Yesterday morning, we detailed the ACLU's lawsuit against the state of Florida for their attempted, illegal purge of as many as 180,000 "potential non-citizens" from the voter rolls, despite the fact that, to date, almost all of the targeted voters have been shown to be both legal citizens and legal voters. (In his coverage, Ernest Canning also offered a nice summarized round-up of Florida's twelve-year recent history of pulling this crap by illegally removing legal voters from the voting rolls in election after election.)

Later yesterday, Florida filed suit against the Dept. of Homeland Security (DHS), arguing that the feds are refusing to turn over their database, so that the attempted voter purge might more accurately target actual non-citizens. The state claims they've been trying to gain access to that federal database for months --- since it is supposedly more accurate than the state's drivers license database (which legally includes non-citizens, but fails to note many them have become naturalized citizens since getting their drivers license.) The suit argues that the feds have disallowed them from doing so, for some reason.

Now, the real story becomes a bit easier to understand, thanks to a 5-page letter [PDF] released later in the day yesterday from the Dept. of Justice to the State of Florida in response to their previous refusal to halt the illegal voter roll purge.

The new letter explains why FL is currently being denied access to the federal DHS database; details how FL is blatantly violating several federal laws with their attempted purge; requests the state "immediately cease this unlawful conduct"; and, just in case they don't, notifies them that the DoJ has now "authorized the initiation of an enforcement action against Florida in Federal court."

In other words, the DoJ is going to court to sue the state of Florida to stop the illegal purge.

I'd go into more details on the above, but I'm scrambling to prepare for tonight's nationally-syndicated Mike Malloy Show (which I'm guest hosting all week). So hopefully the above will give you the skinny on this maddening attempt at voter suppression by the GOP in the Sunshine State for the moment.

We'll be speaking more about this on the show tonight, with my guest, the legendary Leon County, FL Supervisor of Election Ion Sancho --- the man who was put in charge of the 2000 Presidential Recount (which never happened) in Florida! He's got quite a few thoughts on all of the above. Don't miss it! You'll be able to the show streaming links here at The BRAD BLOG later tonight, if you're not lucky enough to get the Malloy Show on either SiriusXM ch. 127 or an air station near you..

UPDATE 6/13/12: My interview with Ion Sancho about all of the above, and much more, is now posted here...

Guest blogged by Ernest A. Canning

The state of Florida and it's Secretary of State Ken Detzner (R) are knowingly violating Section 5 of the Voting Rights Act in their attempted purge of "potential non-citizens" from the Sunshine State voting rolls, according to a new federal lawsuit [PDF] filed by the ACLU and the Lawyers' Committee for Civil Rights Under Law.

The complaint follows on the heels of a May 31, 2012 two-page letter submitted to FL election officials by T. Christian Herren, the chief lawyer of the U.S. Justice Department's Voting Rights Division. In his letter, Herren opined that the state's voter roll purge is in violation of Section 5 --- at least in the 6 Florida counties "covered" by that section --- because the state has not sought preclearance from either the DOJ or a federal court, as required by that section of the 40-year old federal law.

Additionally, the DOJ notes in its letter, the purge, coming as it does within the 90 days before Florida's federal primary election, is also in violation of the National Voter Registration Act (NVRA) which covers the entire state.

In response, FL State Department spokesman Chris Cates initially said they would continue the purge nonetheless, as they were "firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot." In his official response to the DOJ a few days later, Detzner all but challenged the feds to bring a suit in order to stop the state from continuing their efforts.

Of the original 180,000 names identified by the state as potential non-citizens, out of some 11.3 million registered voters in the state of Florida, 2,700 were sent to county election officials with instructions to notify those voters that they had just 30 days to prove their citizenship or be removed from the rolls. As reported by the Christian Science Monitor, "Before heeding DOJ’s order to stop the purge" county election officials had identified just four noncitizens who "may have voted in past elections, making them potentially guilty of voter fraud," while clearing hundreds of voters who had, in fact, been legally registered voters. Hundreds of others may have been removed from the rolls, despite being legally registered citizen voters.

As The BRAD BLOG previously reported, Herren had demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist. Such an order would have to come by way of an injunction issued by a U.S. District Court. The ACLU lawsuit now seeks that injunction even though, according to the Miami Herald, county elections supervisors across the state, led by Leon County's Ion Sancho, are now refusing to carry out a purge which Sancho describes as "illegal."

The ACLU lawsuit alleges facts that suggest the FL GOP is relying upon a FL Department of Highway Safety and Motor Vehicles (DMV) database that it knows cannot provide an accurate basis for establishing non-citizenship until 2017.

Unfortunately, this year's purge in Florida continues a tradition that has been affecting legal voters in Florida --- and, along with them, the rest of the nation --- cycle after cycle since at least the 2000 election...

Guest blogged by Ernest A. Canning

Reports by the Miami Herald and by Democracy Now report that the U.S. Department of Justice (DOJ) has "ordered Florida...to end a controversial voter purge that's primarily targeted Latino, Democratic and independent-minded voters" (see video below) may not be technically accurate.

Both refer to the two-page letter submitted by T. Christian Herren, the chief lawyer of the DOJ's Voting Rights Division, to FL officials which suggested that the purge, ordered by Republican Gov. Rick Scott under the unsubstantiated pretense that the state had thousands of non-citizens registered to vote, violated Section 5 of the Voting Rights Act because FL had not sought preclearance for the new voter roll purge either from the DOJ or a federal court. Herren, as the Miami Herald article observed, demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist.

Election officials across the state have confirmed that the Governor's purge list includes hundreds, if not thousands, of legally registered U.S. citizens who are improperly identified as "non-citizens" to be removed from the rolls.

Only five of Florida's 67 counties are "covered jurisdictions" under Section 5 of the Voting Rights Act. That means that while Supervisors of Elections in some counties had vowed not to carry out Scott's purge, others, like Seminal County's Republican Supervisor of Elections Mike Ertel, signified their intent to carry out what amounts to a new form of GOP "caging lists" in which those voters who do not respond to official letters in a designated fashion are automatically purged from the eligible voter rolls. On Friday, an attorney from the Florida State Association of Supervisors of Elections, representing all 67 counties, sent a memo to officials recommending they do not carry out the scrub as called for by the state.

The DOJ letter to FL also noted that the voter roll purge across the entire state appears to be in violation of the National Voter Registration Act (NVRA), which bans the removal of voters from the rolls in the 90 days prior to a federal election. Florida is set to hold its federal primary election on August 14th, making May 16th the last legal day for the type of voter roll maintenance the state now claims to be carrying out.

Even assuming that Herren's letter to the state amounts to a DOJ "order," it may not be enough to stop what The Advancement Project estimated in its May 17 letter to Herren [PDF] could ultimately produce an illegal purge of as many as 180,000 otherwise eligible voters based on a flawed, eleventh hour pre-election effort to match voter rolls against the FL driver's license data base.

After receiving the letter from the DOJ, Florida Dept. of State Spokesperson Chris Cates said they intended to continue with their purge anyway. "Bottom line is," Cates told Think Progress, "we are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot."

The purge has already ensnared U.S. citizens like Bill Internicola, the 91-year old, Brooklyn-born, World War II veteran and Bronze Star recipient who fought in the Battle of the Bulge and Archibald Bowyer, another 91-year old WWII vet who has been citizen since the age of 2, and who received his letter from the state warning he would be purged just as his wife had died.

Cates has marginalized such incidents as "a handful of people [who] have been inconvenienced.”

To halt the purge, groups like the ACLU and the DOJ may need to initiate a federal lawsuit in which they seek yet another preliminary injunction, like the one issued late Thursday by U.S. District Court Judge Robert L. Hinkle in League of Women Voters v. Browning [PDF]. That ruling, as we reported on Thursday, spoke to a different aspect of this year's GOP voter suppression effort in FL. Hinkle's ruling ordered an official federal injunction on the draconian restrictions imposed on voter registration workers by the FL GOP, which had earlier led to groups like the League of Women Voters of Florida being forced to cancel their voter registration drives for the first time in some 70 years.

Florida has until June 6th to official respond to the U.S. Dept. of Justice.

Video of Democracy Now segment on the DOJ's response to the FL purge follows...

As I'm on the road and largely off the grid this week, I was about to post the following video from last night's Rachel Maddow Show, thanking her for covering so much of what we've been covering here at The BRAD BLOG, for so long, in one nice long top-of-show segment.

I'm still going to do that, but below that, I'm happy to post a press release just sent out by the non-partisan Brennan Center for Justice at NYU, breaking the news that a federal judge has issued a preliminary injunction blocking the "key provisions of a restrictive voting law in Florida today." The Brennan Center describes the ruling as "a breakthrough victory for Florida voters and voting rights advocates nationwide."

The new law, H.B. 1355, had included onerous criminal restrictions on third-party voter registration workers. The new rules were so onerous, in fact, that the League of Women Voters of Florida was forced to call off their registration drive in the state for the first time in 70 years. In the wake of the FL GOP's new law, high school teachers had been charged with crimes for registering their own students to vote, and a registration worker had received a threatening letter from the Sec. of State for turning in voter registrations one hour late after a holiday weekend.

U.S. District Court Judge Robert L. Hinkle blocked most of the FL law's new registration requirements today, finding they accomplished little more than suppressing the registration of new voters without serving any legitimate state interest. "If the goal is to discourage voter-registration drives and thus also to make it harder for new voters to register, this may work," wrote Hinkle in his frequently scathing decision [PDF].

The Brennan Center quotes from Hinkle's ruling this way: "Together speech and voting are constitutional rights of special significance; they are the rights most protective of all others, joined in this respect by the ability to vindicate one's rights in a federal court. … [W]hen a plaintiff loses an opportunity to register a voter, the opportunity is gone forever ... And allowing responsible organizations to conduct voter-registration drives --- thus making it easier for citizens to register and vote --- promotes democracy."

See the Brennan Center's full release today posted below. It's very good news, as once again another law passed by the GOP with the intention of nothing more than suppressing the vote of largely Democratic-leaning voters is found to be in violation of the Constitution and/or federal law, as has been the case with almost every single one of these GOP-passed laws over the past year --- at least when someone (too often not the U.S. Dept. of Justice, unfortunately) bothers to go to court to challenge them.

Yesterday, at Rolling Stone, Ari Berman had calculated that some 35,000 Florida voters stand to be purged this year if the Republicans' new voter suppression efforts there are carried out in full.

As to Rachel Maddow last night, here's some of the very important coverage she offered at the top of the show, including details on the state of Florida's current effort to purge thousands of legal voters from the rolls by claiming, inaccurately, that they are non-citizens. (NOTE: That effort is a separate voter suppression measure by Republicans in the state of Florida, and is not related to today's federal court ruling blocking the earlier voter suppression measure by Republicans in the state of Florida)...

New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

Several weeks ago we told you that Kathy Nickolaus, the controversial and oft-failed County Clerk of Waukesha County, WI, was stepping aside for the state's upcoming recall primary and general elections on May 8 and June 5.

The news that she would not be performing her usual election administration duties came on the heels of yet another embarrassing debacle in the state's most Republican county during their April 3rd Presidential Primary.

Nickolaus' decision to temporarily hand over her duties to Waukesha's Deputy Clerk Kelly Yaeger for the two recall elections was prompted after calls for her resignation by the chair of the County Executive Board as well as local newspapers. The most recent mess was said to have been caused by a failure of her computer system to upload computer-reported elections results of county municipalities until 6am on the morning following that election.

Shortly after the latest mess, during an interview while we were guest hosting the Mike Malloy Show on April 6th, election integrity expert John Washburn of Wisconsin Fair Elections explained to us that Yaeger had been both hired and trained by Nickolaus herself.

The temporary replacement by her Deputy offered little comfort for Washburn. Prompted by recent disturbing news that elections run on electronic tabulation systems identical to those used in Waukesha County had recently been found to have named several losing candidates as "winners" in elections in a different state, Washburn, a Republican, suggested he had little basis for confidence in whatever reported results might come out of the state's most Republican-leaning county in the upcoming recalls.

It appears that Washburn is not alone. Late Friday, it was reported that a number of the municipalities in Waukesha will be bypassing the County Clerk's office entirely by first sending their election night results straight to the Government Accountability Board (G.A.B.), the state's top election agency. But it may be new concerns about computer-tallied results in the Badger State that present even greater problems for the historic elections beginning next month in the Badger State...

Recently, the New York Times reported on an analysis by the paper suggesting that new, draconian restrictions (and criminal penalties) on voter registration programs in Florida may be responsible for a sizable drop-off in registrations this year, compared to the same period in 2008.

"In the months since its new law took effect in May [of 2011], 81,471 fewer Floridians have registered to vote than during the same period before the 2008 presidential election," according to their analysis.

Though the Times cautiously notes that, "It is difficult to say just how much of the decrease is due to the restrictions in the law, and how much to demographic changes, a lack of enthusiasm about politics or other circumstances, including the fact that there was no competitive Democratic presidential primary this year."

Nonetheless, they detail that, "new registrations dropped sharply in some areas where the voting-age population has been growing, the analysis found, including Miami-Dade County, where they fell by 39 percent, and Orange County, where they fell by a little more than a fifth."

Volusia County Supervisor of Elections Ann McFall --- a Republican --- charges that it is the new law, imposing strict time limitations and harsh criminal penalties, such as fines and jail time, on third party voter registration groups, which has led to the shortfall in new voter registrations this year.

"The drop-off is our League of Women Voters, our five universities in Volusia County, none of which are making a concentrated effort this year," McFall says.

Indeed, the new laws --- passed by a Republican legislature and signed into law by Republican Governor Rick Scott last year --- have been met with a great deal of criticism from both election officials (even Republican ones, like McFall), as well as non-partisan voter organizations in the Sunshine State. As has been widely reported, the non-partisan League of Women Voters in Florida has been forced to call off their voter registration drive this cycle, for the first time in 72 years, thanks to fears that their workers will be faced with strict criminal sanctions and harsh fines if they are unable to meet new, often impossible, time restrictions on turning in registration forms to officials.

Last November we told you about about one of the FL high-school teachers who was arrested and charged for signing up her students to vote, after being turned in to state prosecutors by McFall who said she felt "sick to [her] stomach" for having to do it.

But, setting aside, for a moment, whether the drop-off in registrations is directly attributable to the new Republican laws --- which also include shortening the numbers of days for Early Voting --- it was this startling piece of information from the Times article which caught our eye...

[Now UPDATED with audio archives below. Enjoy!]

We're back tonight guest-hosting the nationally-syndicated Mike Malloy Show tonight and it's gonna be a busy one!

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

Scheduled tonight:

• JOHN WASHBURN of Fair Elections Wisconsin on the breaking news about Waukesha County, WI's Kathy Nickolaus, the upcoming state recall elections of Gov. Scott Walker and friends, and what you all need to know and do in order to make sure we can all have confidence in the reported results!
• PAMELA SMITH, President of Verified Voting Foundation and DAN MCCREA, President of the Florida Voters Foundation on the March 13th election disaster that struck Palm Beach County, FL as Dominion/Sequoia optical-scanners declared several losing candidates as the "winners", requiring a court to approve a hand-count last weekend to determine the real winners of the elections. And on why the hell we just don't start, finally hand-counting ballots in the first place, as per "Democracy's Gold Standard".
• GABRIEL REY-GOODLATTE of ColorofChange.org on their Anti-ALEC campaign calling on corporations to stop their funding of the American Legislative Exchange Counsel (ALEC) due to their voter-suppression advocacy and much more.
• MARGOT PAEZ of KPFK's Evening News on the fall out from students who were pepper sprayed at Santa Monica College this week while trying to express their opinions to the Board of Trustees on a 400% tuition hike.
• PLUS! Much much more than we don't have time to detail here, your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: All three "hours", busy ones, commercial-free, now follow below. My Easter/Passover gift to you. Enjoy! (And no, Elijah never showed up, even though we kept an open mic for him all night. Slacker.)...

Today on KPFK/Pacifica Radio's The BradCast I spoke to Pamela Smith, President of Verified Voting Foundation and Dan McCrea, President of the Florida Voters Foundation about the recent mess in Palm Beach County, FL where the electronic Dominion/Sequoia optical-scanners declared several losing candidates as the "winners" in a March 13th election. It took approval of a court to carry out a hand-count last weekend to determine the real winners of the elections.

So do either Smith or McCrea have confidence that the same problem hasn't already occurred or won't occur again in the 14 states (including many swing states and even Wisconsin) which use identical computer systems to tabulate votes? Do they think enough is enough and it's time to simply hand-count paper ballots, as per "Democracy's Gold Standard"? You'll have to listen to find out.

We were also joined by Margo Paez, just back from Santa Monica College, with her report on the outrageous pepper spraying of students (and one toddler) there last night; Desi Doyen with the latest Green News Report and a remembrance of MLK who was assassinated in Memphis 44 years ago today as we find ourselves still in much the same fight for civil and human rights all of these decades later (hat-tip Tony Sorrentino and Desi Doyen for the really cool, and touching, montage!)...

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

P.S. Reminder: We don't post all of The BradCasts here, but you can subscribe to the RSS feed to get all of our weekly shows as soon as they're archived, or you can visit the KPFK archives page for the show anytime.

A public hand-count of paper ballots in Palm Beach County, FL over the weekend has decisively determined the winners and losers of several disputed elections after paper ballot optical-scan computer tallying systems made by Sequoia Voting Systems (now owned by Dominion Voting) declared the incorrect "winners" of several races in a March 13th election.

But a dispute over who is to blame for the initial failure flared up again over the weekend as Dominion issued a statement that seems to contradict their previous admission that their software was to blame.

"The hand-count was 100%. We weren't missing a ballot," the Palm Beach County Supervisor of Elections Susan Bucher told The BRAD BLOG this afternoon about what happened over the weekend. "Frankly, without paper ballots and without audits, we would have let the wrong winners serve."

What will happen next, however --- for Palm Beach County, one of Florida's largest, as well as the other 285 jurisdictions across the country where the very same voting system is currently in use --- is anything but clear...

The computers got it wrong. The losing candidates were declared and certified as the "winners." But they didn't actually receive more votes than their opponents. This time, we happened to find out.

As long-time readers of The BRAD BLOG know, there's a reason we routinely slam election officials and media for announcing wholly-unverified computer-reported results of elections before any of the ballots are actually examined by human beings.

So called, post-election "random audits" of a tiny number of paper ballots --- where paper ballots exist, where officials even bother to do that much --- are almost always useless, easily gamed, and, at any rate, almost always poorly carried out. Post-election spot-checks are no substitute for actually, ya know, counting actual ballots.

Nonetheless, election officials and media simply presume that optically-scanned ballots have been correctly tallied on Election Night because, after all, "computers are more reliable than human beings," as they like to say, and any result, apparently, is far more important than an accurate result reflecting the actual will of the voters.

The situation is made still worse in states like Florida where horrible election laws actually prohibit human beings from examining paper ballots to assure they've been tallied accurately after they've already been processed by a computer system. And it's all made even worse than that in Florida as the state has turned election results verification on its head by requiring results be certified just six days after the election, long before results can actually be canvassed by officials for any type of accuracy.

With all of that in mind, and all of the warnings The BRAD BLOG has long offered about optical-scan tallying systems, guess what's just happened in Palm Beach County, Florida --- one of the absolute most disastrous counties for elections in the entire country?...

It's turns out that Republican Florida state Rep. Dennis Baxley is far more odious than we realized when, last December, we described him as, among other things, "reprehensible", "anti-American" and "democracy-hating".

It appears we were way too kind.

Baxley, it seems, was the chief, NRA-funded sponsor behind Florida's 2005 "Stand Your Ground" law --- better described as a "Right to Kill" law --- the first of many similar ALEC-templated bills to be passed by Republicans in states across the country, allowing for what opponents had warned at the time, would result in "racially motivated killings."

It was just such a racially motivated killing that appears to have resulted in the shooting death of unarmed 17-year old African-American Trayvon Martin, by George Zimmerman in a gated community in Sanford, FL late last month. Zimmerman, who has admitted to shooting Martin --- just minutes after he is heard on a 911 call whispering "fucking coons" and being told by the dispatcher to not follow Martin --- is still a free man today, and still in possession of his gun and [see CORRECTION note below] concealed weapon permit, thanks in no small part to Baxley's law.

What follows is brief coverage of Baxley from MSNBC's Rachel Maddow Show last night, including clips of his advocacy for the bill back in 2005, when he argued that "this is gonna be a safer state" and "this bill will stop crime in its tracks". Then, after that, we'll remind you why, and what, we had written about this despicable creep last December...

Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.

The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.

The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.

Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.

On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...

Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.

According to TPM's Reilly, the DoJ stated in their filing in that same court last night...

My full story on this is at Salon today. But, here's the skinny.

It looks like Indiana's now-former Republican Sec. of State, Charlie White, who was found guilty of three voter fraud felonies and three other felonies early this month, has now been sentenced.

And it also looks like the old adage --- It's Okay If You're a Republican (IOKIYAR) --- continues to ring true in the Hoosier State. Despite being the top election official in the very first state in the union to institute disenfranchising polling place Photo ID restrictions, Charlie White has gotten off with a slap on the wrist, essentially, for three intentional voter fraud felonies, and the three others he was found guilty of as well.

His sentencing hearing was held last week. He pretended to be contrite before the judge (unlike when he appeared days earlier on Fox "News"), so it turns out he'll serve just one year in home detention for all of his crimes. The sentencing, naturally, has left him "elated."

The fates of other, less Republican, less high-ranking folks however, such as those who were prosecuted with the full force of the federal government during the George W. Bush Administration's unprecedented, if failed attempt to ferret out "voter fraud" crimes, were not quite as lucky. Unfortunately, they were used as fodder to help Republicans push for those polling place Photo ID laws (which would have failed to deter either them or White from committing voter fraud) by Bush's wholly politicized Dept. of Justice.

For folks like Wisconsin's Kimberly Prude and Florida's Usman Ali, to name just two examples of those who were caught in that buzz-saw, and who each committed far less egregious --- far far far less egregious --- crimes than those intentionally committed by White, the legal system was not nearly as kind.

Prude, who tried to rescind her own absentee vote before the 2004 election, immediately after learning from her probation officer that she was not allowed to vote --- despite never having served time in jail and being on felony probation for having passed a bad check four years earlier --- was forced to serve more than a year in prison. Ali, who never even voted at all, had it even worse. He was deported to Pakistan where he hadn't live in more than 10 years, destroying his life in this country for not just himself, but for his American wife and daughter as well.

I tell the whole story --- of White's virtually scot-free sentencing, as compared to Prude's and Ali's --- in my story today at Salon. Please give it a read.

As you might expect, the moral, once again, is: IOKIYAR.

The voting systems in use for the nation's first three all-important electoral contests in the 2012 primary --- from Iowa to New Hampshire to Saturday's South Carolina Primary --- go from pretty great to intolerably horrible. And then comes Florida, which deserves its very own special category, thereafter.

The "First-in-the-Nation" caucuses in Iowa allowed voters to vote on hand-marked paper ballots, counted by hand in front of the public at the caucus site, with results announced to everyone right then and there before being called in to GOP headquarters and before ballots were move anywhere. The wonderfully transparent system allowed for Republican voters by the Iowa GOP (which they hypocritically fight against allowing for everybody else in other states, and even in their own during general elections) is just about as close as we general get in this country to Democracy's Gold Standard. It's also what allowed reporting errors to be discovered and confirmed by the public after an election with some 122,000 votes counted transparently within an hour or so of polls closing, leading to almost nobody charging "fraud" even though just 34 votes are said to separate first and second place in the certified results of the impossibly, and historically, close election.

As of the "First-in-the-Nation" primary in New Hampshire, however, election transparency for voters and their ability to oversee their own elections began to disappear. While a lucky 10% of voters enjoyed hand-marked, publicly hand-counted paper ballots, the rest of the state's voters were allowed to vote on hand-marked paper ballots, but forced to tolerate secret tabulation on oft-failed, easily-manipulated Diebold optical-scan systems programmed by a company (LHS) with a history of criminal behavior and convictions. The results from those 90% of Granite State voters may have been tallied accurately by the Diebold op-scanners or, as seen in the disastrous 2008 Presidential Primary, not. Since NH doesn't bother to actually check to see if their machines tallied the hand-marked paper ballots correctly, we're unlikely to ever know if they did --- barring a recount request where, by then, the secure chain of custody of the paper ballots would be uncertain (to put it mildly.)

And now we come to the "First-in-the-South" Republican primary in South Carolina, where all evidence of how voters vote disappears entirely as the voters will be forced across the entire state to vote on easily-manipulated, oft-failed, 100% unverifiable touch-screen voting systems made by the nation's largest voting machine company, ES&S. When the machine-reported results are announced tomorrow night they will either be accurate or not. Either way, there will never be a way for anybody to know one way or the other as there will be nothing to prove how voters voted and nothing to "recount", even if anybody wanted to.

Appropriately enough, perhaps, Saturday's primary in the Palmetto State will offer 100% "faith-based" voting, since it will be scientifically impossible to prove that even a single vote for any candidate on the ballot has been recorded accurately by the ES&S iVotronic touch-screens as per any voter's intent. Known what we mean, Alvin Greene?...