Guest blogged by Ernest A. Canning

Election laws in Wisconsin are not covered by Section 5 of the federal Voting Rights Act, which would otherwise require the Dept. of Justice or a federal panel of judges to "preclear" such laws to assure they are not discriminatory. Thus, it falls to non-governmental organizations, such as the American Civil Liberties Union (ACLU), to take legal action in hopes of protecting Constitutional voting rights for citizens of the Badger State.

That's exactly what the organization did this week, in filing a 54-page federal complaint on behalf of some 17 named plaintiffs --- including elderly, student, minority and even veteran voters --- who may well be unable to cast their once-legal vote under the state's new voter suppression bill passed earlier this year by its GOP legislature and signed into law by its Republican Gov. Scott Walker.

The lead plaintiff in Frank vs. Walker [PDF], the ACLU's class action lawsuit filed in the U.S. District Court for the Eastern District, seeking to halt enforcement of the state's new photo ID voting restrictions, is 84-year old Ruthelle Frank.

As we previously reported, Frank has been a lawful resident of Brokaw, WI since her home birth in 1927. Although she has voted in every election since 1948 and is an elected member of the Brokaw Village Board, she learned that she may be barred from voting come February 2012 because she lacks one of the official photo IDs mandated by that state's new vote-suppressing photo ID law.

She was born at home, without a birth certificate, and will be forced to pay $20 to get one in order to get her supposedly "free" ID to vote. But even that may not be enough. Frank recently learned she may not be able to comply with the state GOP's Photo ID restriction unless she coughs up upwards of $200 to amend the Register of Deeds record of her home, which had misspelled her maiden name.

The feisty octogenarian, however, was not about to quietly accept this assault on a right she had exercised without interference for the past 63 years (see a video interview with her below), and so she agreed to lead the ACLU suit.

The ACLU complaint, however, may serve to be larger than just the 17 voters (and thousands of others included as part of 6 different classes) in the state of Wisconsin. If it succeeds, the lawsuit could have national implications that would go well beyond the question of who gets to vote in Wisconsin in the 2012 Presidential election. The case could serve to reverse the bevy of voter-suppression laws being enacted by Republicans in state after state in the wake of their take-over of statehouses across the nation in November of 2010...

I missed this last week, but as we'd previously covered the stated intentions of Rightwingers to sabotage the 'Recall Walker' effort in Wisconsin by shredding and burning petitions and the death threats reportedly received by supporters of the effort to remove Wisconsin's anti-union Republican governor Scott Walker, I wanted to get this on record here.

Jeffery Karnitz, a 30-year old Wisconsinite, has now been cited with two felony election fraud counts for defacing recall petitions in the Badger State. He now faces a year and half in prison and a $10,000 fine for each count. This genius already has a fairly long wrap-sheet, but more on that in a moment...

Via Tanya Somanader at ThinkProgress...

Add Frank's to the stories of 96-year old Dorothy Cooper in TN who has voted in every election since woman were granted the right to vote, but who no longer may be able to cast her vote on Election Day next year, and 86-year old WWII veteran Darwin Sparks in the same state; along with hundreds of thousands of others who are likely to find themselves unable to cast their legal vote on Election Day next year thanks to new voter suppression laws implemented in about a dozen states by GOP legislatures and governor's since they took control in 2010.

In Wisconsin, where "an estimated 177,399 Wisconsin residents 65 and older do not have a driver’s license or state photo ID — 23 percent of that population," and where Frank may have to pay as much as $200 to cast her legal vote under the GOP's new anti-democratic and anti-Democratic polling place Photo ID restrictions, the non-partisan League of Women Voters has filed suit charging the law is in violation of the state's constitution, as The BRAD BLOG detailed in October. That case is still pending.

Several opponents of WI's Gov. Scott Walker have been receiving middle-of-the-night death threats, as they've been circulating petitions to gather signatures in an effort to recall the state's controversial anti-union Republican Governor.

According to WISC-TV/Channel 3000 in Madison...

The news outlet also reports that yard signs supporting the Recall Walker effort have repeatedly been stolen off the property of several home owners.

Last week, we reported on the plans to sabotage the signature gathering effort being discussed openly on a number of Facebook pages. Walker supporters on those pages had been seen talking about their plans to gather signatures in liberal areas of the state and then burn or shred the petitions, rather than turn them in. One person had claimed he'd "be able to destroy 15-20k signatures" or, if granted access to even more petitions, he'd "be able to destroy upwards of 15-20% of the entire collected ballots in the state of Wisconsin."

Reid Magney, the Public Information Officer for the Wisconsin Government Accountability Board (G.A.B.), the state's top election authority, told The BRAD BLOG via email late last week that defrauding petitions is a felony crime, and that his agency has been in touch with law enforcement about the purported sabotage schemes...

[Now UPDATED with audio archives below!]

We're back! We're guest hosting the nationally syndicated Mike Malloy Show every weeknight tonight through next Wednesday!

As usual, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE 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:

• JOSH HARKINSON, of Mother Jones from Occupy Wall Street in NYC where he's been bringing us some remarkable live reporting on the scene, including this harrowing description of an NYPD cop threatening his life during the eviction at Zuccotti Park last Monday night/Tuesday morning.
• DENISE LOCKWOOD, of the Caledonia Patch, on the alleged plans by supporters of WI Gov. Scott Walker to sabotage the recently launched RECALL WALKER effort. We'll discuss her recent reports of a source who claims there are some 1,000 folks working on the effort to game the effort, and some of the journalistic questions surrounding her reporting.
• PLUS! Has Occupy Wall Street now revealed this nation to be a full blown Military State? We'll have plenty to say on that, along with your calls, more news on "Occupation Nation" and anything else you might want to use your public airwaves for at 877-520-1150 and with 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 affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Great show tonight, I think. Nice to be back. Very lively, great guests, great callers...just fun (and infuriating) all around! Don't believe me? Listen to the commercial-free audio archives now posted below (along with chat room archives). Enjoy!...

The effort to recall Wisconsin's Republican Gov. Scott Walker begins in earnest tomorrow, November 15. As TPM's Eric Kleefeld reports, Democrats and other opponents of the WI GOP's big government removal of public union collective bargaining rights will have just 60 days to collect more than 540,000 signatures in order to put the controversial Governor onto a recall election ballot early next year.

It won't be easy, as the initiative must succeed in gathering an average of more than 9,000 signatures each day between now and the 60-day deadline in January. To make matters worse, if indications on a number of Facebook pages are to be believed, some Walker supporters are planning to sabotage the effort with a number of dirty tricks, including collecting signatures under cover and then burning and shredding the petitions...

Breakfast in America on Thursday, in Chicago, with WI's Republican Gov. Scott Walker, after Occupiers had recently been rounded up and mass arrested, with the approval of Chicago's Democratic Mayor Rahm Emanuel, for exercising their First Amendment rights.

They made up for that on Thursday...

Al Jazeera English's Bob Abeshouse and Yasmeen Qureishi have put together an investigative report on the out-sized influence of the Koch Brothers on American democracy. The documentary premiered on AJE this week, and both starts and ends with the "Secret Koch Tapes" we exclusively published last month in a series of articles at Mother Jones and here at The BRAD BLOG.

There are a number of noteworthy points in this investigative look at the Kochs, co-owners of Koch Industries, the nation's second largest private corporation (the giant oil conglomerate inherited from their father), and how they are spending just some of the extraordinary $18 billion increase in personal wealth they've enjoyed over just the last three years under the tyranny of the Obama administration.

But among the interesting points revealed here, is the fact that this detailed exposé, a behind-the-scenes examination of two of the most powerful puppeteers behind American democracy, comes not from the far larger and better funded corporate news networks here in the U.S., but from from Al Jazeera. Go figure...

Just in from Reuters...

Not mentioned in the Reuters article is the effect the law is likely to have on student voters, as most WI student IDs have been disallowed for use as voting identification at the polling place, though some of those restrictions are being challenged via the WI Government Accountability Board (G.A.B.), the state's top election authority, which is interpreting the new measure.

Though the WI bill that was jammed through the state legislature by the Republicans who control it and signed by Gov. Scott Walker (R) allows for voters to receive "free" Photo ID at state DMV offices, many of the state's office are infrequently open, and some voters have documented difficulties in obtaining the free IDs even where they were able to take time from work or school and find a way to get to the DMV to go through the tedious process.

In July we reported on the story of a new voter whose residency was challenged after DMV officials rifled through his bank statement to determine whether there had been enough "activity" in the bank account to assure his residency. We also reported in the same story that state officials had explicitly instructed DMV workers to not notify applicants that their ID would be given to them for free, unless they specifically asked for it for the express purpose of voting. Otherwise, a $28 fee would be assessed on top of any costs incurred by the applicant, such as purchasing a copy of their birth certificate or passport or making their way to the DMV.

Kristina Boardman, Director of WisDOT's Bureau of Field Services explained to The BRAD BLOG at the time that the reason they've instructed DMV staffers to not ask applicants if the ID is to be used for voting purposes is because "the statutory language specifically puts the onus on the customer for getting the ID for free for voting."

The frustrating experience of the hopeful voter at the DMV was documented in a video tape recorded during the process which we posted along with our story.

As we also detailed previously, a 2005 study [PDF] by the University of Wisconsin-Milwaukee's Employment and Training Institute found that Democratic-leaning voters such as the elderly, ethnic minorities and college students are likely to be hit much harder by the new law than middle and upper-class white voters...

Remember WI's 45-year old Republican state Sen. Randy Hopper? The one whose own wife revealed, during signature gathering for his recall election earlier this year, that he was no longer even living in his own district after he'd split to move in with a 25-year old Republican aide?

Last August, Hopper lost his seat during those Badger State recall elections.

Last night, he was spotted driving "all over the road" --- with the aide/girlfriend in his car --- and ended up spending the night in jail for driving while intoxicated.

If his driver's license is taken away, will Hopper now even be able to cast a vote next year in Wisconsin, in the wake of the polling place Photo ID restrictions that Hopper and the Republican Party jammed through the legislature as part of their new voter suppression laws? Will he have to face the same ridiculous hoops that other citizens have been met with in order to do so?

UPDATE 10/19/11: More details on Hopper's drunken comments as he was hauled away after his arrest, including his warning to the arresting officer: "Don’t ever run for office, by the way"...

The Republican special prosecutor recently appointed to investigate allegations by WI Supreme Court Justice Ann Walsh Bradley that her fellow anger-management challenged Justice David Prosser had placed her in a "choke-hold" during recent deliberations over the anti-union legislation of Prosser's former colleague Gov. Scott Walker.

See Milwaukee's Journal-Sentinel coverage of this news yesterday for the complete, insane details.

In a terse announcement from the prosecutor, Sauk County District Attorney Patricia Barrett would say only that she had "determined that no criminal charges will be filed against either Justice Bradley or Justice Prosser for the incident on June 13, 2011."

The letter notes that Barrett reviewed transcribed reports from law enforcement officials given to her after Dane County Democratic District Attorney Ismael Ozanne recused himself from the case, as the matter over which the Supreme Dispute took place was a lawsuit he had brought charging that the anti-union bill in question was passed by Republican legislators in violation of the state's open meetings law. The newly-assigned prosecutor also reviewed an audiotape interview with Prosser who was, apparently, the only one who had a taped interview. In addition to Bradley, four of the other Justices were said to have been witness to the fracas.

According to the Journal-Sentinel, "Barrett declined to say whether she had rejected charges because no criminal conduct had occurred or because no crime could be proven to a jury. She would say only that a case must meet both those standards before a prosecutor could bring charges"...

In a written statement following word that there would be no criminal charges, Prosser said Bradley "made the decision to sensationalize an incident that occurred at the Supreme Court." He said he "was confident the truth would come out and it did. I am gratified that the prosecutor found these scurrilous charges were without merit."

That is not, of course, what the prosecutor actually stated that she found...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Wisconsin's old State Elections Board website (http://elections.state.wi.us/) appears to have been "hacked by Sovalye"...

[Hat-tip Election Integrity advocates Jeannie Dean, Neal Schulz and the folks at the Facebook Election Integrity group.]

[Update 7:19p CT: It looks as if officials have now restored the site. Sort of. Hat-tip again to Neal Schulz.]

The State Elections Board was replaced by the WI Government Accountability Board (G.A.B.) in 2008 as the state's top election authority, combining responsibilities of both the Elections Board and the State Ethics Board into the agency. The G.A.B.'s website (http://gab.wi.gov/) does not appear to be hacked. For now.

Of course, that's just a website, not an actual election or e-voting database. So just because the state's Elections Board website proved to be insecure and was hacked does not mean their actual elections are vulnerable to hacking in any way, shape or form, right? That, even though the state, shamefully, does not bother to check even a single ballot to make sure it has been tallied accurately during an election by its computer op-scanners made by Diebold, Sequoia, and ES&S.

Why worry?

The BRAD BLOG has been warning about the manipulation of e-voting systems for years, along with members of the world's computer science and cyber security communities, and even the CIA, as our own Ernie Canning noted just last week. And yet, our nation continues to use the same vulnerable e-voting systems to tally our elections, rather than bothering to count them with our own, far more reliable and verifiable, hands and eyes, as per Democracy's Gold Standard.

I could link back to all sorts of e-voting hacks we've reported on over the years here, like this one from Princeton in 2006 or this one from the U. of MI in 2010 or this bone-chilling warning from the CIA in 2009, but they'll mostly likely just be ignored. Again.

Instead, we'll just tease you for now with news of yet another new e-voting hack --- perhaps the most disturbing one yet in a number of ways --- that we'll be reporting on very soon. Let's call that one a special delivery for election officials like Jones County, MS, Circuit Clerk Bart Gavin, who reportedly told his county Board of Supervisors this past week that the Diebold touch-screen voting machines used by the entire county "record every vote and there is no way for them to be tampered with."

Really, Bart? You're gonna stick with that, are ya?

The final round of state Senate recalls in Wisconsin, brought on in response to anti-union legislation by Gov. Scott Walker and state Republicans, have completed today. AP is reporting tonight that the two Democrats up for recall in the state's 12th and 22nd have each retained their seats. TPM has the numbers by district here.

By way of reminder, in Wisconsin most votes are cast by hand-marked paper ballot though tallied secretly by optical-scanners made by Diebold, Sequoia and ES&S. The state does not examine any optically-scanned ballots to assure the machines have tallied accurately after they've already been scanned, other than in the even of a recount if permission is granted by the courts to hand-count ballots. I'm told, but haven't been able to confirm today, that some of the municipalities in the two districts where elections were held today, may have been hand-counting ballots, though centrally, after they've been transported, rather than at the precincts. Given there was only one single race on the ballot today and hand-counting would consist largely of making two separate piles, it seems as if it would have been cheaper and easier (and certainly more reliable and transparent) to hand-count all of the ballots in these recounts. But, sadly, that's not the case. So we're forced to rely, in most cases, on the oft-failed, easily-manipulated computer-reported results from the Badger State. Mack Trucks, if you will, used to deliver pizzas.

Once again, election watchdog Election Defense Alliance (EDA) and a number of other organizations were carrying out Exit Polls at the several sites today, as one of the few weapons left to help avoid and/or ferret out potential election fraud or vote tabulation error. I spoke with EDA's National Coordinator Sally Castleman earlier this evening, and --- unlike during the July primaries and during last week's GOP recalls, no problems have been reported by the Exit Poll teams at the wards.

By way of another reminder, problems with vote tabulation often do not come to light until days, or even longer, after elections. So far, however, there have been pleasantly few reports of problems that I've heard about or been able to find today. There was this odd incident at a Kenosha ward and at another ward there where they reportedly ran out of ballots for a short time (is that report accurate, where it says the County "printed up 300 additional ballots" in a pinch? They can print up ballots just like that??) as turnout was reportedly heavy in most areas today, said to have been on par with a gubernatorial election. That's some good news to report at this hour. If anything changes, of course, we'll let you know.

If the largely unverified results stand as currently reported, there will have been 5 wins total for Democrats --- 2 tonight, 2 last Tuesday, and 1 in July --- in these state Senate recalls. Republicans will have won just 4 of the races, all last week, and will have lost 2 seats, while the Democrats lost none.

Despite their victories, however, the Dems will have fallen one short of re-taking the majority in the state Senate, where the GOP will still enjoy a slim 17-16 advantage. One moderate Republican, however, state Senator Dale Schultz, who voted against the GOP anti-union agenda, may well serve as a firewall against continued radical Republicanism in the state. Nonetheless, after last week's recalls of 6 Republicans, where Democrats picked up 2 seats from the Republicans, the GOP sent out statements declaring "victory" in Wisconsin.

Until Walker's own recall election, which could happen early next year if Democrats are able to gather enough signatures beginning in November, we may be done with the wild string of elections in Wisconsin...at least for now.

Guest blogged by Ernest A. Canning

Controversial Wisconsin state Supreme Court Justice David Prosser has a new special investigator looking into allegations of assault made against him by another sitting Supreme Court Justice.

At the request of Dane County Circuit Judge William Faust, Sauk County District Attorney Patricia Barrett (R) agreed to serve as a special prosecutor regarding the physical assault and battery allegations made by WI Supreme Court Justice Ann Walsh Bradley. Bradley claims that Prosser placed her in a "chokehold" during a contentious argument about the overturning of a lower court ruling on Gov. Scott Walker's controversial and hastily enacted union-busting legislation. The lower court found that it was passed in violation of the state's open meeting law and is therefore null and void. Prosser and his 3 colleagues on the bench who enjoy a 4 to 3 Right-leaning majority on the state's high court, eventually overturned the lower court's ruling. Bradley was in the minority.

According to Tim McCumber, the head of the Sauk County GOP, Barrett is essentially an independent who ran for DA in 1994 as a Republican to get onto the ballot in a GOP-dominated county. Barrett, who is 62 and plans to retire in the fall of 2012, stated that she does not see either the sheriff's or prosecutor's jobs as a partisan one.

Justice Bradley's allegations are also the subject of of an internal investigation by the WI Judicial Commission.

The key question is whether Barrett and the WI Judicial Commission can proceed in their investigations on the basis of the facts and the law? What is at stake is not simply a possible Class A Misdemeanor Battery charge against a sitting Supreme Court Justice. The very survival of the rule of law in the Badger state is spotlighted here. All if this happens with a backdrop of a billionaire-funded, partisan onslaught on fundamental fairness and democracy, not only as it pertains to the electoral process, but in how the state's executive, legislative and judicial branches of government function...