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Latest Featured Reports | Friday, December 9, 2016
Evidence? What Evidence?: MI 'Recount' Stops; Appeals in MI, PA, WI: 'BradCast' 12/8/16
Systemic obstacles to citizen oversight of results continue to reveal 'outrageous', 'farcical' deficiencies in U.S. election processes...
'Green News Report' 12/8/16
  w/ Brad & Desi
Trump taps science denier, fossil fuel tool for EPA Chief; Record low global sea ice, record high temps; Weather Channel smacks back; PLUS: ND pipeline spills near Dakota Access...
Previous GNRs: 12/6/16 - 12/1/16 - Archives...
'Unrecountable':
'BradCast' 12/7/16
Ballots to remain uncounted in MI and Stein blocked in Philly. Guest: Election integrity, law expert Paul Lehto says this proves 'only option is to get it right on Election Night'. Also: Trump taps climate denier, fossil-fuel tool for EPA...
Failed Paper Ballot Scanners in Detroit Put MI 'Recount' at Risk: 'BradCast' 12/6/16
Plus: Team Trump ups efforts to shut down 'recounts'; New VT law undermines democracy; Paper v. Computer counts; Much more...
'Green News Report' 12/6/16
  w/ Brad & Desi
Victory (for now) against ND pipeline; Trump eyes Native lands; Exxon CEO for Sec. of State?; Extreme rainfall projected to increase; PLUS: Fukushima clean up costs double...
Previous GNRs: 12/1/16 - 11/29/16 - Archives...
'Corporate Media Lied. We
are Escalating Fight in PA': 'BradCast' 12/5/16
Exclusive intvw w/ Stein campaign chief, Green 2004 nominee David Cobb. Also: MI ordered to begin count, ND pipeline blocked (for now)!...
Sunday Toons, of Trolls and Recounts
A fantastic collection of the week's best toons -- on all matter of stuff -- from 'PDiddie'!...
'Recount' 2016 or 'Recount' 2000? Team Trump Files to Stop WI, MI, PA Counts: 'BradCast' 12/2/16
As PA margin plummets, Stein asks: 'Why is Trump afraid of these recounts?'...
Hand, Machine 'Recounts' Begin in WI, Trump Blocks MI Count: 'BradCast' 12/1/16
Also: Brain-addled Trump voters buy his 'voter fraud' lie, even as he hires an actual voter fraud criminal as a top WH NatSec adviser...
'Green News Report' 12/1/16
  w/ Brad & Desi
Deadly drought-fueled fires in TN; Canada approves tar sands pipelines; 100M dead trees in CA drought; Toxic algae blooms in West again; PLUS: WA scientists turn CO2 to stone...
Previous GNRs: 11/29/16 - 11/22/16 - Archives...
Countdown to 'Recounts': Stein Files in MI, More Barriers in WI: 'BradCast' 11/30/16
Computer scientists and voting systems expert plead for hand-counts; Fees increased; Callers ring in with questions...
Impossible 'Recount' Laws in PA; New Barriers in WI: 'BradCast' 11/29/16
VotePA's Marybeth Kuznik on insane 'recount' laws, 100% unverifiable vote systems in PA; Also: What good are paper ballots if nobody can afford to count them?...
'Green News Report' 11/29/16
Eviction for ND pipeline protesters; 3 oil refinery fires in 2 days; Drought emergency in Bolivia; Coral die-off in Great Barrier Reef; PLUS: Judge: Kids can sue over climate...
Overseeing Results in WI, MI, PA Before 'Recounts' Begin: 'BradCast' 11/28/16
Election fraud investigator Richard Hayes Phillips on concerns about reported turnout in WI and much more...
Sunday Leftover Turkey Toons
The nation's political cartoonists talk turkey (and more) in PDiddie's latest collection of the week's best toons...
Stein 'Recount' Effort Raises Millions: 'BradCast' 11/25/16
Guest host Angie Coiro on why the Presidential 'recount' battle in WI, MI, PA matters beyond 2016. She also speaks with guest Leland Faust and much more...
'Why Would Anyone Be Against Counting Votes?': 'BradCast' 11/23/16
Exclusive interview with Green Party's Dr. Jill Stein, announcing her plan to file for WI, MI, PA 'recounts'...
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...


Guest: Mark Potok of the Southern Poverty Law Center | Plus: Mississippi burning again and 'zombie voters' still not voting...
By Brad Friedman on 11/3/2016 6:17pm PT  

On today's BradCast: Rightwing extremist groups are reportedly plotting to wreak potential havoc on Election Day, as Donald Trump's candidacy has helped to mainstream previously fringe organizations. [Audio link to show is posted below.]

Despite Trump's repeated claims that millions of 'dead people' are voting, the evidence --- reported many years ago by The BRAD BLOG and more recently even by a mainstream corporate news outlet investigation in Wisconsin --- continues to show otherwise.

But while the threat of zombie voters has long been wildly overstated by Republicans, rightwing extremist groups --- neo-nazis, the KKK, militia organizations and others --- are claiming they have plans to mobilize a "show of force" at polling places across the country next Tuesday. That, as another black church in Mississippi is set on fire this week with the words "Vote Trump" spray painted onto it.

So, do these radical groups pose a real threat for chaos and disenfranchisement on Election Day? Or are they just latching on to Trump's racist coat tails in hopes of intimidating American voters? Mark Potok of the Southern Poverty Law Center, which tracks extremists and hate groups, joins us to answer those questions and much more related to this extraordinary election and the not-coincidental emergence and rise of the so-called "Alt-Right".

Potok, who tells me he believes "there's a real possibility of sporadic violence" next week, says "the Radical Right in America today has a hero, in the [Republican] nominee for President of the United States. They see Donald Trump as the best thing, politically, that they've seen in a half-century or more, going back to at least George Wallace and probably further. They're thrilled. They are very energized."

He tells me that in his 25 years on this beat, he has never seen the radical right play such a key role in an American Presidential election, and explains that the term "Alt-Right" is little more than "a re-branding of white supremacy for the digital age."

"Trump," he explains "has taken the lid off Pandora's Box in a very real and substantial way." But will the threat that they pose to the nation be worse if Trump wins or if he loses? Tune in for that and much more (including --- make sure you are sitting down for it --- my defense, of sorts, of the late, rightwing propagandist Andrew Breitbart! Yes, there's another example of how insane this election year has become.)

Also on today's BradCast: In North Carolina, a federal judge finds the state's statute allowing challenges to the voter rolls to be "insane", and the state's incumbent U.S. Senator who is locked in a close re-election battle, apologizes for disturbing comments about 'targeting' Hillary Clinton, but vows to keep anybody from being seated on the U.S. Supreme Court for the next four years if she wins.

Download MP3 or listen to complete show online below...

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By Brad Friedman on 6/17/2016 5:05pm PT  

It's been a rough week, so today on The BradCast, we try and catch up on a whole bunch of stuff we haven't been able to get to over the past several days in the wake of Orlando. [Audio link to complete show follow below.]

It's now been one full year since Donald Trump entered the race --- and since we accurately predicted the precise effect he would have on the GOP's 2016 Presidential Primary. Sure enough, the wheel's are now falling completely off for Republicans. Among the fresh evidence: John McCain declares (repeatedly) that Obama is "directly responsible" for the Orlando Massacre, while lying about how and why we 'left' Iraq. It's now so bad for Republicans that George W. Bush, of all people, is coming to the party's 'rescue'. Good luck with that. But, no worries, the GOP has declared the Republican National Convention a gun-free (and fruit-free) zone, so all is well.

On the Democratic side of the aisle, Bernie Sanders offers an online message to supporters, calling on them to work together to defeat Trump and to run for office at the state and local level to the continue the "political revolution". Meanwhile, polls begin to look very good for Hillary Clinton nationally and even in a number of traditionally very "red" states (could a Dem actually win in Utah and in Kansas this year?) All of that would seem to be good news for Democrats, but only if they are allowed to vote this November, which may just have gotten slightly easier for some in Kansas, where GOP "voter fraud" fraudster, Sec. of State Kris Kobach, continues to shame the state.

Finally today, we finish up with the latest Green News Report following the hottest May ever recorded on Planet Earth, and the emergence of new proof that Trump was for action on climate change before he decided to pretend it was all "a hoax".

All of that and much more on today's BradCast!...

Download MP3 or listen to complete show online below...

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GUESTS: Tyson Slocum of Public Citizen; 'DocDawg' of Daily Kos...
By Brad Friedman on 5/11/2015 3:31pm PT  

Today on The BradCast I spoke with Tyson Slocum,the Director of Public Citizen's energy program following the explosion and now oil spill into the Hudson River at the controversial Indian Point nuclear facility just 30 miles north of New York City and the 20 million people in harms way in the metropolitan area. What went wrong at the facility? Why is it still even in operation? And, oh, yeah, should we be worried still about what is happening at Fukushima while we're at it?

Then, I was joined by "DocDawg" of Daily Kos whose startling analysis published late last week, documenting an as-yet unexplained plummet in voter registration forms submitted via public assistance agencies in North Carolina since Gov. Pat McCrory (R) took office, has now lead to the threat of legal action by civil rights groups [PDF] who see a disturbing violation of the National Voter Registration Act (NVRA or "Motor Voter Act") of 1993. Someone has some explaining to do in the Tar Heel State where Republicans there have also enacted the most extreme voter suppression law since the Jim Crow era. You gotta check out this disturbing story!

Plus, some breaking news on the jackass George Zimmerman who was reportedly involved in yet another shooting today and a new report finding that the Baltimore City Jail turned away thousands of arrestees since 2012 after they were brought in by police but too injured to be admitted.

Download MP3 or listen online below...

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By Brad Friedman on 11/7/2014 6:02am PT  

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

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




State's chief election official stands to benefit from unlawful new process in re-election bid against Dem Maggie Toulouse Oliver...
By Brad Friedman on 10/28/2014 6:05am PT  

No doubt this is precisely the sort of thing that Chris Christie, New Jersey's governor, chair of the Republican Governors Association and 2016 Republican Presidential hopeful, was talking about last week when discussing the need for Republicans to be in charge of the "voting mechanisms" in 2016.

New Mexico, certain to be a key swing state once again in the 2016 Presidential election, currently has both a Republican Governor, the popular Susana Martinez, and a Republican Secretary of State, Dianna Duran. Both are up for re-election this year. Duran is in a neck-and-neck race against her Democratic opponent Maggie Toulouse Oliver.

Duran is one of those GOP "voter fraud" fraudsters who likes to pretend there is a massive epidemic of voter fraud that needs correcting via polling place Photo ID restrictions, even though such measures prevent far more legal (largely Democratic-leaning) votes from being cast than fraudulent ones --- and even though she's been able to find next to none since taking office four years ago.

At the same time, Duran appears to be slow-walking thousands of perfectly legal new voter registrations from being processed by the state Motor Vehicle Department (MVD), despite a 2010 court order issued after a settlement with the federal government requiring New Mexico to comply with the 1993 National Voter Registration Act, the so-called "Motor Voter" law.

On Monday, the Santa Fe New Mexican offered this distressing report from Brian Sweeney, a state voter, or, at least, someone who has been trying to be one for months without success...

When I moved to Santa Fe this summer, one of the first things I did was apply for a New Mexico driver's license. At the same time, I registered to vote using a paper form. This week, I learned from the secretary of state's registration information website that my voter registration was never processed. I received no notification of any problems with my registration.

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




WARNING: Amount of irony in this story may lead to head explosion...
By Brad Friedman on 10/1/2014 5:03pm PT  

[This article now cross-published by Salon...]

UC Irvine law professor Rick Hasen says this development, which he describes as coming from the "Irony Dept", is just "too delicious".

Leslie Rutledge, the Republican candidate for Attorney General in Arkansas, has been discovered to have been registered to vote in multiple states in addition to Arkansas, and even voted by absentee ballot in Arkansas' general election in November of 2008 --- after she had registered to vote in Washington D.C. [PDF] in July of the same year.

According to the Arkansas Democrat-Gazette, Rutledge has now been removed from Arkansas' voting rolls by the Pulaski County Clerk, after he confirmed that she was registered to vote in D.C., and possibly Virginia. The removal from the rolls may also lead to her ineligibility to be elected to office.

Rutledge's Arkansas absentee ballot request form for the 2008 general election is here [PDF]. And, indeed, her subsequent voter registration form from Virginia is here [PDF].

"For the AG candidate of the party who likes to scream about voter fraud to be registered in two (or three) places at once is ironic and amusing on its own," writes Matt Campbell of Arkansas' "Blue Hog Report", which was on this story from the jump.

"However, the bigger implication is Article 19, section 3, of the Arkansas Constitution," he adds, which states: "No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess the qualifications of an elector." If Rutledge is not registered in Arkansas, she no longer "possess[es] the qualifications of an elector."

But, believe it or not, none of that is the actual ironic part that Hasen was referring to in his piece on this today. Yes, it gets even more ironic!...

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




10th Circuit stays order compelling EAC to add 'Proof of Citizenship' requirement to federal voter registration form...
By Ernest A. Canning on 5/27/2014 8:35am PT  

Early last week, with little attention in the media, the U.S. 10th Circuit Court of Appeal applied the brakes, for now, to one of the newest voter suppression schemes on the bleeding front edge of the GOP's ongoing War on Voting.

The insidious new Republican scheme, if it manages to overcome continuing challenges in court, such as the stay and appeal it now faces in the 10th Circuit, could result in thousands of otherwise eligible voters in Kansas and Arizona (and elsewhere, if the effort is allowed to move forward in KS and AZ) unable to even register to vote, much less cast a ballot on Election Day.

An investigative report by the Arizona Republic last year found the evidence for the purported basis of the new law --- claims by Republicans that non-citizens are casting ballots in the state --- to be "nearly non-existent".

Judith Brown Dianis, a civil rights litigator at The Advancement Project, described the nearly decade-long, coordinated, nationwide GOP voter suppression effort as "the largest legislative effort to roll back voting rights since the post-Reconstruction era". While appearing before a U.S. Senate Subcommittee in 2011, she described the effort as one designed to make "it harder to register to vote, harder to cast a ballot and harder to have a vote counted."

One of the primary GOP efforts to make it "harder to cast a ballot" can be found in the spate of polling place Photo ID laws that Republicans have sought to justify on the basis of what amounts to a phantom menace. Cases of in-person voter impersonation --- the only type of voter fraud that can be prevented by Photo ID --- are about as scarce as hen's teeth.

The same can be said about baseless GOP claims of an epidemic of voter fraud in the form of votes cast by non-citizens --- an allegation that is now being used as part of the new Republican ploy to prevent perfectly lawful citizens from even registering to vote...

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




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...

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




By Ernest A. Canning on 6/17/2013 2:15pm PT  

In a ruling hailed by voting rights advocates today, Arizona's requirement that newly registered voters submit proof of citizenship with their registration has been struck down by the U.S. Supreme Court in a 7-2 decision. Justice Antonin Scalia authored the opinion for the majority, while Justices Clarence Thomas and Samuel Alito dissented.

The court rejected provisions of Proposition 200, a ballot measure approved by AZ voters in 2004, which mandated that state election officials reject all applications to register to vote that did not include documentary proof of citizenship. Those documents, however, are not currently required by the Federal Form for voter registration, as approved by the Elections Assistance Commission (EAC) pursuant to provisions of the National Voter Registration Act of 1993 (NVRA).

Today's ruling in Arizona v. Inter Tribal Council of Arizona [PDF], is grounded upon the plenary power given to Congress by the Elections Clause (Art. I §4 of the U.S. Constitution) empowering Congress to preempt state regulations governing the "Times, Places and Manner" of holding federal elections. The court found that the NVRA mandate that states "accept and use" the Federal Form for voter registration takes precedence, and that Prop 200 is invalid because it conflicts with the Congressional intent that the NVRA help ease the ability of citizens to register to vote.

Writing for the majority, Justice Scalia observed that if a state could "demand of Federal Form applicants every additional piece of information the State requires…the Federal Form ceases to perform any meaningful function, and would be a feeble means of 'increas[ing] the number of eligible citizens who register to vote in elections for Federal office.'"

This does not close the door on the issue altogether, however. Justice Scalia noted that, pursuant to the NVRA, any state can ask that "the EAC alter the Federal Form to include information the State deems necessary to determine eligibility." If the EAC then rejects such a request, the state "may challenge the EAC's rejection of that request [in court]"...

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



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