Bad news for voters in the Buckeye State. Good news for partisan Republicans who prefer to win elections by making it more difficult for voters to vote.

In a 5 to 4 decision, the Rightwingers on the U.S. Supreme Court have now overturned the 6th Circuit's earlier ruling that had blocked Ohio Republicans' attempt to limit early voting by shortening the Early Voting period by one week, eliminating the week where voters could both register and vote on the same day, and by doing away with Sunday voting before the election...

From UC Irvine election law professor Rick Hasen...

See Hasen's coverage for his analysis of what happened here, and why he believes it was a mistake to even challenge the OH Republicans' new restrictions on early voting. Please note: We don't necessarily agree or disagree with his analysis, at this time. But you can read it and decide for yourself.

Our most recent coverage of the 6th Circuit Court of Appeal's decision to uphold the lower District Court decision blocking the GOP voting restrictions is here.

The GOP in Ohio has been attempting to shorten and otherwise restrict Early Voting in the state ever since reforms put in place in 2005 --- in response to the embarrassingly disastrous 2004 Presidential Election there --- worked well enough that most of the problems voter had voting had disappeared by 2008. As we have documented over the years, every time they tried to limit those successful reforms, the courts had blocked them from doing so. They did so again this year, until today's 5 to 4 ruling by the Supremes.

It should also be noted that it is, arguably, because John Kerry failed to keep his promise and fight to make sure every vote was counted in Ohio's contested 2004 election, that the U.S. Supreme Court has now gone so hard to the right, with the addition of Justices Roberts and Alito during George W. Bush's second term.

With today's SCOTUS ruling, and the bad news from the partisans on the 7th Circuit concerning WI Republicans' draconian Photo ID voting restrictions, as our legal analyst Ernie Canning detailed this morning, it seems many of this year's most important elections may be won, or lost, in the courts --- before Election Day even gets here.

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Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

This statement from the ACLU follows today's federal court ruling [PDF] restoring Early Voting hours --- yet again --- in Ohio in advance of the November mid-term elections:

The ruling includes a temporary injunction on the Republican-enacted state law and on additional new restrictions on voting hours implemented by its Republican Sec. of State John Husted, finding the regulations are in violation of both the Equal Protection Clause of the U.S. Constitution's 14th Amendment, as well as Section 2 of the Voting Rights Act which bars racially discriminatory voting laws in all 50 states.

"Ohio keeps trying to cut early voting and the federal courts keep striking the cuts down," writes The Nation's Ari Berman in response to today's ruling.

It's true. This has been going on for years. State Republicans, whether in the form of the legislature or their Republican Sec. of State in Ohio, keep attempting to make it harder to vote, and the federal court keeps ruling those attempts to be in violation of federal law. It has happened over and over again over the past several years.

Berman notes, in regards to today's ruling, that "In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP" and that African-American voters in the state "voted early in person at a rate over twenty times greater than white voters," according to the Lawyers' Committee for Civil Rights.

The expansion of early voting in Ohio was implemented following the disastrous 2004 elections there when many voters --- largely in minority areas --- were forced to wait for 6 hours or more to cast a vote under restrictions implemented by then partisan Sec. of State and co-chair of Bush/Cheney '04 Inc., J. Kenneth Blackwell. The last ballot cast in the Buckeye State that year, when the state's electoral votes would determine the Presidency, was around 2am on Wednesday morning at Kenyon College, where some students had waited on line as much as 10 hours to vote.

The new GOP restrictions cut many of the additional voting opportunities instituted in 2005, which had otherwise led to a fairly smooth election under Democratic Sec. of State Jennifer Brunner in 2008, as she described to us during an exclusive interview in 2012.

Early Absentee voting numbers had doubled between 2004 and 2008 after the expansion of voting hours, as a quick glance at the numbers starkly demonstrates...

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IN TODAY'S RADIO REPORT: Drinking water ban in Ohio's 4th largest city is over --- for now; Mine waste breach means British Columbia's water crisis is just beginning; California state of emergency over wildfires; Bee-killing pesticide now found in U.S. rivers; PLUS: Trees save lives ... 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): CO compromise removes anti-fracking measures from ballot; First 100°F Temperature on Record in the Baltics; Acidifying oceans killing oyster industry in the Pacific Northwest; The science behind the rise of deadly flesh-eating bacteria in the U.S.; Beijing to ban coal; 'Otherworldly' deluge causes deadly landslide in India; First-ever precip recorded in SoCal in August; Religious leaders call pollution 'an affront to God' ... PLUS: Texas V. EPA: Who in Texas wants tighter refinery regulation? ... and much, MUCH more! ...

Dick and Dubya are back in the news! Now I wonder how that might have happened. On the upside, it allowed me to play some clips on this week's show that I first put together for a show back in 2006 (or earlier?)

Anyway, we talk about all of that and more on this week's BradCast on KPFK/Pacifica Radio, including:

• What was Dick Cheney's epic trolling of Obama really about? (Hint: Not necessarily Obama or even Democrats).
• Who's to blame for the current mess in Iraq?
• We take a whole bunch of great calls on all of the above, including one caller with a very interesting defense of Bush and Cheney.
• Some good voting news for Ohio, for a change.
• The fossil-fueled "War on Science" now includes war on science museums.
• Plus, as ever, Desi Doyen with the latest Green News Report (including some epic trolling by Obama of science deniers!)

Enjoy!

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

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...

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IN TODAY'S RADIO REPORT: Obama ups the rhetoric on action against global warming; Speaker Boehner says he's 'not qualified to debate climate science', but knows pollution regulations are bad; Majority of Americans support reducing emissions; Victory for fossil fuels over clean energy in Boehner's Ohio; PLUS: Solar. Freakin'. Roadways!!!... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Wall St. Journal's 'shameful' climate denial; U.S. power plants already succeeding in reducing emissions; Something is killing baby puffins in the North Atlantic; Debunking the Chamber of Commerce's bogus claims; Coal industry export dreams withering away; Climate CoLab wants you to solve climate change; Exxon CEO: “No viable pathway” to reduce carbon emissions; Germans digging 'home-made' electricity.... PLUS: Corporate consolidation of farmland a risk to world food security: study ... and much, MUCH more! ...

Hey! Great news! Just in time to practice up your hacking skills before the 2014 mid-term elections, you can now buy your very own ES&S iVotronic touch-screen voting system from eBay!...

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

And, oh, look! One of them is already sold!...

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IN TODAY'S RADIO REPORT: Obama's plan to keep on truckin'...with much less oil; Secretary of State John Kerry goes 'weapons grade' on climate change; PLUS: It's GNR's 5th anniversary! So to celebrate, the Sunday network news shows all finally covered climate change --- really badly... 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): Fracking boom spews toxic air emissions on Texas residents; CA city fights 'environmental racism'; NC coal ash spill found 70 mi. downstream; Gov. McCrory denies involvement in Duke Energy sweetheart deal; Brazil: land disputes escalate over illegal mining; BP Oil Spill giving tuna heart disease; Arctic on track to warm 23 degrees F ... PLUS: Michigan: Vast Spill Of Liquid Manure Hidden Under Snow ... and much, MUCH more! ...

[This article now cross-published by The Progressive...]

The U.S. Department of Justice has filed a vigorous Opposition [PDF] to a Motion to Intervene [PDF] filed by the Republican "voter fraud" group calling itself "True the Vote." In its motion, True the Vote seeks to become a party to the DoJ's federal legal challenge to Texas's polling place Photo ID restriction law, SB-14.

The DoJ's opposition is rather straightforward. The right wing-funded True the Vote, they argue, has not established that it is entitled to intervene because it sets forth nothing more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative."

Anyone familiar with this organization and its history, should appreciate how absurd it is that they should be taken seriously at any time, much less allowed to intervene in a critical lawsuit filed in federal court.

Permissive intervention is inappropriate, according to the DoJ, because True the Vote has failed to establish that its interests would not be adequately represented by the State of Texas. Indeed, its participation in the case, DoJ says, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote’s numerous allegations of purported voter registration irregularities."

The DoJ notes that, for identical reasons, True the Vote, whose 2011 list of "Recommendations for Legislation" [PDF] was topped by the desire to enact the polling place Photo ID law at issue, was excluded from participating in the Department's legal challenge to last year's ill-fated effort by Florida's Gov. Rick Scott (R) to purge "potential non-citizens" from the Sunshine State's eligible voter rolls.

True the Vote's deceptive tactics should come as no surprise to long time readers of The BRAD BLOG. The group is essentially the latest pretend "election integrity" arm of the Koch brothers-funded, Paul Weyrich co-founded, American Legislative Exchange Council (ALEC)-fueled GOP effort to enact voter suppression laws across the country.

The nature of their hostile, anti-voter tactics, according to the Houston NAACP, included an alleged attack upon its "volunteer poll monitors for handing out water to voters at Early Vote locations and for assisting Disabled and Elderly voters by standing in line for them or asking younger people in line to let the elderly and disabled go ahead of them in the line to vote."

The group's label, 'True the Vote', is nothing short of Orwellian. As detailed by The BRAD BLOG last year (and by others this year) truth and True the Vote remain perfect strangers...

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

One of the world's largest ATM manufacturers and, formerly, one of the largest manufacturers of electronic voting systems, has been indicted by federal prosecutors for bribery and falsification of documents.

The charges represent only the latest in a long series of criminal and/or unethical misconduct by Diebold, Inc. and their executives over the past decade.

According to Cleveland's Plain Dealer, a U.S. Attorney says the latest charges are in response to "a worldwide pattern of criminal conduct" by the company....

Despite at least $1.75 million in bribes said to have been paid the company around the globe, nobody will go to jail for what U.S. Attorney Steven Dettelbach describes as their "worldwide pattern of criminal conduct," because they are a corporation --- and you are not.

The $50 million the company has agreed to pay is a mere fraction of the firm's $3 billion in annual revenues. That, even though Diebold is a repeat offender --- which may be describing it mildly...

Despite another "no contest" plea to four charges of voter fraud today, Hamilton County (Cincinnati), OH's crackdown on voter fraud, has yet to produce a conviction for a crime that might have been stopped had GOP-supported polling place Photo ID restriction laws been in place.

Here's the latest, via Cincinnati's NPR affiliate WVXU:

As usual, it was an election insider, in this case, a pollworker, who attempted to defraud the system. As a pollworker, she figured out how to cast ballots for folks she knew would not be showing up to vote in person themselves.

No polling place Photo ID restriction --- as favored by Republicans claiming to want to stop "voter fraud" (but, really, just hoping to stop legal, largely Democratic-leaning voters from being able to cast a vote) --- would have deterred her insider efforts.

Out of the 421,997 votes cast in Hamilton County's 2012 November general election (and more in primaries last year) prosecutors have also been able to net two more convictions, both for absentee ballot fraud, which is also not affected in any way by the polling place Photo ID restrictions called for by Republicans...

As The BRAD BLOG has reported for years, based on empirical study after empirical study to back up the case, in-person polling place impersonation, the only type of voter fraud that can possibly be deterred by Photo ID restrictions, is extraordinarily rare. Republican-enacted laws passed (theoretically) to deter it, stand to disenfranchise far more perfectly legal voters --- exponentially so --- than fraudulent votes that might ever be deterred by such laws.

Last August, for example, we reported on a new nationwide analysis by a non-partisan news consortium which examined every single election fraud case in the U.S. going back to 2000. Their findings? Out of thousands of cases of fraud, and hundreds of millions of legal votes cast in all 50 states for more than a decade, the study identified just ten (10!) cases of in-person voter fraud that might have been deterred by Republican polling place Photo ID restriction laws.

At the same time, partisan Republican groups such as "True the Vote" continue to fraudulently claim a massive "voter fraud" epidemic in support of GOP Photo ID restrictions. As we reported last December, their website had boasted of "voter fraud convictions in 46 states", but deceptively failed to point out that ZERO of the allegations and convictions cited would have been deterred by polling place Photo ID laws.

In the meantime, if you're looking for actual fraud, please see our article from last August, detailing election fraud allegations and convictions, for very high profile Republicans --- including Mitt Romney and even the former Sec. of State of Indiana (who was convicted of 3 felony voter fraud counts, even while he was the chief election official tasked with overseeing and enforcing the state's first-in-the-nation polling place Photo ID restriction law). None of the cases cited in the article, of those very high-profile GOPers, would have been deterred by the type of voting restriction laws favored by Republicans.

Over the past decade, The BRAD BLOG, has become one of the nation's largest repositories of articles documenting the folly of e-voting. Thousands of articles at this site, written over the years by multiple journalists, computer experts, scientists, whistle-blowers and election integrity advocates, have pointed to academic and government studies, electoral train wrecks in election-after-election and out-and-out system crashes resulting in long lines, lost votes and denial of both service and democracy on Election Day.

We've even documented instances in which the official results were not merely absurd, but in some cases, virtually impossible --- from the negative 16,022 votes registered for Al Gore by a Volusia County, Florida optical-scan system during the contested 2000 Presidential Election to the thousands of electronic votes which simply disappeared after election night in Monroe County, Arkansas' 2010 state primary, just to mention a couple.

With rare exception, these very real, scientifically-based and independently verifiable concerns about the threat to democracy posed by a lack of transparency in how, if at all, votes are counted within the confines of computer vote tabulators, have, at best, been all but ignored by the mainstream corporate media, or, worse, scoffed at by the likes of "journalists" like Chuck Todd, NBC News' supposed election expert, as little more than "conspiracy garbage." With rare exception (e.g. last year in Palm Beach County, FL where, as a result of a 100% hand-count of paper ballots, several "losing" candidates, as initially determined by the Sequoia optical-scan tabulators, were actually found to be the winners) election-after-election has been decided in this nation without so much as a single ballot having been counted by a human being before results, right or wrong, are announced to the public.

The extent to which the U.S. government has ignored these scientific concerns was encapsulated by the fact that, last Fall, the President of the United States saw fit to cast his early vote on the oft-failed, incredibly-vulnerable, easily-hacked and 100% unverifiable Sequoia AVC Edge Direct Recording Electronic (DRE) touch-screen voting system in Chicago --- a system manufactured by the same voting machine company which, according to its former employees, deliberately sabotaged the punch card paper stock that was bound for use in Miami-Dade, Florida during the 2000 Presidential Election. That same tabulation system, relied upon by the President in Chicago, was also the one which declared the wrong "winners" in three different races in the Palm Beach County elections held earlier last year.

President Obama, in an apparent reference to the secrecy of the vote, said "I can't tell you who I voted for." He either didn't realize or didn't care how ironic that statement was given that it is scientifically impossible to ever know if his vote, or anyone else who cast a vote on that same 100% unverifiable e-voting system, was recorded accurately, or at all. It disappeared into the electronic black hole on equipment now ostensibly owned by Dominion Voting Systems, the Canadian corporation which purchased Sequoia in 2010. The Sequoia-manufactured, Dominion-owned e-voting machine Obama used to cast his vote last year was the trade secret Intellectual Property of yet another company: Smartmatic Voting Systems, a Venezuela-based, international e-voting systems manufacturer and supplier which had long ago been tied to the late President Hugo Chávez.

But a funny thing happened after the results of Venezuela's recent Presidential election were announced by the country's National Electoral Council (CNE). According to the electronic central tabulators of the country's 100% unverifiable Smartmatic DRE e-voting systems, Chávez protégé, Nicolas Maduro, had narrowly defeated the U.S.-backed Henrique Capriles.

At that moment --- and only for Venezuela's election, clearly --- both the U.S. government and U.S. mainstream corporate media suddenly became election integrity converts.

They insist on a 100% hand-count of the DRE-produced paper receipts because, as observed by ABC News, the CNE results are based upon "information that is sent electronically from each voting machine to the central vote counting hub," and not "from a manual count of the voting receipts deposited in ballot boxes." That, of course, is almost the exact same way that President Obama's vote in Chicago was tallied, either accurately or not, last year.

When asked by the AP's Matthew Lee whether the U.S. would recognize the Maduro government now that the election had been certified by the CNE, the State Department's Patrick Ventrell said earlier this month: "We're not there yet." His sentiment would be echoed by Secretary of State John Kerry, ironically enough, in an appearance before Congress. Both Ventrell and Kerry claimed to be concerned about the "confidence of the Venezuelan people in the quality of the vote."

Setting aside the fact that there is no way to know whether any computer-printed paper receipt accurately reflects the will of any voter in any election, the event underscores, once again, the striking duplicity of both the U.S. government and the corporate-owned mainstream media on the subject of democracy...

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...

Why isn't the FBI or the Justice Department investigating the "widespread voter fraud" that a number of Rightwingers are claiming enabled Barack Obama to win the 2012 election?

The simplest answer is that there is nothing to investigate --- at least no evidence to suggest as much at this time. Lacking such evidence, such fishing expeditions are a waste of taxpayer money, particularly when the evidence of "fraud" forwarded by Republicans to date is easily dispatched with little more than a Google search and a few clicks of the mouse.

All existing evidence suggests that President Obama soundly defeated Mitt Romney by an electoral vote margin of 332-206, and a popular vote margin of 50.9-47.4 percent. Yet, the myth that "widespread voter fraud" swung the election for Obama continues to persist on Rightwing web sites and blogs. These myths are usually divorced from the facts altogether or grounded in baseless speculation.

Let's take a look at four of the most popular myths currently being trumpeted by the Rightwingers...