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

The case against North Carolina's radical voter suppression law begins hearings today, as the U.S. Dept. of Justice, the ACLU, the League of Women Voters and other plaintiffs seek a preliminary injunction on the most sweeping and restrictive "election reform" bill in the nation.

After Republicans took over both the legislature and the Governor's office in the Tar Heel State for the first time since Reconstruction, they instituted what we described after passage of the law in 2013 as "the nation's most restrictive voter suppression law".

In addition to draconian polling place Photo ID restrictions (despite any evidence of in-person voter impersonation in the state), the legislation also shortens the early voting period; eliminates NC's very successful same-day voter registration program; eliminates pre-registration for 16- and 17-year olds; bars counting provisional ballots cast in the right county but wrong precinct; prohibits extending poll hours even for extraordinary circumstances such as long lines; allows any registered voter in a county to challenge the eligibility of anyone else to vote in the same county; and much more.

Virtually every anti-voting provision that has been passed or attempted to be passed by Republicans across the country was included in NC's legislation. After House Bill 589 --- known officially as the Voter Information Verification Act (VIVA) --- was originally adopted in July of 2013, then signed days later by Gov. Pat McCrory (R), we explained it to be "the whole ball of wax. Everything that a Republican desperate to stay in power by keeping legal (Democratic-leaning) voters from being able to cast their legal vote could ever want, short of a provision declaring outright that 'Non-Republican voters need not apply'."

As the hearings begin, the Winston-Salem Journal's coverage over the weekend drew a bead on just how transparently partisan this legislation is, as it ballooned from 16 to 57 pages just days after the U.S. Supreme Court gutted the federal Voting Rights Act, before the law was adopted by both the state House and Senate in just two days...

If the race for Sec. of State in Ohio is any indication, we may have still more evidence now to suggest that the decade-long Republican effort to enact disenfranchising poling place Photo ID restrictions, under the guise of fighting "voter fraud", may be turning a corner toward its final end as a viable GOP voter suppression strategy.

In May we wrote an article titled "Peak GOP 'Voter Fraud' Fraud?", offering several disparate clues to suggest that the well-funded, well-organized, initally under-the-radar national effort by Republicans to disenfranchise Democratic-leaning voters by requiring state-issued Photo ID they knew that many of them did not have, was headed towards a slow, but inevitable death.

That article followed on the heels of a seemingly devastating blow to Wisconsin's Photo ID restriction law by a federal judge who struck it down, finding in his landmark ruling that the statute was in violation of both the U.S. Constitution and the federal Voting Rights Act, and that it was "absolutely clear" that the GOP-enacted law in the Badger State would "prevent more legitimate votes from being cast than fraudulent votes."

Our legal analyst Ernie Canning analyzed the WI ruling along side the other federal challenges against similar laws that are still pending in states like Texas, North Carolina and Arkansas, to suggest the WI decision "does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading 'facts', wild claims and dishonest interpretations of case law and court precedent." His legal analysis attempts to explain why the WI case "would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions."

We'll see if we're right in the months ahead, but the race for Secretary of State currently under way in Iowa to replace the incumbent Republican SoS --- one who had been embarrassed to find next to no "voter fraud" after running in 2010 on the notion of stamping it out --- suggests that even Republicans are moving on to other ideas...

Despite having their own 100-foot buffer zone of protection at the Court, the U.S. Supreme Court Justices unanimously struck down Massachusetts' state-wide 35-foot buffer around reproductive healthcare clinics in this country with their McCullen v Coakley decision today.

They have just announced that it is 'Open Season' on reproductive healthcare clinics in this country.

According to SCOTUS blog, where the decision was being reported live, the issue is about restricting free speech in public spaces: "A state can go beyond narrow laws that block obstructions to clinics, and more broadly ban abortion protests, only if it builds a record showing that the narrower measures don't work." (More at scotusblog.com)

I am a long-time clinic defense escort volunteer in cities from Los Angeles to Chicago to New York. The idea that the people standing outside clinics screaming and yelling, chasing people into the streets, surrounding medical transport vehicles and threatening staff are there for First Amendment expression reasons would be laughable if the potential for violence wasn't so real. They show up to intimidate patients and companions and terrorize communities.

More than 300 acts of violence were committed against reproductive healthcare clinics just between 2010 and 2012. That includes eight murders and seventeen attempted murders since 1991. More than 80% of facilities have called the police and National Abortion Federation members overwhelmingly report that buffer zones prevent violence and make staff and patients feel safer.

Apparently intimidation and terrorizing those seeking legal medical procedures is now an important First Amendment expression of "free speech", according to the Supreme Court Justices. The Court has weighed the safety of healthcare providers and American citizens against potential violence and has decided they aren't worried...

The case against Wisconsin Gov. Scott Walker (R), charging that he ran a "criminal scheme" by coordinating his 2012 recall election campaign with about a dozen "outside" groups, is about much more than just Walker and his corruption.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Brendan Fischer, general counsel at the Center for Media and Democracy about what could be the very last piece of campaign finance law to fall in the wake of 2010's Citizens United and 2014's McCutcheon rulings by the U.S. Supreme Court. Depending on how the challenge against the case against Walker goes, there may be nothing left that keeps candidate campaigns from putting unlimited, undisclosed millions to work in buying our elections. In short, as I discussed with Fischer, democracy could well become even more hosed than it already is in this country. Who knew that was even possible, at this point?

Also, on this very busy BradCast on a very busy day: "the most prolific multiple voter in memory" (a case of massive GOP voter fraud in WI); the shadowy Photo ID initiative that went down in flames in CA; the terrible "recount" bill in CA that has now been (largely) killed following BRAD BLOG's recent exposé; a word or two about the latest absurdity in the GOP's pretend IRS "scandal"; and, as usual, Desi Doyen with the latest Green News Report and a some utter nonsense from Fox and Friends.

All of that and more (seriously) in this week's insanely busy BradCast! Enjoy!

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

Here's a bit of good news for California voters for a change: an effort to place a measure on the November 2014 ballot that would have implemented polling place Photo ID restrictions on voting in the Golden State has failed to gather enough signatures to qualify.

Similar voting restrictions enacted by Republicans around the country have recently been found to be in violation of both the U.S. Constitution and the federal Voting Rights Act. See this recent federal court ruling in Wisconsin, for instance, or this state ruling in Pennsylvania.

Despite those recent blows and others to GOP efforts to implement such policies, the aborted effort in California, headed up by a shadowy organization calling itself GuardMyVote.org, would deny the right to vote to otherwise legal voters who failed to present very specific types of Photo ID at the polls, or a photocopy of same for absentee voters. The legislative language of the detailed 7-page initiative [PDF] would have required voters to present a Photo ID with an expiration date that, among other requirements, "was issued by the United States or the State of California (excluding public colleges and universities)."

Why state-issued Photo ID from public colleges and universities would not have been acceptable is not stated in the proposed measure, but similar GOP-enacted Photo ID restrictions in other states have been found by courts and academic studies alike to disproportionately discriminate against those who tend to vote Democratic, including minorities, the elderly, the poor and student voters.

Had the initiative made it onto the ballot and then been adopted by California voters, it would have taken effect on January 1, 2016, just in time for that year's Presidential election cycle. The failed effort may also prove to be a dodged bullet for Pete Peterson, the state's 2014 Republican nominee for Secretary of State who would have also been on the same ballot. Peterson managed to dodge some of The BRAD BLOG's specific questions about his position on such initiatives in "blue" California.

In a short search, the only names The BRAD BLOG has been able to find involved in the failed CA Photo ID measure appear to be two Rightwingers, though it's unlikely that either crafted the detailed legislative language of the proposal. The woman who submitted the initiative to the state identifies herself as a "conservative" talk radio host who broadcasts out of Palm Springs, even though, as the summary of the initiative [PDF] created by the state Legislative Analyst and Director of Finance found, the fiscal impact of the initiative was anything but conservative. The initiative, if adopted, would have included increased costs to state and local governments "potentially in the range of tens of millions of dollars per year" and required a potential increase in state funding of elections to the tune of "about $100 million," according to the legislative analysis.

The slick GuardMyVote.org webpage describes the group as a "pending" non-profit, non-partisan 501(c)4 social welfare organization. According to the site's "About Us" page: "Guard My Vote is a non-profit volunteer organization dedicated to protecting the integrity of the vote and the voter rights of all eligible California citizens, native born or naturalized."

The site accepts contributions but offers no information on exactly who they are, or who has funded either the initiative or the website. For all of their claims about "integrity," the site fails to list a single name or organization backing the initiative, so we had to do a bit of digging...

Just getting back on the grid today after a few days off of it, so getting caught up with much, including today's release of the legal memo [PDF] detailing the Obama Administration's claim of legal authority for the 2011 targeted drone killing of U.S. citizen and alleged terrorist Anwar al-Awlaki in Yemen.

(Three other U.S. citizens were also killed in drone strikes abroad, including al-Awlaki's 16-year old son one month after his father, though the Administration contends those killings were incidental deaths during strikes targeting others...as if that makes them less awful somehow? In any event...)

As the Washington Post notes, portions of the document are redacted, including "paragraphs that presumably explained why the Justice Department's Office of Legal Counsel determined that killing Awlaki in a drone strike would not violate the Fourth Amendment, which guarantees due process to U.S. citizens accused of crimes."

The paper adds, however, that "the memo provides previously unknown details about the reasoning behind one of the most controversial counterterrorism operations carried out by the U.S. government since the Sept. 11, 2001, attacks."

But what caught my eye in particular today, was the Congressional Progressive Caucus' somewhat snarky, if very clever, promotion of their press release in response to the released (and redacted) memo, which Roll Call's Steven Dennis describes as "Progressive Caucus Trolls Obama on Drone Memo"...

Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

[Ed Note: Be sure to check out the great photos added at the bottom of this post! - BF]

To head into the weekend with some good news, a federal judge has now overturned Wisconsin's ban on marriage equality. So freedom comes to the Badger State, despite its Governor, Scott Walker's continuing effort against such freedom, and against Constitutionally conservative values. It's hardly the first time Walker has been on the wrong side of the Constitution, the wrong side of conservatism, and the wrong side of history.

"Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution," U.S. District Judge Barbara Crabb wrote in her 88-page ruling [PDF] striking down a state constitutional amendment passed in 2006, finding it in violation of the U.S. Constitution.

There's a bit of a legal skirmish ongoing tonight in the state, as Crabb did not stay her ruling pending the inevitable appeal, though suggested she might do so later after hearing responses from both sides of the lawsuit which was filed by the ACLU on behalf of eight gay couples.

State Attorney General J.B. Van Hollen has vowed to appeal, just as he did recently after losing the federal challenge to state Republicans' polling place Photo ID voting restriction. That statute, enacted by self-described "conservatives", was found by U.S. District Judge Lynn Adelman to have placed draconian and discriminatory restrictions on yet another American freedom (the right to vote) in violation of both the Wisconsin state and federal Constitutions.

"Current law remains in force," Van Hollen says tonight about the ban on marriage equality, though few seem to be listening or agreeing. According to the Journal Sentinel, County Clerks in Dane and Milwaukee Counties have announced they will begin issuing marriage licenses to same sex couples immediately...

A very lively BradCast this week on KPFK/Pacifica Radio.

First up, a bit of a rant on a few different things, including the good news/bad news results of California's primary election for Secretary of State and the disenfranchised voters this week in Alabama's primary (and beyond!)

Next, Desi Doyen joined us for an extended Green News Report to discuss the Obama EPA's landmark announcement of newly proposed nationwide CO2 emissions reduction and the fossil fueled freakout that followed.

Finally, listener phone calls on all of the above and more! Please enjoy it!...

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

P.S. The BradCast, as well as the Green News Report, as well as The BRAD BLOG for that matter, are sponsored only by you. Please consider donating to our efforts to inform the world about stuff that actually matters...so that we can keep doing so for a bit longer. We really need your support, guys, if you can help out.

Yesterday we covered the story of 93-year old Willie Mims, the African-American man who was turned away from the polling place in Alabama for lack of a Photo ID, after having voted successfully in nearly every election since WWII.

Mims had a drivers license, but it had expired. So, according to the polling place Photo ID restriction law enacted by state Republicans, even though Mims would have had his photo on it and even an address that matched his voter registration, he was not allowed to cast his vote during yesterday's primary election.

But Mims was hardly the only one who was kept from voting yesterday, under the first official statewide run of the AL GOP's polling place Photo ID law. (The law was passed in 2011, but didn't take effect until now, since the state was waiting for the U.S. Supreme Court to knock down the section of the Voting Rights Act that would likely have blocked the racially discriminatory statute from taking effect.)

Kay Campbell of AL.com shared this story yesterday of another long time voter who lost her right to vote thanks to the same law...

As we also noted yesterday, via MSNBC's Zachary Roth, Alabama has a loophole built into the law, which the NAACP Legal Defense fund describes [PDF] as "an illegal relic of the Jim Crow South". It allows a voter without the very specific state-issued Photo ID now required to cast a ballot, to vote anyway so long as two poll workers at the precinct can vouch for them.

Campbell reports that Libba Nicholson, the neighbor who drove the elderly woman to the polling place, "said that the woman in charge of the Help Desk asked the other poll workers if any of them recognized her - just one more verification would have done it, Nicholson said, but no one did."

And then there was this...

It was Primary Day in Alabama on Tuesday and the first time since passage of the law that the state's Republican-enacted polling place Photo ID restriction on voting has been in place. Sure enough, the voter suppression law was successful, as voters were immediately disenfranchised by the new restriction, according to Zach Roth at MSNBC...

Mims, as he explains in the video below, first voted back during WWII. He says he's voted in almost every election since then. Until now...

After a couple of weeks off for the latest KPFK/Pacifica Radio fund drive, The BradCast was back at full throttle this week!

First up: Fred Karger joined us from the airport in Maine, fresh off his latest victory against the anti-freedom group calling itself the National Organization for Marriage (NOM). Karger, a Republican and long time political consultant for campaigns such as those for Gerald Ford, Ronald Reagan and George H.W. Bush, was also the first openly gay candidate for President of the United States when he ran for the GOP nomination in 2012. On Tuesday, the state of Maine levied a record fine of more than $50,000 against NOM after finding, based on a complaint filed by Karger, that the group committed egregious campaign violations in their $2 million effort to ban marriage equality in the state 2009.

We discussed that, his similar victory out in California against NOM and the Mormon Church, the remarkable recent string of court victories in the marriage equality movement, and why the hell Karger is still a Republican.

Next up: My round-up of the woeful state of the CA Sec. of State's race, which holds its primary next Tuesday. From the Democratic candidate (Padilla) who willfully misled the public about his radical e-vote reform bill; to the other Democratic candidate (Cressman) who is great on campaign finance reform, but not as great on voting systems; to the Republican candidate (Peterson) who just can't seem to denounce disenfranchising polling place Photo ID laws, even though he claims to be against them; to the Green Party candidate (Curtis) who would love to see Internet Voting, but is now threatening to sue me and The BRAD BLOG for pointing that out to the public (and defaming us to boot!)

Good luck, California!

Finally: As usual, Desi Doyen joins us for the latest Green News Report as the state of California learns the very very sad news that the fracking reserves in the Monterey Shale oil fields have only been over-estimated by some 2300%!

Enjoy!

Download MP3 or listen online below...

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...

This morning, in reporting on 92-year old Texan Ruby Barber's inability to receive a Photo ID to vote under the state Republicans' new law restricting legal voters who don't have a very specific type of ID, we noted that there are hundreds of thousands of otherwise legally registered voters in TX (and millions across the nation), who are likely to find themselves unable to vote at all, unless these purposely discriminatory voting laws are struck down once and for all by the courts.

While the elderly, the poor, students and minorities (all of whom just happen to lean Democratic) are far and away more likely to lose their right to vote under these Republican-enacted restrictions, they are not the only ones at risk of losing their franchise, as evidenced Tuesday during Arkansas' primary election...

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

Here is just one more of the hundreds of thousands of reasons that have led the U.S. Dept. of Justice to file suit against Texas Republicans' polling place Photo ID restriction law.

The same law had been previously blocked by the DoJ and again by a federal court under the federal Voting Rights Act, after the state's own data showed the law discriminated against racial minorities and others, while failing to deter actual voter fraud in the state.

But, literally minutes after SCOTUS gutted the heart of the Voting Rights Act last Summer, the section which was used to strike down the law previously, Texas Republicans announced their intention to re-enact the law which, of course, they knew to be discriminatory.

As the Waco Tribune reports, 92-year old Ruby Barber has tried, but has so far failed, to obtain one of those so-called "free" Photo IDs from the Texas Dept. of Public Safety (DPS), now that one is required for her to cast her legal vote this year, as she had for decades, until now, without a problem.

Barber's story is heartbreaking and maddening but, unfortunately, probably not entirely rare. The DoJ estimated, based on the state's supplied data when the federal agency blocked the law in 2012, "the total number of registered voters [in Texas] who lack a driver's license or personal identification card issued by DPS could range from 603,892 to 795,955."

Barber's driver's license expired in 2010 and she's now having difficulty locating "her nearly century-old birth certificate that she'd need to obtain a voter ID under a new state law." As the New York Daily News reports, the details of Barber's story and her fight to try and cast her vote are simply absurd...