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By Brad Friedman on 1/21/2012 5:11pm PT  

At the precise moment the polls closed across South Carolina tonight, with zero votes tallied by the 100% unverifiable e-voting systems the state forces voters to use on Election Day, all the news nets, save for CNN (which, in a short-lived moment of being responsible, thought it inappropriate to call the race with only 2 precincts actually reporting, so they waited until 3% were in before calling it), announced that Newt Gingrich was the "winner" of the all-important "First-in-the-South" 2012 Republican Primary.

Steven J. Dorst, however, posted the following shocking statement said to be from the South Carolina Election Commission disputing the news network's reported results which are based completely on the same Exit Polls they told us could not be relied upon after the Presidential Election in 2004 and the NH Primary Election in 2008...

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

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By Brad Friedman on 1/20/2012 12:30pm PT  

The voting systems in use for the nation's first three all-important electoral contests in the 2012 primary --- from Iowa to New Hampshire to Saturday's South Carolina Primary --- go from pretty great to intolerably horrible. And then comes Florida, which deserves its very own special category, thereafter.

The "First-in-the-Nation" caucuses in Iowa allowed voters to vote on hand-marked paper ballots, counted by hand in front of the public at the caucus site, with results announced to everyone right then and there before being called in to GOP headquarters and before ballots were move anywhere. The wonderfully transparent system allowed for Republican voters by the Iowa GOP (which they hypocritically fight against allowing for everybody else in other states, and even in their own during general elections) is just about as close as we general get in this country to Democracy's Gold Standard. It's also what allowed reporting errors to be discovered and confirmed by the public after an election with some 122,000 votes counted transparently within an hour or so of polls closing, leading to almost nobody charging "fraud" even though just 34 votes are said to separate first and second place in the certified results of the impossibly, and historically, close election.

As of the "First-in-the-Nation" primary in New Hampshire, however, election transparency for voters and their ability to oversee their own elections began to disappear. While a lucky 10% of voters enjoyed hand-marked, publicly hand-counted paper ballots, the rest of the state's voters were allowed to vote on hand-marked paper ballots, but forced to tolerate secret tabulation on oft-failed, easily-manipulated Diebold optical-scan systems programmed by a company (LHS) with a history of criminal behavior and convictions. The results from those 90% of Granite State voters may have been tallied accurately by the Diebold op-scanners or, as seen in the disastrous 2008 Presidential Primary, not. Since NH doesn't bother to actually check to see if their machines tallied the hand-marked paper ballots correctly, we're unlikely to ever know if they did --- barring a recount request where, by then, the secure chain of custody of the paper ballots would be uncertain (to put it mildly.)

And now we come to the "First-in-the-South" Republican primary in South Carolina, where all evidence of how voters vote disappears entirely as the voters will be forced across the entire state to vote on easily-manipulated, oft-failed, 100% unverifiable touch-screen voting systems made by the nation's largest voting machine company, ES&S. When the machine-reported results are announced tomorrow night they will either be accurate or not. Either way, there will never be a way for anybody to know one way or the other as there will be nothing to prove how voters voted and nothing to "recount", even if anybody wanted to.

Appropriately enough, perhaps, Saturday's primary in the Palmetto State will offer 100% "faith-based" voting, since it will be scientifically impossible to prove that even a single vote for any candidate on the ballot has been recorded accurately by the ES&S iVotronic touch-screens as per any voter's intent. Known what we mean, Alvin Greene?...

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

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TONIGHT: All of your worst 2012 nightmares, plus great news out of Wisconsin!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 1/13/2012 3:58pm PT  

[Now UPDATED with tonight's nightmarish audio archives below! Enjoy!!!]

Mike has the night off! So we're back! Guest hosting the nationally-syndicated Mike Malloy Show on Friday the 13th! It's a Nightmare on Malloy Street!...

We'll be BradCasting all the horror LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

  • YOUR WORST NIGHTMARE! Me! With three hours over our public airwaves to talk about Iowa, New Hampshire & South Carolina voting nightmares! The nightmare that is Election 2012! And other related and unrelated nightmares!
  • GRAEME ZIELINSKI, Spokesman from the Wisconsin state Democratic Party, with some late breaking news on the "Recall Scott Walker" effort in the Badger State!
  • PLUS! The fraud that is James O'Keefe; the "cold" War against Iran; the failure that is the NY Times; the GOP wants more corporate money in campaigns; and all the nightmares on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: Tonight's show was a NIGHTMARE! Don't believe me? You can now listen to the full show, sans commercials, in the archives posted below. (You can also read the nightmarish chat room archives below too!) Be afraid...Be very afraid!...

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

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By Brad Friedman on 1/12/2012 6:05am PT  

Long ago discredited, federally convicted criminal, Rightwing con-artist, pretend journalist, and accomplished liar James O'Keefe is pimping another secretly-taped and selectively-edited video sure to be a sensation on Fox "News" and at other Republican propaganda venues. It purports to show several voters showing up at polling places during New Hampshire's primary on Tuesday and giving the names of recently deceased voters to poll workers before procuring ballots to vote under those names.

The video, about which O'Keefe lies on his own website, is certain to add more phony fuel to Republicans' long-unsupported claims that people are regularly impersonating dead people at the polling place in order to vote illegally, an allegation which has absolutely no evidence to support it. The aim of the video is clearly is to shore up GOP attempts to institute polling place Photo ID restrictions, meant to do little more than disenfranchise Democratic-leaning constituencies such as the elderly, minorities and student voters, under the fraudulent guise of curbing "voter fraud."

As New Hampshire does not require a Photo ID before one is allowed to cast a legal vote, O'Keefe uses the video to try and create the impression that voting under the name of a recently deceased person is both simple and regularly done. It isn't. But that's his scam this week.

As usual, O'Keefe's video looks as if it represents something that is damning. That's his stock in fraudulent trade, and that's usually more than enough to reinforce the biases of the incurious who've been long-brainwashed, through a well-organized and well-funded GOP effort, into believing that something Rightwingers say is happening certainly must be happening --- despite a dearth of evidence to show that it actually is happening.

The video was released Wednesday morning at the website of O'Keefe's ironically named Project Veritas organization. It was also published "exclusively" by Tucker Carlson's rightwing pretend news site, Daily Caller. Naturally, the websites of Andrew Breitbart, a fellow professional liar, as well as O'Keefe's employer and a co-conspirator on his phony ACORN "Pimp" Hoax videos, quickly followed suit in publicizing the same misleadingly-edited version of the video.

At the Project Veritas site, O'Keefe lies about the video, claiming at the end of his short article accompanying it, that "the unedited videos from part one of the Voter Fraud investigation" have been made available as well. They haven't. He has lied about that. Again. Moreover, as several other sites reported on Wednesday, it's possible that O'Keefe and his band of merry fraudsters have also broken both federal and state laws.

But setting his various lies and possible criminal actions aside for now, let's first look at the supposedly "unedited" version of the videos O'Keefe offers up, and then I'll be happy to dismantle the underpinnings of this ruse below it...

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

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TONIGHT: Occupying the Iowa Caucuses, the 'Voter Fraud' Fraud, the LAPD & much more!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 12/29/2011 3:33pm PT  

[Now UPDATED with audio archives from tonight posted below!]

We're back again tonight (and tomorrow night) guest hosting the nationally syndicated Mike Malloy Show as the end of the hellish year draws near and the next hellish year will soon begin. LOTS to discuss tonight, so hope you'll tune in!

We're BradCasting again LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

  • THE GOP LOVES VOTER FRAUD! And tonight, I'll prove it! With lots of "fraud" news to cover from the caucuses of Iowa to the primary ballots of Virginia and beyond!
  • OCCUPYING FOR ACCOUNTABILITY I'll be joined in studio by several OccupyLA'ers who will share their stories of horrific treatment at the hands of the LAPD, as we try to bring some accountability. Also will speak with the great independent citizen journalist/web-streamer Spencer "OakFoSho" Mills on his quest for accountability for LAPD Officer Escamilla.
  • PLUS! More than I have time to mention here, and everything else that's on your minds as the 2012 circus is about to begin to begin, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: A whole lotta show in three short hours! Now you can listen to the whole thing in about an hour and half in the commercial-free audio archives posted below. I believe that you'll find it well worth the time! Money back if not! (And see ya tomorrow night!)...

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

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By Brad Friedman on 12/28/2011 9:09pm PT  

My appearance last night on The Big Picture with Thom Hartmann was a round-up of a bunch of the latest voting news, from the DoJ's rejection of South Carolina's Photo ID restriction, to Newt's failure to get enough signatures to make it onto the VA Primary ballot, to the 93-year old woman who cleaned the TN state capitol for decades being told she may not be able to vote with her expired state ID, to the U.S. EAC finding, finally, that hackable ES&S paper ballot op-scan computers fail to count some votes without notice to anybody...

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TONIGHT: A VERY MERRY Christmas Show tonight! Trust me!
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 12/23/2011 4:17pm PT  

[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising, pre-Christmas globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

  • A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
  • LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
  • PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

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

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By Brad Friedman on 12/23/2011 3:25pm PT  

No time to detail this one for the moment, as I'm preparing to guest host the nationally-syndicated Mike Malloy Show tonight, so I'll just link to TPM's breaking coverage for the moment. I'll almost certainly have more to say on this on the show tonight, but for now, it looks like we've got still more good news this Christmas!

The Dept. of Justice has denied preclearance [PDF] of the South Carolina GOP's new polling place Photo ID restriction law, finding it was likely to disenfranchise voters, particularly minority voters, as "the state’s own statistics demonstrated that the photo identification requirement would have a much greater impact on non-white residents, DOJ said in a letter to the state on Friday," according to TPM.

The racial disparity seen by the DoJ is similar to the hardships, from such laws, to students and elderly voters (you know, the ones who tend to vote for Democrats, which is why the GOP is instituting these voter suppression laws in the first place.)

The GOP has long used the lie about an an epidemic of "voter fraud" by voter impersonation at the polling place, though they have failed to document virtually any instances of it. Nonetheless, they've been using such false claims to institute these types of laws around the country after Republicans took over a number of state legislatures in 2010. States that are covered by Section 5 of the Voting Rights Act of 1965 must receive preclearance for such laws before they can be enacted, given the history of racism in the covered jurisdictions.

The BRAD BLOG's own crack legal analyst, Ernie Canning, detailed the concerns that the DoJ had about the disenfranchising affects of the law back in September, noting that they seemed to be signaling at the time that preclearance would be unlikely, given many serious flaws in the state law.

A final decision on DoJ preclearance is still pending in Texas where the agency has also indicated they are likely to reject the new Photo ID laws. Meanwhile, in states not covered by Section 5, such as Wisconsin, it's fallen to non-governmental organizations, such as the ACLU, to challenge the new laws in the court system, as they did earlier this month.

All of this follows on Indiana's first-in-the-nation Photo ID restriction law, approved by the U.S. Supreme Court in 2008. Ironically enough, yesterday in the Hoosier State, the Republican Secretary of State Charlie White, now facing seven criminal felony counts, including three of them for voter fraud, was ordered removed from his post by a circuit court judge who found he was not eligible to vote or be on the ballot at all in 2010. The judge has ordered White be replaced by the second-highest vote-getter, Democrat Vop Osili. Our coverage of that incredible "White Christmas" story is right here.

* * *
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Last minute 'security by obscurity' defense unlikely to ensure integrity of results...
By Brad Friedman on 12/19/2011 2:10pm PT  

Well, whaddaya know? Suddenly, after all these years of warnings from The BRAD BLOG that electronic voting systems are exceedingly vulnerable to manipulation by insider election officials as well as outside hackers from almost anywhere, such as China or Iran or even al Qaeda, the GOP is now worried about electronic vote hacking in their Iowa Caucuses on January 3rd.

"Their fear," as AP reports today, is triggered by little more than a two-minute video posted on the Internet in early November, purportedly created by the "hacktivist" collective known as Anonymous, calling on members, in a trademark computer-generated voice, to "peacefully shut down the first-in-the-nation Iowa caucuses." [The complete video is posted at the end of this article.]

Progressive radio and television host Thom Hartmann covered the AP story on his radio show this morning, suggesting that while the GOP may have concerns about Anonymous shutting down or manipulating the results of the Iowa caucuses, they may also attempt to use the opportunity of heightened security to ensure that Republican candidate Ron Paul is not named the winner. A poll released last night by Public Policy Polling (PPP) shows Paul vaulting into the lead in Iowa, as previous front-runner Newt Gingrich's numbers have collapsed in the Hawkeye State. Paul now leads over Romney in Iowa, according to PPP's poll, with 23%, followed by Romney at 20% and Gingrich at 14%.

[NOTE: I will be appearing on Hartmann's TV program, The Big Picture with Thom Hartmann, this evening to discuss this story. --- UPDATE: My appearance with Hartmann is now posted here.]

According to AP's report, the GOP is now concerned about "an Iowa caucus marred by hackers who corrupt the database used to gather votes and crash the website used to inform the public about results that can shape the campaign for the White House."

They go on to report that "Experts in computer security said such concerns are valid."

Unfortunately, however, it appears as though the steps the GOP are planning to take to try and counter the threat will do little ensure the public can trust the results that the party eventually reports to the public. (In the Iowa Caucuses, party officials, rather than state election officials, tally and report results to the media and public.)

If Republicans in Iowa, or anywhere else for that matter, truly fear the manipulation of results, there is only one way to help make such manipulation as difficult as possible. Similarly, if supporters of Ron Paul are concerned about same --- and they have every good reason to be, particularly considering the well-documented history of vote manipulation by supporters of Mitt Romney in the past --- they ought to be calling for the very same solution to help ensure the integrity of results in Iowa (and, frankly, everywhere else) in 2012...

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

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Battle for independent election investigation rages in rural Republican county, pitting renegade Election Board against County Commission, giant E-Vote firm ES&S...
By Brad Friedman on 12/12/2011 2:11pm PT  

According to the Initial Report from a landmark independent forensic audit of the Venango County, PA, touch-screen voting system --- the same system used in dozens of counties across the state and country --- someone used a computer that was not a part of county's election network to remotely access the central election tabulator computer, illegally, "on multiple occasions." Despite the disturbing report, as obtained by The BRAD BLOG and posted in full below, we may never get to learn who did it or why, if Venango's County Commissioners, a local judge, and the nation's largest e-voting company have their way. And that's not all we won't get to find out about.

The battle for election integrity continues in Venango, with the County Commissioners teaming up with e-voting vendor Election Systems & Software, Inc. (ES&S) on one side, and the county's renegade interim Republican-majority Board of Elections on the other. The Commissioners and ES&S have been working to spike the independent scientific forensic audit of the county's failed electronic voting machines that was commissioned by the interim Board of Elections. Making matters worse, the Board has now been removed from power by a county judge, a decision they are attempting to appeal as the three-person board and their supporters continue to fight the entrenched establishment for transparency and accountability in the rural Western Pennsylvania county.

The extraordinary battle began when the interim Board was appointed by a county judge to oversee elections in the Republican-leaning PA county last spring. Normally the County Commissioners serve as the Board of Elections. But when they themselves are up for election, as they were this year, the county court judge names a specially appointed Board to cover the election and serve until the end of the year, or until they are dismissed by the same court.

When the interim Board of Elections --- comprising two Republicans and one Democrat --- took power this year in Venango, they unanimously set about commissioning the landmark, independent forensic audit of the county's 100% unverifiable ES&S iVotronic touch-screen voting systems, on the heels of sworn testimony from voters about several failed elections over recent years, beginning in 2008.

After months of legal wrangling, with County Commissioners in opposition, the special Election Board's independent study of the County's ES&S iVotronic voting system finally got under way in late September. At that time, a hard drive clone of the computer which runs the ES&S central tabulator system (known as the "Unity Election Reporting Manager") was created and given, along with other data, to two Carnegie Mellon computer science professors who had volunteered to carry out the analysis on behalf of the Board. The Board also announced that the November election this year would be carried out on an optically-scanned paper ballot system, also made by the county's vendor, ES&S, while the reported anomalies from their May 2011 primary election, run on the unverifiable touch-screen systems, were being examined by the scientists.

But now, as documents and letters obtained by The BRAD BLOG reveal, the voting machine company, Omaha-based ES&S, which had issued no objections prior to the start of the study, but changed its mind quickly after it began (as we detailed in an Exclusive report in late October) has now hardened their position, sending threatening legal letters to both the county and the two computer scientists. The e-voting firm has warned them they are likely to face a lawsuit if they do not agree to complete confidentiality and if results of their analysis are released publicly without their prior review and approval.

Shortly after ES&S' legal threats were issued last month, a county judge released the interim Board from their duties (a move now being appealed by the Board) and the County Commissioners, who had fought tooth and nail against the analysis even being undertaken in the first place, are now back at the helm. According to members of the interim Board, the County Commissioners seem likely to "white wash" and/or quash the entire analysis and a plan for continuing the investigation before it can be completed or even see the light of day.

The BRAD BLOG, however, has obtained a copy of the Initial Draft of one of the forensic studies by the Carnegie Mellon computer scientists. Findings from the report [linked in full below, along with ES&S' threat letters], include a number of disturbing, and so-far unexplained revelations that should raise alarm bells for voters in virtually every corner of the nation as we head into another Presidential election year.

Among those findings: details on unexplained, out-of-sequence activity log entries in the computer tabulation system, indications that the system was mounted several times with a "USB 'flash drive'" device, and, perhaps most troubling, evidence that the system was repeatedly accessed by an unidentified remote computer, for lengthy periods of time, on "multiple occasions."

The entire affair has left members of the interim Board --- which includes the Chair and Treasurer of the local Republican Party, as well as the former Chair of the Democratic Party --- hopping mad. They're asking questions about motivations of both the County Commissioners and ES&S and describing their actions as a "cover up," even as they take legal action to try and complete the work they had begun months ago, after first hearing sworn testimony from voters, describing major failures with e-voting machines at the polling place in recent elections...

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ALSO: For benefit of Venango County's still-in-denial neighbors in Erie County, a brief history of ES&S' epic failures...
By Ernest A. Canning on 10/3/2011 10:05am PT  

Guest blogged by Ernest A. Canning

"What is a vote worth?" Venango County, PA's Election Board Chairman Craig Adams, a Republican, asked last week. "If the vote is counted it is priceless. If it is not counted, I don't care what it costs. Let's get a right."

"After months of legal wrangling," Marybeth Kuznik of the non-partisan Election Integrity advocacy group VotePA told The BRAD BLOG last week, Venango County's landmark independent forensic examination of the notoriously unreliable and 100% unverifiable ES&S iVotronic Direct Recording Electronic (DRE, most often touch-screen) e-voting system finally got under way.

Kuznik explained that the study comes in the wake of the heavily Republican-leaning county having experienced "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary." Some candidates on the ballots even were reported by the voting machines to have received zero votes...

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By Brad Friedman on 9/23/2011 5:41pm PT  

There are two important late Friday announcements from the newly revived, post-Bush Voting Unit at U.S. Dept. of Justice's Civil Rights Division this afternoon. In both cases, they've raised serious concerns about discrimination by Republican Presidential front-runner Rick Perry's Texas against Hispanic and African-American voters.

Given the Lone Star State's history of discrimination against racial minorities, new laws and regulations which relate to elections and voting must be pre-cleared by the Dept. of Justice before they can be put into effect, as per Section 5 of the federal Voting Rights Act.

In one finding, the DoJ sees purposeful discrimination against minorities in the state's redistricting plans [PDF] for apportioning both new statehouse districts, as well as four new U.S. House seats being added in the wake of the 2010 census. The new seats are being added due to an increase in the TX population, thanks in no small part, ironically enough, to huge growth in the state's Hispanic population. The DoJ finds the proposed statehouse plan violates Section 5 of the Voting Rights Act, stating that it "was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to the Texas House of Representatives."

The TX plan for the U.S. House didn't fare much better (see below), with similar findings that minorities are likely to see a "retrogressive effect" in their ability "to elect their preferred candidates of choice to the United States House of Representatives" under Perry's approved scheme.

Moreover, in a letter that echoes questions recently sent by the DoJ to the state of South Carolina about their new polling place Photo ID restrictions, as The BRAD BLOG detailed earlier this month, the DoJ has a series of questions concerning Texas' new, very similar restrictions. As the law mirrors the one in South Carolina --- and in many of the other states where the GOP has been able to ram through similar voter suppression bills over the past year --- many of the questions from the DoJ to TX also ask about the their plans for notification about the law, and issuance of free IDs to the more than 600,000 otherwise-legally qualified voters who don't currently own state-issued ID that would meet the strict new requirements to cast a vote at the polls on Election Day.

In TX, the DoJ voting unit is curious about how many of those residents who don't have such IDs also happen to have Spanish surnames...

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State AG vows to litigate 'up to U.S. Supreme Court'...
By Ernest A. Canning on 9/2/2011 8:35am PT  

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...

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By Ernest A. Canning on 8/17/2011 7:52am PT  

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

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By Ernest A. Canning on 8/7/2011 7:44pm PT  

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...

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