Guest blogged by Ernest A. Canning

On California's June ballot this year, a measure paid for and deceptively represented by one major corporate sponsor, Pacific Gas & Electric (PG&E), purports to be a "Taxpayers Right to Vote Act." In truth, the initiative represents one corporation's attempt to pervert the "citizen's initiative" process by spending millions to deceive voters into believing they can push back against the vaguely socialist-sounding notion of "government-run electric service."

The measure is anything but a "Taxpayers Right to Vote Act," and that name itself has even been out-and-out rejected for use on the ballot by the state's Attorney General --- not that it has stopped PG&E from misleadingly selling it that way to the public in a multi-million dollar television ad buy and direct-mail propaganda campaign...

It's not just the troops and the election officials who are now acting on concerns of disenfranchisement. Now the Hispanic community and Democrats are charging the Governator's special election dates will "thwart voter turnout within minorities communities".

On the heels of The BRAD BLOG's coverage yesterday reporting on worries that thousands of overseas and military voters could be disenfranchised by CA Gov. Arnold Schwarzenegger's order for an early special election schedule in the state, and that election officials were "outraged" by the timing and concerned about the costs, minority groups and the Democratic Party are now filing suit to halt the impending election, charging the compressed dates are in violation of federal law.

A nine-page complaint [PDF] was filed in the Northern California U.S. District Court today by three Hispanic plaintiffs seeking "a temporary restraining order, a preliminary injunction and a permanent injunction" to halt the impending June 22nd special primary election date to fill a vacancy in Senate District 15 following the appointment of Abel Maldonado as Lt. Governor. The lawsuit is being funded by the state Democratic Party.

The suit charges that the short time-line for the special election schedule did not leave time for the required preclearance of the election dates under Section 5 of the federal Voting Rights Act. Monterey County, one of five included in SD 15, is covered by Section 5, a provision which requires the Dept. of Justice to pre-approve changes to voting laws in jurisdictions around the country where minorities have been historically disenfranchised.

Yesterday, retired twenty-year armed services veteran and Monterey talk-radio host Scott Dick detailed how the expedited special election schedule meant that ballots could not possibly be printed and sent to military family and personnel serving overseas prior to the 45-day minimum requirement of the federal Military and Overseas Voter Empowerment (MOVE) Act. He charged that there will not be enough time for those voters to receive and return their ballots in time to be counted in the special election.

State election officials, The BRAD BLOG has learned, share similar worries...

[UPDATED: Santa Cruz, CA, County Clerk/Registrar and Vice President of the CA Assoc. of Clerks and Election Officials (CACEO) Gail Pellerin saw our article just after it went up, and wrote to both thank us for covering it, and to express her outrage over the Governor's decision here. She points us to a letter sent by clerks to his office earlier this week, and also notes that "Military voters are definitely disenfranchised" by this move. See the UPDATE at the end of this article for more comments and detail from Pellerin. - BF ]

[UPDATED AGAIN: Hispanic voters file federal complaint, charging violation of Voting Rights Act. Details at bottom of article - BF]

-- Guest blogged by Scott Dick

Governor Arnold Schwarzenegger is effectively disenfranchising at least 2,046 overseas California voters around the world, including military personnel stationed in combat zones in Iraq and Afghanistan by calling a special election for June 22, 2010.

Background: The Senate seat from California's Senate District 15 was recently vacated when Schwarzenegger's nominee, Abel Maldonado, was confirmed and sworn in as the new Lieutenant Governor. He was appointed as a replacement to the elected John Garamendi who was recently elected to the U.S. Congress in a special election filling the seat of Ellen Tauscher who had been appointed by the Obama administration to a post in the U.S. State Department.

Schwarzenegger set the date for the special election to fill Maldonado's Senate District 15 seat as June 22, 2010, virtually eliminating the ability of overseas voters to participate in the election.

While not directly violating the federal Military and Overseas Voter Empowerment Act (MOVE Act) signed into law October 28, 2009, he is most certainly violating it in spirit. The law was designed to ensure the rights of overseas civilians and deployed military personnel to participate in federal, state and local elections. For federal elections it requires ballots to be sent out 45 days prior to an election to allow the Department of Defense time to process those ballots. If a state requests a waiver they must do so 65 days before the election. The law was passed with a 45 day minimum requirement for a very good reason --- a reason that Schwarzenegger seems willing to ignore, unless he can be convinced to change the date of the election, and quickly...

Yesterday, Peter Hart, of the media watchdog Fairness and Accuracy in Reporting (FAIR), flagged the New York Times' latest ACORN-related report for us and notes "how far the Times is from where it started on this story."

Yes, after a full six months of out-and-out misleading the public on the now-infamous ACORN "Pimp" Hoax by repeatedly misreporting that disgraced rightwing prankster and activist James O'Keefe had dressed as a 70's-era blaxploitation pimp while scamming low-level workers in ACORN offices --- and even as the Times finally conceded it was wrong on at least that point just two weeks ago --- the paper has still been standing by the misleading assertion that O'Keefe "clearly presented himself as" a pimp in those offices.

But the NYTimes' latest story is decidedly "pimp"-less and seems to tacitly serve as an admission that even that false narrative was previously misreported. Of course, they've yet to issue a public acknowledgment --- much less a correction, retraction, apology, or explanation --- for having gotten that point so wrong, for so long.

Last week's finding by the CA Attorney General, that ACORN committed "no violations of criminal law" in any of the illicitly and likely-illegally taped videos that O'Keefe and his partner Hannah Giles created in CA offices, may finally have convinced the people running the paper they had it wrong. At least if one notices the glaring absence of what wasn't reported this time around by the Times in its most recent story...

On Friday night, responding to the CA AG's finding that the ACORN "Pimp" Hoax videos --- as created and published by righwing con-artists James O'Keefe, Hannah Giles, and Andrew Breitbart --- were precisely the hoax we'd long described them as, MSNBC's Rachel Maddow hit it out of the park, detailing precisely the reason we've been focused on this point for so long: "The triumph of fake politics...The unmooring of politics from facts," and the unforgivable truth that you've heard far more about the partisan-driven hoax/politics agenda in the media, than about the fact that that these things were all hoaxes.

Maddow takes the opportunity to highlight not only the "triumph" of the ACORN "Pimp" Hoax, but of other successful GOP-played/MSM-enabled scams such as "ClimateGate" (also near and dear to our hearts as we've covered that scam in great depth in our Green News Reports for months, most recently on Thursday), faked GOP outrage about recess appointments, health insurance reform, Miranda rights and civilian trials for accused terrorists, the stimulus bill, "death panels," Obama's birth certificate, supposed threats to the Second Amendment, armed IRS agents coming to get you, abuse of the census, Obama's "plans" to ban sport fishing, et al.

These things are, as she declares in no uncertain terms, "all bull." Yet, she adds, "there’s more bang for the political buck to make stuff up like this than to try to debate real problems in the real world. So just go with the bull"...

Our only complaint is that her indictment comes a month or two (at least) too late for victims of the GOP's ACORN scam, and that, other than Fox "News," she fails to call out the still-respected-but-shouldn't-be enablers of the scams in the first place --- in this case, for example, the still-misreporting New York Times.

If you can't watch the video above, or would just like to savor it and/or quote any of the exceedingly-quotable text to your erstwhile inexorably-brainwashed, fully-hoaxed, teabagging wingnut friends and family members, the text transcript is posted here...

Is it really this hard for anybody in the corporate media --- the folks who actually get paid to do this job --- to get this story right??

From McClatchy/Sacramento Bee's much-linked coverage on yesterday's finding by the CA AG that ACORN workers in California, as seen in James O'Keefe and Andrew Breitbart's "severely edited" pimp hoax videos, "committed no violation of criminal law":

But while McClatchy/SacBee misreports "O'Keefe...claimed he was a pimp," the report [PDF] released by CA AG Jerry Brown yesterday afternoon --- the very one that is being reported on in the article(!) --- notes quite specifically: "He never claimed he was a pimp."

Yeesh. Yet I'm the one who doesn't get paid to do this, so has to beg for donations every month! (Hint.)

The McClatchy/SacBee misreport was filed on their website last night. I notified the paper's editors, along with the article's reporter Jack Chang, about the error via email last night. As well last night, I called the paper, left a polite voice mail for their corrections editor, and then spoke personally to their City Desk editor who kindly thanked me for letting him know about the error. Today, via email, Chang kindly sent a thanks as well. As of 11:51am, however --- and dozens of dozens of misinformed readers having left comments on the article --- no correction has been made to the article on the SacBee's website.

Is it really this hard? Only took two-months for the New York Times to post its partial correction. Let's hope McClatchy/SacBee do the right thing a bit sooner.

UPDATE 2:40pm: Well, that was much easier. SacBee has now issued a correction which gets the story much closer to the actual facts...

Just a quick note to mention I'll be presenting Saturday's (3/27) keynote address at the "Media Reform Summit" sponsored by CA Common Cause here in Los Angeles at Occidental College @ 11am. The theme of this year's conference is, appropriately enough, "Preserving Democracy."

After appearing on panels at each of the past two year's conferences, I'm honored to have been invited back to offer this year's keynote and am much looking forward to it. (Here's some video/text-transcript from my first appearance two years ago, on a panel alongside then-Congresswoman, now-Sec. of Labor Hilda Solis.)

If you're in the 'hood and can drop by, please do! I'll work to make it worth your time! More details, including directions, other speakers/panels, etc. are all available here...

POST-CONFERENCE UPDATE:

Video of keynote address is now posted here...

Guest blogged by DES

In case it seemed as if California Republican primary politics weren't quite weird enough, "Queen of the Birthers" Orly Taitz has lurched into the breach. From The Orange County Register:

RAW STORY reports that if elected, Taitz plans to "use her office to pursue an investigation of Obama's citizenship." Insert your own punchline here.

If the Israeli-born Taitz receives the nomination in the state's June primary, she would face presumptive Democratic opponent Sec. of State Debra Bowen in November. Bowen is running for her second term as California's chief election official.

Wow. These guys ain't fooling around.

If the Republican Gubernatorial primary candidate Carly Fiorina is willing to put out a web ad like this, against her Republican opponent Tom Campell in the race for the GOP nomination to run against Democratic Sen. Barbara Boxer this year, do the Democrats have any idea of the crazy train they're about to be barreling into?...

[Hat-tip TPM who tweets it as "Possibly the best web ad ever". We might have to agree.]

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

-- By Brad Friedman and Ernest A. Canning

As The BRAD BLOG reported over the weekend, an internecine firefight has blown up among progressives who support the candidacy of Marcy Winograd against entrenched "Blue Dog" Jane Harman (D-CA), and Rep. Lynn Woolsey (D-CA), long regarded as one of the more progressive members of the U.S. Congress.

Woolsey, the co-chair of the Congressional Progressive Caucus (CPC) and a longtime Advisory Board Member of Progressive Democrats of America (PDA), stunned progressives over the last several days when it was revealed that she was endorsing, and would be participating in a fundraiser for Harman next Saturday, January 16th, as noted in our report yesterday.

In the wake of Woolsey's curious support for the seven term Democrat, PDA is issuing an email blast to supporters tonight, asking them to sign on to an open letter (posted in full below) demanding Woolsey withdraw from the upcoming event, as well as drop her endorsement of Harman who will be challenged this year by Winograd, a longtime leader in PDA's Los Angeles chapter, and the first candidate of 2010 to be endorsed by the group. Winograd ran an unsuccessful challenge against Harman in 2006, but has begun her campaign earlier this year, and hopes to capitalize on growing progressive outrage at entrechned Congressional Democrats such as Harman. In a recent letter to supporters, Winograd described Harman as "the Joe Lieberman of the House."

In the open letter posted here, initially signed by Tim Carpenter, PDA's National Director, Mimi Kennedy and PDA's Advisory Board Chair, the group, describes the process signing the letter as "painful," but describes the negative response from members to the Woolsey endorsement of Harman, and asks for her to withdraw from the event immediately.

"The tone and emphasis of the responses vary, but the overwhelming gist is clear," Carpenter and Kennedy write to Woolsey, "The progressive base is upset about your scheduled involvement [in the January 16 fund-raising event] and hopes that you will withdraw from this event. As an organization, Progressive Democrats of America joins in that request."...

Guest blogged by Ernest A. Canning

A little more than seven months after launching her second attempt to unseat California's powerful eight-term Democratic U.S. Congresswoman Jane Harman, the PDA-backed Marcy Winograd recently sent out a fundraising email in which she described Harman as the Joe Lieberman of the House.

In the campaign letter, Winograd notes Harman's claim in her 1998 election, as reported by the Los Angeles Times: "I was flattered to be introduced in the last election as the best Republican in the Democratic primary."

The Harman campaign did not respond to an email requesting comment on the quote above, though a spokesperson from the Winograd camp sent us a copy of the archived 1998 LA Times report on the Congresswoman's comments to "several hundred civic leaders" in downtown Los Angeles, containing her direct quote which ends with Harman adding: "I accept."

The race presents a classic David and Goliath match up. With a net worth ranging between $236 million to $558 million, Harman, is said to be one of the richest members of Congress. Winograd, by contrast, is running a bottom-up progressive campaign of the type I advocated for recently in "Progressives of America - Unite!". The match-up presents a stark contrast in directions for a conflicted Democratic Party...

Guest blogged by Ernest A. Canning

California, a state which, at $1.8 trillion, has the world's eighth largest economy, now finds itself at the edge of an economic abyss.

Despite Governor Arnold Schwarzenegger's Draconian cuts to health care and education of more than $15 billion, purportedly to close a $26.3 billion gap in the state's finances, despite a pending 32% increase in student tuition at all University of California campuses and three "furlough" days per month in which state employees are forced to stay home without pay, California now faces a 2010 budget deficit estimated to range from $21 billion to $25 billion.

As shocking as it may seem, this looming fiscal catastrophe did not arrive by accident. It is, according to a number of progressive policy experts, the intended product of a Republican-led privatization scheme...

A potentially interesting situation is underway in New York's 23rd Congressional district where post-election canvassing of the recent Special Election for the U.S. House is still underway.

According to Syracuse's Post-Standard, the post-election canvass shows the race between Conservative Party candidate Doug Hoffman, who conceded on Election Night, and Democratic candidate Bill Owens, who was sworn in as the district's new U.S. Congressman last Friday, to be tightening as results are double-checked, errors are being found, and a few thousand absentee ballots are still uncounted.

The race, regarded by many as a a bellwether contest before next year's full Congressional elections, appeared to have swung in the Democrat's favor on Election Night, following the suspension of the campaign of Republican candidate Dede Scozzafava who threw her support to Owens after she'd dropped out just days prior to the election.

On Election Night, Owens was reported to be the "winner" by just over 5,000 votes, with 93 percent of the votes tallied, leading to Hoffman's concession. Since then, various errors have been discovered in at least two different counties, resulting in a gain of some 2,000 votes for the Conservative Party's Hoffman, bringing the latest tally to 66,698 to 63,672. Closer, now a 3,000 vote margin, but still favoring Rep. Owens.

There were, however, some 10,200 absentee ballots requested and distributed. And, as we understand New York's state election laws, none of them have yet been counted. Many of those ballots were purportedly cast when Scozzafava was still in the race. At that time, according to Hoffman's campaign at least, they might have had an edge in the then-three-way contest. So it's possible, though believed to be a long shot, that Hoffman could gain enough votes in absentees to eclipse Owens.

This scenario --- a Congressional candidate quickly sworn in, based on unofficial results shortly after a bellwether Special Election before all votes have been properly counted --- should be a familiar one to long-time readers of The BRAD BLOG. A very similar situation occurred in the 2006 race to replace the jailed Republican Rep. Randy "Duke" Cunningham in California's 50th Congressional district.

While Republicans who stood in support of the Conservative Party's Hoffman this year --- he was endorsed by the likes of Rush Limbaugh, Sarah Palin, Glenn Beck, Michelle Malkin and the Republican Party itself (only after Scozzafava was pressured to drop out) --- are finding some cause for optimism in the still-narrowing margin. Limbaugh certainly has, at least according to his breathless reporting of the goings-on in NY-23 on his show this morning.

But the legal maneuvering and judicial precedent that the then-Republican-led House pulled in the Summer of 2006, in order to keep votes from being counted in the CA-50 Special Election and, indeed, to keep the voters of California from even being able to contest their own election, should ensure that Hoffman can no longer, legally, take possession of the House seat via any challenge in New York --- even if he's eventually found to have received more votes than Owens!...

I'll be sitting in for Angie Corio on Live from the Left Coast on Green960 (KKGN-960AM) in San Francisco tonight (Friday) from 6p - 8p PT (9p - 11p ET).

Scheduled for tonight's Media-Reform-a-Palooza:

• FRANK SCHAEFFER, former rightwing fundamentalist leader, author of Crazy for God: How I Grew Up as One of the Elect, Helped Found the Religious Right, and Lived to Take All (or Almost All) of It Back on his "Letter to Rupert Murdoch" calling for an end to Fox "News'" inciting of violence, and his endorsement of VelvetRevolution's StopDomesticTerror.com campaign.
• SUE WILSON, filmmaker of Broadcast Blues on the the epic fail of the FCC to carry out their duty in overseeing the corporate abuse of our public airwaves and the Democrats failure (see my article "The Media Need a Fair and Balanced Doctrine" at Alternet to do anything about it.
• PLUS: Supporting the White House attempts to hold Fox "News" accountable and your calls on all of the above (866-960-5753)!

You can listen via the live Internet stream here or here if you're not in the Bay Area. Please tune in, stream in, call in and join the LIVE online chat room during the show at lftlc.com/LIVE!

POST-SHOW UPDATE: I'm delighted that our friends at KRXA 540am in Monterey, CA also decided to pick up and simulcast last night's show as well! Thanks to those who tuned in and called in!

Thanks to the good folks at LFTLC.com for removing commercials, these "hours" are appx. 40 mins each...

HOUR 1: White House v. Fox "News". And Frank Schaeffer on the looming danger of rightwing extremism...
Download MP3 or listen online below...

HOUR 2: Sue Wilson on reforming the media...
Download MP3 or listen online below...