Late last week, Scott Keyes at ThinkProgess reported on a "Majority Victory for Voting Rights Advocates as California Legislature Approves Election Day Registration".

The new EDR law, which is, as Keyes reports, "on the cusp of passing", is expected to be signed by Gov. Jerry Brown (D) and would, indeed, be a victory for voters in the Golden State.

According to the NYU's Brennan Center for Justice, "Election Day registration boosts turnout by approximately 5–7 points in those states that allow eligible citizens to register on Election Day --- with a decreased dependence on provisional ballots and without any reported increase in voter fraud."

If passed and signed as expected, however, the law --- a welcome expansion to the franchise amidst recent draconian Republican efforts to restrict voting rights --- would not take effect until 2015 or later, according to Dean Logan, the Registrar-Recorder/County Clerk for Los Angeles County, the largest voting jurisdiction in the nation.

"The bill's implementation is tied to completion of the Vote Cal statewide voter registration database; which is a ways off," he told The BRAD BLOG on Friday. Logan says he is "Generally...supportive of the bill and to expanding access and options for voters," though he notes that "L.A. County has not taken a formal position on it."

While the new law will, no doubt, be a net plus for voters here in California, and for the pro-democracy movement across the country over all, there are a few other issues with the way the law has been written which might make it slightly less of a plus for voters than apparent at first blush, as Logan helped us to understand...

Another day, another allegation of voter fraud by Republicans. This one, courtesy of WKOW's 27 News in Madison, Wisconsin...

Yes, it looks like, once again --- no matter what the professional GOP "voter fraud" fraudsters and clowns like John Fund, Hans von Spakovsky and Matthew Vadum claim --- if there is an epidemic of "voter fraud" in this country, it seems that its not Democrats, but Republicans, and often very very high-profle Republicans at that, who are carrying it out.

But wait! There is still more absurdity and/or irony and/or hypocrisy in this case...

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I actually feel sorry for Pat Kerby, the Republican delegate to the Republican National Convention from Nevada who attempted to add an amendment calling for paper ballots --- so nobody would have to trust in the "voter machine fairy" --- at the RNC's Platform Committee on Tuesday.

The poor fellow seemed to want the right thing, but by the time other members of the Committee amended the amendment, several times over, the original was completely gutted in favor of electronic computer tallies with no actual way to verify the accuracy of those tallies.

It seems the good-natured Kerby never knew what hit him, as he generously supported each change to his amendment, deferring to others who appeared to know more about voting, like fellow committee member Kansas Sec. of State Kris Kobach (responsible for the state's polling place Photo ID restrictions to help curb non-existent polling place voter fraud in Kansas, as well as serving as the author of Arizona's infamous anti-immigrant "Papers Please" law, most of which was found unconstitutional by the U.S. Supreme Court recently.)

It was a good idea, but Kerby wasn't clear on the exact language he needed to use and that opened up the door for others on the committee --- who have more confidence in unverifiable electronic voting machines than in paper ballots --- to completely gut the original amendment, compared to the one originally introduced during the proceedings.

Kerby's initial amendment read as follows:

While (most) electronic voting systems don't print "paper ballots" in general --- they print so-called "Voter-Verifiable Paper Audit Trails" (VVPATs) which may or may not reflect the actual intent of the voter, may or may not be verified by the voter as accurate, and are not actually counted by anyone, in any case (the internally recorded electronic results are used instead) --- it seems as if Kerby had the right idea, in general. At least as he offered a perfect description of his reasons for wanting to add include the amendment in the party's platform...

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As with their excellent analysis and database last week finding just ten (10), total, cases of in-person voter fraud in all 50 states since 2000 which might have been deterred by polling place Photo ID restrictions, News 21 --- an investigative reporting project of the Carnegie Corporation and Knight Foundation, based at the Walter Cronkite School of Journalism --- has published yet another report today that will come as little surprise to long time readers of The BRAD BLOG.

Still, it's helpful to see such reports published at outlets like NBCNews.com which is serving as a partner in the project, since, apparently, it's not enough for us to offer nearly a decade of independently verifiable reports blowing the same whistle on the same scams.

Today's new report focuses on the Rightwing/corporatist American Legislative Exchange Council (ALEC)'s role in promoting disenfranchising polling place Photo ID restriction laws, as proposed by Republican legislators in dozens of states over the past two years...

While Ethan Magoc's News21 report mentions ALEC founder (and "conservative movement" demi-god) Paul Weyrich, this :40 second clip of Weyrich --- which we refer to as The Rosetta Stone of the Modern-Day Republican Voter Suppression Movement --- supplies the full context for ALEC's push to disenfranchise largely Democratic-leaning voters through the polling place Photo ID restriction legislation that its members have been introducing in state after state over the past two years...

Go read News21's report in full, though we'd like to offer just one or two minor quibbles to it...

Guest editorial by Ernest A. Canning

California’s Proposition 32 --- the so-called "Paycheck Protection" Initiative --- is nothing less than a cynical attempt by "the one percent" to manipulate the revulsion now felt by "the 99 percent" towards the U.S. Supreme Court's infamous Citizens United ruling in order to solidify the ability of corporate wealth and power to destroy any semblance of government of, for or by the people.

The text of the initiative, set for this November's ballot in the Golden State, reads as follows:

In a video decrying the ballot measure, the "No on 32: Stop the Special Exemptions Act" campaign, describe it as "Miracle-Grow for...billionaires and their super PACs"...

The initiative was drafted by the Lincoln Club of Orange County --- the same group of right-wing mega millionaires and billionaires whose political hit piece, Hillary: The Movie became the centerpiece of the Citizens United ruling and the ensuing, democracy-destroying flood of dark money into our political system. Its top "$50,000 and over" donors represent a list of the state's wealthiest corporatist Republicans.

Although corporations enjoy a 15-to-1 advantage in political donations over organized labor, according to Open Secrets.org, CA's Prop 32 lumps these two very different forms of organizations under the same "special interest" umbrella.

Under the guise of ending the corrupting influence of "special interest" monies, Proposition 32's wealthy backers seek to eliminate the ability of organized labor to fund campaign ads for political candidates that would otherwise compete with the dominant corporate message, while providing loopholes that are large enough for "the one percent" to haul a trainload of politically corrupting gold bullion from Ft. Knox to Sacramento...

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 D.R. Tucker

Mike Lofgren's new book, The Party Is Over: How Republicans Went Crazy, Democrats Became Useless, and the Middle Class Got Shafted, will certainly motivate the actual patriots in the United States --- and alienate those Americans who merely call themselves patriots.

Lofgren, who spent nearly three decades as a Republican congressional staffer working at various points for then-Rep. John Kasich of Ohio and then-Sen. Judd Gregg of New Hampshire, garnered national attention last year for a Truth-Out.org piece entitled "Goodbye to All That: Reflections of a GOP Operative Who Left the Cult."

In that piece, he famously declared, "The Democrats have their share of machine politicians, careerists, corporate bagmen, egomaniacs and kooks. Nothing, however, quite matches the modern GOP."

The Party Is Over is more than an extension of the Truth-Out piece; in fact, it is the best description of the intellectual and moral collapse of Washington since Sam Tanenhaus's The Death of Conservatism…

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A state court has upheld the state constitutionality of the new Republican-enacted polling place Photo ID restriction law in Pennsylvania which critics say may imperil the votes of more than a million legally registered voters in the Keystone State this November.

In his 70-page ruling [PDF] issued today, Commonwealth Court Judge Robert Simpson acknowledged that the plaintiffs, represented by the ACLU and other civil rights organizations, "did an excellent job of 'putting a face' to those burdened by the voter ID requirement," but failed to demonstrate "facial unconstitutionality". The judge did not rule on the merits of the case, but on whether or not it could be enjoined by the court.

That, despite the fact that:

• The Pennsylvania state Constitution guarantees that "Every citizen 21 years of age [lowered to 18 years of age by the twenty-sixth amendment to the U.S. Constitution]...shall be entitled to vote at all elections," subject to certain restrictions by the General Assembly as to who may register to vote.
• Independent studies have determined that some 1.6 million otherwise eligible voters in PA, including nearly a million in Democratic-leaning Philadelphia alone, may lack an unexpired state-issued driver's license by this November's Presidential election, which is just 83 days away.
• The state admitted, before the trial even began, that they were unaware of any "investigations or prosecutions of in-person voter fraud in Pennsylvania"; that they "are 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"; and that the state would offer no evidence at the trial "that in person voter fraud is likely to occur in November 2012 in the absence of the Photo ID law."
• The Republican Secretary of the Commonwealth, charged with implementing the law, admitted on the stand that she does not "know what the law says."
• The Republican Governor who signed the bill, and lied about "voter fraud" in the state, does not even know what type of ID would now be eligible for voting under the new restrictions.
• The Republican House Majority Leader admitted that the bill, passed in the state legislature without a single Democratic vote, was meant to "allow Governor Romney to win the state of Pennsylvania" this year.
• During the trial, as described by plaintiffs, "[S]tate officials admitted they underestimated the number of registered voters without acceptable photo ID, admitted the law will disenfranchise voters, admitted the law will hold different voters to different standards, admitted voters casting an absentee ballot will be able to vote without ID."

Given all of the above, following the close of the trial, the plaintiffs had predicted a "slam dunk" ruling in their favor. We had also predicted that the law was likely to "go down in flames."

We're still reviewing the opinion of Judge Simpson, who is a Republican, and will have a more detailed analysis of the specifics of his ruling in the coming days.

Plaintiffs have already vowed to appeal the case to the state Supreme Court, where four votes will be needed to overturn the Commonwealth Court's ruling. Currently, there is a 3-3 Republican/Democratic split on the high court, as the 7th jurist, a Republican, has stepped aside for the moment pending a corruption investigation. If the state Supreme Court splits on the verdict, Simpson's ruling would hold. Though, depending on how the state Supremes decide, and if federal rulings are a part of whatever decision they may make, it is possible the plaintiffs could later take the case to the U.S. Supreme Court in the event that the state Supreme Court fails to overturn the lower court's verdict.

Separately, the U.S. Dept. of Justice has opened it's own investigation of the law to determine whether or not it may be in violation of the Voting Rights Act of 1965 and/or the U.S. Constitution's Equal Protection clause. They may decide to file their own federal case to block the law in the weeks ahead.

UPDATE 8/18/12: On Aug. 16 plaintiffs filed a formal notice of appeal. Once the opening brief is available, The BRAD BLOG will furnish a detailed analysis of that appeal in the context of the rationale applied by Simpson, along with an assessment of the alternative litigation which the U.S. Department of Justice could potentially file in U.S. District Court.

UPDATE 9/4/12: The plaintiffs have now filed their appeal to the PA Supreme Court. Our legal analyst Ernest Canning details their appeal and some of the absurdities they point out in the original ruling by the Commonwealth Court judge right here...

Guest blogged by Ernest A. Canning

No doubt during this election cycle, like every election cycle over the past forty years, we'll hear from the GOP about "tax and spend" Democrats.

Even though it doesn't detail how every Republican since Reagan has combined massive, unpaid-for tax cuts for the wealthy with runaway, unpaid-for military spending --- creating a great excuse to destroy the New Deal safety net, in order to slash their runaway deficit-spending --- this chart is, nonetheless rather revealing...

None of that, of course, has kept the bulk of the "Lamestream Media" from repeating the myth of Republicans as "fiscal conservatives," a concept this site has spent many years attempting to debunk. Last night, MSNBC's Rachel Maddow did exactly the same thing when it came to the claim that Mitt Romney's newly chosen Veep pick, Paul Ryan, is a "fiscal conservative."

To borrow from CNN's Soledad O'Brien yesterday, "I understand that this is a Republican talking point because I've heard it repeated over and over again" --- in this case by the Beltway Media --- but "you can't just repeat it and make it true."

Maddow dispatches with the "Ryan as 'fiscal conservative'" nonsense in the unforgiving video below, in which she notes:

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Given disenfranchising polling place Photo ID restriction laws Republicans have enacted in nearly a dozen states over the past year, you'd think there was an epidemic of Democratic "voter fraud" in this nation. That's certainly the way the GOP has framed it, fooled the corporate mainstream media into reporting it, and even scammed the White House and Congressional Democrats into going along with it when they signed legislation that defunded ACORN, a four-decade old community organization never found to have committed voter fraud, or even helped to see a single fraudulent vote cast in any election anywhere.

As it turns out, not only is there no such epidemic of Democratic voter fraud, but the opposite is true. Over the past year, very high profile Republicans --- including this year's presumed standard bearer, Mitt Romney; the Sec. of State of Indiana (the first state to institute polling place Photo ID restrictions) Charlie White; one time GOP front-runner Newt Gingrich; MO's new GOP nominee for the U.S. Senate Todd Akin; and the group hired by the Sacramento, CA Republican Party to collect voter registrations this year for Rep. Dan Lungren; among others (all detailed below) --- have each been revealed as having committed or participated in election fraud --- both voter registration fraud and actual voter fraud --- in state after state.

One might even call it "an epidemic". Or, if you prefer, "one of the greatest frauds in voter history, maybe destroying the fabric of democracy," as then GOP Presidential nominee John McCain described what Republicans pretended ACORN was doing back in 2008 (just before it was revealed he had previously been the group's keynote speaker where he told ACORN's members they were "what makes America special.")

So really, should we be surprised to learn that four aides to former long-shot GOP Presidential candidate and U.S. House Rep. Thaddeus McCotter --- Representative of the state's 11th and one of its most Republican districts --- were indicted yesterday on dozens of criminal felony and misdemeanor election fraud charges for having turned in over 1,500 forged and falsified signatures in a "blatant" and "disgraceful" attempt, as the state's Republican AG described it, to qualify the Congressman for this year's ballot?...

The stories are coming in faster and furiouser as we get closer to the November Presidential Election, and as Republican Secretaries of State around the country scramble to exercise and/or abuse their power to game the system in favor of their party any way they legally-ish can do so.

(If anybody finds Democratic Secretaries of State doing same, please feel free to let us know.)

So here are a few quick (and by no means complete) news updates on voter suppression techniques being implemented by GOP Secretaries of State over the past few days in Michigan, Iowa and Ohio, as this election, less than 100 days away, now begins to enter it's even uglier phase...