Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina's polling place photo ID restriction law. The letter argues that proponents' unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

I was joined today by The Nation's Ari Berman on my KPFK/Pacifica Radio show to discuss his new article today in Rolling Stone on "The GOP War on Voting". See my report on his article from earlier in the day right here.

This was an important discussion about an important article about one of the most important issues to directly effect the outcome of virtually every election in the nation in 2012. None of that, apparently, given what the rest of the MSM decided to cover today, is any where near as important as whether John Boehner will allow the President to speak to a joint session of Congress on Sept 7th or or whether it'll have to be on Sept 8th, and whether Christine O'Donnell or Sarah Palin will appear at a "Tea Party" event this weekend in Iowa.

And you wonder why we're in the mess we're in.

My conversation on "The GOP War on Voting" with Ari Berman today follows...

Download MP3 or listen online here [appx 27 mins]...

[NOTE: Ari Berman, author of the article discussed below, joined me on my KPFK/Pacifica Radio show today. That interview is now posted here. - BF]

While readers of The BRAD BLOG may be familiar with many of the items covered in Ari Berman's fine new article "The GOP War on Voting" at Rolling Stone today (and in its Sept 15, 2011 issue on newsstands), it's great to have a summary of all of the latest state-based assaults on voting rights instituted to date, in the wake of last year's Republican wave election, all in one place.

Berman covers all of these and more in his piece on the "unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that elected Barack Obama in 2008," described by one civil rights advocate as "the most significant setback to voting rights in this country in a century"...

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...

Guest blogged by Ernest A. Canning

Last Friday, Aug. 5, in a 15-page letter [PDF], the American Civil Liberties Union (ACLU) asked the U.S. Department of Justice to deny pre-clearance of South Carolina's photo ID law, as signed into law by Gov. Nikki Haley (R), pursuant to Section 5 of the Voting Rights Act. Pre-clearance must be denied if the law was enacted for a discriminatory purpose or if it has "the effect of denying or abridging the right to vote on account of race or color."

As the Voting Rights Act of 1965 addressed specific barriers to voting that had been enacted by the Jim Crow South, the ACLU letter, of necessity, focuses upon the disproportionate impact upon South Carolina's African-American electorate who are amongst the 178,175 registered South Carolina voters who do not possess the forms of photo identification required by the state's new polling place Photo ID restriction law. However, the ACLU's discussion of pretextual justifications for the Palmetto State's new law exposes a GOP intent to suppress the vote on the basis of class as well as race not only in South Carolina but in the spate of similar photo ID laws that are being pushed in state after state by the GOP, and supported by their paid partisan shills in the right-wing media...

Matthew Vadum will lie about anything he needs to in order to collect his wingnut welfare paychecks apparently. American values such as democracy be damned. It's partisan politics (and paychecks) at all costs.

Vadum has, of late, taken over from the disgraced Bush/Cheney general counsel turned fake "voting rights advocate" Thor Hearne of the fake "American Center for Voting Rights" (ACVR), and the disgraced liar John Fund of the Wall Street Journal as the moment's GOP master of media misinformation meant to confuse the public about polling place Photo ID restriction laws passed by the GOP in statehouses around the country over the past few months in order to suppress the legal Democratic-leaning vote in advance of 2012.

Like Hearne and Fund before him, he's very good at his job. He's very aggressive. And there is little he is unwilling to blatantly, if cleverly, lie about to fool his gullible constituency.

Vadum's latest misinformative article, as published by Tucker Carlson's The Daily Caller and, predictably, echoed around the intellectually dishonest and incurious wingnut blogosphere last week, picks up where his recently published propaganda book about ACORN leaves off.

That book, which he was kind enough to send us a copy of recently, is pitched on its cover and its publicity sheet as an exposé uncovering the truth behind the former four-decade old community organization who he describes as "Ballot Box Stuffers," "Urban Terrorists," and "Gangsters."

That his silly book fails to detail even a single ballot box "stuffed" by ACORN is little surprise. There exists no actual evidence, after all, of any illegal vote ever having been cast by any voter who was improperly registered by an ACORN worker. But this is all politics as usual to partisans like Vadum. So preposterous propaganda meant to directly undermine American democracy is merely all in a days work for dudes like him.

The same disingenuous "voter fraud" sleight-of-hand used in his book is once again recycled in his latest "news" article. Like his book, the article is meant to do little more than dishonestly reinforce support for reprehensible voter suppression laws that offer an advantage to Republicans at the ballot box. As Vadum knows, it's far easier for Republicans to "win" elections by keeping their opposition from being able to cast their legal votes --- and certainly easier than risking jail time by gaming electronic voting systems --- than it would be to actually garner popular support for their actual agenda. That's the game for which Vadum gets paid.

He's a rather silly man, and its child's play, naturally, to demonstrate, using his own words --- as we've been doing similarly for years with now-disgraced 'voter fraud' fraudsters like Hearne and Fund --- how Vadum knowingly lies to his constituency. But we guess it's necessary to do it one more time here with Vadum, if only to place it on the Internet record to help those who don't know about him or his pernicious scam, and how it's meant to mislead otherwise good folks with clever "voter fraud" rhetoric that represents the problem as something far different than what it actually is....

On my Pacifica Radio show today on KPFK in Los Angeles, I discussed yesterday's report at The BRAD BLOG concerning the woman who was forced to jump ridiculous hoops while trying to help her son get Photo ID at the Wisconsin DMV in the wake of the new GOP voter suppression law there which institutes polling place Photo ID restrictions before legal voters are allowed to cast their legal vote.

By the way, I spoke to the woman today --- who'd like to be identified only as Nicole --- and she made clear that her video was not secretly taped (as, for example, James O'Keefe's ACORN hoax tapes were). Her video camera was on the table and in plain sight the whole time, she told me.

As seen (and heard) in her video tape, during the process of trying to get the Photo ID for free at the DMV, as allowed by the new statute, the son's bank statements were rifled through, and questioned as to whether they showed enough "activity" on them. Also, they were almost charged $28 for the "free" ID, which brought up questions as to why the WI DMV policy is to charge applicants, unless they know to "request" the ID for no charge.

I also took the opportunity during the show to offer a bit more background context, including a 1980 sound clip from Paul Weyrich, one of the "conservative" movement godfathers, during which he calls for fewer people to be allowed to vote. "Quite candidly," he said to the convention of Baptist ministers where Ronald Reagan and Jerry Falwell also spoke, "our leverage in elections goes up when the voting populace goes down."

That's what all of this is about. He says it quite plainly in the video tape.

Weyrich went on to found the non-profit American Legislative Exchange Counsel (ALEC), the group of Rightwingers said to be responsible for writing the polling place Photo ID restriction laws being passed by Republicans now in state after state. I also share some hard stats on who will actually be affected by these laws (and who will not.) And, for good measure, I tossed in some Stephen Colbert speaking about Photo ID and "voter fraud" as well.

Enjoy!

Download MP3 or listen online below [appx 28 mins]...

"This is what voter suppression looks like."

Those are the words on the final title card in the video [embedded below] shot by a Wisconsin woman documenting her experience at the DMV in Madison last week. The video purports to illustrate the ridiculous extra, and invasive, efforts many previously-legal voters in the Badger State will now likely face in order to exercise their right to vote in the state since the passage of the GOP majority's newly enacted voter suppression laws.

In this case, the woman was trying to help her son get a free Photo ID at the DMV, as is his right under the new statutes. At first she was told the charge for the supposedly-free ID would be $28, and that was only after she convinced a clerk that there had been enough "activity" in her son's bank account, as used by the clerk to determine whether or not he actually resided in the state.

And that was for an affluent white resident. If you're a homeless person in WI, as the woman's interview with another clerk in the video suggests, you can pretty much just forget about being able to vote at all under the new law.

An official at the Wisconsin Dept. of Transportation confirmed to The BRAD BLOG that those seeking the Photo ID for free must actually know to request it during the application process, as required by the language, she told us, in the new state statute...

Prepping for tonight's Malloy Show, so very quickly, this from Wednesday night's Colbert Report. Can't tell you how nice it is, after so many years, that I'm no longer one of the very few yelling and screaming about this shit...

We were off the grid for much of last week, blissfully ignorant somewhere in the mountains of Arizona, as the first of Wisconsin's series of state Senate recall-related elections took place last Tuesday. Thanks to, quite literally, "fake Democrats" put up by the state Republican Party, the six elections held last Tuesday were forced to be Democratic primary elections, instead of Republican recall elections, as the state GOP hoped to game the system to buy more time before six of their state Senators will be forced to face the real recall elections.

Last week's, largely pointless elections cost the state nearly half a million bucks. Remember that fake "budget emergency" the GOP and Scott Walker claimed as their reason for the need to strip the right of citizens to collectively bargain with the state? Guess the state wasn't in such dire straits after all, since they could afford to blow money on elections meant only to buy Republicans time to stave off the unprecedented recall challenges.

The real recall elections to unseat six Republican state Senators are now scheduled for August, as all six of the real Democrats soundly defeated each of the Republicans' "fake Democrats" in last week's primaries. At least according to Wisconsin's unverified, computer-tabulated results. 5 of the 6 real Dems reportedly received over 60% of the vote against their fake opponents. One received 54%.

Yesterday, there were three more elections in the Badger State. One actual recall election against a Democratic state Senator, and two Republican primaries featuring real GOP candidates vying for the nomination to take on the other two Democratic state Senators facing recall elections scheduled for August.

The Dem facing the recall yesterday handily defeated his Republican challenger, but we'll defer to Daily Kos' David Nir for his smart summary of the computer-reported results...

If the state Dems are able to pick up just three of the Republican seats, out of the six in contention next month --- without losing either of the two remaining recall elections that the Dems still face --- they'll take the majority back from the Republicans to effectively neuter the hard Right Republican Gov. Scott Walker agenda until he too is likely to be up for his own recall election next year.

In Wisconsin, however, as in all of our states at this point, the wild cards are always the electronic voting systems and access to them. To that end, there are a few more recently-related items of note to make sure you have on your radar. At least two of them involve "our old friend" and transparent democracy's enemy, Kathy Nickolaus, the now-infamous Republican County Clerk of Waukesha County...

I'd like to take the opportunity, before we get closer to the 2012 election cycle and things change for the worse in the Buckeye State (and as I prepare to step off the grid, and into the mountains for the bulk of the week), to laud Ohio's new Republican Sec. of State Jon Husted for his willingness to stand up for voters by bucking his party and standing against the polling place Photo ID restrictions the GOP is working to implement in his state.

Husted made his opposition plain in a statement late last month, after attempting to work with the General Assembly in order to craft an acceptable election reform bill [emphasis added]:

As The BRAD BLOG has had to explain far too many times over the years --- as based on empirical academic studies and even hard data from George W. Bush's own Dept. of Justice --- legislation implimented in order to restrict access to the polling place as based, ostensibly, on assertions of the incredibly rare crime of voter impersonation at the polls, is meant to do nothing more than suppress voters --- specifically, minority, urban, elderly, and student (read: Democratic-leaning) ones.

Some 18% of the country's legal electorate in this country do not possess the type of IDs required by these laws, and are likely to be disenfranchised or forced to pay a poll tax in order to exercise their legal right to vote, even though polling place impersonation is almost as rare as unicorns and leprechauns.

To that end, while I suspect we may end up taking various issue with Husted's positions or rulings in the future on related matters as the 2012 Presidential election looms in the always contentious state of Ohio, we'd just like to go on record for the moment here, to congratulate him for his intellectually honest stand on behalf of the voters of his state on this particular issue.

Thank you, sir.

P.S. Here's a slightly --- but only slightly --- more cynical take on the above.

Yesterday...

Happily, since we're on the road, we'll associate with Think Progress' Ian Millhiser today who offers more background news on this and the GOP's War on Voting, in which he accurately concludes: "It's much easier for the GOP to win the game, after all, if they can make it impossible for the other team's players to even take the field."

[Hat-tip Blue Girl.]

As a new report from the Council on American-Islamic Relations (CAIR) [PDF] is released today, documenting a rapid rise in U.S. Islamophobia and asserting that anti-Muslim rhetoric in this country has doubled between 2009 and 2010 for some odd reason, I'm reminded of one of my favorite calls from the past week sitting in as guest host of the nationally syndicated Mike Malloy Show on radio.

"Josh", a Right-leaning caller from Madison, WI and a self-identified "civil" and "very fair" person was incredulous that Wisconsin's new voter-suppressing polling place Photo ID restrictions would actually disenfranchise any voters, since they would have a year, he said, to get themselves one if they didn't already have one.

Most telling, though, was the way "Josh" --- a seemingly nice guy, but one who has been used and abused by the folks on the Right who are playing him for an idiot --- began his call explaining what a fair person he was because, as he informed me, he "used to have a Muslim co-worker" with whom he was able to "sit and talk". They even "used to be able to debate" without, presumably, the Muslim co-worker trying to blow him up or, I guess, vice versa!

Here's my amusing/distressing conversation with "Josh" from the Tuesday, June 21 Mike Malloy Show. [Appx 4.5 mins]...

Sigh...

By the way, here's some information on those 80- and 90-year old nuns turned away from the polling place in 2008 for lack of Photo ID, as I mentioned in reply to "Josh" during the call. And here are the remarkable hoops those nuns, and everybody else in Indiana, must now jump through in order to keep their vote from being completely thrown out if they don't happen to have an Indiana-issued Photo ID on Election Day.

Ironic, all of that, particularly in light of Charlie White, Indiana's new Republican Sec. of State (charged with overseeing the state's election laws), who is currently facing 7 felony indictments, 3 of them for voter fraud, which, curiously enough, were not detected or deterred by Indiana's draconian, voter-suppressing, polling place Photo ID restrictions. But, I guess, he's not a 90-year old nun, a student, or a WWII veteran.

More from the toon's artist, Joel Pett:

Via Oliver Willis:

Hat-tip Washington Monthly's Steve Benen who adds:

Of course, the new indictments handed down against Ehrlich's aides in MD (Ehrlich ended up losing the election anyway) are hardly the only examples of GOP election fraud going on out there, even as there are rarely indictments for any of it.

We recently detailed the story of the high-ranking Clay County, KY, election officials (including the County Clerk, a circuit court judge, and the school superintendent --- and other members of the County Election Commission) who were sentenced to a combined total of some 150 years in the federal penitentiary jail, for gaming elections for years in the county via buying and selling votes as well as, in 2006, actually changing the votes of voters on electronic touch-screen voting machines.

That's election fraud. As to actual voter fraud --- the thing that Republicans pretend exists in epidemic form, but doesn't, so they can use the propaganda to bolster implementation of their disenfranchising polling place Photo ID voter suppression schemes --- early this week we reported on the new complaint filed against former GOP Governor and current Republican Presidential front-runner Mitt Romney for having committed voter fraud in the state of MA. It appears that Romney voted in MA last year, even though he no longer actually lived there.

The facts of the case highlight Romney as just the latest in a rapidly growing list of high-profile GOP vote fraudsters, as detailed in our article, including Utah's former Governor Jon Huntsman Jr. (also set to run for the GOP Presidential nominee), Indiana Sec. of State Charlie White (who's already been indicted for 3 voter fraud related felonies), Missouri's U.S. Rep. Todd Akin (who's running for U.S. Senate), and GOP voter fraud queen Ann Coulter.

The complaint against Romney was filed by fellow GOP Presidential candidate Fred Karger, who was my in-studio guest last night on the nationally syndicated Mike Malloy Show (which I'm guest hosting this week and the beginning of next). The audio from my interview with Karger last night about his voter fraud investigation and complaint against Romney, and much more, can be downloaded here [MP3], or listened to online below...