As we reported last September, the U.S. Dept. of Justice found that the state Republicans' Congressional redistricting map for Texas, as signed by Gov. Rick Perry, was in violation of the federal Voting Rights Act. The DoJ found that the new plan --- which added four Congressional seats in the state after an increase in population was found by the 2010 Census --- was purposefully discriminatory against minority voters.

The DoJ asserted that the plan "was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to the Texas House of Representatives."

Texas appealed that ruling to a Federal District court which made its ruling yesterday. They agreed with the DoJ that the state was discriminating against it's own minority citizens, as Ari Berman reports at The Nation...

Berman has more details on the specific findings in the ruling, and notes that a lawsuit filed by civil rights groups late last year asserts that "even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts." He also notes that the court found "Texas Republicans not only failed to grant new power to minority voters in the state, they also took away vital economic resources from minority Democratic members of Congress."

The state may now, and likely will, appeal the ruling to the U.S. Supreme Court. In the meantime, says Berman, "An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election."

Earlier this year, the DoJ similarly rejected a new polling place Photo ID restriction law enacted by Republicans also in violation of the Voting Rights Act. Based on two differing sets of data supplied by the state, the DoJ found [PDF] that currently registered Hispanic voters were anywhere from 46.5% to 120% more likely than registered white voters to lack the type of state-issued Photo ID which would now be required to vote under the GOP's new law.

The state appealed that ruling as well to the same federal District Court panel in D.C. which heard the redistricting case. Their ruling on the Photo ID restriction law is expected very soon.

UPDATE 8/30/12: The federal court has similarly rejected the Texas Republicans' polling place Photo ID restriction law, finding it, like the Congressional Redistricting map, to be purposefully discriminatory against minorities. Full details on that ruling now here...

Guest blogged by D.R. Tucker

Mike Lofgren's new book, The Party Is Over: How Republicans Went Crazy, Democrats Became Useless, and the Middle Class Got Shafted, will certainly motivate the actual patriots in the United States --- and alienate those Americans who merely call themselves patriots.

Lofgren, who spent nearly three decades as a Republican congressional staffer working at various points for then-Rep. John Kasich of Ohio and then-Sen. Judd Gregg of New Hampshire, garnered national attention last year for a Truth-Out.org piece entitled "Goodbye to All That: Reflections of a GOP Operative Who Left the Cult."

In that piece, he famously declared, "The Democrats have their share of machine politicians, careerists, corporate bagmen, egomaniacs and kooks. Nothing, however, quite matches the modern GOP."

The Party Is Over is more than an extension of the Truth-Out piece; in fact, it is the best description of the intellectual and moral collapse of Washington since Sam Tanenhaus's The Death of Conservatism…

Guest blogged by Ernest A. Canning

When the new Congressional map was first produced by the non-partisan California Citizens Redistricting Commission, CA's GOP leadership expressed concern that it might lose up to five of its nineteen Congressional seats in the bargain.

Although its legal challenge to redistricting was rejected by the CA Supreme Court (a majority of whom were appointed by Republican Governors), the June 5, 2012 "Top Two" open primary (aka "Cajun Primary") contests, approved by a 2010 ballot initiative, may allow for GOP pickups, even in areas where Republican voters represent the minority.

One example is in the newly created CA-26 Congressional District, which reveals a potential formula by which the GOP can overcome adverse party registration numbers --- in that case, 40% (D), 36% (R), 19% (I) --- in order to seize a Congressional seat.

Because four Democrats are competing in the CA-26 primary, long suffering progressives, including this writer, who had previously been forced to cast a protest vote in the now defunct, heavily gerrymandered CA-24 District of the outgoing, extreme right-wing Republican Elton Gallegly, may awake on June 6 to the reality that, come next November, they will be forced to choose between a 'Tea Party' Republican and a County Supervisor who "changed her voter registration...from Republican to 'no party preference' in preparation for her bid for Congress"...

Tuesday's election are being called "Super Tuesday" by some in the media hoping to hype the four-state Election Day as a bellwether for the "anti-incumbency fever" predicted by the same media for this November.

But beyond the marquee races in each of the states holding elections tomorrow --- Kentucky, Pennsylvania, Pennsylvania, Oregon (and Hawaii is currently holding an all-mail special election which ends on Saturday) --- as usual, we'll be keeping our eyes on whether voters are actually able to cast their votes, and whether or not those votes are actually counted and counted accurately.

The mix of states holding elections tomorrow also offer a mix of electoral systems --- from a majority of voters using 100% unverifiable touch-screen machines in use in KY and PA, to a compilation of touch-screen and paper ballot systems run by a company with a disastrous reliability record in AR, to the black hole of all mail-in voting in OR (and in HI).

Remember, whatever happens or gets reported (or doesn't) on Tuesday, it's often the case that concerns about failures in the system don't necessarily become immediately apparent on Election Day itself. Sometimes problems in the system and in the tallies do not begin to emerge until days, weeks, and sometimes even months after Election Day. So whatever we see in the surface reports tomorrow, for good or bad (and, as usual, you can count on various reports of "glitches," "hiccups," "snags," and "snafus" which use those words to marginalize problems, instead of the correct word: "failures") may just be the tip of any electoral icebergs beneath the surface. As usual, eternal vigilance by the citizenry is the hallmark of the ongoing fight for electoral integrity and transparency in these United States.

Here then is a general BRAD BLOG backgrounder on each state heading to the polls, its marquee race or races, the electoral systems used in each, and what you can do to help keep an eye out for any election integrity issues as they could emerge...

I've had this picture in my mind lately, an editorial cartoon-like drawing, of a dam about to break and someone (Obama?) leaning hard up against it in futile hopes of keeping it from bursting forth. The dam and its contents, in my mind's eye, are labeled "Bush Administration Crimes and Failures." I've been pondering, over the last several days, how we're soon likely to learn that everything we think we already know about the historically-unparalleled failures, crimes and cover-ups of the Bush administration, will likely prove to be barely the tip of the iceberg as the Bushies lose their power, and "the files" are finally opened for all to see.

It's likely to take years, after President Obama is sworn in next week, to unearth the entire breadth of the degradation, filth, corruption and dismantling of federal law and U.S. Constitution under the current administration, and to piece together all of the unshredded and likely-shredded evidence both, and to take in the information likely to pour forth from officials and former officials who finally find the courage to tell the world just how bad it all really was and is (even if many of them would now be doing so only to salvage their own hide.)

One hint of what will be found beyond the tip of that iceberg, or inside that near-to-bursting dam (take your metaphorical pick) comes in today's remarkable report [PDF] from the DoJ Inspector General on the illegal politicization of the hiring practices at the DoJ's Civil Rights Division and "other improper personnel actions" in the division.

It's remarkable on several fronts. Not only because it describes the politicization of the department under the Bushies, their strictly illegal hiring practices; their determined dismantling of a core of career attorneys devoted to years of legal-processes in the fight for civil rights; as well as perjury and out-and-out lying to Congress, but also because the report itself --- in one last classic stroke of corrupt Bush Administration gaming of the system --- was completed last July, prior to the election, but held for release until today, just 7 days before the criminals (or at least those who won't be still-embedded like cancer cells within the federal buearocracy for years to come) take their leave.

And, as if all of that isn't bad enough, with the out-and-out finding of criminal wrongdoing in the report (such as illegal hiring practices and lying about them to Congress), the Bush Administration's own DoJ has decided that no prosecutions should be brought against the Bush Administration's own DoJ for the Bush Administration's own DoJ's now-well-documented actions in breaking federal law.

The bastardization of the DoJ Civil Rights division is a topic which we've covered closely over the years here at The BRAD BLOG, and even played a part in helping to expose, for example, when the head of the Voting Section in that division, John Tanner, was forced to resign from his post, not long after we'd video-taped and published controversial (and inaccurate) comments he made at a 2007 conference in Los Angeles declaring that disenfranchising Photo ID restrictions at the polling place were more of a concern for the elderly than for African-Americans because "minorities don't become elderly the way white people do. They die first."

(See our now-infamous video, shot by our own Alan Breslauer, at right.)

As today's (actually July's) report reveals, that wouldn't be the only unfortunate --- and one might say, "ironic", given his position --- derogatory remark made about African-Americans by Tanner. But the bulk of the report, it seems, is devoted to one Bradley Schlozman, who insidiously twisted the mission of the Civil Rights division, brought political prosecutions in order to try and affect the outcome of elections, in violation of written DoJ policy, and attempted (and arguably succeeded) in helping to engineer an outright illegal, and ideological purge --- an ethical cleansing, if you will --- at the department, in an attempt to stack it with far rightwing brethren from the Federalist Society, or "right thinking Americans" (RTAs), as he referred to them among friends...

The beloved 40 year-old Voting Right Acts, implemented by Lyndon B. Johnson after violence and death to Voting Rights activists in Selma, Alabama in 1965 has been all but gutted by the George W. Bush administration. The VRA celebrated it's 40th anniversary this summer, even as Bush's Department of Justice was destroying one of its most important measures by covert political caveat.

That gutting now appears to be becoming a still greater threat to our democracy as it is being institutionalized by recent policy changes which bar career Voting Rights staffers and attorneys in the DoJ from offering opinions on new laws that fall under the jurisdication of the VRA.

Two recent reports by Dan Eggen of the Washington Post revealed that Bush political appointees in the DoJ has overruled the recommendations of career staffers and attorneys in the Voting Rights division tasked with determining the legality of two separate laws sent to the department for "pre-approval" under Section 5 of the Voting Rights Act.

Section 5 requires that states with a history of discriminatory election practices --- like Texas and Georgia --- must receive pre-approval from the DoJ before implementing any changes to their voting systems. It prohibits "retrogressive" changes to voting laws, or laws that would bring harm to minority voters.

In the last several weeks Eggen has reported on remarkable memos leaked by DoJ staffers showing that they had recommended against approval of new laws both in Georgia, where the legislature had insituted a new Photo ID requirement at the polls, and in Texas, where then Majority Leader Tom DeLay (R-TX) had helped to redistrict the state to allow for more Republican representatives after the GOP gained control of the state house in 2002.

Georgia's law has since been ruled unconstitutional by two Federal Courts who deemed the law to be a "Jim Crow-era Poll Tax". Texas' law has resulted in 7 additional Republicans in the U.S. House of Representatives. The fallout from the DeLay led gerrymander of Texas districts has resulted in several indictments for DeLay and his cronies who helped force it through the legislature and allegedly conspired with the Republican National Committee to launder money in support of GOP candidates running for the new seats. The Texas law, which had been unanimously recommended against by 8 DoJ staffers, including the lead attorney in the Voting Rights Act division, still stands.

Today Eggen reports that such staff opinions are now completely banned in Bush's Department of "Justice"!

The one ray of hope that Eggen offers is that Sen. Arlen Spector (R-PA) is considering Senate Judiciary Committee Hearings...at least on the Texas redistricting case.

We often bristle when we hear those on the Left criticize the Bush Administration as Fascistic. It's simply too easy to ascribe to them the worst possible traits as a blunt political weapon. But if the issues discussed above don't send a shiver down the spine of every democracy-loving American it's either because they don't understand what's actually at stake --- and being dismantled in the process --- or they simply don't give a damn about this country's most important legacy to the world: A free and fair electoral system where all citizens are given an equal voice in the selection of our leaders...or at least a system as close to that as we can possibly muster.

Our Republic is in grave danger.