Meanwhile...Back up in Wisconsin, where two different courts have already found the Republicans' polling place Photo ID restriction law to be in violation of the state constitution, a decision on an appeal waits at the state Supreme Court.

But, no worries, if that Court also agrees that it's unconstitutional to deny WI voters their right to vote, Gov. Scott Walker is ready to call the state legislature back into an emergency session to try to pass another such law, according to the Journal Sentinel...

Despite the fact that an expert on voter fraud testified during one of the trials last year that there was only one single case of voter impersonation in WI that might have been deterred by such a law over the past 10 years, the Wisconsin State Journal reports that Walker sees this issue as very very urgent --- the only one, in fact, that is urgent enough that he would find it necessary to call for a special session of the legislature, for some reason...

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

This is nothing less than remarkable. The 7th circuit court judge who wrote the majority opinion in the landmark Crawford v. Marion County Election Board case, has now admitted he got it wrong!

"I think we did not have enough information," Judge Richard Posner said in remarks at HuffPo Live today. "If the lawyers had provided us with a lot of information about the abuse of voter identification laws, this case would have been decided differently."

Crawford is the Indiana polling place Photo ID restriction case that went to the U.S. Supreme Court where it was upheld in 2008. It is the case cited, usually inaccurately, by Republican advocates of such restrictions, who argue that such disenfranchising laws are not in violation of the U.S. Constitution. For example, it is the case cited (inaccurately) by TX Attorney General Greg Abbott, in his argument against the U.S. Dept. of Justice's current lawsuit attempting to block the Lone Star State's most recent attempt to institute that voting restriction at their polling places. "The U.S. Supreme Court has already ruled that voter ID laws do not suppress legal votes," Abbott said misleadingly in response to the DoJ's suit, as explained in detail last month by BRAD BLOG legal analyst Ernest Canning.

But, setting aside the misuse of SCOTUS' very limited ruling on Crawford, the remarkable news today comes via UC Irvine election law professor Rick Hasen, who transcribes remarks made today by Judge Richard Posner, author of the original 7th circuit majority opinion in Crawford, now completely recanting his original opinion on the case!

Read this from Hasen. It's amazing...

By now, you've certainly heard of the outrageous 9-hour detention of Guardian journalist Glenn Greenwald's partner David Miranda at Heathrow Airport under Great Britain's supposed "Terrorism Act" over the weekend. As Rachel Maddow amazingly, but justifiably, found it necessary to point out loudly last night, "journalism is not terrorism", and both the British government and U.S. government (which has admitted receiving a "heads-up" about the planned detention by British authorities in advance, but didn't stop it from happening) should be ashamed of themselves and held accountable for the outrage.

Many have opined, since the detention of Miranda, what an outrage something like that would have been had a similar harassment and the seizure of personal property of, say, a New York Times journalist doing his or her job, occurred in this country or by a country so closely allied with the U.S.

Well, before we took our short break last week, I had been covering some of the increasing citizen protests in several states around the U.S. in reaction to the extreme and radical Republican policies being put in place by states where the GOP has recently taken control of state government. I covered the ensuing arrests of an 83-year old Korean War vet peacefully demonstrating for voting rights in NC (as he did with MLK in Selma, AL in 1965) and of an 80- and 85-year old couple in WI arrested in a crackdown by Republican Gov. Scott Walker's Capitol Police for participating in a daily protest sing along in the state capitol building.

While I was gone, it seems, things have gotten worse in Wisconsin, as an elected official was also arrested for singing along, and even the editor of a progressive news magazine was arrested for having attempted to record it...

On this week's BradCast on KPFK/Pacifica Radio, I covered both the nation's most extreme voter suppression law in North Carolina (and the facts behind its passage) and the precedent setting verdict in the Bradley Manning case.

But at the heart of it all is something else --- a primal, patriot scream perhaps, as exemplified by the arrest of 83-year old Robert Plummer, Jr. at the state capitol in NC last week (Plummer is a Korean War hero who was also arrested on the Edmund Pettus Bridge with Martin Luther King on Bloody Sunday in Selma, AL during the 1965 march for voting rights, and by the arrests of 80- and 85-year old Joan and Tom Kemble for singing in the Wisconsin state capitol in the same dark week.

The Kembles joined me live on the show to talk about their arrests at the daily sing-along that has been going on every day since Gov. Scott Walker's radical anti-union bill was passed two years ago, and to sing a song or two before their next trip to the pokey for peacefully singing in protest to petition their government for redress of grievances. (Please help all of the WI arrestees pay their legal bills and fines at SolidaritySingAlong.org!)

As usual, there was much more, including Desi Doyen and the latest Green News Report, in between. I hope you'll give it a listen. I think you'll enjoy it.

Download MP3 or listen online below...

It's not only North Carolina which is passing extreme Rightwing laws and then slapping the cuffs on those meddlesome octogenarian war hero delinquents displaying the temerity to exercise their 1st Amendment rights in protest against them.

In Wisconsin, where demonstrators against far Right Republican Governor Scott Walker have been holding a protest sing-along in the state capitol building every single day, without incident, for over two years since the passage of a radical anti-union bill, police have begun to use a similar tactic.

Below is video of Tom and Joan Kemble, the 85- and 80-year old parents of journalist Rebecca Kemble of The Progressive, being hauled away for singing peacefully in the state Capitol last week. Read Kemble's full story here where she notes: "It was awkward to be part of the swarm of journalists crowding around my own parents as the police were closing in on them."

"When Mom was surrounded by cops who were handcuffing the woman next to her and Mom looked her in the eye singing the verse of We Shall Overcome that says, 'We are not afraid,' I burst into tears," writes Kemble. I must admit, so did I when watching the video.

"The courage, care for her friend and incredibly centered and peaceful defiance she showed in the face of the overblown police action was deeply moving," Kemble continued. "And when Mom and Dad were handcuffed and led downstairs singing the words, 'Walker won’t be governor, Walker won’t be governor, Walker won’t be governor someday,' my daughter’s heart swelled with pride."

"So far, seventy-nine Wisconsinites have been arrested and ticketed," at the "Solidarity Sing Along", reports WI native John Nichols at The Nation today, "from 85-year-olds to young moms with kids."

Seriously, what the hell have we come to in this country?!...

[Hat-tip Nicole Desautels Schulte at Facebook.]

UPDATE 8/1/2013: Joan and Tom Kemble were my guests on this week's BradCast. And they even sang for us! Listen here...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.

One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?

More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?

After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...

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IN TODAY'S RADIO REPORT: Weather Whiplash: record May snowstorm in Minnesota, early May wildfires in California; Who paid for last year's billion-dollar record crop disaster? YOU did; Myth-busting: 40th anniversary of Newsweek's "coming ice age" blunder; PLUS: Surprise! Fox 'News' lies about the term 'climate change' ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): What would 'wartime mobilization' to fight climate change look like?; You Won't Believe What's in Your Turkey Burger; Most Americans clueless about global scientific consensus on climate change;
Billionaire Koch Bros attack renewable energy standards in the states & launch new front group; Oslo runs out of garbage, imports it from rest of the world; Climate Change: Top Investors Will Feel Heat of New Epoch ... PLUS: Unburnable Fuel: Either governments are not serious about climate change or fossil-fuel firms are overvalued ... and much, MUCH more! ...

What do Minnesota, Wisconsin, Utah, and Arkansas all have in common? If you said "None of those teams are in the 2013 NCAA Men's Final Four," you wouldn't be wrong this year, though you also wouldn't be correct - at least within the boundaries of our topic for today.

If your answer was, "All four states have experienced massive oil spills within the last year - and three within the last two weeks," you'd be correct, unfortunately.

The latest disaster this weekend saw thousands of barrels of thick tar sands oil spewing from a ruptured Exxon Mobil pipeline into a residential neighborhood in central Arkansas. Twenty-two homes had to be evacuated, in a spill that literally saw oil running down residential streets and between houses. Take a look...

Of course, since it was a holiday weekend, smack-dab in the middle of Congress' latest two-week vacation, it was nearly impossible to find a politician of any kind with something serious to say about the latest disaster. That doesn't surprise us, since politicians of all kinds have been slipping and dancing around the issues of oil and environmental safety for far too many years now.

For all the work the Obama Administration has done on environmental issues --- like requiring much better fuel standards for cars and trucks, or clamping down on emissions --- the fact of the matter is, none of that will matter if President Obama and other politicians don't stop the Keystone XL pipeline route through Nebraska and all the way down to the Gulf of Mexico.

No matter what the decision is on the Keystone pipeline, the most important liquid flowing through Nebraska over the next hundred years won't be oil --- something a task force in the Nebraska Legislature made very clear last week...

Yesterday, a Virginia State Senate committee killed a GOP plan to completely revamp the state's "winner-take-all" electoral vote system despite a last minute change to the bill by its sponsor in hopes of making it more palatable. The original scheme would have awarded electoral votes by Congressional district instead of "winner-take-all". Had that plan been in place in 2012, Mitt Romney would have been awarded 9 electoral votes to Obama's 4, despite the President winning the popular vote in the state by some 150,000 votes and being awarded all 13 of the VA's electoral votes.

The bill's author, Republican Sen. Charles W. "Bill" Carrico, tweaked the bill at the last minute, so that electoral votes would be awarded proportionally, based on the popular vote, rather than by Congressional district. It didn't help. The scheme was defeated in committee by a bi-partisan vote of 11 to 4.

Before that scheme was killed in the VA Senate on Tuesday, I appeared on The David Pakman Show, via Skype, to discuss that and related issues, including the impending U.S. Supreme Court threat to the very important Section 5 of the Voting Rights Act...

In "High Cost of Willfully Misinterpreting the 2nd Amendment" we touched upon the price the American people have paid in lives, injuries and grief, as measured against the extraordinary profits of U.S. small arms manufacturers whose domestic sales of increasingly sophisticated weapons, including the AR-15 and AK-47 styled assault rifles, similar to the one used in the mass shooting in Newton, CT last Friday, climbed to 14 million guns in 2009 alone --- greater than the total number possessed by 21 of the world's standing armies combined.

As the nation reels in the wake of the latest horror at the Sandy Hook Elementary School, it seems a worthwhile task to take a quick look at a partial history of mass shooting events in the U.S., starting with the 1966 University of Texas massacre so that we can take stock of what our nation's strange fascination with guns and ammo has truly wrought --- with increasing frequency since the Federal Assault Weapons Ban expired in 2004...

There is a little known ritual that occurs in the election years when Democrats prevail: Big "Conservative" Media starts to pull progressive talk radio off the air.

I documented this in my 2009 documentary film, Broadcast Blues: after Democratic candidates made big gains in 2006, Clear Channel and other public airwaves radio licensees pulled several well performing progressive talk radio stations off the air, and replaced them with sports and other programming. It would be easier to understand if the new programs got big ratings bumps, but that didn't happen. The new shows' ratings are typically only half those of Progressive Talkers.

True to form, Clear Channel Communications, which owns about 850 radio stations nationwide, took the Progressive voices off of the public airwaves in Portland, Oregon just days after Democrats won big nationwide. When devoted listeners tuned in to Portland's 620 AM, they expected to hear Thom Hartmann, Mike Malloy and other Progressives waxing exuberant in the wake of this year's election results and looking forward to new possibilities in the new session of Congress under a wildly popular re-elected President. Instead, they heard fans exuberant over some football game or other. FoxSports620 now broadcasts over that 25,000 watt frequency on our public airwaves.

Bye bye lefty talk, hello left-handed quarterbacks.

It isn't like Portland needs another sports radio station; there are already two in that very same market. But the community does need to hear an alternative to the "conservative" talk which is broadcast on eight, count them, eight separate frequencies on Portland's radio dials.

But as of November 9th, as reported here on The BRAD BLOG, Portland joined the ranks of the other 95% of the country which can hear many stations spewing Right Wing propaganda [PDF], but not a single one broadcasting progressive points of view. A few days later, we learned that the CBS-owned Progressive station in Seattle --- also in one of the most progressive cities in the nation --- is scheduled to disappear, most likely on the first of the year. It's KPTK caller letters have already been changed to KFNQ (Fan Q) in preparation for the all sports station it is scheduled to soon become, unless something changes.

Take a look at these maps from Broadcast Blues, graphically representing the number of Rightwing vs. Progressive radio stations as of 2009....

The Center for Media and Democracy (CMD), which had previously filed an ethics complaint against 43 Wisconsin state legislators, alleging that their relationship with the American Legislative Exchange Council (ALEC) violated the Badger State’s ethics and lobbying laws, announced that they, together with Common Cause, have prevailed in a separate lawsuit filed against five Republican state legislators whom they alleged sought to conceal ALEC-related records by placing them in their personal email accounts.

In their formal settlement agreement [PDF], the five Republican legislators acknowledged that they were not relieved of their obligation under Wisconsin’s Public Records law to provide such public records, even if the records were located within their personal email account. They agreed to provide the requested records and to reimburse CMD and Common Cause for $2,519.50 in attorney’s fees and costs.

We're still having trouble, of late, keeping up with all the chicanery, dirty tricks and skullduggery now rolling across the country. So here, once again is our very quick take on just some of the most noteworthy items over the past few days that you'll want to keep in mind as we creep towards Election Day next Tuesday...

• CBS Radio Affiliate in PA Inaccurate Says Photo ID Needed To Vote: "CBS Pittsburgh radio station KDKA...is running an ad claiming that voters will need photo identification to go to the polls on November 6th, despite the fact that while voters may be asked to show ID, it is not required to vote. The ad aired on October 26," despite the fact that it's been almost a month since the PA courts determined that no Photo ID will be necessary to vote this year in the Keystone State. The ad says: "The Voter ID law was just recently signed by the governor ... You're not going to be allowed to vote unless you present an acceptable photo identification. Get to a PennDOT licensing center and get a photo ID at the drivers' license center." The ad is completely inaccurate.

• Broward County, FL Early Votes Disappearing?: Just one of the many reasons we advise against early voting, unless it's absolutely necessary: "An analysis of the unofficial totals by early voting location on the Broward Supervisor of Elections website from Saturday, compared to the tallies posted on Sunday, shows that in one location, the E. Pat Larkins Community Center, located on Martin Luther King Blvd. in Pompano Beach, the revised totals showed 1,003 fewer votes. The initial tally reported from the polling place in the heavily black neighborhood showed 2,945 votes, but the revised tally was 1,401. Across the 17 Broward polling locations, 15 saw their vote totals revised, mostly by minute amounts of between 1 and 7 votes. But the three more significant changes, including the addition of 398 votes in Tamarac (a racially mixed community) and adding 99 votes to the totals from Pompano Beach City Hall, whose demographic is majority white." ... Political consultant David Brown, who is working for three Broward candidates, "said that when he inquired about the numbers, he was told by the elections office that the changes had resulted from a 'computer glitch.'"

• Loophole in FL Law May Disenfranchise Absentee Voters: Not sure this is necessarily in the "War on Democracy" category, but Michael C. Herron and Daniel A. Smith have found a very interesting, if troubling, quirk in FL law that could result in legal voters being disenfranchised if they cast their absentee ballot and then move to a different county and re-register there before Election Day. Best to read their take to fully appreciate it, though it makes us wonder how many other states around the country have a similar loophole in their absentee ballot and registration laws and how many voters could actually be affected by such a loophole.

• Romney Campaign Training WI Poll Watchers to Lie: "One blatant falsehood occurs on page 5 of the training packet, which informed poll watchers that any 'person [who] has been convicted of treason, a felony, or bribery' isn't eligible to vote. This is not true." ... "The training also encouraged volunteers to deceive election workers and the public about who they were associated with. On page 3 of the packet, Romney poll workers were instructed to hide their affiliation with the campaign and told to sign in at the polls as a 'concerned citizen' instead." After the story was published, "the Romney campaign's schedule of poll watcher trainings was changed to private."

Update: Romney Poll Watchers also being mis-trained in Iowa, being told that Photo ID is required to vote there. It isn't.

• Keep an Eye on Colorado: So recommends Bev Harris of Black Box Voting, and for very good reason. Not only is CO a key battleground this year, said to be a virtual tie in most of the polls, but "Colorado election integrity and transparency is now officially out the window, with a series of corruption protection rules and new laws." Among those laws? Ballots that can be tied back to the voter; A new law that makes ballots and other election materials no longer public records, at least not before 45 days after an election; Extreme Tea Party Rightwing Sec. of State Scott Gessler's new rules that "remove requirements for continuous video surveillance" under the guise of "cost-saving"; the reduction in the number of so-called tamper-evident seals on voting machines; and more...

• GOP Says Votes Flipping From Romney to Obama on Touch-screens in 6 States [PDF]: We've only seen a few reports of this, but don't necessarily doubt it. While, historically, most touch-screen votes flip away from Ds, we've seen reports of them flipping to Ds on a few occasions as well. Either way, these systems are 100% unverifiable (with or without a so-called paper trail print out, as some have) and should never be used in any American election. The GOP has sent their letter to Secretaries of State in NV, OH, KS, MO and CO, and the Executive Dir. of the Election Board in NC. Three of those folks are Ds, three are Rs. The letter requests that they "Make arrangements for additional technicians on Election Day in case of increased calibration problems." Of course, when machines flip votes, they should be taken out of service, not re-calibrated when they are in "Election Mode" and most sensitive to manipulation. The letter also foolishly asks for signs to be posted warning voters to "double-check that the voting machine properly recorded their vote", which is, with these sorts of machines, scientifically impossible.

• Legal Voters With Library Cards Forced to Vote Provisionally in Shelby County (Memphis), TN: "A Shelby County election official said voters who are showing up at polls with only a Memphis library card as their photo identification are being given provisional ballots. ... Shelby County Election Commission Chairman Robert Meyers said Monday that he's working to find out how many voters have been given provisional ballots after showing their Memphis library card during early voting ahead of the November 6 election. ... The state Court of Appeals ruled [last] Thursday that a new law requiring voters to show photo ID at the polls is constitutional but also said the library card qualifies as a government-issued photo ID. State election officials filed an appeal with the state Supreme Court on Friday, arguing that the Memphis library ID should not be allowed because it wasn't issued by state government." This Thursday, the Supremes decided that library cards may be used as voting ID, but will review the case in full after the election.

• Funder of Those Voter Suppression Billboards in WI and OH Identified: Last week, we told you about those "Voter Fraud" billboards placed throughout minority neighborhoods in OH in WI, by an unnamed family foundation, and that Clear Channel finally agreed to take them down. This week, the folks at theGrio and One Wisconsin Now figured out who paid for them. You'll be shocked to learn it was a Rightwing hedge fund manager who says he was only try to perform a "public service because voter fraud - whether by Republicans or Democrats - undermines our democratic process." He failed to explain why his "public service" billboards only appeared in minority neighborhoods.

One Wisconsin Now notes that "In 2010, [Reince] Priebus [who is from Wisconsin, but is now the RNC Chairman] was cited by name, in an aborted voter caging plot targeting minorities and college students involving the Republican Party of Wisconsin, Americans for Prosperity and Wisconsin's Tea Party leaders, including documents that referenced 'billboards' as part of the scheme multiple times. ... That this anti-American garbage is turning up in other states now that Priebus is running the RNC is of no surprise to us in Wisconsin given his career of scheming to deny legal voters their right to the franchise."