Bay Area! Hope you'll tune in! (See "Media Appearances" box at top-right for more details.)

Gonzalez and Schlozman and Griffin may be gone, but the long-term politicization and damage at the DoJ was done and institutionalized long ago. The usual suspects --- Thor Hearne, Hans von Spakovsky, Joe Tanner, et al. --- are still plying their insidious anti-democracy trade with all of the tools of big Republican government at their disposal.

If you Dems think "nothing could possibly go wrong in 2008," you'd better think again. As Steve Rosenfeld at AlterNet reports, the Republicans aren't taking '08 lying down. Not by a long shot.

Earlier this year, the DoJ sent another round of threatening letters to 10 key battleground states, threatening to sue them if they do not purge their voter rolls. Yes, the Republicanists have found a "legal" way to use the DoJ to do the illegal vote-caging work the party and their phony well-funded "grass-roots" used to have to do. No wonder Thor's American Center for Voting Rights was able to go "out of business."

The DoJ is the new ACVR.

"They want more people showing up on Election Day and not finding their names," former DoJ Voting Section attorney David Becker, now of People for the American Way (PFAW), tells Rosenfeld. "They want people not voting."

If you don't haven time to read Rosenfeld's entire in-depth investigative report (which should have been on the front page of the NY Times) here are a few of the key grafs...

Blogged by Brad from the Show Me State...

Looks like the Republican National Committee is getting a particularly early start in their attempts to steal next year's election. And from the looks of Paul Kiel's report on the deceptive RNC letter sent to a life-long Democratic voter in the Show Me State, once again Missouri may be ground zero in 2008.

All of which is swell, because we happen to be in Missouri this week, and plan to speak to folks in St. Louis next Thursday at an event sponsored by Missourians for Honest Elections (yes, there still are a few, including MO SoS Robin Carnahan, whose office contacted us to chat a bit yesterday upon seeing we'd be in town). We'll be causing trouble in Thor Hearne Country, firing up the troops, and taking questions, after a showing of Dorothy Fadiman's superb documentary Stealing America: Vote by Vote (which we're told is being submitted for Academy Award nomination).

See Kiel's story for the details on the GOP's latest efforts to game democracy and fool voters, instead of impressing them with actual ideas and policy, as that's what this quick item was meant to be about. But otherwise, if you're in or near St. Louis, please stop by Eliot Church in Kirkwood next Thursday night! More details are available here.

Guest Blogged by Alan Breslauer

Last night --- nearly three years after it was first reported by the BBC --- PBS's NOW finally exposed the Republican Party conspiracy to steal the 2004 Presidential Election. Whaddayaknow?

The 15 minute segment concentrates on "Voter Caging" and features appearances by Greg Palast and former US attorney David Iglesias. Readers will recall that Palast, who originally broke this story in 2004, has written BRAD BLOG exclusives on voter caging and on Tim Griffin, who was one of the leaders of the illegal scheme.

For even more on the NOW story, voter caging, and the Republican conspiracy to steal the 2004 election, listen to the replay of Brad guest hosting on the Peter B. Collins Show yesterday. Brad speaks to Palast in the first hour and interviews Bryan Myers, who produced the NOW segment, in the second hour.

Guest Blogged by Alan Breslauer

Jon Stewart covers the latest ridiculous testimony of Attorney General Alberto Gonzales on yesterday's Daily Show. More importantly, Stewart highlights what appears to be an admission by the AG of improper firings of US attorneys:

Whoops.

Blogged by Brad from St. Louis...

Slowly but surely, the issue of felonious Republican "Vote Caging" during the 2004 Presidential Election is making its way into the consciousness of media, federal, state, and local elected officials and --- whether they like it or not --- the Bush/Cheney campaign officials who were involved in the practice despite repeated consent decrees signed by the RNC that they would no longer use the tactic to target minority voters for removal from voting rolls.

Today, the Florida Times-Union is reporting that, "Internal city memos show the issue of Republican 'vote caging' efforts in Jacksonville's African-American neighborhoods was discussed in the weeks before the 2004 election, contradicting recent claims by former Duval County Republican leader Mike Hightower - the Bush-Cheney campaign's local chairman at the time."

The report goes on to say that Hightower had previously denied any knowledge of the practice of vote caging, which includes sending registered letters, marked "Do Not Forward," to targeted voters along with a request to return a postcard. When the postcards are not returned, officials might then take measures to challenge the voters at the polls, or remove them entirely from the voting rolls.

Last month, Hightower reportedly told that paper that the issue of caging never came up in county meetings prior to the elections, and that he had never heard "of that expression or that practice."

The Internal memos show otherwise, according to the paper. In fact, the issue came up quite regularly at meetings. Nonetheless, Hightower --- pulling a Bob Dole and referring to himself in the third person --- is sticking by his denial...

Blogged by Brad from Atlanta...

BRAD BLOG readers will recall Greg Palast's exclusive here which followed on Monica Goodling's admissions in Congressional testimony concerning Tim Griffin's vote caging. As well, you may also recall an attack on Palast's reporting by DailyKos diarist "drational," in which he described Palast's reporting as "dangerous." Subsequently, Palast responded to those challenges here.

Well, the pseudonymous "drational" has now followed up with an excellent analysis of the caging lists which shores up the bulk of Palast's claims and reporting (even if he can't help but take a few more inappropriate and unhelpful shots at the guy who broke the story in the first place, and kept banging on it for two and a half years until Mr. "Drat" finally found the time to investigate the charges).

"Drational" posted a follow-up today on the RNC's "Widespread Caging in 2004" (in FL, OH, NV, WA, and OR, all crucial battlegrounds) and names names of high-level Bush/Cheney officials and others who seem to have been involved in some way.

Yesterday's "drational" posting was based, in no small part, on a detailed analysis researched and published by the good folks at ePluribus Media.

Also yesterday, Spencer Ackerman at TPM Muckraker posted a similar independent analysis of the Tim Griffin caging lists. His findings, as well, "strengthened allegations that Griffin, working for the Republican National Committee, was involved in an effort to target African-American voters."

All four posts mentioned are worth reading in full, with a reminder that we quoted a bit more from TPM Muck in Alan Breslauer's posting here yesterday of Tim Griffin's recent denial video in which he strains credulity by claiming he didn't even know what caging was, and had to look it up in a dictionary.

Nice try, Tim. In the meantime, any broadcast news outlets ready to run the story yet? Or will they wait until after it happens again, say, in 2008 or so?

Oh, and Mr. "Drat"? You owe a straight up --- unqualified --- apology to Palast for your original, over-the-top, un-researched, knee-jerk attacks on his reporting. Advancing and/or independently verifying someone's reporting is appropriate and appreciated, as you did in your latest. As well, holding folks responsible when elements are incorrect is also helpful. Going off half-cocked, as you did, with claims that Palast's reporting on this was "dangerous" and trying to justify those claims later based on several errors you claim to have found, none of which change the thrust of his original reports, as you did in your very good follow-ups, is less than impressive, in our opinion.

UPDATE: We failed to link, originally, to the ePluribus Media report upon which much of "drational's" article was based. We've now corrected that failure in the above article and have changed both the text and the headline to incorporate and link to their excellent work. The BRAD BLOG regrets the original oversight.

UPDATE 6/29/07 10:53pm PT: "drational" has done the right thing and posted "My Real Apology to Greg Palast..." at DailyKos. Some additional thoughts of mine posted in comments here.

Guest Blogged by Alan Breslauer

Brad wrote about it a couple of weeks ago. Then Greg Palast offered up a heartfelt apology on BRAD BLOG writing, "Boo-hoo! I made Tim Griffin cry." And now you can watch part of the infamous speech that will surely leave many readers teary eyed themselves. The part available at left is where Griffin denies knowing anything about vote caging, and references Palast --- though he refuses to mention him by name.

Of course, Griffin seems to have known what caging was, and had no similar problem naming names in the spreadsheet documents he sent to other Bush/Cheney and RNC operatives in an email with the subject line "Re: caging". The spreadsheet attachments contained lists of voters --- mostly minority voters, some serving over seas --- which they had planned to challenge at the polls in Florida during the 2004 election.

Thanks to TPMtv/Muckraker for the video. As well, they have done their own analysis of the Griffin caging lists in order to verify Palast's findings

Yes, "illegal". As we've been reporting for quite some time now. Also, in violation of several consent decrees, signed by the RNC during the 80's, that they would no longer target minority voters in these type of campaigns.

Guest Blogged by Alan Breslauer

While BRAD BLOG has extensively covered the "Vote Caging" issue over the past two years, including Brad's post from the road today, the file would not be complete without this video clip of John Conyers (D-MI) questioning Deputy Attorney General Paul McNulty during a House Judiciary Subcommittee hearing last week. For more details on McNulty's testimony as well as an interesting exchange between Conyers and Rep. Chris Cannon (R-UT) at the end of the clip, see Margie Burns's June 21 BRAD BLOG post.

Blogged quickly by Brad Friedman from Alabama (with a laptop on my knee)...

McClatchy's excellent Greg Gordon reports that the DoJ had written a letter in support of vote caging by Republicans in Ohio in 2004...

As BRAD BLOG readers know, we've been reporting --- often far too exclusively --- on the Florida 2004 vote caging scheme by former GOP oppo-researcher turned Karl Rove assistant turned Arkansas US Attorney turned disgraced former US Attorney, Tim Griffin. As we're on the roll, we'll have to refer you to our "Vote Caging" category for our previous detailed coverage. Scroll through the articles on that page for much more background.

But here's a bit more from McClatchy's piece today...

Guest blogged from D.C. by Margie Burns

Deputy Attorney General Paul McNulty returned to testify before Congress one more time today, but without shedding much new light on the much-criticized firings and hirings, alleged to be politically motivated, in the Department of Justice.

The Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, in another attempt to extract some truth about the DOJ personnel matter, held a hearing with McNulty as the sole witness. Under polite, soft-spoken but excruciatingly poignant questioning by Committee Chair John Conyers (D-MI), McNulty did clarify one thing: indeed it does seem that his part of the DOJ has done very little about “caging.”

Caging, as Rep. Cannon (R-UT) helpfully pointed out, “is a term of art in mailhouses” – it refers to the place where letters go when they have no address, all batched up in a separate room.

As Conyers gently reminded the audience, “caging” in the context of elections “is not an issue of the mail at all.” Voter caging, in the context of elections, means blocking voters out – choosing whole lists of voters whose vote will be challenged, chosen by whom and the criteria for challenge enunciated by whom, under this administration, still not fully explained.

Actually, not explained at all. Though it wasn't for Conyers' lack of trying to get information from McNulty about it...

Blogged by Brad Friedman on the road...

Following up on a letter sent to the DoJ on Monday by Democratic Senators Kennedy (MA) and Whitehouse (RI) demanding an investigation into the vote caging activities of former RNC/Bush-Cheney '04 operative, former Karl Rove protégé, and now former US Attorney from Arkansas, Tim Griffin, senators from his home state have announced their support of such a probe.

"If a citizen's right to vote is being threatened, I think without a doubt it is a very appropriate thing to investigate," Sen. Blanche Lincoln (D-AR) told Stephens News Bureau according to a report today. "There are enough suggestions out there that lend itself to that. Investigators owe it to the American people to find out whether or not (voter suppression) did occur."

Michael Teague, a spokesman for Arkansas Democratic senator Mark Pryor, told Stephens that an investigation is overdue, particularly in light of recent testimony from the DoJ's Monica Goodling. "I think at every turn and every corner at this point, the White House has said one thing and done another," said Teague.

Goodling, the DoJ's now-resigned liaison to the White House, told the U.S. House Judiciary Committee during sworn testimony, under immunity from prosecution, that Deputy Attorney General Paul McNulty "failed to disclose that he had some knowledge of allegations that Tim Griffin had been involved in vote 'caging' during his work on the President's 2004 campaign."

"This has a voter-fraud element to it...Why are we having to ask (the Justice Department) to look into this? Shouldn't that be something that's pretty routine?" Teague wondered.

Setting aside that this is about election fraud, not "voter-fraud" as Teague characterized it, both Democratic Senators are correct that an investigation should occur immediately.

Griffin denied wrongdoing in a teary speech in Arkansas last week. He maintained his innocence again to Stephens on Tuesday, telling them, "As I have said before, the allegations are malicious and false."

Vote caging is the practice of sending targeted registered mail to minority voters with "do not forward" instructions, in order to use any returned letters to challenge voter registrations as fraudulent or press for such voters to be removed from the rolls. In 1981 and 1986, after having done the same thing, the RNC signed consent decrees that they would not engage in such activities in the future. Apparently, they were just kidding both times.

In 2004, Greg Palast of the BBC reported on caging lists attached to email mis-sent by Griffin prior to the Presidential election. The lists reportedly targeted minority voters in Florida, some serving overseas in Iraq. The pre-election reports were all but ignored by both Congress and the American media until Goodling's testimony several weeks ago. Since then, The BRAD BLOG has run a number of exclusive follow-up reports by Palast, most notably here and then here. Griffin resigned on June 2 in the wake of the allegations revealed during the US Attorney Purge investigations. He had been named interim Arkansas US Attorney after the previous USA, Bud Cummins, had been one of the first to be forced out of his job during the DoJ/White House purge.

Senators Kennedy and Whitehouse have sent a letter to U.S. Attorney General Alberto Gonzales demanding a probe by the DoJ's Office of the Inspector General and Office of Professional Responsibility into "allegations that the Republican National Committee engaged in 'vote caging' during the 2004 elections."

The letter, sent today to Gonzales, also requests an investigation into "whether any Department officials were aware of allegations that Tim Griffin had engaged in caging when he was appointed United States Attorney for the Eastern District of Arkansas, and whether appropriate action was taken."

The complete letter and a press release sent along with it are posted in full at the end of this article.

"The Republican Party has a long and ignominious record of caging – much of it focused on the African American community," Kennedy and Whitehouse explain in their letter which gives details of the RNC using voting caging tactics to suppress minority voters in both 1981 and 1986. After both incidents, the GOP had signed consent decrees that they would not engage in the activity in the future.

Nonetheless, email evidence has shown that in 2004, Tim Griffin created and sent caging lists on behalf of the Bush 2004 campaign as originally reported by the BBC to little American media fanfare, prior to the election. Griffin, who became an aide to Karl Rove, was later appointed by the Bush Administration as the US Attorney from Arkansas after they had fired Bud Cummins. Griffin has since resigned from the post in the wake of the scandal.

In recent testimony before the House Judiciary Committee, the now-resigned DoJ liason to the White House, Monica Goodling, admitted that now-resigned Deputy Atty General Paul McNulty was less than forthcoming in his sworn Congressional testimony concerning his knowledge about Griffin's involvement in vote caging during the 2004 campaign.

In her testimony, given under a grant of immunity from prosecution, Goodling said that McNulty "failed to disclose that he had some knowledge of allegations that Tim Griffin had been involved in vote 'caging' during his work on the President's 2004 campaign."