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Latest Featured Reports | Sunday, October 26, 2014
Touch-Screens Flip 'No' to 'Yes' on TN Abortion Measure
After the state GOP repealed the law to move to paper ballots, votes now reportedly flipping again on a controversial Amendment to the state Constitution...
More Trouble With Touch-Screens (2014 Edition)
Votes Flip D to R in Texas, R to D in Illinois - What's happening (again), what it means (again), and what you can do about it (please?)...
Christie: GOP Governors Needs to Control 'Voting Mechanisms' in 2016
NJ Governor and 2016 Presidential hopeful offers interesting reason why Republicans in three key states need to win in 2014...
Justice Ginsburg Republishes TX Photo ID Law Dissent After BRAD BLOG Cites Error
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Sentencing of South Africa's Oscar Pistorius offers stark reminder of concepts that seem to have gone missing from the justice system in the U.S...
'Green News Report' 10/21/14
  w/ Brad & Desi
GOP candidates still dodging climate Qs; Mountaintop removal coal mining promotes lung cancer; 2014 on track as hottest year on record; PLUS: LEGO breaks up with Shell Oil...
Previous GNRs: 10/14/14 - 10/16/14 - Archives...
Everything Old is Texas Again
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Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
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SCOTUS ALLOWS TEXAS' DISCRIMINATORY GOP PHOTO ID LAW TO USED IN MIDTERMS
Despite uncontested findings striking down the law as a racially-motivated, 'unconstitutional poll tax', it will be implemented this year...
'Dead Heat' and 'Dirty Tricks': The Nightmare Scenario
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GOP Photo ID law, which lower court found intentionally discriminatory, is different from recent cases before High Court, say plaintiffs...
'Green News Report' 10/16/14
Ryan backs away (sort of) from climate change denial; NatGas isn't a bridge to lower-emissions; PLUS: Did Lockheed-Martin really invent a compact nuclear fusion reactor?...
Bloomberg on BRAD BLOG on Judge Richard Posner on Photo ID Voting Laws...
'By the sounds of it, the floor that supported voter-ID laws has just given way'...
'BradCast': WI, TX, AR Photo ID Rulings
Trouble keeping up with the on-again/off-again court rulings on GOP voter suppression laws? Brad tries to make sense of it all for ya...
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 law's unconstitutionality, judges cite SCOTUS rule on last minute voting changes...
'Green News Report' 10/14/14
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...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
Reagan-appointed Richard Posner pens best case ever against Photo ID voting restrictions...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
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Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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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
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...

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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
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
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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
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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
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...


OH Sec. of State Husted quickly becoming more Blackwell than Brunner...
By Brad Friedman on 8/28/2012 6:35am PT  

Otherwise valid provisional ballots cast at the wrong precincts in Ohio, through no fault of the voters, must be counted, according to a ruling issued by a federal judge on Monday.

The decision, which otherwise seems like common sense, comes in the wake of tens of thousands of provisional ballots going uncounted after the 2008 Presidential election thanks to a provision in Ohio law which discards such ballots, even in the case where a poll worker has improperly instructed a voter to cast his or her ballot in the wrong place.

The ruling is a defeat for Ohio's Republican Sec. of State who, after working towards inclusiveness and voting rights earlier in his tenure, seems to have taken a hard right turn in many of his decisions of late, as the Presidential Election nears.

As we noted last month, an investigative report by the Cincinnati Enquirer's Barry M. Horstman found that some 40,000 provisional ballots cast in the 2008 general election were never tallied, even though many of them were cast in the right polling place, but at the wrong "precinct" table, as precincts have been combined into the same building over the years in the Buckeye State.

A voter might line up to vote at the wrong table/precinct, for example, only to be told they weren't found on that precinct's voter rolls and, rather than be directed by the poll worker to the correct "precinct", instructed to cast a provisional ballot at that table instead. That vote, before Monday's ruling, under existing Ohio law, would go uncounted. Many of those provisional ballots were cast in predominantly Democratic-leaning counties.

The Enquirer warned in their report last month that "tens of thousands of ballots are likely to be disqualified" once again in the key swing-state, during the 2012 Presidential election unless the provision was changed, as recommended by state election officials after the 2008 election.

On Monday, U.S. District Judge Algenon L. Marbley, citing Bush v. Gore of all things, ruled against Ohio Sec. of State Jon Husted (R), whose spokesman responded: "We respectfully disagree with the judge's ruling and will likely appeal."

Marbley found that Husted's belief that such ballots should not be counted "belies a fundamentally misguided view that the state need not protect the right to vote of individuals who, for any number of reasons, are required to cast a provisional ballot"...

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

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Epidemic of high-profile Republican fraud continues to continue...
By Brad Friedman on 8/24/2012 3:24pm PT  

Another day, another allegation of voter fraud by Republicans. This one, courtesy of WKOW's 27 News in Madison, Wisconsin...

The wife of a prominent state lawmaker cast a vote in Wisconsin’s April presidential primary election, even though she was a resident of Idaho at the time.

Wisconsin Government Accountability Board records show Samantha Vos voted in the state’s April 3 election. Vos is the wife of Rep. Robin Vos (R-Rochester), the co-chair of the state’s powerful joint finance committee.

But records from Canyon County, Idaho show Samantha Vos swore under oath April 19 she was a resident of that state since early March. Vos’ declaration came as she filed for legal separation from her husband.

Wisconsin law requires twenty eight days of continuous residency prior to voting.
...
Records show Vos also voted in the June 5 gubernatorial recall election and the primary election earlier this month, as her legal action in Idaho continued.

Yes, it looks like, once again --- no matter what the professional GOP "voter fraud" fraudsters and clowns like John Fund, Hans von Spakovsky and Matthew Vadum claim --- if there is an epidemic of "voter fraud" in this country, it seems that its not Democrats, but Republicans, and often very very high-profle Republicans at that, who are carrying it out.

But wait! There is still more absurdity and/or irony and/or hypocrisy in this case...

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

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By Brad Friedman on 8/22/2012 7:45am PT  

I actually feel sorry for Pat Kerby, the Republican delegate to the Republican National Convention from Nevada who attempted to add an amendment calling for paper ballots --- so nobody would have to trust in the "voter machine fairy" --- at the RNC's Platform Committee on Tuesday.

The poor fellow seemed to want the right thing, but by the time other members of the Committee amended the amendment, several times over, the original was completely gutted in favor of electronic computer tallies with no actual way to verify the accuracy of those tallies.

It seems the good-natured Kerby never knew what hit him, as he generously supported each change to his amendment, deferring to others who appeared to know more about voting, like fellow committee member Kansas Sec. of State Kris Kobach (responsible for the state's polling place Photo ID restrictions to help curb non-existent polling place voter fraud in Kansas, as well as serving as the author of Arizona's infamous anti-immigrant "Papers Please" law, most of which was found unconstitutional by the U.S. Supreme Court recently.)

It was a good idea, but Kerby wasn't clear on the exact language he needed to use and that opened up the door for others on the committee --- who have more confidence in unverifiable electronic voting machines than in paper ballots --- to completely gut the original amendment, compared to the one originally introduced during the proceedings.

Kerby's initial amendment read as follows:

We recognize that paper ballots are the best way to insure [sic] a fair election. "Let ambition counter ambition," as Madison said. When all parties have representatives observing the counting of ballots in a transparent process, integrity is assured. We strongly suggest that all electronic voting systems have a printed paper ballot so that preliminary electronic results can be verified by a hard count of paper ballots.

While (most) electronic voting systems don't print "paper ballots" in general --- they print so-called "Voter-Verifiable Paper Audit Trails" (VVPATs) which may or may not reflect the actual intent of the voter, may or may not be verified by the voter as accurate, and are not actually counted by anyone, in any case (the internally recorded electronic results are used instead) --- it seems as if Kerby had the right idea, in general. At least as he offered a perfect description of his reasons for wanting to add include the amendment in the party's platform...

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

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Otherwise excellent investigative news project still forwards several unsubstantiated 'voter fraud' myths...
By Brad Friedman on 8/21/2012 11:20am PT  

As with their excellent analysis and database last week finding just ten (10), total, cases of in-person voter fraud in all 50 states since 2000 which might have been deterred by polling place Photo ID restrictions, News 21 --- an investigative reporting project of the Carnegie Corporation and Knight Foundation, based at the Walter Cronkite School of Journalism --- has published yet another report today that will come as little surprise to long time readers of The BRAD BLOG.

Still, it's helpful to see such reports published at outlets like NBCNews.com which is serving as a partner in the project, since, apparently, it's not enough for us to offer nearly a decade of independently verifiable reports blowing the same whistle on the same scams.

Today's new report focuses on the Rightwing/corporatist American Legislative Exchange Council (ALEC)'s role in promoting disenfranchising polling place Photo ID restriction laws, as proposed by Republican legislators in dozens of states over the past two years...

Lawmakers proposed 62 photo ID bills in 37 states in the 2011 and 2012 sessions, with multiple bills introduced in some states. Ten states have passed strict photo ID laws since 2008, though several may not be in effect in November because of legal challenges.

A News21 analysis found that more than half of the 62 bills were sponsored by members or conference attendees of the American Legislative Exchange Council (ALEC), a Washington, D.C., tax-exempt organization.

ALEC has nearly 2,000 state legislator members who pay $100 in dues every two years. Most of ALEC’s money comes from nonprofits and corporations — from AT&T to Bank of America to Chevron to eBay — which pay thousands of dollars in dues each year.
...
ALEC members drafted a voter ID bill in 2009, a year when the 501(c)(3) tax-exempt organization had $5.3 million in undisclosed corporate and nonprofit contributions, according to Internal Revenue Service documents.

While Ethan Magoc's News21 report mentions ALEC founder (and "conservative movement" demi-god) Paul Weyrich, this :40 second clip of Weyrich --- which we refer to as The Rosetta Stone of the Modern-Day Republican Voter Suppression Movement --- supplies the full context for ALEC's push to disenfranchise largely Democratic-leaning voters through the polling place Photo ID restriction legislation that its members have been introducing in state after state over the past two years...

Go read News21's report in full, though we'd like to offer just one or two minor quibbles to it...

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

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By Brad Friedman on 8/20/2012 12:35pm PT  

Longtime readers of The BRAD BLOG know, by now, that disenfranchising polling place Photo ID restrictions have nothing to do with stopping voter fraud, and everything to do with stopping legal, Democratic-leaning voters from casting their legal vote.

They also know that while Republicans have long pretended there is massive Democratic voter fraud occurring, what they don't want you to know is how many Republicans --- very high-level Republicans, in fact --- are actually committing real fraud (both election fraud and voter fraud), as we summarized once again last week after four GOP U.S. House staffers of Rep. Thad McCotter (R-MI) were charged with 36 criminal felony and misdemeanor election fraud-related charges for allegedly turning in fake signatures and petitions in a failed scheme to get McCotter on the ballot this year.

And what do we learn just days later? Another Republican appears to be involved in another massive election scheme --- this time, to fraudulently defeat a fellow Republican. And, as is almost always the case, no polling place Photo ID restrictions in the world would have deterred the allegedly fraudulent absentee ballot scheme (which is said to have included illegally changing Democratic registrations into Republican ones, among other appalling crimes)...

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

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Similarly failed systems set for use in all 50 states this November...
By Ernest A. Canning on 8/17/2012 11:33am PT  

By Ernest A. Canning and Brad Friedman

We now have yet another ominous sign of trouble that may be on the horizon for this November's election. As if we needed yet another sign. And, once again, the concerns come via failures on paper ballot-based optical-scan computer tally systems.

Election officials in Genessee County, Michigan have acknowledged failures by the county's M-100 model optical-scan system, made by Election Systems and Software, Inc. (ES&S), during its Aug. 7 primary.

According to the county's Supervisor of Elections and Vital Records, Doreen D. Fulcher, the system experienced paper jams that resulted in ballots being fed through the system more than once. Fulcher, who also noted that there were a "number of ballots cast" that "didn't initially match poll book numbers," downplayed the scope of the problem. Flint's MLive, however, reported that the County Board of Canvassers were "still unraveling" the problem ten days after the election.

It is not the first time the M-100, set to be used in 32 different states again this November, has caused headaches for election officials and voters. The systems have a documented record of failing to count the same ballots the same way twice during pre-election testing. Nor is it the only optical-scan system made by ES&S, the largest e-voting vendor in the nation, that has failed time and again during elections.

As The BRAD BLOG previously reported, ballots obtained by the New York Daily News through a public records request revealed that ES&S op-scan systems used in a South Bronx precinct in 2010 failed to count some 70% of the paper ballots correctly in that year's primary election. In November's general election that year, some 54% of the ballots were mistallied at the same precinct.

The South Bronx used the newer ES&S model DS200, which the company confirmed could overheat, causing anywhere from 30% to 70% of the votes scanned by the machines to be erroneously discarded or erroneously counted. Thus, in the case of New York, that meant that tens of thousands of perfectly valid votes went uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid.

The confirmation of the New York failure came almost two years after the election, once the newspaper was finally able to review the paper ballots by hand, under public records laws.

While Genessee County used the earlier ES&S Model M100, as we previously reported, the unreliability of opaque optical-scan computer tallying systems are, by no means, confined to the DS200 or, for that matter, to ES&S systems. Similar systems will once again be used across the entire country this November, to tally the Presidential election and all the races below it...either accurately or not...

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

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Exhaustive analysis finds fraud that might be deterred by polling place Photo ID restrictions 'virtually non-existent'...
By Brad Friedman on 8/15/2012 10:04pm PT  

Of course, we've been spending the better part of the last ten years making the exact same case, so none of this should come as a surprise to long-time readers of The BRAD BLOG. But now a major new nationwide analysis by News21 of all known cases of election fraud in the U.S. since 2000 underscores our years of accurate and detailed reporting once again...

A new nationwide analysis of 2,068 alleged election-fraud cases since 2000 shows that while fraud has occurred, the rate is infinitesimal, and in-person voter impersonation on Election Day, which prompted 37 state legislatures to enact or consider tough voter ID laws, is virtually non-existent.

In an exhaustive public records search, reporters from the investigative reporting project "News21" sent thousands of requests to elections officers in all 50 states, asking for every case of fraudulent activity including registration fraud, absentee ballot fraud, vote buying, false election counts, campaign fraud, casting an ineligible vote, voting twice, voter impersonation fraud and intimidation.

Analysis of the resulting comprehensive News21 election fraud database turned up 10 cases of voter impersonation. With 146 million registered voters in the United States during that time, those 10 cases represent one out of about every 15 million prospective voters.

10 cases. 10 cases of in-person voter impersonation that might have been deterred by polling place Photo ID restrictions out of hundreds of millions of votes cast in all 50 states since 2000 --- restrictions which, according to study after study, could keep as many as 21 million perfectly legal eligible voters from being able to cast their legal vote.

But, again, the Republicans who have been enacting these laws are doing it for exactly that reason: to keep those who are most likely to lack the type of state-issued Photo ID required to vote under these new restrictions --- the elderly, minorities, the poor and students (read: Democratic-leaning voters) --- from being able to cast their legal vote.

For those in the corporate mainstream media still unaware of what this is called (this includes you, NPR), it's called Voter Suppression.

And this exhaustive new study, once again, makes that case crystal clear...

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

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Plaintiffs vow to appeal ruling by Republican judge as 1.6 million legal votes said to be imperiled by new law this November...
UPDATED: Plaintiffs filed formal notice of appeal...
By Brad Friedman on 8/15/2012 12:02pm PT  

A state court has upheld the state constitutionality of the new Republican-enacted polling place Photo ID restriction law in Pennsylvania which critics say may imperil the votes of more than a million legally registered voters in the Keystone State this November.

In his 70-page ruling [PDF] issued today, Commonwealth Court Judge Robert Simpson acknowledged that the plaintiffs, represented by the ACLU and other civil rights organizations, "did an excellent job of 'putting a face' to those burdened by the voter ID requirement," but failed to demonstrate "facial unconstitutionality". The judge did not rule on the merits of the case, but on whether or not it could be enjoined by the court.

That, despite the fact that:

  • The Pennsylvania state Constitution guarantees that "Every citizen 21 years of age [lowered to 18 years of age by the twenty-sixth amendment to the U.S. Constitution]...shall be entitled to vote at all elections," subject to certain restrictions by the General Assembly as to who may register to vote.
  • Independent studies have determined that some 1.6 million otherwise eligible voters in PA, including nearly a million in Democratic-leaning Philadelphia alone, may lack an unexpired state-issued driver's license by this November's Presidential election, which is just 83 days away.
  • The state admitted, before the trial even began, that they were unaware of any "investigations or prosecutions of in-person voter fraud in Pennsylvania"; that they "are 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"; and that the state would offer no evidence at the trial "that in person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."
  • The Republican Secretary of the Commonwealth, charged with implementing the law, admitted on the stand that she does not "know what the law says."
  • The Republican Governor who signed the bill, and lied about "voter fraud" in the state, does not even know what type of ID would now be eligible for voting under the new restrictions.
  • The Republican House Majority Leader admitted that the bill, passed in the state legislature without a single Democratic vote, was meant to "allow Governor Romney to win the state of Pennsylvania" this year.
  • During the trial, as described by plaintiffs, "[S]tate officials admitted they underestimated the number of registered voters without acceptable photo ID, admitted the law will disenfranchise voters, admitted the law will hold different voters to different standards, admitted voters casting an absentee ballot will be able to vote without ID."

Given all of the above, following the close of the trial, the plaintiffs had predicted a "slam dunk" ruling in their favor. We had also predicted that the law was likely to "go down in flames."

We're still reviewing the opinion of Judge Simpson, who is a Republican, and will have a more detailed analysis of the specifics of his ruling in the coming days.

Plaintiffs have already vowed to appeal the case to the state Supreme Court, where four votes will be needed to overturn the Commonwealth Court's ruling. Currently, there is a 3-3 Republican/Democratic split on the high court, as the 7th jurist, a Republican, has stepped aside for the moment pending a corruption investigation. If the state Supreme Court splits on the verdict, Simpson's ruling would hold. Though, depending on how the state Supremes decide, and if federal rulings are a part of whatever decision they may make, it is possible the plaintiffs could later take the case to the U.S. Supreme Court in the event that the state Supreme Court fails to overturn the lower court's verdict.

Separately, the U.S. Dept. of Justice has opened it's own investigation of the law to determine whether or not it may be in violation of the Voting Rights Act of 1965 and/or the U.S. Constitution's Equal Protection clause. They may decide to file their own federal case to block the law in the weeks ahead.

UPDATE 8/18/12: On Aug. 16 plaintiffs filed a formal notice of appeal. Once the opening brief is available, The BRAD BLOG will furnish a detailed analysis of that appeal in the context of the rationale applied by Simpson, along with an assessment of the alternative litigation which the U.S. Department of Justice could potentially file in U.S. District Court.

UPDATE 9/4/12: The plaintiffs have now filed their appeal to the PA Supreme Court. Our legal analyst Ernest Canning details their appeal and some of the absurdities they point out in the original ruling by the Commonwealth Court judge right here...

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State and local officials confirm the public records have been moved to off-site storage, though they remain in the custody of County Clerk Kathy Nickolaus...
By Brad Friedman on 8/13/2012 9:26pm PT  

The ballots cast in Waukesha County during the June 5th Gubernatorial recall in Wisconsin appear to be safe from destruction at the hands of one of the nation's most notorious election officials.

For now.

In our exclusive exposé earlier today, we detailed the threat made by the infamous Waukesha County Clerk Kathy Nickolaus to "destroy" the county's ballots from the historic recall election between Gov. Scott Walker and Milwaukee Mayor Tom Barrett, as early as noon today, in apparent contravention of state law. The threat to destroy the ballots was made even as they (and the rest of the ballots cast in the election across the state) are still subjects of public records requests by a number of citizen groups attempting to verify the otherwise completely unverified results of the race by examining the ballots by hand for the first time.

Nickolaus had denied the request by the largest group attempting to oversee the results of the election, and informed the requesters (see our previous article for her full responses): "Unless I receive a court order by noon on Monday, August 13, 2012 directing otherwise, I will proceed to retain or destroy the election materials from the June 5, 2012 Recall election according to state statute and GAB guidelines."

Her arbitrary deadline, the citizen auditors charge is in contravention of state public records statutes requiring 60 days after a request has been denied, before action can be taken. The BRAD BLOG has been able to confirm the legal 60 day requirement with several state officials today. Nickolaus' July 17th denial to grant the requesters access to the ballots means that, by law, she is barred from destroying the public records until at least September 15th.

After our story was published this morning, folks in WI seem to have sprung into action, leading the County District Attorney, the Waukesha County Corporation Counsel (who serves as Nickolaus' attorney) and the state's Government Accountability Board (G.A.B.) to respond with confirmation that the ballots in question will not be destroyed at this time, and were, instead, being moved from the Clerk's office, where they have been since the election, to off-site storage as of this afternoon.

"It would not be proper to destroy such materials at this time," County D.A. Brad Schimel confirmed to The BRAD BLOG late this afternoon, noting that "no records would be destroyed today, nor would they be destroyed until at least 60 days after the denial of the public records request"...

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

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Bi-partisan citizen effort to oversee completely unverified June 5th results 'illegally' blocked by Kathy Nickolaus...
By Brad Friedman on 8/13/2012 6:35am PT  

[LATE UPDATE:The recall ballots from Waukesha County have been saved from destruction, for now. Full details posted in our follow-up now here...]

One of the most notorious election officials in the nation may be mercifully retiring at the end of this year, but that hasn't stopped her from attempting to block citizens hoping to oversee the accuracy of their own elections in one of the most right-leaning counties in Wisconsin, following one of the most contentious elections of the year and certainly in state history.

Waukesha, WI County Clerk Kathy Nickolaus had, at one time, after the repeated controversies around her failed administration of several elections, promised to step aside and allow her deputy to administer the June 5th recall elections, only to reverse course weeks later. Now, clearly back in the saddle, she has notified an Election Integrity group which has organized hand-counts across the state, that she was preparing to "destroy" the paper ballots cast in the election before they can be hand-counted by the group, unless she receives a court order to do otherwise by noon today.

She had previously informed the group that she was denying them access to examine ballots on the basis that she found their request to be "overly burdensome" on her office. In her response she also added her personal opinion, for some reason, that she does not "believe the public records law should be utilized for the purpose of allowing citizens to conduct hand recounts of an election, especially one in which there was such a large quantity of votes cast."

Among reasons for concerns about the June 5th recall election results are recent failures by similar electronic tabulation systems, same-day Exit Poll results reported by all of the news networks indicating a much closer race in the contest between Gov. Scott Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, as well as discoveries that have been made by the group over the past several weeks during their examination of ballots and poll-tapes in several counties.

So far, according to group's organizer, they have been allowed to examine ballots in 10 other counties across the state, with another 15 counties already scheduled for examination in the coming weeks. In a number of those counties, the group has explained to The BRAD BLOG, hand-counted tallies "have differed, sometimes significantly, from the recorded numbers," tallied on Election Night by the computer tabulation systems.

But Nickolaus, as has been her practice during her controversial tenure, appears to be taking a different tack from many of her fellow County Clerks, by denying access to hand examinations of the ballots and, worse, she is now threatening to destroy them entirely, save for a court order and despite provisions in the state law requiring the retention of those public records for at least 60 days after the denial of the request.

Nickolaus' threat to destroy the paper ballots and other elections records, as sent to the organizers of Hand-Count Votes Now! (HCVN) coalition in a series of emails obtained by The BRAD BLOG, flies in the face of state statutes which apply to public records, according to contentions made in response to Nickolaus by the group and their legal advisers. HCVN has been working for several weeks, as have several other organizations, in their effort to count ballots by hand in each of the Badger State's 72 counties in an unprecedented statewide public records oversight project.

The effort, the groups charge, is necessary, given the lack of verification of Election Night computer tallies on systems which have reported incorrect "winners" in the past, as recently as March of this year, when the nearly-identical systems to those used in Waukesha named a number of losing candidates to be the "winners" in Palm Beach County, FL. In that case, it was only a partial post-election hand-count examination of paper ballots by the local Supervisor of Elections which revealed that the computers had gotten the results entirely wrong, leading to a complete hand-count and the results of several municipal elections being overturned as a result...

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

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MI prosecutors: 'Blatant', 'disgraceful' aides 'lost moral compass', were 'completely indifferent to requirements of law'
ALSO: 10+ recent cases of voter fraud by very high-profile GOPers...
By Brad Friedman on 8/10/2012 3:10pm PT  

Given disenfranchising polling place Photo ID restriction laws Republicans have enacted in nearly a dozen states over the past year, you'd think there was an epidemic of Democratic "voter fraud" in this nation. That's certainly the way the GOP has framed it, fooled the corporate mainstream media into reporting it, and even scammed the White House and Congressional Democrats into going along with it when they signed legislation that defunded ACORN, a four-decade old community organization never found to have committed voter fraud, or even helped to see a single fraudulent vote cast in any election anywhere.

As it turns out, not only is there no such epidemic of Democratic voter fraud, but the opposite is true. Over the past year, very high profile Republicans --- including this year's presumed standard bearer, Mitt Romney; the Sec. of State of Indiana (the first state to institute polling place Photo ID restrictions) Charlie White; one time GOP front-runner Newt Gingrich; MO's new GOP nominee for the U.S. Senate Todd Akin; and the group hired the Sacramento, CA Republican Party to collect voter registrations this year for Rep. Dan Lungren; among others (all detailed below) --- have each been revealed as having committed or participated in election fraud --- both voter registration fraud and actual voter fraud --- in state after state.

One might even call it "an epidemic". Or, if you prefer, "one of the greatest frauds in voter history, maybe destroying the fabric of democracy," as then GOP Presidential nominee John McCain described what Republicans pretended ACORN was doing back in 2008 (just before it was revealed he had previously been the group's keynote speaker where he told ACORN's members they were "what makes America special.")

So really, should we be surprised to learn that four aides to former long-shot GOP Presidential candidate and U.S. House Rep. Thaddeus McCotter --- Representative of the state's 11th and one of its most Republican districts --- were indicted yesterday on dozens of criminal felony and misdemeanor election fraud charges for having turned in over 1,500 forged and falsified signatures in a "blatant" and "disgraceful" attempt, as the state's Republican AG described it, to qualify the Congressman for this year's ballot?...

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

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By Brad Friedman on 8/9/2012 8:45pm PT  

The stories are coming in faster and furiouser as we get closer to the November Presidential Election, and as Republican Secretaries of State around the country scramble to exercise and/or abuse their power to game the system in favor of their party any way they legally-ish can do so.

(If anybody finds Democratic Secretaries of State doing same, please feel free to let us know.)

So here are a few quick (and by no means complete) news updates on voter suppression techniques being implemented by GOP Secretaries of State over the past few days in Michigan, Iowa and Ohio, as this election, less than 100 days away, now begins to enter it's even uglier phase...

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

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Federal case also waits in the wings...
By Brad Friedman on 8/6/2012 12:59pm PT  

It's looking good for voters this year in the state of Pennsylvania, if opponents of the state Republicans' new polling place Photo ID restrictions are correct in their predictions, in any case.

Last week, on the heels of the Secretary of the Commonwealth of Pennsylvania, Carole Aichele (the woman in charge of implementing the new law in the Keystone State), admitting, under oath on the witness stand, that she didn't even "know what the law says," we predicted the statute was likely to "go down in flames", thanks to the legal challenge brought against it by the ACLU and other civil liberties groups on behalf of 10 plaintiffs who will have trouble casting their once-legal vote this November if the law is allowed to stand.

Aichele's admission followed a remarkable stipulation by the Commonwealth, before the trial began, that, in fact, "There have been no investigations or prosecutions of in-person voter fraud in Pennsylvania"; that they "are 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"; and that the state would offer no evidence "that in person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."

Of course, the extraordinarily rare case of in-person impersonation at the polling place remains the only type of voter fraud that can possibly be deterred by such laws, even as data from the state reveals that the once-legal votes of some 1.6 million formerly eligible Pennsylvania voters could be imperiled if the law is allowed to stand. By way of comparison, President Obama was said to have won the state in 2008 by just over 600,000 votes.

We're not the only ones with the sense that the GOP's voter suppression law is likely to "go down in flames" in this trial, which had its closing arguments last week.

Penda D. Hair, co-director of the Advancement Project, one of the several civil rights groups who cooperated in bringing the complaint against the state, believes "this should be a slam dunk victory for plaintiffs which should result in a preliminary injunction."

Based on what actually happened at this trial --- and didn't --- she may have good reason for that prediction...

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

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By Brad Friedman on 8/3/2012 12:23pm PT  

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By Brad Friedman on 8/1/2012 10:27pm PT  

The great John Fugelsang (one of Twitter's best follows!) joined me in studio today on KPFK/Pacifica Radio's The BradCast.

We discussed any number of things political --- from his smash hit Sexy Liberal Comedy tour and album with progressive radio & Current TV's Stephanie Miller and Hal Sparks; to his "minor historical footnote in a very ugly, sad Presidential campaign" after asking the question of Mitt Romney's campaign director on CNN which elicited the infamous "Etch-a-Sketch" answer; to his big announcement this morning that he'll be launching his own nightly primetime show on Current TV beginning this fall; and much more to boot.

John's a pal, and one of the smartest guys in media. Period. Good hire, Al Gore! He was kind enough to stick around with us for the hour, as we were joined by Mark McCaffrey of the National Center for Science Education to discuss this week's bombshell: The Koch Brothers-funded(!) scientist and former climate change skeptic, Professor Richard Muller, coming out to confirm his recent findings that global warming is, in fact, "real" and that "humans are almost entirely the cause."

Plus, I enjoyed a bit of a rant on the newest news from the PA GOP's crumbling polling place Photo ID restriction scam, a visit from Green News Report's Desi Doyen, and an "apology" to the National Rifle Association after having called them the "terrorist-enabling NRA" during last week's BradCast...

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

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