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

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

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

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

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By Ernest A. Canning on 2/3/2014 6:05am PT  

With Brad Friedman...

After a recent three-to-three decision by a partisan-deadlocked Federal Elections Commission (FEC), Karl Rove may have thought he was off the hook for federal campaign finance violations by his Crossroads GPS organization. Two non-profit, good government groups, however, feel differently. Last Friday, they filed a federal lawsuit [PDF] against the FEC in hopes of forcing the agency to reverse its ruling, revisit the complaint against his group's 2010 electioneering, and to enforce federal campaign finance rules as specified by law.

Late last Friday, Attorneys from the non-partisan Campaign Legal Center and the Public Citizen Litigation Group filed a civil complaint against the FEC in U.S. District Court in Washington D.C.

The suit seeks to reverse what the plaintiffs describe as an "arbitrary" and "capricious" decision by the three Republican FEC Commissioners, in contradiction of the advice of their own staff attorneys, to dismiss the administrative complaint the groups had filed against Rove's organization. That administrative complaint charged that Rove's group violated federal campaign finance law during the 2010 election cycle.

The votes by the three Republican FEC Commissioners effectively quashed any further official investigation into the allegations that Rove's group violated the Federal Election Campaign Act of 1971 (FECA) when it spent the majority of its money during the 2010 election cycle on electioneering, but failed to register as a "political committee" with the FEC, as required by law. Their decision to shut down the investigation came after what the FEC's own staff attorneys found to be a likely violation of the federal campaign finance law.

By dismissing the administrative complaint and shutting the door on the investigation, the Republican FEC Commissioners not only allowed Rove to keep, as a secret, the identity of donors of tens of millions of dollars used to support Republican Congressional campaigns in 2010, but effectively offered Rove carte blanche to conceal donor identities with respect to monies spent in subsequent elections, such as the 2012 election cycle in which Crossroads GPS "spent at least $71 million on federal campaign activity," according to the newly filed federal complaint.

The plaintiffs charge that the FEC's deadlock was the result of "an impermissible interpretation of FECA," and the agency's own published guidelines due to an "abuse of discretion" by the Republican commissioners in a manner that was "otherwise contrary to law"...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/30/2014 4:08pm PT  


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IN TODAY'S RADIO REPORT: Obama's State of the Union goes big for fracking... but Big Green says it's a bridge to nowhere; Big Fossil Fuel has a new mega-astroturf group; Extreme weather paralyzes Atlanta on behalf of Big Business; PLUS: NSA spied on UN climate talks, according to new Snowden docs ... All that and more in today's Green News Report!

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Guest: Joe Romm of Climate Progress
By Brad Friedman on 1/29/2014 10:26pm PT  

The great Joe Romm of the even greater Climate Progress returns to discuss Obama's schizophrenic "All of the Above" climate policies offered in this week's State of the Union address, and as demonstrated in the year since Romm last joined us on the KPFK/Pacifica Radio BradCast just after the 2013 Inaugural address.

As a former acting Assistant Secretary of Energy during the Clinton Administration and founder of one of the most important climate blogs going, Romm offers helpful insight on the dangers of Obama's Jekyll/Hyde energy strategy, on the likelihood of the Keystone XL pipeline receiving final White House approval, on whether Obama truly "gets it", and on the tantalizingly cool new Years of Living Dangerously series begin in April on Showtime, on which he serves as Chief Science Editor.

In the second half of the show I talk GOP State of the Union Derangement Syndrome and why the Republican "extreme" is now the mainstream and how it all helps to remind us once again that, yes, elections really do matter.

PLUS, as usual, Desi Doyen joins us for the latest Green News Report, including a hat-tip to the dearly departed Pete Seeger...

Download MP3 or listen online below...

P.S. If you use iTunes and would like to listen to The BradCast that way, you can now subscribe (for free) over there right here. And please feel free to leave us a good review there at the same time, if you are so inclined!

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By Brad Friedman on 1/29/2014 1:20pm PT  

It's become a bit of a cliche in the Obama era. Every year, when the President delivers his State of the Union address, someone in the Republican Congressional caucus makes an absolute jackass of him/herself. Let's call it the Rep. Joe Wilson "YOU LIE!" syndrome.

They just can't seem to help themselves in those grand moments in the bright lights during which they are finally forced to be in the same room with the actual reality of the person they've spent the bulk of the year deluding themselves --- with no small amount of help from Fox "News" and even the so-called legitimate news networks --- into believing to be an incompetent, dictatorial, fascistic, imperial-socialist evil genius. (I'll leave it to you to figure out how he can be all those things at once.)

We thought we had last night's winner of the Republican SOTU Jackass of the Year Award when Texas Rep. Randy Weber tweeted, before the speech even began...

Setting aside the impressive typos and incoherence, Rep. Weber's idiocy was clear enough. But, as it turns out, he was an amateur last night. There were at least two other elected officials in the GOP caucus vying for last night's (dis)honor, with one even willing to threaten a violent offense against a reporter on camera. But, in truth, it was the third who really represents the gravest threat to our democracy...

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And why we do what we have done here for the past 10 years...
By Brad Friedman on 1/24/2014 12:25pm PT  

Late last year, The BRAD BLOG covered the incredibly close results of the state Attorney General's race in Virginia in great detail. The Democrat Mark Herring was eventually declared to be the winner in that razor-thin race after what suffices for a "recount" process in the Old Dominion.

An announcement this week by the state's brand-new Attorney General offers a stark reminder, once again, of the importance of elections and of the work that The BRAD BLOG has done here for the past 10 years...

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

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

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

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

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

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

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

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'Fraud is rare, but when it does occur, absentee ballots are often the method of choice'...
By Brad Friedman on 1/22/2014 1:27pm PT  

Following the national shame of 2012 when long lines at the polls on Election Day and during Early Voting (which was restricted by Republicans in a number of states) once again suppressed the vote and endangered American democracy, President Obama called for electoral reform as he declared victory on Election Night.

"I want to thank every American who participated in this election...Whether you voted for the very first time or waited in line for a very long time," he said, adding: "By the way, we have to fix that."

During his second Inauguration speech, he repeated the message: "Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote."

At his State of the Union Address in 2013, he again re-iterated the call for reform --- citing the story of 102-year old Desiline Victor, an African-American Florida woman who was forced to wait in line for hours on end to cast her vote in 2012 --- before announcing his creation, by Executive Order, of a bi-partisan Presidential Commission on Election Administration. It would be headed up by both his own top election attorney, Robert Bauer, as well as Mitt Romney's lead election attorney and long-time GOP operative, Benjamin Ginsberg.

After six months of hearings and conferences around the country, that commission has now released its unanimous recommendations [PDF] for improving access to the voting booth and for other much-needed improvements for electoral administration.

While coming to bi-partisan consensus with a report on such a contentious topic is no small achievement in and of itself in this extraordinarily divisive environment, the Commission highlighted one fairly obvious point which will almost certainly disappoint the most partisan Republicans, but also, perhaps less obviously, some Democrats...

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By D.R. Tucker on 1/21/2014 6:05am PT  

"I wonder why other black Republicans delude themselves?"

That tweet, in response to my January 12 piece for The BRAD BLOG about my bizarre ride to the dark side of American right-wing politics, was the shortest reaction to my article, yet perhaps the most profound.

It was every bit as profound as a 2011 remark from one of the many progressive voices I was once taught to hate...

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Finds Republican-enacted statute would disenfranchise 'hundreds of thousands' of legal voters for 'no compelling state interest'...
By Ernest A. Canning on 1/19/2014 9:30am PT  

A Pennsylvania Photo ID law that one Republican lawmaker once boasted would deliver the Keystone State to Mitt Romney in the 2012 Presidential Election was struck down by a Pennsylvania trial court.

Judge Bernard L. McGinley of the Commonwealth Court of Pennsylvania ruled that several sections of Act 18, the Republican-sponsored polling place Photo ID statute that was signed into law by Gov. Tom Corbett (R) in March of 2012, violated the Pennsylvania Constitution. The court, which previously prevented the law from taking effect by the issuance of a preliminary injunction, ordered that Act 18's in-person Photo ID requirement be permanently enjoined.

That ruling does not come as a surprise.

In May of 2012, The BRAD BLOG predicted that the plaintiffs in Applewhite vs Commonwealth of Pennsylvania would likely establish that Act 18's polling place Photo ID restrictions violate of that state's constitution. The lawsuit --- named after its 93-year old lead plaintiff Vivian Applewhite, who had voted for 50 years without a problem until 2012 --- alleged that the Act's Photo ID restrictions would deny or significantly impair the right to vote. That right, according to the Keystone State's constitution, is considered "fundamental."

Under judicially recognized Equal Protection standards, a law that impairs or abridges a "fundamental right" cannot survive a constitutional challenge unless the law is narrowly tailored to serve a "compelling state interest." That interest, we observed in our original article, cannot be found in what amounts to the "phantom menace" of in-person voter impersonation --- a point PA Republicans later conceded via a formal, in-court stipulation, entered near the outset of the case, in which they acknowledged they were "not aware of any incidents of in-person voter fraud in Pennsylvania and do not have direct personal knowledge of in-person voter fraud elsewhere."

While he included additional reasons for issuing the permanent injunction, Judge McGinley's lengthy decision [PDF] reveals that our original assessment of the case, and our prediction about its likely outcome, were spot on...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/14/2014 2:37pm PT  


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By D.R. Tucker on 1/12/2014 2:48pm PT  

Ever wish you had the chance to give your younger self a nice, hard slap across the face?

There are times when I wonder just what the hell I was thinking when I became a Republican --- or whether I was even thinking at all. Next month will mark one of those times, as it will be the twentieth anniversary of a happy event that I turned into a miserable one --- by making a shortsighted decision with severe personal and political consequences...

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UPDATED with 'recount' details and more...
By Brad Friedman on 1/10/2014 6:27pm PT  

Meanwhile, back in Virginia...here we go again...

Yes. As reported by the State Board of Elections website tonight, that's a 9-vote margin in the state Senate special election held on Tuesday to replace Democratic state Sen. Ralph Northam who is vacating his seat after being elected last November as VA's next Lt. Governor.

To put that another way, control of the entire VA state Senate now rests on 9 unverifiable touch-screen votes out of more than 20,000 cast.

The VA state Senate is currently evenly split between Democrats and Republicans, twenty seats each. The tie-breaking vote in the state Senate goes to the Lt. Governor. Until Northam is sworn in to his new job on Saturday, when he takes over from the current Republican Lt. Governor, the GOP controls both chambers of the state legislature. A Democratic Lt. Governor will, theoretically, for the first time since 1998, mean that control of the upper chamber goes back to Democrats. But that is only if both Northam's Senate seat and the one being vacated by Attorney General-elect Mark Herring both go to Democrats in the special elections...

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