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By Brad Friedman on 5/5/2014 12:21pm PT  

I was on Thom Hartmann's Big Picture TV show on Friday, to discuss the week's landmark decision by a federal court in Wisconsin which struck down the state's Republican-enacted polling place Photo ID restriction law as a violation of both the Constitution and the Voting Rights Act and the fact that the decision, as our own Ernie Canning explained, may finally signal the "beginning of the end" for such purposely discriminatory laws.

(And thanks to my friend Mike Papantonio of Ring of Fire, who was guest hosting for Thom on Friday, for the very kind words!)...

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UPDATED: Wisconsin Republicans will appeal to 7th Circuit...
By Ernest A. Canning on 5/2/2014 1:23pm PT  

This week's federal court decision to strike down Wisconsin's polling place Photo ID law has national significance and 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.

The court's landmark decision in the Wisconsin case contains a methodology for testing the law's constitutionality that, if applied by other courts in similar federal challenges to similar laws in other states, would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions. We describe that possibility as "likely", given that a careful reading of prior case law suggests that six of the Supreme Court's nine Justices have already subscribed to legal opinions that are consistent with the methodology used by the federal court in Wisconsin.

In late 2011, shortly after the filing of the first of the two federal cases that resulted in this week's ruling finding that Wisconsin's polling place Photo ID law (Act 23) violated both the U.S. Constitution and Section 2 of the Voting Rights Act (VRA), The BRAD BLOG explained why the issues before the federal bench in Wisconsin "could reverse similar laws nationwide."

The 90-page decision and order [PDF] that U.S. District Court Judge Lynn Adelman meticulously crafted, not only after a full trial on the merits, but over a span of more than 3 1/2 months following it, suggests that our earlier prediction may have been an understatement.

In declaring Wisconsin's Republican-enacted Photo ID law unconstitutional and a violation of federal law, Judge Adelman applied a very specific test for the law, one called for by the U.S. Supreme Court back in 2008. That same test, measuring the potential benefits of such laws against their possible harm to voters' rights, if similarly applied elsewhere, would likely invalidate most, if not all of the similar restrictions which have been rammed through numerous GOP-majority state legislatures over the past six years.

While stopping short of describing Republican "justifications" for such laws as a mere pretext for voter suppression, Judge Adelman's decision persuasively finds that the core GOP claims about the supposed need for polling place Photo ID restrictions cannot withstand judicial scrutiny when tested against a fact-based reality in a court of law. The judge found, in no uncertain terms, that such laws are constitutionally infirm because, without legitimate state interests for such restrictions, they serve only to disproportionately disenfranchise the poor, the elderly and minority voters...

--- Click here for REST OF STORY!... ---

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GUESTS: Dr. Margaret Flowers of Popular Resistance; Christina Tobin of Free & Equal...
By Brad Friedman on 4/30/2014 10:51pm PT  

It was a very independent and very activist-y BradCast on KPFK/Pacifica Radio this week, on a whole bunch of levels.

First up: Christina Tobin, Founder & Chair of The Free & Equal Elections Foundation --- and co-moderator, with Larry King, of the 2012 Presidential Debate where all of the major candidates were invited (as opposed to to just two of them). We discussed her group and their upcoming United We Stand Fest at UCLA on May 10th, which is set to feature a ton of very cool politicians (of all parties), journalist, musicians...and me.

Next: Why Tuesday's landmark decision in a federal court in Wisconsin, striking down that state's GOP polling place Photo ID restriction law is so important to the entire nation, and why Scott Walker and a whole bunch of Republicans across the country aren't gonna like it at all.

Then: Dr. Margaret Flowers of PopularResistance.org --- a pediatrician who left her private practice in 2007 to become a full time activist and advocate for single payer health care --- tells my why, despite what I see as Obamacare's very clear success, I'm completely wrong about it, why it's a "scam" and why she's a "conscientious objector" to the Affordable Care Act.

Followed by: A few brief remarks about the crushing loss this week --- for the entire nation --- of our friend Tim Carpenter, the indefatigable and relentless co-founder of Progressive Democrats of America.

Finally: As always, Desi Doyen joins us for the latest Green News Report and a preview of more fossil fuel disasters to be covered tomorrow...

Download MP3 or listen online below...

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Finds Republican restrictions on voting violate both the U.S. Constitution and Section 2 of the Voting Rights Act...
By Brad Friedman on 4/29/2014 6:43pm PT  

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

Very big news out of a federal court in Wisconsin today, where the state's polling place Photo ID law (Act 23) has now been struck down as both a violation of the federal Constitutional as well as under Section 2 of the Voting Rights Act.

While similar laws, all enacted by Republicans, have been struck down by state courts before --- indeed, Wisconsin's, was already found in violation of the state constitution in state court --- and in federal courts under Section 5 of the Voting Rights Act, today's ruling is the first to strike down such a law under Section 2 of the VRA.

The landmark ruling will almost certainly have national implications for federal challenges in other states against similar restrictions recently enacted by Republicans.

Last summer, the U.S. Supreme Court gutted the heart of the VRA by making Section 5 unenforceable until Congress passes new legislation to determine which jurisdictions must pre-clear new elections laws with the U.S. Dept. of Justice before they are put into effect, due to a history of racial discrimination in elections in those jurisdictions. Section 2, however, bars discrimination in all 50 states, even though, unlike Section 5, it cannot be applied until after the new law in question goes into effect.

Judge Lynn Adelman's ruling [PDF] today, finding WI's version of the law discriminatory and in violation of both Section 2 and the 14th Amendment of the federal Constitution, is likely to have an impact on federal challenges to similar laws in states such as Texas and North Carolina, where federal cases are pending to block similarly discriminatory polling place restrictions.

Moreover, the judge placed the racial and class discrimination and disenfranchisement that would be caused by this law in stark terms, in regard to how many otherwise legal voters in Wisconsin might lose their right to vote, and how such a law might have directly affected the results of the state's 2010 election, had it been place at the time...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 4/25/2014 4:15pm PT  

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

A Circuit Court judge has resoundingly rejected Arkansas' new Photo ID restrictions on voting, declaring the law to be "null and void" and in violation of the state's Constitutional right to vote.

Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature.

Pulaski County Circuit Court Judge Timothy Davis Fox' 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election.

In his Thursday ruling, Fox found the law to be "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Section 1 of Article 3 details the "Qualifications of Electors" in the Arkansas state Constitution, declaring that, "Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election."

Section 2, on the "Right of Suffrage" states that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof."

Given the very clear and straightforward language of the state Constitution, this seems to have been a very easy case. Republicans, however, are reportedly preparing to appeal the ruling...

--- Click here for REST OF STORY!... ---

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GUEST: Sue Wilson of the Media Action Center (With cameo appearances by Archie Bunker and Bill O'Reilly)...
By Brad Friedman on 4/9/2014 9:34pm PT  

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

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By Ernest A. Canning on 4/7/2014 6:35am PT  

Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. Now, legislators in Texas are facing much the same thing, as that state's extreme polling place Photo ID restrictions also face legal and Constitutional challenge.

By way of an eight-page Order [PDF] issued late last week, U.S. District Court Judge Nelva Gonzales Ramos has directed the State of Texas to serve upon the U.S. Department of Justice (DoJ) documents that relate to the question of whether "state legislators, contrary to their public pronouncements, acted with discriminatory intent in enacting SB 14," the Lone Star State's polling place Photo ID restriction law.

That law had previously been found to be discriminatory against minority voters in TX, and thus rejected by both the DoJ and a federal court panel as a violation of the Voting Rights Act (VRA). It was then re-enacted by the state of Texas almost immediately after the U.S. Supreme Court gutted a central provision of the VRA in the summer of 2013.

As reported by The BRAD BLOG last September, the DoJ, and Rep. Marc Veasey (D-TX), filed separate federal lawsuits (now consolidated into a single case, Veasey v. Perry) in which they allege that the Photo ID law enacted by the Texas legislature (SB 14) violates another section of the VRA, Section 2, as well as the U.S. Constitution.

The documents in question, created by Republican officials and lawmakers, which must now be turned over to the court, may shed light on the actual intent of those officials in enacting the restrictive voting law...

--- Click here for REST OF STORY!... ---

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Says 'not willing to defend them anymore, I'm embarrassed by this'
Accuses colleagues of 'trying to suppress the vote'...
By Brad Friedman on 3/21/2014 1:20pm PT  

Last week we told you how Wisconsin's Republican Gov. Scott Walker considers implementing a polling place Photo ID restriction in his state to be so "pressing" that he would call a special session of the state legislature to do it. He says it's the only such matter "pressing" enough to merit such extraordinary action this year, in advance of the November 2014 election --- when Walker himself, just coincidentally, faces a very tight re-election race.

That, despite the fact that two state courts have already found the Republicans' existing polling place Photo ID voter restriction law to be a violation of the state constitution and that expert testimony during one of the two trials detailed how there is only one single known case of voter impersonation fraud in WI over the past 10 years that might have possibly been deterred by such a law. At the same time, tens of thousands of perfectly legal voters will likely be barred from voting under such a law.The state Supreme Court is currently deciding on the state's appeal to the lower courts' rulings.

Republicans pretend that implementing such a law is not about voter suppression, but now at least one of them, to his great credit, strongly and loudly disagrees.

This week, Republican state Sen. Dale Schultz accused his own party of "trying to suppress the vote" and said that he is "not willing to defend them anymore. I'm just not and I'm embarrassed by this."

Schultz also decried the current WI GOP effort to suppress the vote --- one which would likely effect many elderly as well as minority and student voters --- as an insult to veterans, calling it "a slap in the face at the very least to some of the people who gave some of the most vital years of their life in the service of their country"...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 3/13/2014 6:50pm PT  

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...

Gov. Scott Walker said Tuesday he would call a special legislative session if courts this spring do not uphold the state's voter ID law, which has been blocked since soon after it was enacted.

Shortly after taking over all of state government in 2011, Republicans passed a law requiring voters to show photo ID at the polls. In 2012, two Dane County judges blocked the measure.

Those cases are now before the state Supreme Court, which is expected to rule by June. Separately, U.S. District Judge Lynn Adelman is considering two other cases that argue the voter ID law violates the U.S. Constitution and federal Voting Rights Act.

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...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 3/10/2014 12:33pm PT  

Some encouraging news to begin your week, along with apologies to Ian Millhiser for running his short and sweet piece in full, but I'm off the grid for much of today and would like to flag his main point here...

By a massive 46 point margin, Iowans believe that it is more important that "every eligible, registered voter has the opportunity to vote" than it is to make sure that "no person ineligible to vote slips through the cracks and casts a vote." 71 percent of respondents to a Des Moines Register poll preferred the first option, just 25 percent preferred the later.

The poll is the second blow in just one week to Iowa Secretary of State Matt Schultz (R), who campaigned in 2010 on his support for voter ID, a common voter suppression law. Last Wednesday, an Iowa judge permanently struck down Schultz's attempt to purge voters from the voter rolls on suspicion that they could be non-citizens.

Although voter ID's supporters typically claim that they are necessary to prevent ineligible voters from showing up at the polls, the truth is that this kind of voter fraud is exceedingly rare - one study found that just 0.0023 percent of votes are the product of such fraud. What voter ID laws do accomplish, however, is that they disproportionately disenfranchise minority voters, low-income voters and students - all of whom are groups that tend to prefer Democrats over Republicans.

The Des Moines Register poll suggests that voters will oppose such an effort once they understand the real impact of voter ID. Indeed, this is exactly what happened in Minnesota in 2012, where support for a voter ID ballot initiative collapsed as voters learned more about it.

Millhiser may be more bullish on the American people "getting it" than I am. The Rightwing "voter fraud" propaganda has run long and deep, and (unlike The BRAD BLOG) both Democrats and progressives in general took way too long to begin responding to the insidious and very well organized voter suppression strategy by Republicans. Still, I hope he's right and I'm wrong, and that, like so many other issues, the American people will get it right once they truly understand the facts of the long-running and effective GOP scam.

The data points Millhiser cites are encouraging, however, and are in line with a general anecdotal assessment I offered in January, as based on responses from Reddit commenters to the Pennsylvania court that nixed the Keystone State's disenfranchising and unconstitutional polling place Photo ID restriction law passed into law by Republicans there last year.

And, one more point, since the piece above discusses Iowa: A reminder that when the GOP in the Hawkeye State were able to run any type of election they wanted (without having to worry about running afoul of state or federal law or Constitutional issues) in their own 2012 GOP Iowa Caucuses, they chose to not require their own voters present Photo ID before participating, despite working very hard in the year prior to require such restrictions for all voters in the general election.

(In a related point, the Iowa GOP also chose to use hand-counted paper ballots, rather than optical-scan or touch-screen computers in their Presidential caucuses that year as well. Thanks only to that public oversight of the balloting the real winner of the 2012 Iowa GOP Caucus was eventually determined. Without those publicly-counted paper ballots, the man who didn't win, Mitt Romney, who was unofficially declared to be the "winner" on election night in Iowa, would have almost certainly have gone on to become the official "winner" as well, despite receiving fewer votes than Rick Santorum.)

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Dallas County, TX taxpayers alone have spent hundreds of thousands thanks to the law, and may have to spend much more
GOP County Commissioner accidentally calls it a 'problem'...
By Brad Friedman on 2/3/2014 1:27pm PT  

Completely unnecessary polling place Photo ID restrictions enacted by so-called "small government conservatives" are costing taxpayers more and more big government money every day.

In Dallas County, Texas, for example, where County Commissioners are wrestling with the Republican-enacted state law to restrict which legal voters will be allowed to vote, hundreds of thousands of dollars have already been allocated to try and help legally registered voters retain their right to vote in the upcoming March primary election, according to the Dallas Morning News. And it looks like they will have to spend still more.

The cost of "small government conservatism" to taxpayers continues to mount in the Lone Star State, on outreach to voters and administrative necessities, as well as the cost of defending the voting restrictions in state and federal court...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/31/2014 1:40pm PT  

Sure, Pennsylvania's Republican Governor Tom Corbett may be the dumbest in the nation, but the competition for that title is certainly fierce and tough to quantify.

Who can forget his advice to women of the state back in 2012 that they should just lie back and "close your eyes" while being forced by his government to receive a vaginal ultrasound while the monitor must be pointed towards them before terminating a pregnancy? That was fun.

Then there was his claim that same year, described as "ludicrous" to The BRAD BLOG by a longtime Keystone State election integrity expert, that the GOP polling place Photo ID restriction bill he signed into law was needed, in no small part, because some precincts in the state "come in with a 112 percent" turnout. Of course, that was completely untrue, but, hey, it sounded like actual information! That voter restriction law, as we reported recently, was permanently enjoined by a state court earlier this month after it was found to be in violation of the commonwealth's constitutional right to vote. The law, according to the court, would also have disenfranchised "hundreds of thousands" of legal voters in the bargain.

But how could Corbett have known that? After all, when Corbett's own appointed Secretary of the Commonwealth Carol Aichele (another great mind and, coincidentally, the wife of Corbett's own Chief of Staff), was asked about it in court during the legal challenge to the law, she admitted, "I don't know what the law says." Hey, if the state's chief election official doesn't know how many thousands or millions of otherwise legal voters will be disenfranchised by a law, how should the Governor be expected to know any better?!

But the news is not all bad for Gov. Genius, as a new poll out this week in advance of his exciting re-election bid this year details!...

--- Click here for REST OF STORY!... ---

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And, no, Photo ID restrictions wouldn't have stopped him
(Or the VERY high profile GOPers who committed same)...
By Ernest A. Canning on 1/30/2014 5:05pm PT  

On Tuesday, a Los Angeles County jury convicted California State Senator Roderick D. Wright (D) of false residency voter fraud, after finding that he lied about his address on voter registration and candidacy papers.

Wright's crime was an elite form of voter fraud, which, along with almost all of the most prevalent forms of voter fraud, would not have been prevented by polling place Photo ID restriction laws.

The jury was not persuaded by Wright's claim that he resided in the Inglewood residence of his common law stepmother. Prosecutors presented extensive evidence that established that Wright resided in an "upscale Baldwin Hills neighborhood" that was outside the district. They found that, in addition to lying about his address on his voter registration and candidacy papers, he fraudulently voted in five elections.

As we have repeatedly explained, most recently in covering a recent judicial determination that Pennsylvania's Photo ID law violated that state's constitution, cases involving in-person voter impersonation by ordinary citizens --- the only type of voter fraud that can possibly be prevented by polling place Photo ID restrictions --- are about a scarce as hen's teeth. False residency, by contrast, is a form of voter fraud that has reached epidemic proportions amongst our political elites in both parties, especially, as Brad Friedman has tirelessly documented, amongst the very high-level Republicans who hypocritically call for Photo ID restrictions for everybody else.

Where millions of innocent Americans are at risk of disenfranchisement as a result of the phantom menace of in-person voter fraud, prosecutions of elite politicians for false residency voter fraud have been rare. In one of those rare instances, former Indiana Republican Secretary of State Charlie White was convicted in 2012 of three counts of felony false residency voter fraud. His conviction was particularly ironic, given that he was the chief election official in the first state in the nation to implement polling place Photo ID restrictions. Despite his felony voter fraud charges (and four others) White has not had to serve so much as a single day in jail. Wright, a Democrat, faces up to eight years in prison.

[Update 1/31/2014: Following a meeting by the Democratic caucus, California State Senate Leader Darrell Steinberg (D) announced that Wright will retain his seat pending appeal. However, the Democratic caucus, which sports a super-majority in the state Senate, removed Wright from his position as the Chairman of the Senate Governmental Affairs Committee.]

Here are just a few of the cases of false residency voter fraud we've documented over recent years, by some high-profile GOPers you will be very familiar with...

--- Click here for REST OF STORY!... ---

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PLUS: Congress members given network air time to 'red-bait' Edward Snowden; Photo ID struck down in PA; MUCH MORE...
By Brad Friedman on 1/23/2014 6:05am PT  

[A version of this article has now been cross-published by Salon...]

A number of unhappy "good government" groups will file a lawsuit against the Federal Election Commission next month, in hopes that the courts will force the FEC to enforce the federal campaign finance laws that the FEC is, supposedly, there to enforce.

The organizations are particularly unhappy about Karl Rove's Crossroads GPS "behemoth" outfit, which has raised hundreds of millions over the last several years to elect Republican candidates to office, recently receiving a pass from the FEC, even after the agency's Office of General Counsel found reason to believe Rove's group clearly violated campaign finance laws.

The news about the groups' intention to file suit was offered on the KPFK/Pacifica Radio BradCast this week by my guest, Craig Holman, the Government Affairs Lobbyist for Public Citizen's Congress Watch. Public Citizen, along with the Campaign Legal Center, Center for Media and Democracy, and Protect Our Elections filed the initial complaint over campaign spending in 2010 by Rove's then new non-profit 501(c)(4) organization. They now plan to sue the FEC for failing to do their job, Holman explained on the show on Wednesday. [Disclosure: Protect Our Elections is a campaign created by VelvetRevolution.us, an organization co-founded by The BRAD BLOG, though we weren't personally involved with either the complaint or the upcoming suit.]

"What's happened with the Federal Election Commission is," Holman explained during my interview [posted in full at the end of this article], Senator "Mitch McConnell [R-KY], back in about 2008, realized that even though he can't get Congress to rescind campaign finance laws --- and he certainly can't sell the public on rescinding campaign finance laws --- he realized that if he were to appoint three Republican Commissioners to the FEC, he could ensure that the campaign finance laws don't get enforced. And that's exactly what has happened." Holman detailed how three-to-three deadlock votes on whether to pursue further action in most of the campaign finance rulings by the three Democratic and three Republican Commissioners on the FEC has increased "nine-fold" since 2008. A deadlock vote effectively ends the matter, even if wrong-doing had been found by the investigative staff, as is the case here.

In the original complaint against Rove's Crossroads GPS, the FEC's Office of General Counsel (OGC) found that the group had spent a majority of its funding on campaigning in 2010. If so, that's a violation of the law, since Rove's group should have filed with the FEC as a political committee, rather than as a 501(c)(4) which is supposed to be a non-electioneering "social welfare" organization. As a political committee, funders would have to be immediately disclosed, but as a (c)(4), the identity of those funding Rove's organization can remain a secret....

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Reddit says 'Yes!'...
By Brad Friedman on 1/21/2014 6:16pm PT  

Can't tell you how nice it is to see that people finally seem to be getting it. At least people on Reddit, where someone linked to our recent story on last week's court ruling finding that the Pennsylvania GOP's polling place Photo ID restriction law was in violation of the state Constitution's fundamental right to vote.

For years, I've found myself showing up at similar Internet nether-regions and being forced to respond in comments to idiotic questions about Photo ID laws and claims of pretend "voter fraud", since so few seemed to understand the scam.

If this Reddit comment thread is any indication, folks are finally beginning to understand it and, all by themselves, are able to bury the Fox "News"-infested stooges who have either been conned or just hate democratic values like the right to vote and equal protection for all.

Check out all of the great responses below (happily, none by me!) to the one simple question posted in comments there: "What's to stop someone from walking into the polling station, saying your somebody else and casting a vote?" With each reply from a different person, the Redditors buried the dude...

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