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GOP Voter Registration Fraud Scandal 2012...
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Rollback of existing voting rights presents significant legal issues...
By Ernest A. Canning on 9/24/2012 6:35am PT  

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/20/2012 3:22pm PT  


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IN TODAY'S RADIO REPORT: One day later, Japan reverses planned nuclear phase-out; Romney and Republicans fight for Big Coal - with unpaid labor; New record HOT ocean temps cause lobster glut in Northeast; PLUS: Putting their bodies on the line to stop the dirty Keystone XL pipeline ... All that and more in today's Green News Report!

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The year of GOP election and voter fraud continues...
By Brad Friedman on 9/19/2012 7:51am PT  

No doubt Fox 'News' is going wall-to-wall with this today, so you've got no need for us to tell you about it, right? ... What? They're not? Huh. How strange.

Well, then, if you haven't heard, Lorianne O'Brady, a former staffer to Congressman Thaddeus McCotter (R-MI) has pleaded "no contest" to five misdemeanor counts of election fraud yesterday, related to creating and submitting fraudulent signatures in a failed conspiracy to qualify McCotter for the ballot this year.

O'Brady is just one of four of top McCotter aides who were charged last month with a total of 36 federal felony and misdemeanor election fraud-related counts in the alleged ballot petition forgery scheme. McCotter abruptly resigned last July as the scandal began to emerge.

While U.S. House candidates in Michigan are required to submit just 1,000 valid voter signatures, McCotter's campaign turned in some 2,000. Investigators discovered, however, that just 244 of them were actually valid. The rest were forged or photo-copied from previous petitions.

Submitting false signatures is the same thing that Fox "News" has spent years falsely claiming the community group ACORN was engaged in. The difference, of course, is that ACORN was the one to have discovered and turned in the handful, among their tens of thousands of voter registration workers, found to have defrauded them in such schemes. ACORN itself was never found to be involved in such fraud, and in every case, it was ACORN themselves who discovered the fraud and sought prosecution for the workers.

McCotter's campaign was hardly the only Republican team involved in submitting fraudulent signatures in hopes of winning a place on the ballot this year. As The BRAD BLOG reported exclusively last January, the Presidential campaign of former U.S. House Speaker Newt Gingrich was being investigated by the Virginia State Attorney General after the former GOP Presidential candidate's campaign was discovered to have turned in fraudulent signatures in their failed bid to qualify for the Republican Presidential Primary Election in VA, Gingrich's home state. Gingrich was caught on tape claiming to a supporter, after the forgeries were discovered by the state Board of Elections: "We turned in 11,100 --- we needed 10,000 --- 1,500 of them were by one guy who, frankly, committed fraud."

In May of this year, it was discovered that Momentum Political Services, a group hired by the Sacramento GOP and headed by a "professional con artist" to carry out their voter registration campaign for Rep. Dan Lungren (R-CA), had turned in thousands of fraudulent voter registrations as part of a $50,000 bounty paid for Republican-only voter registrations. That is, of course, exactly what ACORN was falsely accused of, even though --- unlike in the Sacramento GOP case, and in a very similar scheme by a firm hired by the California Republican Party in 2008, where the head of the firm itself pleaded guilty to charges of voter registration fraud --- the former four-decade old community organization was never actually involved in.

For more on the McCotter staffers charged with 36 election fraud-related counts, see our August coverage. As an added bonus, that article also includes a quick round-up of more than 10 recent cases of alleged and confirmed voter fraud and election fraud by a number of very high-profile Republicans, including Gingrich, Mitt Romney, Todd Akin, James O'Keefe, the Sec. of State of Indiana and, yes, the high priestess of GOP Voter Fraud, Ann Coulter.

Of course, none of the fraud detailed above would have been prevented by the disenfranchising polling place Photo ID restriction schemes Republicans are enacting around the country under the guise of deterring "voter fraud" --- not even Coulter's, since she also committed a felony to create a fraudulent drivers' license with the faked address she submitted to election officials when she committed fraud on her voter registration form, before later, knowingly, voting at a precinct in an area where she did not live in Florida. That, even though there are just 10 known cases of in-person voter impersonation --- the only type of voter fraud that can possibly be deterred by polling place Photo ID restrictions --- in the entire country, out of hundreds of millions of votes cast since 2000.

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/18/2012 3:53pm PT  


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Judge ordered to review if GOP voting restriction can be lawfully implemented as written, and without disenfranchising voters; else it must be blocked
Dissenters: Ruling will 'allow chaos to beget chaos'...
By Brad Friedman on 9/18/2012 2:15pm PT  

The Pennsylvania Supreme Court, in a 4 to 2 decision this afternoon, has vacated a Commonwealth Court's earlier ruling, which had denied a temporary injunction on the state GOP's polling place Photo ID restriction law. Rather than issuing their own injunction, they have has sent the matter back to the lower court for review.

According to the high court's 7-page order [PDF] issued today, if the lower court finds that the state is unable to implement "liberal access" to the supposedly free Photo IDs to be issued by the state, as dictated by the General Assembly's requirements detailed in the statute itself, "or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction."

We'll try to unpack that for you in a moment. As well, there were two scathing dissents to today's ruling, both highly critical of the majority for not ending the ongoing "chaos" immediately, instead of remanding it for another round to the lower court. But, in general, and depending on how Commonwealth Court Judge Robert Simpson, a Republican, reviews the case as ordered, this is may be good news for voters in the Keystone State.

"It's certainly a very positive step in the right direction in that the court recognizes that the state does not make adequate provision for people to get the ID that they would need to vote," said David Gersch, the lead lawyer for the plaintiffs challenging the law's state constitutionality, according to CBS. "In addition, there is a practical problem with getting the ID to people in the short time available."

The case, Applewhite v. Commonwealth of Pennsylvania [PDF], was originally filed in May by the ACLU, the PA League of Women Voters, and other civil rights organizations on behalf of 92-year old Viviette Applewhite and 10 other petitioners who were facing potential disenfranchisement under the new law, along with hundreds of thousands of other legally registered and otherwise eligible voters in the state. Before the trial even began, the Commonwealth admitted that they were unaware of a single instance of polling place impersonation --- the only type of voter fraud that can possibly be deterred by their polling place Photo ID restrictions --- in the history of the state.

Last Thursday, during their hearing in Philadelphia, the PA Supremes indicated they had some skepticism about the law, as we detailed here. The court was reviewing an appeal by the plaintiffs filed last week after the Commonwealth Court had stunned many of those following the case, including the plaintiffs who had predicted a "slam-dunk" win, by upholding the law last month and refusing to grant a preliminary injunction in advance of the November Presidential election.

But now Judge Simpson will have another crack at deciding the case, as the high court has punted it back to him. This time, however, he has been ordered by the high court to issue a preliminary injunction on the law if he cannot determine that the state is able to meet two very specific conditions...

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They also hope voters have forgotten what actually happened during the Badger State's recent recall elections...
By Brad Friedman on 9/17/2012 2:06pm PT  

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

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At least by his own moveable standards...
By Ernest A. Canning on 9/17/2012 10:50am PT  

On Friday, ABC's George Stephanopoulos caught Republican Presidential nominee Mitt Romney speaking out of both sides of his mouth. (Not that it's all that hard to do.)

As TPM's Josh Marshall described the remarks --- tongue only somewhat in cheek --- "Romney Apologizes to Muslim Rioters".

Romney, over the course of his lengthy ABC interview, finally acknowledged that the statement issued by the Cairo Embassy condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions" was made before the protests began.

However, the GOP candidate, who had shamelessly seized upon that statement to falsely accuse the Embassy and President Obama of having "sympathize[d] with those who waged the attacks," evaded a direct answer to Stephanopoulos' direct question: "Where do they show sympathy for those who waged the attacks?"

Instead, Romney insisted it was "inappropriate" for the Cairo Embassy to leave the statement up on its website after its wall was breached. "The statement was reiterated after they had breached the sovereignty of the embassy," Romney proclaimed.

After its wall was breached, the Cairo Embassy tweeted: "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

Without explaining why he felt it was inappropriate for the Embassy to retain its condemnation of the film's scurrilous slander of the prophet Muhammad while simultaneously condemning the "unjustified breach of the Embassy," Romney followed up with a criticism of the film that was virtually indistinguishable from that which had been initially issued by the Cairo Embassy...

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(And what you can do to help counter it.)
By Brad Friedman on 9/16/2012 9:38pm PT  

I'm in this short video --- just out tonight from John Wellington Ennis, filmmaker of one of my favorite Election Integrity documentaries, Free For All: One Dude's Quest to Save Democracy and the forthcoming Pay to Play: Democracy’s High Stakes --- but don't let that keep you from watching it. It's very good and has a bunch of other folks in it who are really smart.

Ennis, who is also one of the founders of the very important Video the Vote project, has a way of making difficult ideas easy to understand and entertaining to watch. He does so again here...

* * *
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By Brad Friedman on 9/13/2012 3:45pm PT  

Today, in a courtroom in Philadelphia, the Pennsylvania Supreme Court held a hearing to determine whether Republican Commonwealth Court Judge Robert Simpson was correct in his verdict [PDF] last month when he stunned plaintiffs by upholding the state GOP's polling place Photo ID restriction and refusing the ACLU/Advancement Project's motion for a temporary injunction before this November's Presidential Election.

The voting rights groups are challenging the law on behalf of eight, mostly elderly, plaintiffs plus the League of Women Voters of PA and the NAACP and other civil rights groups, as a violation of the state Constitution's guaranteed right to vote. Last week, The BRAD BLOG's Ernie Canning detailed their powerful appellant's brief, arguing that Simpson erred in his ruling.

The plaintiffs had originally predicted a "slam dunk" victory in the lower court case, given the remarkably poor presentation offered by the Commonwealth, and the myriad of evidence presented in their favor, showing that some 1.6 million otherwise eligible voters could be disenfranchised this November, in addition to the state's own admission before the trial began that the Commonwealth was unaware of any "investigations or prosecutions of in-person voter fraud in Pennsylvania" and that no "in-person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."

So today's hearing was key and, according to The Nation's Ari Berman, was played out before "a packed, standing room only courtroom."

While the state Supreme Court currently consists of three Democrats and three Republicans (the fourth Republican judge on the bench is currently suspended, pending a corruption investigation), a split verdict would mean the lower court's decision to allow the GOP's restriction on voting would stand.

But there were hints today that at least one Republican judge may be skeptical about the state's claims that nobody need be disenfranchised by the GOP-enacted law which would take effect, for the first time, in the November Presidential election, just 54 days from now...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/13/2012 3:38pm PT  


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IN TODAY'S RADIO REPORT: US solar industry fights off Republican attacks; US wind industry does, too; PLUS: Rightwing media FAIL in attacking the Chevy Volt --- again ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): NW wildfires vex crews; $50 solar-powered water purifier is so green it’s like a joke; America's first ocean-energy project now delivering; Arctic ice melt 'like adding 20 years of CO2 emissions'; Ice floes continue to shut out Shell's Arctic drilling; Gaps in US nuclear regulations; US media climate change coverage drops further; Common railroad car increases risk of hazmat spills; Canadian mining company admits 100 years of polluting WA's Columbia River ... PLUS: Calculating the true cost of electricity ... and much, MUCH more! ...

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Questions raised about GOP nominee's fitness to serve
UPDATED: Obama says Romney 'shoots first, aims later'...
By Ernest A. Canning on 9/12/2012 1:05pm PT  

"It's disgraceful," Republican Presidential nominee Mitt Romney proclaimed, "that the Obama administration's first response was not to condemn attacks on our diplomatic missions, but to sympathize with those who waged the attacks."

Except, none of what Romney said was actually true.

While factual misrepresentation has proved to be a hallmark of the Romney/Ryan campaign (e.g. the lie that Obama stole $716 billion from Medicare to fund "Obamacare" or the bogus claim that the President's Ohio lawsuit, which sought to open Early Voting for all, was actually an effort to suppress the military vote), the effort to exploit a tragic assault that killed U.S. Ambassador Chris Stevens and three of his aides was seen by Robert Dreyfuss of The Nation as so despicable as to "disqualify" Romney as a candidate for our nation's highest office.

The statement which Romney seized upon was not made by the President or anyone on its staff, but from the Cairo Embassy. More importantly, Michael Tomasky of The Daily Beast observed, the Cairo Embassy statement was issued before either it or the U.S. Consulate in Benghazi was attacked.

For the same reasons expressed by General David Petraeus two years ago when he warned that a plan to commemorate 9/11 by burning Qurans would endanger U.S. troops in Afghanistan, the U.S. Embassy in Cairo had sought to prevent a violent reaction by condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions."

Nonetheless, TPM's Benjy Sarlin notes that Romney shamelessly refused to back off his inaccurate critique of the President --- in the midst of a very live, ongoing crisis during which the whereabouts of a U.S. Ambassador remained unknown --- even when confronted by reporters about the chronology of events, because the Cairo Embassy apparently was not as swift as Romney felt they should have been in taking down their tweets in the wake of a violent assault on their Embassy and the one in Libya. Romney insisted the President was responsible for the Embassy's statement, which statement, the GOP Presidential candidate claimed, was "akin to [an] apology."

In truth, neither the President nor the Embassy "sympathized" with the attack or the attackers. To the contrary, the Cairo Embassy followed the attack with this tweet (emphasis added): "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

But the incident has turned out to be rather revealing about the GOP nominee's readiness to serve as President of the United States...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/11/2012 2:58pm PT  


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IN TODAY'S RADIO REPORT: A Tale of Two Conventions: wrapping up the DNC vs. RNC; It's official: 2012 shaping up to be hottest year on record; Shell begins Arctic drilling, but the Arctic has other plans; PLUS: 9/11, and the consequences of ignoring warnings ... All that and more in today's Green News Report!

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By Ernest A. Canning on 9/10/2012 6:35am PT  

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...

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Highlights 96-year old Dorothy Cooper's fight to vote this year...
By Brad Friedman on 9/6/2012 6:35am PT  

There is much, much more in-between our cuts here, including a storyline involving a hacking scandal that mirrors Rupert Murdoch and Newscorp's, but at the core of the recent Season 1 finale of HBO's "must-see" Aaron Sorkin series The Newsroom, was the nationwide Republican voter suppression effort.

Specifically, the finale centers around the GOP-enacted polling place Photo ID restriction laws that may serve to keep tens of thousands, including 96-year old Tennessee resident Dorothy Cooper (who The BRAD BLOG reported on last year) from being able to cast her vote this year, even after she's been legally voting there for 75 years without a problem --- even during the Jim Crow era in the South.

Is Sorkin reading The BRAD BLOG? Among other evidence throughout the season that suggests as much, one character, as you'll hear in the clip below, charges, as we often have, that this issue deserves much greater prominence in the corporate mainstream media. In regard Cooper and the spate of Republican voter suppression laws that may well determine the outcome of this year's elections, the character demands to know: "I wanna know why I don't see it on the news?!...Why isn't this the first story on the news every night?!"...

(For much more of the news monologue by Will Macavoy (Jeff Daniels) on Republicans and the Tea Party in this particular episode, see this version which has received almost 2 million views on YouTube, and includes his entire speech, though it lacks the key hospital scene seen above.)

When we first wrote about The Newsroom in July after its premiere, we suggested that the show was worth subscribing to HBO for, all on its own. While it continues to be flawed in some respects --- most notably in some of its soap opera-ish elements, and some of the casting --- it is still absolutely must-see TV in our opinion.

The show's focus on what it might look like if a mainstream corporate media outlet actually decided to focus on covering the actual news that the nation needs to become a more informed electorate --- exposing the many Breitbartian scams of Fox "News" and today's GOP and the Koch Brothers and their astroturf Tea Party along the way, using real breaking news events and footage along the way --- could well, as we wrote at the time, "change the way actual news is reported in this nation." There is even evidence, perhaps, that it may have even already done so, to an extent.

Though the first season is now over, the show has been renewed for Season 2. In the meantime, all of the episodes are available to HBO subscribers via On Demand and HBO GO, so it's still well worth jumping into from the start (the first episode is available to all here), before the next season begins.

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Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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Republicans going 'whole nine yards' to suppress vote in OH, says former President in advance of DNC speech
UPDATE: Clinton cites GOP voter suppression during DNC speech...
By Brad Friedman on 9/5/2012 11:16am PT  

"Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants?," Bill Clinton asked rhetorically on Tuesday night during an event organized by the Arkansas Democratic Party.

In what The Nation's Ari Berman highlighted as a possible "preview" of the former President's remarks tonight in Charlotte, where he'll be headlining at the DNC, Clinton savaged the Republican efforts, particularly in Pennsylvania and Ohio, to suppress the Democratic vote:

“Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants?

“In Pennsylvania, where they passed all these voter ID requirements, the House Republican leader who passed it said it was one of the most important achievements because it will enable Governor Romney to defeat the president in Pennsylvania.

“In Ohio, they passed the whole nine yards. The problem was in Ohio you can actually put this stuff on the ballot pretty easily to overturn it. So they went back in—you gotta give it to Republicans, they’re good. They vetoed it, then they snuck in an end to advance voting. Then they allowed the counties—and every county in Ohio has an election commission of three Democrats and three Republicans [Ed Note: actually it's two and two]—to decide if they were going to go around advance voting. The Democrats, we were for it. So in every county that was Republican, Democrats said ‘OK, we’ll have advance voting.’ And in every single county that is overwhelming Democratic, the Republicans voted against allowing advance voting.

Berman goes on to note that Clinton offered similar sentiments during a speech he made last year, when he decried the "Jim Crow burdens on voting, the determined effort to limit the franchise that we see today":

In last year's speech, a clip of which we'll post again below, Clinton said:

I can’t help thinking, since we just celebrated the Fourth of July and we’re supposed to be a country dedicated to liberty, that one of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. There has never been in my lifetime, since we got rid of the poll tax and all the other Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.
...
Why is all this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.

Will Clinton offer similar sentiments tonight during his speech in Charlotte?

UPDATE 9:10pm PT: In fact, Clinton did give a shout out against GOP voter suppression during his rousing convention speech tonight: "If you want ever American to vote and you think it is wrong to change voting procedures just to reduce the turnout of younger, poorer, minority, and disabled voters, you should support Barack Obama!"

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The short clip from President Bill Clinton's 7/6/2011 speech to student voters, in which he slammed Republicans for their voter suppression efforts follows below.

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