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Latest Featured Reports | Tuesday, October 21, 2014
Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
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'BradCast': Special Coverage of WI, TX, AR Photo ID Rulings
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WTF?!: FL Gov. Rick Scott Refuses To Appear at Debate With Gov. Charlie Crist
Watch the video. They're calling it 'FanGate'. We're just calling it Florida...
Arkansas Supreme Court Strikes Down State GOP's Photo ID Voting Law
Court determines law, passed over Dem Governor's veto, violates explicit right to vote in state Constitution...
5th Circuit Appeals Panel Restores Texas GOP's 'Discriminatory' Photo ID Law
While not contesting lower court's finding of law's unconstitutionality, judges cite SCOTUS precedent on last minute voting changes...
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  w/ Brad & Desi
Coal wins U.S. Senate debate in KY!; Pentagon: climate change threat to NatSec; Wind power cheapest source of energy; PLUS: September 2014 was hottest ever...
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Strange But True: Minority Ruled in WI Photo ID Case
A bizarre sidebar to the federal court's ruling in WI, thanks to a quirk in the law and Dems' inability to fill a vacant seat on the 7th Circuit...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
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Liar, Liar: Father and Son Reps Duncan Hunter Just Make Shit Up
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ACLU on 'Photo ID Needed to Fly' Canard
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Brad's Upcoming Appearances
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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
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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
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'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
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FINALLY: FOX ON GOP REG FRAUD SCANDAL
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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
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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
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CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
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VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
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RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
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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
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The Secret Koch Brothers Tapes...


ALSO: NY, CT, PA, VA and OH polling sites struggle to get back on line after Superstorm Sandy and in time for Election Day...
By Brad Friedman on 11/3/2012 11:47pm PT  

[This article cross-posted by Salon...]

Since both before Superstorm Sandy hit, and after, we've been reporting on concerns in states where voters are forced to vote on electronic voting systems on Election Day and, thus, could be kept from being able to cast a vote at all in this Tuesday's Presidential Election should power be unavailable at polling sites.

We've noted that voters simply cannot cast a vote at all on such systems when the power is out, and that it's just one more reason why no American should ever be forced to vote on the 100% unverifiable voting systems, incredibly, still in use across most of states such as New Jersey, Pennsylvania, Maryland, Virginia, West Virginia and parts of Ohio which were all hit hard by the storm, along with New York, Connecticut and elsewhere.

We've got a bit of good news to report today, for some of the voters whose ability to vote at all has been imperiled by this inexcusable, completely foreseeable failure by public officials who have long ago been warned about this possibility and yet refused to do the sensible thing and move to a verifiable paper ballot system to avoid it.

The news is more encouraging in states like NY and CT, where officials respect voters enough to allow them all to vote on paper ballots, even when natural disasters haven't struck...

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

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PA, TN, IA Photo ID Messes; Early/Absentee Votes Lost in FL?; GOP Poll Watcher Lies in WI; CO Skullduggery; Votes Flipping R to D Says GOP; Voter Suppression Billboard Funder Unmasked...
By Brad Friedman on 11/2/2012 6:35am PT  

We're still having trouble, of late, keeping up with all the chicanery, dirty tricks and skullduggery now rolling across the country. So here, once again is our very quick take on just some of the most noteworthy items over the past few days that you'll want to keep in mind as we creep towards Election Day next Tuesday...

CBS Radio Affiliate in PA Inaccurate Says Photo ID Needed To Vote: "CBS Pittsburgh radio station KDKA...is running an ad claiming that voters will need photo identification to go to the polls on November 6th, despite the fact that while voters may be asked to show ID, it is not required to vote. The ad aired on October 26," despite the fact that it's been almost a month since the PA courts determined that no Photo ID will be necessary to vote this year in the Keystone State. The ad says: "The Voter ID law was just recently signed by the governor ... You're not going to be allowed to vote unless you present an acceptable photo identification. Get to a PennDOT licensing center and get a photo ID at the drivers' license center." The ad is completely inaccurate.

Broward County, FL Early Votes Disappearing?: Just one of the many reasons we advise against early voting, unless it's absolutely necessary: "An analysis of the unofficial totals by early voting location on the Broward Supervisor of Elections website from Saturday, compared to the tallies posted on Sunday, shows that in one location, the E. Pat Larkins Community Center, located on Martin Luther King Blvd. in Pompano Beach, the revised totals showed 1,003 fewer votes. The initial tally reported from the polling place in the heavily black neighborhood showed 2,945 votes, but the revised tally was 1,401. Across the 17 Broward polling locations, 15 saw their vote totals revised, mostly by minute amounts of between 1 and 7 votes. But the three more significant changes, including the addition of 398 votes in Tamarac (a racially mixed community) and adding 99 votes to the totals from Pompano Beach City Hall, whose demographic is majority white." ... Political consultant David Brown, who is working for three Broward candidates, "said that when he inquired about the numbers, he was told by the elections office that the changes had resulted from a 'computer glitch.'"

Loophole in FL Law May Disenfranchise Absentee Voters: Not sure this is necessarily in the "War on Democracy" category, but Michael C. Herron and Daniel A. Smith have found a very interesting, if troubling, quirk in FL law that could result in legal voters being disenfranchised if they cast their absentee ballot and then move to a different county and re-register there before Election Day. Best to read their take to fully appreciate it, though it makes us wonder how many other states around the country have a similar loophole in their absentee ballot and registration laws and how many voters could actually be affected by such a loophole.

Romney Campaign Training WI Poll Watchers to Lie: "One blatant falsehood occurs on page 5 of the training packet, which informed poll watchers that any 'person [who] has been convicted of treason, a felony, or bribery' isn't eligible to vote. This is not true." ... "The training also encouraged volunteers to deceive election workers and the public about who they were associated with. On page 3 of the packet, Romney poll workers were instructed to hide their affiliation with the campaign and told to sign in at the polls as a 'concerned citizen' instead." After the story was published, "the Romney campaign's schedule of poll watcher trainings was changed to private."

Update: Romney Poll Watchers also being mis-trained in Iowa, being told that Photo ID is required to vote there. It isn't.

Keep an Eye on Colorado: So recommends Bev Harris of Black Box Voting, and for very good reason. Not only is CO a key battleground this year, said to be a virtual tie in most of the polls, but "Colorado election integrity and transparency is now officially out the window, with a series of corruption protection rules and new laws." Among those laws? Ballots that can be tied back to the voter; A new law that makes ballots and other election materials no longer public records, at least not before 45 days after an election; Extreme Tea Party Rightwing Sec. of State Scott Gessler's new rules that "remove requirements for continuous video surveillance" under the guise of "cost-saving"; the reduction in the number of so-called tamper-evident seals on voting machines; and more...

GOP Says Votes Flipping From Romney to Obama on Touch-screens in 6 States [PDF]: We've only seen a few reports of this, but don't necessarily doubt it. While, historically, most touch-screen votes flip away from Ds, we've seen reports of them flipping to Ds on a few occasions as well. Either way, these systems are 100% unverifiable (with or without a so-called paper trail print out, as some have) and should never be used in any American election. The GOP has sent their letter to Secretaries of State in NV, OH, KS, MO and CO, and the Executive Dir. of the Election Board in NC. Three of those folks are Ds, three are Rs. The letter requests that they "Make arrangements for additional technicians on Election Day in case of increased calibration problems." Of course, when machines flip votes, they should be taken out of service, not re-calibrated when they are in "Election Mode" and most sensitive to manipulation. The letter also foolishly asks for signs to be posted warning voters to "double-check that the voting machine properly recorded their vote", which is, with these sorts of machines, scientifically impossible.

Legal Voters With Library Cards Forced to Vote Provisionally in Shelby County (Memphis), TN: "A Shelby County election official said voters who are showing up at polls with only a Memphis library card as their photo identification are being given provisional ballots. ... Shelby County Election Commission Chairman Robert Meyers said Monday that he's working to find out how many voters have been given provisional ballots after showing their Memphis library card during early voting ahead of the November 6 election. ... The state Court of Appeals ruled [last] Thursday that a new law requiring voters to show photo ID at the polls is constitutional but also said the library card qualifies as a government-issued photo ID. State election officials filed an appeal with the state Supreme Court on Friday, arguing that the Memphis library ID should not be allowed because it wasn't issued by state government." This Thursday, the Supremes decided that library cards may be used as voting ID, but will review the case in full after the election.

Funder of Those Voter Suppression Billboards in WI and OH Identified: Last week, we told you about those "Voter Fraud" billboards placed throughout minority neighborhoods in OH in WI, by an unnamed family foundation, and that Clear Channel finally agreed to take them down. This week, the folks at theGrio and One Wisconsin Now figured out who paid for them. You'll be shocked to learn it was a Rightwing hedge fund manager who says he was only try to perform a "public service because voter fraud - whether by Republicans or Democrats - undermines our democratic process." He failed to explain why his "public service" billboards only appeared in minority neighborhoods.

One Wisconsin Now notes that "In 2010, [Reince] Priebus [who is from Wisconsin, but is now the RNC Chairman] was cited by name, in an aborted voter caging plot targeting minorities and college students involving the Republican Party of Wisconsin, Americans for Prosperity and Wisconsin's Tea Party leaders, including documents that referenced 'billboards' as part of the scheme multiple times. ... That this anti-American garbage is turning up in other states now that Priebus is running the RNC is of no surprise to us in Wisconsin given his career of scheming to deny legal voters their right to the franchise."

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By Brad Friedman on 11/1/2012 2:05pm PT  

[This article was cross-published by Salon.]

With just 5 days to go until the nation holds its next Presidential Election, power remains out in large swaths of the Eastern Seaboard, according to Google Maps' special Hurricane Sandy power outage map.

The outages persist in a number of states which force the majority of their voters to use 100% unverifiable electronic voting machines to cast their votes at the polls on Election Day. If power is out at the polling place on Election Day in those states, voters may not be able to cast their vote at all.

As we warned before Sandy barreled ashore earlier this week, the ability of voters to vote at all --- presuming polling places are not flooded and voters are able to get to them --- is imperiled by states such as Virginia, Pennsylvania, West Virginia, Maryland, New Jersey, North Carolina and even Ohio, all of which force all, or some of their voters to vote on systems which simply do not work if they do not have power.

While most of those states require a small percentage of emergency paper ballots be made available at the precincts, that number is unlikely to be enough in the event that voting machines are unavailable all day at the polls on November 6th. Moreover, battery backups on the electronic touch-screen systems are unreliable at best and, even when working, can only be counted on for a small number of hours.

In Pennsylvania, for example, as noted yesterday by the Pittsburgh Post-Gazette, "In case of power loss, local election officials are encouraged to keep enough paper ballots on hand for 20 and 25 percent of their registered voters."

While the PA Dept. of State claimed in the same report that voting machines can run on backup batteries "about six hours," a Lehigh County, PA election official offers a more realistic assessment, noting their touch-screen system backup batteries last just 2 and a half hours at best.

The BRAD BLOG has long warned that power loss on Election Day is just another, among a myriad of reasons why forcing voters to use such systems is insane and extraordinarily disrespectful to the electorate in such jurisdictions. Other reasons why these type of voting systems should never be used: They are 100% unverifiable in every case (whether they include a so-called "Voter Verifiable Paper Audit Trail" or not, as some do) and computer scientists and security experts have long warned, in virtually every instance where these type of systems have been examined over the past decade, that they are both prone to failure and easily manipulated, by both election insiders and hackers alike, in ways that are unlikely to ever be detected.

At The Nation today, Ari Berman notes that "Thanks to a wave of new voting restrictions passed by Republicans, the 2012 election was already shaping up to be pretty chaotic before the arrival of Hurricane Sandy, which left 8.2 million households without power in 15 states and the District of Columbia."

He then goes on to detail some of the worst hotspots for concern...

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

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Post office 'glitch' rejecting absentee ballots in Philadelphia
Inaccurate radio ads saying Photo ID needed to vote still running...
By Brad Friedman on 10/30/2012 12:41pm PT  

This item is less reassuring than it appears at first, once one pays attention to the details. Philadelphia Inquirer reporting...

Hurricane Sandy hit Pennsylvania just as the state's voters faced deadlines for acquiring and submitting absentee ballots, a situation that could affect thousands of votes in the close presidential election.

Gov. Corbett [R] announced Monday night that he was extending the deadline for voters to request absentee ballots - originally 5 p.m. Tuesday - by up to two days, depending on how many days county offices were forced to close because of the storm.

That will give registered voters in Philadelphia, where offices were to be closed Monday and Tuesday, until Thursday at 5 p.m. to show up in person at county election offices, fill out an absentee ballot request, mark the ballot, and vote on the spot. The new deadline would be Wednesday for government offices closed only one day.
...
It will be too late to use that extended deadline to send an absentee ballot through the mail, because Corbett said he was not extending the Friday deadline for completed absentee ballots to arrive at county election offices.

Any use of the mail could be problematic because the storm has curtailed mail service in Philadelphia and the suburbs. Further cutbacks are likely throughout the state, depending on the course of the storm the remainder of the week.

The article was called to our attention on Twitter by MN's Sec. of State Mark Ritchie who asks: "Maybe other states will follow" in extending their absentee deadlines? But, again, please note that extended deadline only works for those showing up in person to cast their absentee ballot.

And then the Inquirer article also adds this troubling tidbit...

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By Brad Friedman on 10/29/2012 4:35am PT  

[This article was cross-posted by Salon...]

"History is being written as an extreme weather event continues to unfold, one which will occupy a place in the annals of weather history as one of the most extraordinary to have affected the United States," the Weather Channel's Senior Meteorologist Stu Ostro is warning. "This is an extraordinary situation, and I am not prone to hyperbole."

The National Weather Service has been telling us over the past several days that the serious impact of the super storm which is Hurricane Sandy is not to be underestimated. But there is another concern that has been keeping me awake over the past week or so.

NBC's Al Roker spelled out that concern briefly on Sunday's Meet the Press, explaining what I've been worrying about since it became clear that the storm could have serious ramifications on Election Day.

I'm not talking about the political ramifications about its effect on planned campaign events between now and Election Day, on Early Voting turnout, or even how it's handled by President Obama and FEMA, etc. I'm talking about the serious question of whether voters will be able to vote on Election Day at all, particularly in states which force voters to use electronic voting systems at the precincts.

"We expect massive power outages throughout the area," Roker told NBC's David Gregory (before Gregory hurried to ignore the comment entirely.) "As the system moves on shore it's going to be a long term effect. It's going to last for about 72 hours. And so we're talking about people who could be without power for at least 10 days. That, as you know, will take it right into Election Day. So what will people do if they can't get to the voting booth, or the voting booths don't have power?"

Good question, Al. And one we've warned about here for a number of years.

There are about a half a dozen states (listed below) directly in harm's way where voters are forced to use 100% unverifiable electronic voting systems on Election Day. In those locations, unless they have enough emergency paper ballots printed up to accommodate the entire electorate at precincts where power remains disrupted on Election Day, there could be very serious and unprecedented problems...

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

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Sequoia touch-screen systems, found vulnerable to failure and undetectable manipulation, to be used again in 13 states...
By Brad Friedman on 10/26/2012 2:47pm PT  

President Barack Obama may have voted for Mitt Romney yesterday when he cast his Early Vote at the Martin Luther King Community Center in Chicago's 4th Ward. Nobody knows for sure. Even him.

He cast his vote on a 100% unverifiable touch-screen e-voting system made by Sequoia Voting Systems (which is now owned by a Canadian firm named Dominion Voting.) It is scientifically impossible to ever know if his vote was recorded accurately, as per his itent, or not on that type of voting system.

"I can't tell you who I voted for," the President joked, as noted by our colleague Mark Crispin Miller in a short blog item today wryly headlined "Obama votes for Romney". The President's joke may not have been nearly as funny as he had intended it.

We confirmed with the Chicago Board of Elections that Early Voters in the Windy City must do so on the oft-failed, incredibly-vulnerable, and easily-hacked (see below for details) Sequoia AVC Edge touch-screen voting system which is still used according to VerifiedVoting.org's database for Early, Disabled-Accessible or Standard polling place voting in some 234 jurisdictions across all or part of some 13 states, including Arizona, California, Colorado, Florida, Illinois, Louisiana, Missouri, New Jersey, Nevada, Pennsylvania, Virginia, Washington and Wisconsin.

On Election Day, the Board's Communication Director told The BRAD BLOG, voters are allowed to vote on their choice of either paper ballots (also tallied by Sequoia's incredibly faulty computer tabulators --- the same ones which announced losing candidates as "winners" in 3 different elections in Palm Beach County, FL earlier this year) or Sequoia's 100% unverifiable AVC Edge touch-screens.

The Intellectual Property of those Sequoia systems is still a proprietary trade secret owned by a Venezuelan firm named Smartmatic, which has been tied to the country's long-time President Hugo Chavez. That point was lied about by Sequoia's then CEO Jack Blaine when he was asked directly about it by a Chicago Alderman some years ago, as The BRAD BLOG detailed exclusively back in 2008.

Sequoia has since been purchased by the Canadian firm Dominion Voting, which also subsequently lied about the company's Intellectual Property being owned by the Chavez-tied company when they announced their takeover of Sequoia in 2010. Dominion confirmed as much when we called them on it after their announcement. And, yes, we are still the only ones to have reported that as well.

A few other quick points of note which should deeply concern every voter in the nation --- of any party, or none at all --- about the 100% unverifiable Sequoia touch-screen voting systems that the President foolishly entrusted yesterday to accurately record his vote...

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

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DoJ, U.N. observers deployed; Clear Channel takes down offensive billboards; OH's 'un-American' SoS; Photo ID confusion in PA...
By Brad Friedman on 10/22/2012 10:41am PT  

These are now coming in too quickly for us to cover 'em all in detail. But let's see if we can try and help get a few more eyeballs on at least some of the most noteworthy, with more in-depth coverage to come as/if time allows...

DoJ Monitoring Early Voting in TX: "The Justice Department announced today that it will monitor portions of the early voting period for the Nov. 6, 2012, general election in Dallas and Harris Counties, Texas, to ensure compliance with the Voting Rights Act of 1965."

UN Monitoring U.S. Precincts on Election Day: In March, we noted that the NAACP requested U.N. monitors to observe the U.S. election, based on concerns about disenfranchisement by GOP polling place Photo ID restrictions and other voter suppression tactics. Now they're getting them. "The Organization for Security and Cooperation in Europe (OSCE), a United Nations partner on democratization and human rights projects, will deploy 44 observers from its human rights office around the country on Election Day to monitor an array of activities, including potential disputes at polling places. It's part of a broader observation mission that will send out an additional 80 to 90 members of parliament from nearly 30 countries."

Oddly, Republican-funded "non-partisan" group "True The Vote", which claims to be monitoring polling places to prevent fraud (but appears to be there to challenge legitimate voters, intimidate them and cause havoc instead), is against the idea. If they wanted to prevent fraud wouldn't they say the more observers the better?

"Voter Fraud" Billboards Coming Down: After they've already been up in minority neighborhoods for two weeks..."Clear Channel Outdoor will remove 30 billboards across the city that drew complaints of racism and intimidation with their message of "Voter fraud is a felony," the company said Saturday night." Clear Channel also says it'll donate "10 other billboards that will have messages to counter the offending ones." They'll read "Voting Is a Right. Not a Crime!" See Jamil Smith's take on why the billboards, placed in minority areas, were so disturbing.

OH SoS Says Order to Restore Early Voting "Un-American" - Yes, that's what Republican Sec. of State Jon Husted, vying to become the J. Kenneth Blackwell for 2012, actually said during his keynote speech at an election law symposium at University of Toledo on Friday. Apparently the remarks were not well received by the actual Election Law experts on hand. See our summary of Husted unsuccessful, "Un-American" attempt to ask the U.S. Supreme Court to help him keep legal voters from voting right here.

State Ads Causing Confusion in PA Following Photo ID Ruling: As we predicted when the Republican Commonwealth Court Judge's ruling was issued, confusion is now reigning in PA. The ruling barred the GOP's polling place Photo ID requirement (this November, anyway), but decided that poll workers could ask for it anyway. Moreover, the Judge refused to enjoin the part of the law that allocates millions in tax-payer dollars to "voter education" about the Photo ID law. "That critical detail in Simpson’s opinion — that photo ID is not required in this election — has been lost in much of the $5 million advertising campaign by the Pennsylvania Department of State, voters rights advocates charge. On buses, an ad displays a photo ID with 'SHOW IT' in big block lettering. In smaller type, it says photo ID is not mandatory. Moreover, state officials acknowledge that it was not until Tuesday, a full two weeks after the court opinion, that the last of the pre-decision billboards announcing photo ID as a requirement came down."

"Late Friday, the Advancement Project, a civil rights organization, filed a petition asking [Commonwealth Court Judge Robert] Simpson to order Pennsylvania officials to cease advertising and distributing information about the photo ID requirement."

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By Brad Friedman on 10/3/2012 11:20am PT  

I had a lot to pack in to about 4 minutes on Thom Hartmann's Big Picture TV show last night, but I did my best, including a tasty new morsel on Florida's criminal investigation into the GOP Voter Registration Fraud Scandal that I was able to obtain just before air, and which I haven't yet broken elsewhere...

As referenced in the video above:

  • More on the nationwide GOP Voter Registration Fraud Scandal here...
  • More on the polling place Photo ID restriction ruling in PA yesterday here...
  • More on the story Thom mentioned about Romney investors tied to voting machine company Hart Intercivic, here...
  • And more, if you've yet to read it, on the coordinated, systematic, nationwide GOP Voter Registration Scam to lie to potential registrants in hopes of keeping Obama supporters from even being able to register to vote this year, here...

By the way, while I try to include the following tag below when posting our Election Integrity stories, I usually get few takers. Your support this time of year is crucial, as I simply don't have much time for fund raising at all, or even for selling stories elsewhere (which sometimes helps to cover some of the expenses we have here). I'd rather be reporting, than fund raising, especially now. So anything you can do to hit the tip jar below is greatly appreciated! I do hate asking, but I have to. So my great thanks in advance!

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By Ernest A. Canning on 10/2/2012 10:11pm PT  

Today, democracy in Pennsylvania was granted a reprieve. For now. Of a sort.

In response to a recent state Supreme Court remand, unanimously voiding his previous August ruling, Commonwealth Court Judge Robert Simpson, a Republican, issued his new ruling [PDF] today on the state GOP's polling place Photo ID restriction law.

He enjoined just a part of the law, but it effectively strikes down the most onerous provision of it --- but only for this November's Presidential election. There were also a number of troubling caveats with what he left in place, rather than striking down the entire statute as the petitioners had sought.

There has been some confused and confusing reporting on the ruling today. Here is where --- barring any additional court challenges --- the law stands at this moment, just over one month from Election Day...

  • Voters will NOT have to show a state-issued Photo ID at the polling place in order to cast a normal ballot.
  • Poll workers SHALL ask voters for Photo ID, but they may NOT keep them from voting if they do not have one.
  • Voters will NOT have to cast a provisional ballot if they do not have state-issued Photo ID.

Hopefully that clarifies the key points of today's ruling, which is being misreported in some quarters.

Also of note, the court refused to enjoin the Commonwealth's tax-payer funded $5 million ad campaign, as written into the statute for the purposes of "educating" the public about the polling place Photo ID requirement (even though it no longer practically applies for this election.)

Given that, and given that poll workers may still ask for ID this November, and given that the Photo ID requirements, barring more legal challenges, will be allowed to take effect next year, it is almost guaranteed that confusion will reign in parts of Pennsylvania this year. On the upside, the 1.6 million otherwise-eligible voters who it was feared could be disenfranchised, will at least be allowed to vote in this year's Presidential election, presuming they can navigate all of the confusion left in place by Judge Simpson.

Contrary to the claim made by GOP "voter fraud" fraudster, Hans Van Spakovsky, the court did not rule on the constitutionality of PA's Photo ID statute. A ruling on that aspect of the law will not be made until after the case proceeds to a trial, following the election, on the plaintiff's request for a permanent injunction.

Tonight, MSNBC's Rachel Maddow also discussed the confusion likely to be brought by the state's continuing ad campaign along with the other vagueries allowed to continue by Judge Simpson's ruling today...

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

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Petitoners argue Judge's suggested partial injunction would disenfranchise voters, violate state Supreme Court's mandate...
By Ernest A. Canning on 9/30/2012 9:30pm PT  

A Pennsylvania Commonwealth Court judge may be on the verge of "splitting the baby" in his latest ruling on the challenge to the state Republicans' polling place Photo ID law, despite a clear mandate from the state Supreme Court ordering him to either find the new law will not disenfranchise any voters this year, or block it entirely with an injunction.

Last Friday, attorneys representing the petitioners in a lawsuit challenging the legality of the state GOP's draconian polling place Photo ID law, filed a 26-page Post Hearing Brief [PDF] in which they counseled Commonwealth Judge Robert E. Simpson not to defy the state Supreme Court by issuing only a "limited injunction" in the case.

Such a ruling, they argue, could force a minimum of 90,000, but perhaps as many as 1.6 million voters who lack the requisite Photo IDs, to cast provisional ballots --- which are sometimes counted, sometimes not --- during the Nov. 6, 2012 election.

The brief was filed one day after Judge Simpson informed the parties to the case that, despite evidence that there was no conceivable means by which the Commonwealth could supply all of the otherwise eligible voters with the requisite Photo IDs now needed to vote under the new law before the Nov. 6 election, he was inclined to enjoin only that portion of the Photo ID law's provisional ballot section that contains disenfranchising language.

Petitioners contend not only that such an injunction would defy the mandate laid down by the Supreme Court when it vacated Judge Simpson's previous order earlier this month, denying their request for a preliminary injunction, but that it would amount to an "inadequate remedy" that would create "a bifurcated system" that would entail a "naked disenfranchisement" of untold numbers of previously-eligible voters.

From the content of the brief, it is clear that unless Judge Simpson issues a full preliminary injunction barring enforcement of the Photo ID law with respect to the Nov. 6 election, this case will be headed back to the Pennsylvania Supreme Court once again, just over 30 days before the Presidential Election...

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

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ALSO: New hearings underway this week on GOP polling place Photo ID restriction laws in SC and PA...
By Brad Friedman on 9/24/2012 12:07pm PT  

According to a new poll out today, voters in Minnesota may be getting wise to the state Republicans' scheme to suppress the votes of minorities, the elderly, students and the poor, all of whom have the annoying habit of voting in favor of Democrats.

After MN's Democratic Governor Mark Dayton vetoed a law passed by Republicans in the legislature last year that would have required state-issued Photo ID for voters at the polling place before they were allowed to cast their vote, the Republicans decided to bypass the Governor and take the issue straight to the voters.

Without a single Democratic vote, and opposed by the state's chief election official, Sec. of State Mark Ritchie (D), GOP members of the legislature voted to put the issue up for a Constitutional Amendment referendum on the ballot this November.

While the wording of the ballot question itself was challenged by the League of Women Voters and other voting rights groups who charged that the language chosen for the ballot was purposely deceptive and failed to detail the real effects of the Amendment, at the time we first wrote about the matter in July, our legal analyst Ernie Canning noted that, if the referendum was allowed on the ballot, there was a very real chance that it might be supported by voters who, he said, have been "utterly deceived [in the] court of public opinion" about the need for such a restriction.

Citing a May 2011 poll of Minnesotans by the Star Tribune, Canning noted that a whopping 80%, at the time, supported the adoption of photo ID restrictions in the state.

The bad news is that, despite some skepticism displayed during the recent MN Supreme Court hearing about the ballot question (as well as the legalities of such a Constitutional Amendment itself, which was not at issue during the case heard by the court, whose justices are all appointees of former Republican Gov. Tim Pawlenty), the court eventually decided to allow the initiative to remain on the ballot this November as written.

The good news, on the other hand, is that, following an uptick in mainstream media coverage of the issue over the past several months, while a slim majority in the state still favor the amendment, support appears to be nose-diving, at least among Democrats and independents, according to a new survey by the Star Tribune...

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

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Judge ordered to review if GOP voting restriction can be lawfully implemented as written, and without disenfranchising voters; else it must be blocked
Dissenters: Ruling will 'allow chaos to beget chaos'...
By Brad Friedman on 9/18/2012 2:15pm PT  

The Pennsylvania Supreme Court, in a 4 to 2 decision this afternoon, has vacated a Commonwealth Court's earlier ruling, which had denied a temporary injunction on the state GOP's polling place Photo ID restriction law. Rather than issuing their own injunction, they have has sent the matter back to the lower court for review.

According to the high court's 7-page order [PDF] issued today, if the lower court finds that the state is unable to implement "liberal access" to the supposedly free Photo IDs to be issued by the state, as dictated by the General Assembly's requirements detailed in the statute itself, "or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction."

We'll try to unpack that for you in a moment. As well, there were two scathing dissents to today's ruling, both highly critical of the majority for not ending the ongoing "chaos" immediately, instead of remanding it for another round to the lower court. But, in general, and depending on how Commonwealth Court Judge Robert Simpson, a Republican, reviews the case as ordered, this is may be good news for voters in the Keystone State.

"It's certainly a very positive step in the right direction in that the court recognizes that the state does not make adequate provision for people to get the ID that they would need to vote," said David Gersch, the lead lawyer for the plaintiffs challenging the law's state constitutionality, according to CBS. "In addition, there is a practical problem with getting the ID to people in the short time available."

The case, Applewhite v. Commonwealth of Pennsylvania [PDF], was originally filed in May by the ACLU, the PA League of Women Voters, and other civil rights organizations on behalf of 92-year old Viviette Applewhite and 10 other petitioners who were facing potential disenfranchisement under the new law, along with hundreds of thousands of other legally registered and otherwise eligible voters in the state. Before the trial even began, the Commonwealth admitted that they were unaware of a single instance of polling place impersonation --- the only type of voter fraud that can possibly be deterred by their polling place Photo ID restrictions --- in the history of the state.

Last Thursday, during their hearing in Philadelphia, the PA Supremes indicated they had some skepticism about the law, as we detailed here. The court was reviewing an appeal by the plaintiffs filed last week after the Commonwealth Court had stunned many of those following the case, including the plaintiffs who had predicted a "slam-dunk" win, by upholding the law last month and refusing to grant a preliminary injunction in advance of the November Presidential election.

But now Judge Simpson will have another crack at deciding the case, as the high court has punted it back to him. This time, however, he has been ordered by the high court to issue a preliminary injunction on the law if he cannot determine that the state is able to meet two very specific conditions...

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

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(And what you can do to help counter it.)
By Brad Friedman on 9/16/2012 9:38pm PT  

I'm in this short video --- just out tonight from John Wellington Ennis, filmmaker of one of my favorite Election Integrity documentaries, Free For All: One Dude's Quest to Save Democracy and the forthcoming Pay to Play: Democracy’s High Stakes --- but don't let that keep you from watching it. It's very good and has a bunch of other folks in it who are really smart.

Ennis, who is also one of the founders of the very important Video the Vote project, has a way of making difficult ideas easy to understand and entertaining to watch. He does so again here...

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Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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TONIGHT: Author Kurt Eichenwald, Philadelphia Election Comm. Chair Stephanie Singer; Gov. Don Siegelman's Daughter Dana; MORE!...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 9/14/2012 3:43pm PT  

[Now UPDATED with audio archives below! Enjoy! I did! - BF]

We're back guest hosting the nationally-syndicated Mike Malloy Show once again tonight as Mike and Kathy take another rare night off.

As usual, we're BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell it your from "Minnesota" when asked!) Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

* * *

POST-SHOW UPDATE: Holy cow! Was that a crazy, busy, insane, fast moving show! TONS of breaking news and some great guests. Check all the ad-free archives out below! And read the chat room archives along with it if ya like. Good luck! I need a nap...

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

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By Brad Friedman on 9/13/2012 3:45pm PT  

Today, in a courtroom in Philadelphia, the Pennsylvania Supreme Court held a hearing to determine whether Republican Commonwealth Court Judge Robert Simpson was correct in his verdict [PDF] last month when he stunned plaintiffs by upholding the state GOP's polling place Photo ID restriction and refusing the ACLU/Advancement Project's motion for a temporary injunction before this November's Presidential Election.

The voting rights groups are challenging the law on behalf of eight, mostly elderly, plaintiffs plus the League of Women Voters of PA and the NAACP and other civil rights groups, as a violation of the state Constitution's guaranteed right to vote. Last week, The BRAD BLOG's Ernie Canning detailed their powerful appellant's brief, arguing that Simpson erred in his ruling.

The plaintiffs had originally predicted a "slam dunk" victory in the lower court case, given the remarkably poor presentation offered by the Commonwealth, and the myriad of evidence presented in their favor, showing that some 1.6 million otherwise eligible voters could be disenfranchised this November, in addition to the state's own admission before the trial began that the Commonwealth was unaware of any "investigations or prosecutions of in-person voter fraud in Pennsylvania" and that no "in-person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."

So today's hearing was key and, according to The Nation's Ari Berman, was played out before "a packed, standing room only courtroom."

While the state Supreme Court currently consists of three Democrats and three Republicans (the fourth Republican judge on the bench is currently suspended, pending a corruption investigation), a split verdict would mean the lower court's decision to allow the GOP's restriction on voting would stand.

But there were hints today that at least one Republican judge may be skeptical about the state's claims that nobody need be disenfranchised by the GOP-enacted law which would take effect, for the first time, in the November Presidential election, just 54 days from now...

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

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