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A little more than four months ago, when The BRAD BLOG first covered the ACLU's legal challenge to the deceptive ballot language that the MN GOP state legislature had used to describe its polling place Photo ID restriction initiative on the November 6 ballot, we expressed the concern that the legal challenge might succeed before the MN Supreme Court, yet fail in the court of public opinion. At the time public opinion polls revealed that 80% of Minnesota voters favored the amendment. We were wrong on both counts.

In August, a divided MN Supreme Court rejected the ACLU's challenge to the language used in the ballot question. By late September, the once popular "Photo ID needed to stop voter fraud" scam had become well enough debunked by so many that, as we we noted at the time, support for the misleading measure in the Land of 10,000 Lakes had "cratered" in public opinion polls there. And, finally, yesterday, MN voters reportedly rejected the Photo ID amendment by a decisive margin of 54% to 46%.

In our original coverage, we cited Mark Twain's famous quip that "a lie can travel halfway around the world while the truth is putting on its shoes," and the pervasive failure of the mainstream media to expose the truth about the GOP's "Big Lie" about pretend "voter fraud." But we had underestimated the extent to which legal challenges to Photo ID and other forms of GOP voter suppression, especially in Pennsylvania, would compel MSM coverage and educate the public...

From Palm Beach to Richmond, from Las Vegas to Portland, it's not a coincidence, it's a coordinated GOP scheme intended to keep Obama supporters from signing up to vote.

While a major element of the Republican National Committee's strategy to game the 2012 elections by affecting who gets to vote and who does not has been cut off at the knees in the wake of a criminal election fraud complaint and other late developments in the still-widening GOP Voter Registration Fraud Scandal, a disturbing and abhorrent nationwide GOP voter registration strategy may have also been revealed by it.

The coordinated strategy, as evidenced by recent video documentation emerging from a number of key states, includes registration workers screening out Democratic-leaning voters from registration drives in order to keep them from registering. The way it's done: lying to potential registrants about a "voter survey," rather than disclosing that workers are actually there to register voters --- but only Republican-leaning ones. The deceptive tactic has so far been seen this year in several of the five battleground states where the RNC's controversial, and potentially criminal, $3 million registration program was scuttled late last week after fraudulent registration forms were discovered to have been turned in by a shady firm hired by the RNC to sign up Republican voters in Florida and four other states.

The BRAD BLOG has also collected evidence suggesting that the dishonest registration tactic also appears to be in use in states where the RNC's firm, Strategic Allied Consulting, is not said to be operating, suggesting that the practice is not just one used by the discredited firm, but, rather, a nationwide voter scheme by the GOP.

Questions about the legality of the tactic are emerging as well, though the deplorable ethics of the practice, legal or otherwise, would seem to be beyond dispute.

Election officials in the five states where Strategic was paid some $3 million by the RNC to do voter registration, Florida, North Carolina, Virginia, Colorado, and Nevada, are now said to be in the process of scrambling to review tens of thousands of new and updated voter registration forms submitted by state Republican Parties, as collected by the firm owned by Nathan Sproul, a long-time, notorious GOP operative and paid political consultant of Mitt Romney's campaign. But the disturbing, and seemingly coordinated, tactic of registration workers instructed to misrepresent themselves in order to screen out potential Democratic voters is coming to light as a separate element of the GOP Voter Registration Fraud Scandal.

To date, The BRAD BLOG has documented instances of the phony "polling" tactic being used by Republican voter registration workers in Colorado, Virginia, Nevada, Oregon, and, in years past, Tennessee and Minnesota. Our suspicion at the moment: What we have been able to discover to date is just the tip of the iceberg...

According to a new poll out today, voters in Minnesota may be getting wise to the state Republicans' scheme to suppress the votes of minorities, the elderly, students and the poor, all of whom have the annoying habit of voting in favor of Democrats.

After MN's Democratic Governor Mark Dayton vetoed a law passed by Republicans in the legislature last year that would have required state-issued Photo ID for voters at the polling place before they were allowed to cast their vote, the Republicans decided to bypass the Governor and take the issue straight to the voters.

Without a single Democratic vote, and opposed by the state's chief election official, Sec. of State Mark Ritchie (D), GOP members of the legislature voted to put the issue up for a Constitutional Amendment referendum on the ballot this November.

While the wording of the ballot question itself was challenged by the League of Women Voters and other voting rights groups who charged that the language chosen for the ballot was purposely deceptive and failed to detail the real effects of the Amendment, at the time we first wrote about the matter in July, our legal analyst Ernie Canning noted that, if the referendum was allowed on the ballot, there was a very real chance that it might be supported by voters who, he said, have been "utterly deceived [in the] court of public opinion" about the need for such a restriction.

Citing a May 2011 poll of Minnesotans by the Star Tribune, Canning noted that a whopping 80%, at the time, supported the adoption of photo ID restrictions in the state.

The bad news is that, despite some skepticism displayed during the recent MN Supreme Court hearing about the ballot question (as well as the legalities of such a Constitutional Amendment itself, which was not at issue during the case heard by the court, whose justices are all appointees of former Republican Gov. Tim Pawlenty), the court eventually decided to allow the initiative to remain on the ballot this November as written.

The good news, on the other hand, is that, following an uptick in mainstream media coverage of the issue over the past several months, while a slim majority in the state still favor the amendment, support appears to be nose-diving, at least among Democrats and independents, according to a new survey by the Star Tribune...

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

Guest blogged by Ernest A. Canning

On Friday, U.S. District Court Judge Donovan W. Frank dismissed an amended complaint seeking to end Election Day Registration in Minnesota, as filed by a number of right-wing organizations in Minnesota Voters Alliance v. Ritchie.

In his 22-page Memorandum of Opinion and Order [PDF], Judge Frank rejected the plaintiffs central claim that MN Secretary of State Mark Ritchie and other election officials "violated the rights of eligible voters by diluting their votes with the votes of EDRs [Election Day Registered voters]."

Plaintiffs claims, the court stated, were "based on the erroneous premise that election officials must verify voters' eligibility before their votes are counted." Citing appellate authority, the court noted that "flawless elections are not constitutionally guaranteed" and that the plaintiffs had failed to allege facts that would establish that state election officials "engaged in invidious discrimination or intentional misconduct."

Judge Frank also ruled that the plaintiffs had admittedly failed to exhaust state remedies which would have permitted them to challenge an individual's eligibility to vote.

While Election Day Registration in MN is preserved, for now, it remains at risk thanks to a second prong attack on the state's popular, and inclusive, program ...

Guest blogged by Ernest A. Canning

This week, the Minnesota Supreme Court heard the League of Women Voters' argument against language set to be used in a ballot initiative this November which, if passed by the electorate, would amend the state's constitution to require that valid, Government-issued Photo ID be presented at the polling place before voters are allowed to vote.

The initiative was placed on the ballot by the GOP majority in the state legislature, but, as we detailed earlier this month, the League has filed suit charging that the language used in the ballot question is extremely deceptive and that it fails to accurately explain how the constitutional amendment would change the voting system in Minnesota, while putting the legal rights of voters at risk.

During oral arguments (video clip posted below) in League of Women Voters of Minnesota v. Ritchie [PDF], veteran MN Supreme Court Justice Paul H. Anderson suggested that the issue before the Court, of whether the ballot question was misleading, was more profound than even the League's attorney, William Pentelovitch, was characterizing it.

The hearing produced the following remarkable colloquy...

If there was any doubt before, after several findings by several courts that the Wisconsin GOP's attempts to institute polling place Photo ID restrictions were in strict violation of their state Constitution, yesterday's verdict ought to (but probably won't) put a hard end to that question...

Guest Editorial by Ernest A. Canning

The ACLU attorneys representing the petitioners in League of Women Voters of Minnesota v. Ritchie [PDF] (Ritchie), which is scheduled to be heard by the MN Supreme Court on July 17, 2012, have set forth powerful arguments why the Court should remove a polling place photo ID initiative from the November 2012 ballot.

The MN Constitution mandates that a ballot question must truthfully inform voters of what it is they are voting on. The ACLU, following the same format it applied when it successfully prevented a similar photo ID initiative from being placed on the November 2012 ballot in MO, sets forth specific examples of how the ballot question, as enacted by MN's GOP-controlled state legislature, falls well short of that standard.

The ACLU argument may well succeed before the MN Supreme Court. However, as reflected by polls suggesting nearly 80% of Minnesotans support the adoption of photo ID restrictions, there is a very real prospect that the ACLU's legal objections will neither be heard nor understood in the utterly deceived court of public opinion...

Guest blogged by Ernest A. Canning

Good news for democracy. Bad news for the GOP deceivers and the billionaire sociopaths, like the Koch brothers, who fund them. Missouri's courts have shown that their state's nickname, "The Show-Me State," is apropos.

In Weinschenk v. State (2006), the MO Supreme Court struck down a GOP-enacted polling place photo ID law because it violated the Equal Protection clause of the MO Constitution which treats voting as a "fundamental right." It recognized a compelling governmental interest in preventing voter fraud, but observed that "the Photo-ID Requirement is intended to prevent only impersonation of a registered voter and will not affect absentee ballot or registration fraud."

As the GOP could not muster evidence of in-person impersonation, they failed to establish that their 2006 Photo ID law was narrowly tailored to achieve a compelling governmental interest. The Court, in Weinschenk, based on the facts presented, also determined that the 2006 GOP Photo ID law operated as an unconstitutional poll tax, thereby violating the 24th Amendment to the U.S. Constitution.

But since when have Republicans hell-bent on undermining our system of electoral democracy let a few negative court rulings or fundamental Constitutional rights stand in their way?...

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On Tuesday, we dismantled the latest absurd attempt by pretend journalist and real federal criminal James O'Keefe to demonstrate the rampant "voter fraud" that he and his Republican Party claim to be so pervasive in these United States so as to require polling place Photo ID restrictions guaranteed to prevent little, if any, voter fraud at all, while serving to deter hundreds of thousands of legal (disproportionately Democratic-leaning) voters from being able to even cast their legal vote on Election Day.

We noted that O'Keefe's silly new video purporting to show his proudly unnamed and unseen co-conspirators being told that no ID is necessary to register to vote via third party application is extraordinarily misleading at best, as it fails to note that all newly registered voters who failed to register in person are already required --- by federal law --- to show ID before voting at the polls for the first time. We did concede, however, that those O'Keefe's band of merry pranksters might fraudulently register could, potentially, go on to commit voter fraud via absentee ballot (if they wished to risk the high penalties of a felony). However, as we pointed out, the polling place Photo ID restrictions O'Keefe and his GOP friends are arguing for with his latest series of "Voter Fraud Investigation" silly propaganda videos, would do nothing to prevent absentee voter fraud.

It appears, however, in fact we may have given O'Keefe far too much credit in even conceding that much, as a followup article on our report elsewhere has since revealed.

Yesterday, Mediaite's Tommy Christopher cited our short-order dismantling of O'Keefe's latest ruse and that I had explained in the piece that I'm "currently on the road and don’t have enough time for [O'Keefe's] idiocy as is."

So Christopher did us the favor of picking up the ball at the point, humorously noting "so I generously made time for this idiocy, and found out that even O’Keefe’s absentee scenario is false"....

Convicted federal criminal James O'Keefe and his band of co-conspirators at his ironically named Project Veritas outfit have another new video in their "Voter Fraud Investigation" series out. So that means, naturally, they're misleading the public again.

This time, O'Keefe's video portends to show some of his courageous, unnamed and unseen cohorts at various voter registration centers in Minnesota, asking whether they can have voter registration forms to take home to "Thomas Brady" and "Timothy Tebow", so they can register them to vote. The unseen voices are heard asking the helpful public clerks whether ID is necessary for those folks to register to vote. They are told that ID is not necessary in order for them to submit registration forms.

You'll recall that with O'Keefe's previous video --- in which they committed polling place voter fraud during the New Hampshire primary in order to "prove" that polling place voter fraud exists in the Granite State, despite no more than, at best, two known incidents of it over the past decade in the entire state --- he claimed: "Unlike the establishment media, Project Veritas works to release full, unedited versions of its investigations and stories," before he then linked to a video purporting to be the "full, unedited version" of his New Hampshire "investigation" videos. What he linked to, however, wasn't the "full, unedited version" of those videos, as they failed to show, among other things, the (at least) one incident in which one of his partners was chased out of the polling place. In other words, O'Keefe lied. That's what he does.

So I don't know if he has released an "unedited" version this time or not. I'm currently on the road and don't have enough time for his idiocy as is, so I haven't checked to see if there's another version of this. But let's go ahead and presume, for the moment, that the following edited version accurately-ish represents what happened when he sent his people into Minnesota voter registration offices...

Okay. Now let's dismantle O'Keefe's latest horse shit...

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