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Latest Featured Reports | Saturday, April 19, 2014
More Good 'Obamacare' News for Terrified Dems
Will Democrats continue to run scared, or will they embrace the unrelenting string of encouraging Affordable Care Act successes as we head into the 2014 mid-terms?...
'Green News Report' 4/17/14
  w/ Brad & Desi
One year since West, TX disaster; New 'habitable' planet!; Air pollution in poor areas; Record warm March; PLUS: 'Bombshell' study: CA drought caused by global warming...
Previous GNRs: 4/15/14 - 4/10/14 - Archives...
The Climate Is Invading the Earth! To Battle Stations!
If only the climate was a person that could be defeated with guns -- the world might finally take the threat that climate change now poses with the seriousness it deserves....
'Green News Report' 4/15/14
  w/ Brad & Desi
GNR Special Coverage: The UN Inter- governmental Panel on Climate Change Report on Mitigation: costs, risks, and opportunities. Is it too late avoid climate catastrophe?...
Previous GNRs: 4/10/14 - 4/8/14 - Archives...
'Conservative' RW 'Legal' Blogger Defends Freeloading Nevada Rancher
PowerLine's hyper-partisan John Hinderaker admits Cliven Bundy 'doesn't have a [legal] leg to stand on', but digs deep to find a reason - any reason - to defend the scofflaw anyway...
Sunday News Shows Fail to Mention U.S. Senate CIA Torture & Detention Report
Despite U.S. and international crimes outlined in the findings, based on first-hand CIA docs, not a single Sunday show even brought it up...
NSA Knew About, Exploited Internet Open Source Bug for Years
What part of "national security' does the National Security Agency not understand?!...
Destroying America: 'Obamacare' Kills Another Business
Free medical clinic in rural Arkansas to close doors after health insurance reform law leads to lack of customers...
'Green News Report' 4/10/14
RW Heartland Institute says 'climate change will be good for you!'; Russia threatens natural gas supplies to Ukraine, Europe; PLUS: Attack of the Tumbleweeds! (No, really!)...
'Green News Report' 4/8/14
Study: CNN, Fox 'News' FAIL on climate; CNN looks for plane, finds ocean of garbage; PLUS: Energy co. receives record fine for 85 years of toxic waste (& couldn't be happier about it)...
Christie's E-Cig 'Sin Tax' Due to 'Public Health' Concerns?
After slashing anti-smoking programs, 'conservative' Christie admin offers absurd reason for massive new tax, but NJ Star-Ledger ain't buyin' it. And neither are we...
Judge to TX Repubs: Turn Over the Docs!
Courts rules TX legislators must provide email related to passage of polling place Photo ID restrictions which may prove discriminatory intent of the GOP law...
'A New Kind of Liberty' for the Kochs and Anyone Else Who Can Afford to Buy It
Have the rightwing judicial activists on the Supreme Court made you feel freer yet?...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


By Brad Friedman on 2/7/2014 1:10pm PT  

Ian Millhiser notes today that Florida Gov. Rick Scott's hand-picked Sec. of State Ken Detzner is still working hard to keep certain voters there from voting in the upcoming special election in March.

While both Scott and Detzner had once pretended to be embarrassed about the long lines they caused (and refused to correct) at the polls during the 2012 election, it turns out, even with Scott facing re-election this year, the pair are still working hard to suppress the vote in the Sunshine State...

Gainesville, Florida, in an attempt to avoid the six-hour lines that characterized last Election Day, sought approval to use the University of Florida's student union as an early voting site. Florida Secretary of State Ken Detzner denied the request, sparking outrage.

Detzner justified the decision by claiming that the Reitz student union does not fit the list of eligible early voting sites, which was expanded last year to reduce lines. Now, municipalities can use fairgrounds, government-owned community centers, convention centers, stadiums, courthouses, civic centers, and county commission buildings. "The terms 'convention center' and 'government-owned community center' cannot be construed so broadly as to include the Reitz Union," the state's Division of Elections argued.

Local officials contend that the Reitz Union qualifies as a government-owned community center, as it is part of a public university.

"I'm very upset about this," Polk County Supervisor of Elections Lori Edwards told the Tampa Bay Times. "I just can't understand why they feel the need to be so restrictive about where people are allowed to vote...This is strategic. They're worried about young people voting."

Instead, UF students will have to travel more than five miles off campus in order to cast their vote in the March special election --- a difficult trip for a mostly car-less population.

The Tampa Bay Times reports that the Reitz student union is "used as a regular voting precinct in county, state and national elections. About 50,000 students attend UF, and the city said the request to use the Reitz Union for early voting came from a group of students."

Deirdre Macnab, president of the League of Women Voters, called the decision "jaw dropping".

The Times quotes Senate Ethics & Elections Chairman Jack Latvala (R), described as the sponsor of SB 600, "the 2013 law that expanded early voting sites", claiming that "we really did not specifically allow for [early voting sites] to be on campus."

However, HB 7013 (the companion bill in the FL House to SB 600, the one that was actually passed and signed into law) says nothing about disallowing early voting cites that are on campus. It reads specifically (see page 25 [PDF])...

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

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By Brad Friedman on 1/31/2014 1:40pm PT  

Sure, Pennsylvania's Republican Governor Tom Corbett may be the dumbest in the nation, but the competition for that title is certainly fierce and tough to quantify.

Who can forget his advice to women of the state back in 2012 that they should just lie back and "close your eyes" while being forced by his government to receive a vaginal ultrasound while the monitor must be pointed towards them before terminating a pregnancy? That was fun.

Then there was his claim that same year, described as "ludicrous" to The BRAD BLOG by a longtime Keystone State election integrity expert, that the GOP polling place Photo ID restriction bill he signed into law was needed, in no small part, because some precincts in the state "come in with a 112 percent" turnout. Of course, that was completely untrue, but, hey, it sounded like actual information! That voter restriction law, as we reported recently, was permanently enjoined by a state court earlier this month after it was found to be in violation of the commonwealth's constitutional right to vote. The law, according to the court, would also have disenfranchised "hundreds of thousands" of legal voters in the bargain.

But how could Corbett have known that? After all, when Corbett's own appointed Secretary of the Commonwealth Carol Aichele (another great mind and, coincidentally, the wife of Corbett's own Chief of Staff), was asked about it in court during the legal challenge to the law, she admitted, "I don't know what the law says." Hey, if the state's chief election official doesn't know how many thousands or millions of otherwise legal voters will be disenfranchised by a law, how should the Governor be expected to know any better?!

But the news is not all bad for Gov. Genius, as a new poll out this week in advance of his exciting re-election bid this year details!...

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

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And why we do what we have done here for the past 10 years...
By Brad Friedman on 1/24/2014 12:25pm PT  

Late last year, The BRAD BLOG covered the incredibly close results of the state Attorney General's race in Virginia in great detail. The Democrat Mark Herring was eventually declared to be the winner in that razor-thin race after what suffices for a "recount" process in the Old Dominion.

An announcement this week by the state's brand-new Attorney General offers a stark reminder, once again, of the importance of elections and of the work that The BRAD BLOG has done here for the past 10 years...

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

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Finds Republican-enacted statute would disenfranchise 'hundreds of thousands' of legal voters for 'no compelling state interest'...
By Ernest A. Canning on 1/19/2014 9:30am PT  

A Pennsylvania Photo ID law that one Republican lawmaker once boasted would deliver the Keystone State to Mitt Romney in the 2012 Presidential Election was struck down by a Pennsylvania trial court.

Judge Bernard L. McGinley of the Commonwealth Court of Pennsylvania ruled that several sections of Act 18, the Republican-sponsored polling place Photo ID statute that was signed into law by Gov. Tom Corbett (R) in March of 2012, violated the Pennsylvania Constitution. The court, which previously prevented the law from taking effect by the issuance of a preliminary injunction, ordered that Act 18's in-person Photo ID requirement be permanently enjoined.

That ruling does not come as a surprise.

In May of 2012, The BRAD BLOG predicted that the plaintiffs in Applewhite vs Commonwealth of Pennsylvania would likely establish that Act 18's polling place Photo ID restrictions violate of that state's constitution. The lawsuit --- named after its 93-year old lead plaintiff Vivian Applewhite, who had voted for 50 years without a problem until 2012 --- alleged that the Act's Photo ID restrictions would deny or significantly impair the right to vote. That right, according to the Keystone State's constitution, is considered "fundamental."

Under judicially recognized Equal Protection standards, a law that impairs or abridges a "fundamental right" cannot survive a constitutional challenge unless the law is narrowly tailored to serve a "compelling state interest." That interest, we observed in our original article, cannot be found in what amounts to the "phantom menace" of in-person voter impersonation --- a point PA Republicans later conceded via a formal, in-court stipulation, entered near the outset of the case, in which they acknowledged they were "not aware of any incidents of in-person voter fraud in Pennsylvania and do not have direct personal knowledge of in-person voter fraud elsewhere."

While he included additional reasons for issuing the permanent injunction, Judge McGinley's lengthy decision [PDF] reveals that our original assessment of the case, and our prediction about its likely outcome, were spot on...

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

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UPDATED with 'recount' details and more...
By Brad Friedman on 1/10/2014 6:27pm PT  

Meanwhile, back in Virginia...here we go again...

Yes. As reported by the State Board of Elections website tonight, that's a 9-vote margin in the state Senate special election held on Tuesday to replace Democratic state Sen. Ralph Northam who is vacating his seat after being elected last November as VA's next Lt. Governor.

To put that another way, control of the entire VA state Senate now rests on 9 unverifiable touch-screen votes out of more than 20,000 cast.

The VA state Senate is currently evenly split between Democrats and Republicans, twenty seats each. The tie-breaking vote in the state Senate goes to the Lt. Governor. Until Northam is sworn in to his new job on Saturday, when he takes over from the current Republican Lt. Governor, the GOP controls both chambers of the state legislature. A Democratic Lt. Governor will, theoretically, for the first time since 1998, mean that control of the upper chamber goes back to Democrats. But that is only if both Northam's Senate seat and the one being vacated by Attorney General-elect Mark Herring both go to Democrats in the special elections...

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

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Judge finds Republican voter suppression front group adequately represented by the state...
By Ernest A. Canning on 12/16/2013 6:35am PT  

A federal District court judge has nixed a rightwing "voter fraud" group's Motion to Intervene on behalf of the state of Texas in the U.S. Dept. of Justice's lawsuit to block the Lone Star state's polling place Photo ID restriction law.

Last month, The BRAD BLOG reported on the DoJ's Opposition motion filed in response to the motion by the Republican "voter fraud" fraudsters who call themselves "True the Vote" (TTV). In its motion, TTV sought to become a party to the DoJ's federal legal challenge to SB-14, the state's polling place Photo ID restriction law which TX Attorney General Greg Abbott (R) instituted just hours after the U.S. Supreme Court demolished one of the central protections of the long-standing federal Voting Rights Act this past summer.

Last week, U.S. District Court Judge Nelva Gonzales Ramos tersely dismissed TTV's motion, issuing a two-page order [PDF] finding that the organization's "interests are generalized and are adequately represented by the State Defendants."

"The Court finds that True the Vote's intended contribution to this case may be accomplished without the necessity of, or burden incident to, making it a party," Ramos said.

The Judge's ruling was in line with the DoJ's own response to TTV's motion. They had argued that the group had not established a right to intervene because their motion detailed little more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative." Permissive intervention was inappropriate because, the DoJ argued at the time, since the group was adequately represented already by the State of Texas itself. Its participation in the case, the DoJ claimed, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote's numerous allegations of purported voter registration irregularities."

In our previous piece on the DoJ's response to True the Vote, we highlighted the group's extraordinary track record of deceptive voter suppression tactics and noted that it would be "absurd" that the hapless TTV should be ever be taken seriously by anybody, much less allowed to intervene in a critical federal lawsuit.

Although the court will still permit TTV to file amicus curiae (friend of the court) briefs, last week's ruling should serve to help expedite the proceedings without unnecessary diversionary tactics from this unreliable, deceptive Republican voter suppression front group.

Judge Ramos has set a September 2014 trial date in the case, which will come just two months before Abbott, defending the state as AG, will likely face his own election contest for Governor as the Texas Republican Party's currently-presumptive nominee. This past September, we detailed how the TX law at issue had already been found in violation of both federal law and the Constitution in previous cases that had come before the courts prior to the U.S. Supreme Court carving out the heart of the federal Voting Rights Act in late June of this year.

* * *
Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our TENTH YEAR! --- as available from no other media outlet in the nation...

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Former Dem opponent says State Assemblyman Jeff Gorell (R) was also tied to previous deceptive mailings...
By Ernest A. Canning on 12/6/2013 4:29pm PT  

The Ventura County Star reports that my CA Assemblyman Jeff Gorell (R-Thousand Oaks), and three other members of the California Republican Assembly Caucus abused their public mailing privileges by sending nearly 260,000 deceptive mailers to their constituents.

According to a former opponent of his that I spoke with, it wouldn't be the first time Gorell has been linked to deceptive mailers.

Instead of directing constituents who desire to take advantage of the state's Affordable Care Act health insurance exchange, the mailer "labeled as 'A California Resource Guide' to explain federal health care reform", points constituents to a fake website created by state Republicans. Rather than the official CoveredCA.com website, the new mailers direct the recipient to CoveringHealthCareCA.com, a bogus Republican site which, though attempting to appear to be the official CA health care exchange site, doesn't actually provide the ability to shop for or purchase policies.

"Though it launched in August," ABC News reports, "the site made waves this week after a number of GOP Assembly members sent out mailers to their constituents, highlighting the page as a 'resource guide' for information on the Affordable Care Act."

The deceptive, publicly funded mailers sent by the self-described "fiscal conservatives" cost CA taxpayers $77,496, according to the Star's public records request. The money, they report, came from the state Assembly's "taxpayer-funded operating budget."

Since the fraud was exposed, the LA Times reports, the GOP site has added some links to the official CA health care site. The original site, according to Karoli at Crooks and Liars who helped expose the scam, included "links to negative articles and twisted messages intended to sour people on signing up for health insurance before they ever land at the official health exchange site."

The effort comes on the heels of a what ABC describes as an "onslaught of fake insurance sites popping up in the state --- 10 of which were shut down by Calif. Atty. Gen. Kamala Harris in November --- since the implementation of Obamacare."

This is not the first occasion in which Gorell, an outspoken opponent of the Affordable Care Act, has been tied to deceptive constituent mailers. Last year, the chairman of a local Democratic Club asked me to speak on the subject of GOP voter suppression laws and e-voting issues. While there, I was approached by Democrat Eileen MacEnery, Gorell's unsuccessful 2012 Assembly opponent. She was still miffed by what she described as a deceptive Gorell mailer. In it, she told me, Gorell included his name and photo, alongside those of Democratic Sen. Diane Feinstein and Rep. Julia Brownley. MacEnery claimed the mailer falsely implied that the Democratic Party supported all three, even though Gorell is a dedicated member of the GOP.

Gorell was the only local Republican who retained a seat in my area after state redistricting converted what had been a Republican-majority district into one where registered Democrats hold a slim majority. Last month, Gorell announced that he will challenge Brownley for her seat in the U.S. House of Representatives. Hopefully local voters will keep his deceptive record in mind when any of Gorell's mailings show up in their mailbox.

* * *
Ernest A. Canning has been an active member of the California state bar since 1977. Mr. Canning has received both undergraduate and graduate degrees in political science as well as a juris doctor. He is also a Vietnam vet (4th Infantry, Central Highlands 1968). Follow him on Twitter: @Cann4ing.

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By Brad Friedman on 12/4/2013 7:17pm PT  

After many months of chatting back and forth via email, we were both finally able to work out our schedules so that I could talk with Dr. Michael E. Mann live on air today on the KPFK/Pacifica Radio BradCast!

Mann, for those who don't know, is the creator of the famous (or infamous, depending on whether you're sponsored and/or duped by the fossil fuel industry or not), "Hockey Stick Graph", which is likely the most controversial graph in history and certainly among the most consequential, as he agreed during our conversation today.

The "Hockey Stick Graph", showing stable and even declining temperatures in the Northern Hemisphere over the past thousand years, until they suddenly spike upwards over the last hundred (similar in shape to a hockey stick), thrust the physicist and climatologist Mann into a world of global warming and climate change controversy that he told me he could never have imagined. Following its publication over the past decade, while the recipient of many awards and honors, he has also received death threats, had his professional emails stolen (in the pretend "ClimateGate" scandal), and has been the focus of an unprecedented smear campaign by science denialists, including attacks by sitting U.S. Congressmen and (unsuccessful) subpoenas of his private documents and email by woeful Rightwing denialists and tools like (the happily outgoing) Virginia Attorney General Ken Cuccinelli.

Environmental activist and author Bill McKibben, who describes Mann as "a hero", has correctly noted that "very few people have sounded more important alarms about our climate future, and very few people have paid a higher price for doing so."

Mann's latest book, The Hockey Stick and the Climate Wars: Dispatches from the Front Lines, now in paperback with a new foreword by Bill Nye "The Science Guy", tells the whole story and much more. (Tell Big Fossil Fuel to go to hell by buying a copy!)

My conversation with Mann today ranged from all of that, to the parallel denier tactics employed by both Big Tobacco and Big Fossil Fuel, to whether or not scientists should enter the political realm, to why it is that so many TV weathermen seem to be denialists (though the vast majority actually aren't.)

In the back end of the show, I covered the new uprising by Florida election officials against FL Sec. of State Ken Detzner, new Pope news(!) and much more. Enjoy the show!...

Download MP3 or listen online below [appx 58 mins]...

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Gov. Rick Scott and SoS Ken Detzner under fire yet again
'Not worth the paper it's printed on,' one of the defiant officials tells The BRAD BLOG...
By Brad Friedman on 12/4/2013 6:35am PT  

At this point, the slogan for Republican Secretaries of State around the country seems to be: "If it ain't broke, break it!"

That's certainly the case in Florida, where Sec. of State Ken Detzner --- fresh off his and Governor Rick Scott's embarrassing and failed 2012 purge of supposed "non-citizen voters" from the rolls (with another more recent attempt underway since then) --- is at it again. And this time, Detzner seems to be facing a full-blown uprising from county Supervisors of Elections (SOE) refusing to carry out a new directive which would make it more difficult for absentee voters to cast their ballot.

The elected SOEs are claiming that the new directive by Detzner, an appointee of Gov. Rick Scott (R), was neither asked for nor necessary under state law. They Supervisors have also denied Detzner's initial claim that the directive was issued in response to requests by two SOEs.

Last week, Detzner issued a directive [PDF] to county SOEs instructing them that they may no longer allow voters to use secured remote absentee ballot drop-off stations created at locations like public libraries and tax-collectors offices. Suddenly, according to Detzner's new rules, all absentee ballots must either be mailed in, or dropped off at county election offices.

The directive was issued just prior to an upcoming special election to replace the late, long-serving Republican Congressman Bill Young in the 13th Congressional District, and it has led to both suspicion for its motives, and somewhat of a bi-partisan mutiny from election officials, leading one well-known Florida SOE to respond tersely to The BRAD BLOG's request for comment last week this way: "I do have a comment, legally it's not worth the paper it's printed on"...

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

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By Ernest A. Canning on 11/14/2013 8:35am PT  

[This article now cross-published by The Progressive...]

The U.S. Department of Justice has filed a vigorous Opposition [PDF] to a Motion to Intervene [PDF] filed by the Republican "voter fraud" group calling itself "True the Vote." In its motion, True the Vote seeks to become a party to the DoJ's federal legal challenge to Texas's polling place Photo ID restriction law, SB-14.

The DoJ's opposition is rather straightforward. The right wing-funded True the Vote, they argue, has not established that it is entitled to intervene because it sets forth nothing more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative."

Anyone familiar with this organization and its history, should appreciate how absurd it is that they should be taken seriously at any time, much less allowed to intervene in a critical lawsuit filed in federal court.

Permissive intervention is inappropriate, according to the DoJ, because True the Vote has failed to establish that its interests would not be adequately represented by the State of Texas. Indeed, its participation in the case, DoJ says, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote’s numerous allegations of purported voter registration irregularities."

The DoJ notes that, for identical reasons, True the Vote, whose 2011 list of "Recommendations for Legislation" [PDF] was topped by the desire to enact the polling place Photo ID law at issue, was excluded from participating in the Department's legal challenge to last year's ill-fated effort by Florida's Gov. Rick Scott (R) to purge "potential non-citizens" from the Sunshine State's eligible voter rolls.

True the Vote's deceptive tactics should come as no surprise to long time readers of The BRAD BLOG. The group is essentially the latest pretend "election integrity" arm of the Koch brothers-funded, Paul Weyrich co-founded, American Legislative Exchange Council (ALEC)-fueled GOP effort to enact voter suppression laws across the country.

The nature of their hostile, anti-voter tactics, according to the Houston NAACP, included an alleged attack upon its "volunteer poll monitors for handing out water to voters at Early Vote locations and for assisting Disabled and Elderly voters by standing in line for them or asking younger people in line to let the elderly and disabled go ahead of them in the line to vote."

The group's label, 'True the Vote', is nothing short of Orwellian. As detailed by The BRAD BLOG last year (and by others this year) truth and True the Vote remain perfect strangers...

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

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Scheme LITERALLY creates two different classes of voters
UPDATED: Arizona Attorney General announces identical plan...
By Brad Friedman on 10/8/2013 6:35am PT  

[This is article has now been cross-published by Salon...]

The man who wrote Arizona's "Papers Please" law before running for Kansas Secretary of State in 2010 on the premise of stamping out "voter fraud" there ... before winning and subsequently not being able to find much, if any of it, at all, is nonetheless still at work attempting to keep legitimate voters from being able to cast their vote under the premise that thousands of non-citizens are somehow, secretly, illegally voting in the state of Kansas.

"In Kansas, the illegal registration of alien voters has become pervasive," Kris Kobach's personal website still reads today. He just can't seem to find any.

Despite that annoying little truth, he now has a new plan to try and keep those "alien voters" from voting, even if it involves keeping 17,500 or more perfectly legal U.S. citizen residents of Kansas from voting as well...

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

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Also seeks to require preclearance for new election-related laws in the Tar Heel State, given its history of racial discrimination...
By Brad Friedman on 9/30/2013 5:03pm PT  

The U.S. Justice Department announced today that it will be filing suit to block the central provisions of North Carolina's new, draconian restrictions on voting.

The DoJ will also ask the federal courts to require preclearance for new election-related laws in the state.

The Tar Heel State's massive new, controversial restrictions on voting were passed by Republicans this Summer just after the U.S. Supreme Court gutted the heart of the Voting Rights Act in June. We've previously described the new measure as the nation's worst voter suppression law since the Jim Crow era.

The DoJ lawsuit is the latest element of U.S. Attorney General Eric Holder's vow this summer to use "every tool" at the DoJ's disposal to fight for voting rights after SCOTUS dismantled a key provision of the VRA that required jurisdictions with a long history of racial discrimination in election laws, such as North Carolina, to seek federal approval, or "preclearance" before new election related laws could be enforced.

The suit follows similar action by the DoJ in Texas, where new polling place Photo ID restrictions and Congressional redistricting --- both previously found by the DoJ and federal courts to be purposefully discriminatory in the Lone Star State --- are also being challenged as violations of the VRA and the U.S. Constitution. The federal suit in NC is the latest of several complaints filed against the state's massive new voting restrictions, all of them alleging, with no small amount of evidence in support, that the law is a racially motivated attempt to suppress minorities and other Democratic-leaning voters.

From the DoJ announcement today:

The United States' complaint contends that at least four provisions of [North Carolina's] House Bill 589 were adopted with the purpose, and will have the result, of denying or abridging the right to vote on account of race, color, or membership in a language minority group. The complaint asks the court to prohibit North Carolina from enforcing these requirements, and also requests that the court order bail-in relief under Section 3(c) of the Voting Rights Act. If granted, this would subject North Carolina to a new preclearance requirement.

Note the important point in the above alleging that the NC law is not only discriminatory, it is also purposely so. That argument will be key to the DoJ's case that the new law is in violation of Section 2 of the Voting Rights Act, as well as its argument that the state should be "bailed in" to require preclearance, as per Section 3(c) of the Act...

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

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By Ernest A. Canning on 9/30/2013 2:11pm PT  

As the latest round(s) of GOP hostage taking play out in Congress, it's worth stepping back a moment to take note of what is at the heart of their ploy-slash-temper tantrum-slash-effort to undermine the very essence of American democracy.

It's also worth taking note of the fact that it's unlikely, ultimately, to work and, if we can take any lessons from what has happened here in California, is very likely to redound, big time, against the Republicans and their "contempt for the democratic process," as Sen. Bernie Sanders (I-VT) described it Friday, now on display in the nation's capitol.

"This whole debate over Obamacare is just a small part of what this right wing agenda is all about," Sanders observed during an appearance on MSNBC, as he described the twin threats of a government shutdown and defaulting on our financial obligations in the debt ceiling fight a few weeks from now, as but a part of "a right wing extremist agenda funded by people like the Koch brothers…who put hundreds of millions of dollars into the 'Tea Party.'"

Sanders' observation is vital to a comprehensive understanding as to why the very survival of our representative form of democracy may hinge upon a refusal to cave into a tactic that the Senator describes as "blackmail". Indeed, the New York Times describes the latest GOP tactics as the equivalent of a "ransom note" filled with "extortionist demands". President Obama, who once made the mistake of negotiating with Republicans on such terms, now aptly described the GOP threats, in a speech to The Business Roundtable, as a form of extortion.

Sanders noted that it's as if the Republicans now say: "Elections don't matter! We can shut down the government at any time to get our way!"

And, he's right. That's the plan. But it's not likely to get them what they want. More encouragingly, it's very likely to backfire on them completely...

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Offer new opportunity for AG Holder to make good on promise to use 'every tool' at his disposal to fight discriminatory voting laws...
UPDATE: DoJ filed suit today, seeking to block TX Photo ID Law...
By Ernest A. Canning on 8/22/2013 12:54pm PT  

Last week, civil rights groups filed two lawsuits in a North Carolina U.S. District Court, seeking to block what Brad Friedman aptly described as "the most extreme anti-voter bill passed by any state since the Jim Crow Era."

The Tar Heel State has a sordid history of official discrimination, a history that includes 30 successful challenges to discriminatory voting laws under Section 2 of the Voting Rights Act (VRA) over the past 30 years. Until the recent Republican takeover of the state, NC had become somewhat more progressive in the area of election law, even allowing for same day registration and voting which is lacking in even most of the more progressive states in the union.

Then, everything changed. Republican Gov. Pat McCrory signed a sweeping new election "reform" bill. The breadth the new law is unprecedented. It targets "nearly every aspect of the voting process," according to one of the new lawsuits. Both complaints allege that the newly minted Voter Information Verification Act ("VIVA" aka HB 589) reflects nothing less than a deliberate, racially-motivated attempt to deprive African-Americans of their constitutionally guaranteed right to vote.

The two federal lawsuits are NAACP v. McCrory [PDF] and League of Women Voters v. North Carolina [PDF].

The League also filed a separate legal challenge in state court, Currie v. North Carolina [PDF]. The state case alleges that VIVA’s polling place Photo ID restrictions violate the NC Constitution, which treats voting as a "fundamental right." (A legal analysis of the state challenge will be covered in a subsequent article).

Earlier this Summer, when the U.S. Supreme Court carved out the very heart of the federal Voting Right Act with their 5 to 4 Shelby County v. Holder decision, they acknowledged that their ruling "in no way affects the permanent nationwide ban on racial discrimination." The controversial decision rejected the formula established by Congress in the VRA's Section 4, used to identify jurisdictions to be covered by the Act's Section 5 requirement for those covered jurisdictions to receive preclearance from the DoJ or a U.S. District Court before enacting any new election-related laws. The SCOTUS decision did not, however, eliminate the right of individuals, civil rights organizations, or the DoJ to file lawsuits seeking to block discriminatory laws under the VRA's Section 2, which bars discrimination in all 50 states.

Therefore, the new federal lawsuits filed in NC do not, and need not, challenge the Shelby County decision. Their factual allegations, however, suggest that Chief Justice John Roberts was in grave error when asserting, on behalf of the Court's right-wing majority, that "the conditions that originally justified [Section 5 preclearance] no longer characterize voting in covered jurisdictions"...

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Files papers seeking requirement of federal preclearance for voting laws in TX, promises similarly aggressive action elsewhere...
By Ernest A. Canning on 7/29/2013 1:47pm PT  

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

I have already directed the Department’s Civil Rights Division to shift resources to the enforcement of a number of federal voting laws not affected by the Supreme Court’s decision --- including the remaining provisions of the Voting Rights Act [VRA], prohibiting voting discrimination based on race, color, or language.

And today I am announcing that the Justice Department will ask a federal court in Texas to subject the State of Texas to a preclearance regime similar to the one required by Section 5 of the Voting Rights Act...based on the evidence of intentional racial discrimination that was presented last year in the redistricting case, Texas v. Holder – as well as the history of pervasive voting-related discrimination against racial minorities that the Supreme Court itself has recognized – we believe that the State of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices.

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

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