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

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

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

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

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

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

[This article now cross-posted at Salon...]

The Republican Party of Florida's top recipient of 2012 expenditures, a firm by the name of Strategic Allied Consulting, was just fired on Tuesday night, after more than 100 apparently fraudulent voter registration forms were discovered to have been turned in by the group to the Palm Beach County, FL Supervisor of Elections.

The firm appears to be another shell company of Nathan Sproul, a longtime, notorious Republican operative, hired year after year by GOP Presidential campaigns, despite being accused of shredding Democratic voter registration forms in a number of states over several past elections.

According to the Center for Responsive Politics, Strategic Allied Consulting has been paid some $667,000 this year by the FL GOP, presumably to run its voter registration campaigns in the state. That number, however, does not account for another identical payment made in August. The Palm Beach Post is reporting tonight that the firm received "more than $1.3 million" from the Republican Party of Florida "to register new voters."

The firm is not only tied to the FL GOP, but also to the Mitt Romney Campaign, which hired Sproul as a political consultant late last year, despite years of fraud allegations against his organizations in multiple states.

Moreover, the firm is also reportedly operating similar voter registration operations on behalf of the Republican Party, to the tune of hundreds of thousands of dollars, in a number of key battleground states this year, including North Carolina, Virginia and Colorado. Strategic Allied has recently taken steps to hide their ownership by Sproul's notorious firm, Sproul & Associates.

Palm Beach County Supervisor of Election Susan Bucher confirmed to The BRAD BLOG late this evening that she turned over 106 suspicious voter registration applications to the Florida State Attorney during a meeting yesterday afternoon in Palm Beach, after the "questionable" applications were submitted to her office by a worker for Strategic Allied.

The forms were said to all have similar signatures, changed addresses and party affiliations, and other defects which appear to have all been done by the same hand.

The case emerging in Florida tonight mirrors a similar incident reported earlier this year when more than a thousand fraudulent voter registration forms were discovered to have been turned in to the Sacramento County, CA Registrar of Voters by a group hired by that state's Republican Party.

But that's not the only similar case, as a massive GOP voter registration scheme, which appears to involve the upper-echelons of the national party, begins to emerge...

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

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

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

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

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

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

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

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

Sarah Silverman does it again! Hilarious. Informative. And definitely NOT safe for work!...

More resources available here: LetMyPeopleVote2012.com

(Here's another polling place Photo ID law related video published this week. I'm in that one...though it's not nearly as funny.)

Meanwhile, as the War Over Which Americans Get to Exercise Their Right to Vote rages on, concern about how the votes of those who do get to vote, will (or won't) be tabulated, goes largely unnoticed. Again.

USA Today takes a moment to mention that point in an unbylined editorial headlined 'Electronic voting is the real threat to elections'. Their headline may understate the very real concerns about access to the polls, because these two issues --- both access to the polls and accurate, transparent tabulation of ballots --- have always been two sides of the same coin.

Both issues must be assured for an election with anything close to integrity.

But, given the, necessarily, extraordinary focus on the first issue this year, access, it's nice that the paper has taken a moment to highlight just a few of the continuing causes of concern for the actual tabulation of votes. Nothing has gotten better since 2010 or 2008 or even 2004. We've covered all of the examples for reasons to be concerned that they point to in the editorial, of course, and many more, over the years here at The BRAD BLOG.

And, naturally, since the paper is still a corporate media outlet, they just had to "balance" their fairly decent, fact-based editorial with an additional "opposing view" editorial, filled with a bunch of misleading, dishonest bullshit about Internet Voting, of all things, from a corporate lobbyist hack...

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

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

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

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

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

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

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

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

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

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

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

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

Scheduled tonight:

• KURT EICHENWALD, contributing editor at Vanity Fair and former reporter for The New York Times on his bombshell NYTimes report this week detailing months of classified briefings given by the CIA to the Bush Administration, warning about an attack by al-Qaeda long prior to 9/11 and on his new book, 500 Days: Secrets and Lies in the Terror Wars.
• STEPHANIE SINGER, former Election Integrity advocate with VotePA.us, now the Chair of the Philadelphia City Election Commission on yesterday's state Supreme Court hearing on the new GOP-enacted polling place Photo ID restrictions which could stand to disenfranchise nearly a million otherwise-eligible voters in the "Birthplace of Liberty" this November.
• DANA SIEGELMAN, daughter of former AL Gov. Don Siegelman who has organized a Presidential pardon campaign for her father, who reported back to federal prison last Tuesday, after his political prosecution at the hands of Karl Rove for something that has never been a crime before in this country. We'll also discuss her bizarre meeting with Karl Rove at last week's RNC, which she guest blogged about earlier this week at The BRAD BLOG.
• PLUS! Breaking news out of WI, the Middle East and much much more in an incredibly busy news week! Along with your phone calls on all of the above 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 (tell it your from "Minnesota" when asked!) Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

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

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

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

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

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

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

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

There are so many terrible, voter-suppressing Secretaries of State at work this year, actively trying to undermine democracy in the U.S. on behalf of the Republican Party, it's been difficult to adequately cover them all. One who has largely managed to escape our wrath on these pages --- thanks to his horrible colleagues in places like Florida, Ohio and Pennsylvania keeping us so busy --- is Colorado's Sec. of State Scott Gessler.

Think Progress helps us to slightly make up for our failing today...

Of course, we don't know how many, if any, of those 141 people, out of Colorado's 3.5 million registered voters [PDF] are actually non-citizens, but it's good to know that Gessler is spending time and state resources looking out for them by risking the removal of thousands of voters from the rolls to protect against the long-shot possibility that 141 of them may (but likely won't) cast illegal votes.

The story in CO is very similar to the one earlier this year in FL, where Gov. Rick Scott and Sec. of State Ken Detzner attempted an identical and similarly failed plan to remove so-called "non-citizen voters" from the rolls.

Meanwhile, Republicans in the state of Texas are also unhappy, because the Rule of Law keeps keeping them from disenfranchising voters through discriminatory Congressional redistricting maps and discriminatory polling place Photo ID restriction laws.

So maybe the old "dead voters on the rolls" gambit will work to keep some of those pesky voters from being able to cast their legal votes this year in Texas! Ya know, the same gambit that failed so spectacularly in South Carolina earlier this year when hundreds of supposedly "dead voters" had the temerity to, ya know, be alive.

Still, thousands upon thousands of registered voters die each and every year, in almost all 50 states, and very very few of them have the courtesy to call the County Clerk afterwards to inform them that they have died and should be removed from the voting rolls. But, no worries! Texas Republicans are on the case in the Lone Star State!...

CNBC's Mad Money host, Jim Cramer, tweeted the following earlier today...

I have a problem. My dad, a vet, won't be allowed to vote in Pa. because he does not drive, he is elderly, and can't prove his citizenship.

— Jim Cramer (@jimcramer) September 11, 2012

Cramer's father, however, is hardly alone. Some 1.6 million otherwise eligible voters in the state of Pennsylvania --- many of them elderly, minorities, students and the poor --- may be unable to vote this November under the state's GOP-enacted polling place Photo ID restriction law, unless the absurd ruling of Commonwealth Judge Robert E. Simpson is overturned on appeal, or unless the U.S. Dept. of Justice finally decides to file a federal challenge that successfully blocks the state's completely unnecessary law as violation of the Voting Rights Act and the U.S. Constitution.

But Cramer's father can take heart. Scott Keyes at Think Progress reports: "A House Democratic Twitter account responded to Cramer with a promise that Rep. Jim [*Bob] Brady (D-PA), who represents part of Philadelphia, would "personally see to it that your dad gets the necessary ID and transportation to vote."

See? The new Republican law won't actually disenfranchise anybody! All you need to do is make sure you have a family member host a popular TV show, and your problem will be solved when a U.S. Congressman notices and promises to intervene. Democracy saved!

By the way, the ruling by the Commonwealth Court Judge who upheld the voter suppression law recently, may be even more absurd than originally believed or as detailed by The BRAD BLOG's legal analyst Ernie Canning upon appeal. As Nicole Flatow explains, the law that Judge Simpson relied on to support his ruling was an 1869 case, Patterson v. Barlow, in which the majority warned of "rogues", "strumpets" and "wandering Arabs" who, it was feared, might commit voter fraud in Philadelphia that year.

Even back then, as the dissenting opinion in the 143-year old case reveals, the minority Justices were concerned "that among the barriers so ingeniously contrived to prevent [voter fraud], the defeat of the duly qualified voters must inevitably occur."

The dissenters went on to offer advice that would be useful today to those concerned about actual voter fraud (versus the Republicans who instituted today's Photo ID restrictions, solely to keep largely Democratic-leaning voters from casting their legal vote at all):

* CORRECTION: It appears that ThinkProgress' Scott Keyes misstated the first name of the PA Congressman who has promised to help Cramer's father get a Photo ID to vote. PA Election Integrity advocate Marybeth Kuznik of VotePA.us writes in with this correction: "The Democratic Rep in PA-1 (part of Philly) is Bob Brady. I guess he goes by Robert Brady officially, but everyone in the state calls him Bob. He's a very powerful Democratic Rep in PA (head of the Philadelphia Caucus in the PA Democratic State Committee) and, as you may know, is Minority Chair of the U.S. House Admin Committee, so he is a gatekeeper on anything regarding voting. There is no Jim Brady in the PA Delegation." We've corrected the Congressman's first name in the article above.

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

I'm in a TV studio all day today, so largely off grid. But I wanted to take a moment to at least point you towards Lambert Strether's very smart and very welcome piece on "What voting can look like", wherein he points to Canadian elections and German elections and, yes, The BRAD BLOG's own piece on "Democracy's Gold Standard", to make the case for hand-marked paper ballots, hand-counted at the polling place, with results posted at the precinct before they are moved anywhere.

He gets it. So, thank you, sir. Please go read him and a show a little love for one of the few folks in a busy election season who has bothered to stop and take notice of the forest for the trees, and the effect that track-conditions can and will have on the horse races themselves (yes, races, as there are many more elections than just a Presidential one this year!), even as everyone else in the media is largely obsessed only with the latter.

There is much, much more in-between our cuts here, including a storyline involving a hacking scandal that mirrors Rupert Murdoch and Newscorp's, but at the core of the recent Season 1 finale of HBO's "must-see" Aaron Sorkin series The Newsroom, was the nationwide Republican voter suppression effort.

Specifically, the finale centers around the GOP-enacted polling place Photo ID restriction laws that may serve to keep tens of thousands, including 96-year old Tennessee resident Dorothy Cooper (who The BRAD BLOG reported on last year) from being able to cast her vote this year, even after she's been legally voting there for 75 years without a problem --- even during the Jim Crow era in the South.

Is Sorkin reading The BRAD BLOG? Among other evidence throughout the season that suggests as much, one character, as you'll hear in the clip below, charges, as we often have, that this issue deserves much greater prominence in the corporate mainstream media. In regard Cooper and the spate of Republican voter suppression laws that may well determine the outcome of this year's elections, the character demands to know: "I wanna know why I don't see it on the news?!...Why isn't this the first story on the news every night?!"...

(For much more of the news monologue by Will Macavoy (Jeff Daniels) on Republicans and the Tea Party in this particular episode, see this version which has received almost 2 million views on YouTube, and includes his entire speech, though it lacks the key hospital scene seen above.)

When we first wrote about The Newsroom in July after its premiere, we suggested that the show was worth subscribing to HBO for, all on its own. While it continues to be flawed in some respects --- most notably in some of its soap opera-ish elements, and some of the casting --- it is still absolutely must-see TV in our opinion.

The show's focus on what it might look like if a mainstream corporate media outlet actually decided to focus on covering the actual news that the nation needs to become a more informed electorate --- exposing the many Breitbartian scams of Fox "News" and today's GOP and the Koch Brothers and their astroturf Tea Party along the way, using real breaking news events and footage along the way --- could well, as we wrote at the time, "change the way actual news is reported in this nation." There is even evidence, perhaps, that it may have even already done so, to an extent.

Though the first season is now over, the show has been renewed for Season 2. In the meantime, all of the episodes are available to HBO subscribers via On Demand and HBO GO, so it's still well worth jumping into from the start (the first episode is available to all here), before the next season begins.