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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

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Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

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VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


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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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!"

* * *

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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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/4/2012 2:47pm PT  


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IN TODAY'S RADIO REPORT: Romney mocks climate change, while Obama doesn't, as the Democratic National Convention gets underway; Energy company CEO pushes for a price on carbon(!); Midwest drought now coming for your popcorn; PLUS: Speaking of 'popping' - Hurricane Isaac recovery, now with dead rats! ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Summer of Fire 2012: new fires prompt evacuations in NE, CA; Organics no healthier than conventional foods - if you don't count pesticides and antibiotic-resistant superbugs; Israel solar industry struggling; Arctic ice melt: 1st sailboat in the Arctic Ocean; Shell gets a pass, clears another hurdle to Arctic drilling; Methane now contaminating PA water supplies; Study: humanity set to blow past 2 degrees Celisus warming ... PLUS: Labor Day 2040: Endless Summer ... and much, MUCH more! ...

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By his own admission, they argue, hundreds of thousands of legal voters may be disenfranchised by the GOP-enacted law...
By Ernest A. Canning on 9/4/2012 6:35am PT  

The petitioners challenging the Republican polling place Photo ID restriction law as a violation of the state Constitution in Pennsylvania, have filed their appeal to the state's Supreme Court, after being caught off-guard by a surprising and stinging defeat at the hands of a Republican Commonwealth Judge last month.

In their 68-page Pennsylvania Supreme Court brief [PDF], the petitioners in Applewhite vs. Commonwealth of Pennsylvania set forth a compelling legal case to demonstrate the need for a preliminary injunction in advance of the November 2012 President Election in order to prevent what they describe as the potential disenfranchisement of hundreds of thousands of lawfully registered voters.

The brief does much more than simply urge that Commonwealth Judge Robert E. Simpson, erred in applying the federal "minimum scrutiny" standard instead of subjecting Photo ID to "strict scrutiny" under state law because, they argue, it threatens to deprive hundreds of thousands of Keystone State citizens of a fundamental right to vote. The brief lays bare many of the GOP myths about the purpose of polling place Photo ID restrictions, while demonstrating why the GOP-enacted Pennsylvania law would not qualify as constitutional even under the less demanding test laid down by six of the U.S. Supreme Court's nine Justices in Crawford v. Marion County Board of Elections, their 2008 decision approving Indiana's version of a similar restriction on voting in that state...

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Finds 'arbitrary' restrictions for all but military voters disproportionately harms low-income and minority voters
Decision continues recent spate of federal voting rights victories...
By Brad Friedman on 8/31/2012 1:16pm PT  

The recent spate of federal court victories in favor of voting rights across the nation continued today, as a U.S. District Court judge in Ohio sided with Democrats and the Obama campaign, finding that the removal of in-person Early Voting for all voters on the final three days before Election Day in the Buckeye State was an "arbitrary" decision made by the state's Republican lawmakers and Secretary of State.

The removal of in-person Early Voting in those last three days before the election --- when some 100,000 voters had cast their votes in the state during the 2008 Presidential Election --- for all but active-duty military voters, is likely to "irreparably harm" the voting rights of "low-income and minority voters [who] are disproportionately affected by the elimination of those voting days," according to the ruling by U.S. District Judge Peter Economus [PDF].

The ruling is another major win for Ohio voters, as the judge ruled in favor of the Democratic complaint seeking a temporary injunction on the state's new voting restrictions.

Through a convoluted series of legislative actions by Republican state lawmakers and rulings by Sec. of State John Husted, which we detailed earlier this month, Ohio had restricted Early Voting on the final weekend before the Tuesday election to all but active duty military voters. We also explained in that same article how the Romney campaign --- based on a false assertion initially posited by the Republican propaganda website Breitbart.com and subsequently forwarded loudly by Fox "News" --- argued dishonestly that the Obama campaign was attempting to "undermine" and restrict voting rights of the military, which the GOP nominee described on his Facebook page as an "outrage".

In fact, as the very first paragraph of the Obama complaint [PDF] made quite clear, the Democrats were not attempting to restrict the rights of military voters, but, in reality, suing to "restore in-person early voting for all Ohioans during the three days prior to Election Day," including for some 900,000 veterans in the state whose rights had similarly been removed by the Ohio Republicans.

Today, the Democrats' argument prevailed in federal court, as Economus found that "Plaintiffs have a constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis with all Ohio voters, including [active duty military] voters"...

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And reads them off a TelePrompter...
By Brad Friedman on 8/30/2012 4:54pm PT  

This is amusing and/or interesting and/or not surprising at all on several levels.

First, of course, ever since Obama has taken office, Republicans have pretended that there is something wrong with using a TelePrompter when speaking --- at least when it's done by Obama because, you know, he's so stupid he needs one, or something.

But, more of note, the two videos below offer amusing proof that the GOP is even willing to fix the results of their own elections at their own national conventions....

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/30/2012 3:20pm PT  


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IN TODAY'S RADIO REPORT: Flooding, evacuations and levee breaching as Tropical Storm Isaac moves inland; Isaac's rain is too little too late for drought-stricken Midwest farmers, as House Republicans cut weather monitoring agencies; Hip-deep rhetoric at the RNC in Tampa; PLUS: President Obama uses the "C" word ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): 'Vast reservoir' of methane beneath Antarctic ice sheet poses climate danger; American Meteorological Society: climate change is happening; MSHA: review miners' 'mandatory' attendance at Romney rally; BPA may affect multiple generations; Anti-nuke sentiment baffles Japan govt; 7 arrested at Keystone XL blockade; Yoko Ono fights fracking; Australians invent solar-powered air conditioner ... PLUS: 9 energy innovations that make the future brighter ... and much, MUCH more! ...

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3-judge panel finds law discriminatory under Voting Rights Act, would 'disenfranchise minorities and the poor'...
By Brad Friedman on 8/30/2012 9:57am PT  

Following on the U.S. Dept. of Justice finding last March that the Republican-enacted polling place Photo ID restriction law in Texas was discriminatory, in violation of the U.S. Voting Rights Act (VRA), a three-judge U.S. District Court panel has again blocked the law from being implemented.

The decision by the federal panel, which included one judge appointed by George W. Bush, was unanimous.

Texas had appealed the DoJ decision earlier this year, seeking a declaratory judgment from the court, after the federal agency had found the state had not met its "burden of showing that a submitted change [to an election law] has neither a discriminatory purpose nor a discriminatory effect," under Section 5 of the VRA, which requires preclearance for new election laws in 16 different U.S. jurisdictions with a history of racial discrimination. The Lone Star State is one of those jurisdictions.

The DoJ had determined [PDF] that, based on the state's own statistics, the law would have disproportionately disenfranchised registered Hispanic voters in the state. They found that registered Hispanics are anywhere from 46% to 120% more likely than non-Hispanics to lack the type of state-issued Photo ID that would have now been required to vote under the new law.

The 56-page ruling by the U.S. District court panel in D.C. today [PDF] found that "the law will almost certainly have retrogressive effect" as "it imposes strict, unforgiving burdens on the poor, and racial minorities in Texas [who] are disproportionately likely to live in poverty."

"Crucially," the court added, "the Texas legislature defeated several amendments that could have made this a far closer case" when they ignored warnings that the law "as written, would disenfranchise minorities and the poor."

In Texas, as Democratic lawmakers had pointed out while the bill was being debated, some registered voters would have to travel as far as 250 miles round trip to receive their "free" ID from a state Dept. of Public Safety (DPS) driver's license facility, presuming they owned or were able to afford buy the underlying documentation required to obtain that "free" ID. The burden would be especially difficult for those without drivers licenses in the first place. Moreover, as the DoJ had previously found, "in 81 of the state’s 254 counties, there are no operational driver’s license offices," and many of them have limited hours of operation.

The court blasted both the Republican lawmakers and the attorneys who presented their case. "Everything Texas has submitted as affirmative evidence is unpersuasive, invalid, or both. Moreover, uncontested record evidence conclusively shows that the implicit costs of obtaining [Photo ID that would satisfy the new law] will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty. We therefore conclude that SB 14 is likely to lead to 'retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.'"

This was the second stinging loss for Texas Republicans in one week. On Monday, their plan for Congressional Redistricting in the state, on the heels of four new seats gained after the 2010 Census, was also struck down by a three-judge federal panel for violations of the VRA...

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By Brad Friedman on 8/29/2012 1:48pm PT  

As we reported last September, the U.S. Dept. of Justice found that the state Republicans' Congressional redistricting map for Texas, as signed by Gov. Rick Perry, was in violation of the federal Voting Rights Act. The DoJ found that the new plan --- which added four Congressional seats in the state after an increase in population was found by the 2010 Census --- was purposefully discriminatory against minority voters.

The DoJ asserted that the plan "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."

Texas appealed that ruling to a Federal District court which made its ruling yesterday. They agreed with the DoJ that the state was discriminating against it's own minority citizens, as Ari Berman reports at The Nation...

Today a three-judge federal court in Washington concurred with DOJ, writing that Texas’s redistricting plans were “enacted with discriminatory purpose” and did not deserve preclearance under Section 5 [of the federal Voting Rights Act.]

Here are the relevant facts of the case: Texas gained 4.3 million new residents from 2000–10. Nearly 90 percent of that growth came from minority citizens (65 percent Hispanic, 13 percent African-American, 10 percent Asian). As a result, Texas gained four new Congressional seats, from thirty-two to thirty-six. Yet under the Congressional redistricting map passed by Texas Republicans following the 2010 election, white Republicans were awarded three of the four new seats that resulted from Democratic-leaning minority population growth. The League of Women Voters called the plan “the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year.”

Berman has more details on the specific findings in the ruling, and notes that a lawsuit filed by civil rights groups late last year asserts that "even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts." He also notes that the court found "Texas Republicans not only failed to grant new power to minority voters in the state, they also took away vital economic resources from minority Democratic members of Congress."

The state may now, and likely will, appeal the ruling to the U.S. Supreme Court. In the meantime, says Berman, "An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election."

Earlier this year, the DoJ similarly rejected a new polling place Photo ID restriction law enacted by Republicans also in violation of the Voting Rights Act. Based on two differing sets of data supplied by the state, the DoJ found [PDF] that currently registered Hispanic voters were anywhere from 46.5% to 120% more likely than registered white voters to lack the type of state-issued Photo ID which would now be required to vote under the GOP's new law.

The state appealed that ruling as well to the same federal District Court panel in D.C. which heard the redistricting case. Their ruling on the Photo ID restriction law is expected very soon.

* * *

UPDATE 8/30/12: The federal court has similarly rejected the Texas Republicans' polling place Photo ID restriction law, finding it, like the Congressional Redistricting map, to be purposefully discriminatory against minorities. Full details on that ruling now here...

* * *
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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By Brad Friedman on 8/29/2012 12:01pm PT  

The insults have been piling up all year, as the establishment GOP has been kicking its own to the curb in primary after primary, caucus after caucus, convention after convention.

From blatant attempts to steal the statewide caucuses in Maine to arrests at the St. Charles, Missouri caucus to a stolen county convention in Clarke County, GA , to arrests and broken bones at the state convention in Louisiana, to the theft of duly elected delegates from Massachusetts, and much much more, the national Republican Party has had one clear message for their members who did not wish to support the establishment's status quo selection for the 2012 nominee for President of the United States: "Fuck off!"

That message, and the push-back against it (for now) culminated finally in a short, but still-embarrassing-to-the-GOP mini-outburst on the floor of the Republican National Convention yesterday afternoon, after the RNC Rules Committee had approved new rules last week (to keep pesky party supporters of non-establishment-approved candidates from gaining any foothold in future election cycles) and after they'd barred most of Ron Paul's delegates from Maine from being seated.

Here is video of the raucus scene on the floor yesterday afternoon in Tampa as the Credentials Committee jammed through it's own establishment-approved slate of delegates and Paul supporters erupted in chants of "Seat them now!" and "Point of order!" against the backlash of "USA! USA! USA!" from Romney supporters...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/28/2012 3:18pm PT  


TWITTER: @GreenNewsReport
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IN TODAY'S RADIO REPORT: An anxious Gulf Coast awaits Hurricane Isaac; Tampa GOP prays the storm away (rejoices when it veers towards Louisiana!); Massive refinery fire in Venezuela; More MPG for American cars, but Romney's against it; PLUS: Melting ice in the Arctic hits a new record low ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): OH: Coal miners lose day's pay to attend mandatory Romney rally; Greenpeace activists occupy Arctic oil rig; Food companies fight GMO labeling in CA; Cyanide spill at Alaska mine; Australia & EU to merge carbon markets; China to spend $300+ billion in 3 years on energy efficiency ... PLUS: Onion: RNC Builds Levee Out Of Poor People To Protect Convention Site ... and much, MUCH more! ...

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Freedom of political choice vs. slavery in post-'Citizens United' America...
By Ernest A. Canning on 8/27/2012 2:39pm PT  

Guest blogged by Ernest A. Canning

In a case where the employment of several members of the United Public Workers (UPW) was terminated after they failed to fully participate in unpaid, off-duty campaign activities on behalf of a union-supported Congressional candidate, three Republican members of the Federal Elections Commission produced an astounding Aug. 21 decision. They ruled that it is perfectly lawful for unions and corporations to compel their members and employees to engage in such activities, sans compensation, as part of "independent campaign efforts."

In their "Statement of Reasons" [PDF], the three GOP Commissioners explained the basis for their remarkable ruling.

They acknowledged that the Federal Election Campaign Act of 1971, 2 USC §441b(a), as well as FEC "regulations prohibit a labor organization [or a corporation] from facilitating the making of a contribution by means of 'coercion, such as the threat of a detrimental job action...to make a contribution or engage in fundraising activities on behalf of a candidate." But, they wrote: "These provisions do not apply to UPW's independent campaign efforts."

UPW's independent use of its paid workforce to campaign for a federal candidate post-Citizen's United was not contemplated by Congress and, consequently, is not prohibited by either the Act or Commission regulations.

The FEC's three Republican appointees thus presented not only a novel but a remarkable extension of Citizens United given that 2 USC §441b(c) makes it "unlawful" even for a corporation's or union's "segregated fund" to provide "anything of value" that is secured by a threat of financial reprisal. The statute mandates that employees must be told about their "right to refuse to so contribute without any reprisal."

In their separate "Statement of Reasons" [PDF], the three FEC Democrats, along with Office of General Counsel (OGC), found a clear-cut violation of Section 441b. "Nothing in Citizens United," the FEC Democrats opined, "suggests...that the Court intended to expand the rights of corporations and unions at the expense of their employees' longstanding rights to be free from coercion and to express or decline to express their political views."

According to the Congressional Research Service [PDF], at least four votes are required for the FEC "to exercise core functions." Thus, the 3-3 deadlock prevented the FEC from disciplining the union for anything beyond the fine for non-reporting of the "independent expenditure."

Setting aside the fact that the OGC's and FEC Democrats' interpretation appears to find direct support in the language of Section 441b of the U.S. Code, there's a fundamental constitutional issue that arises from the disturbing GOP interpretation of Citizens United which neither side addressed --- slavery!...

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By Brad Friedman on 8/27/2012 11:28am PT  

Last week, as Tropical Storm Isaac was barreling towards Tampa, I posited that since Republicans "didn't get the message back in 2008" when Hurricane Gustav slammed into Louisiana on the first day of the RNC, cancelling the first day of their convention that year, it was a clear sign that "God hates the Republican National Convention".

Now that the first day of the RNC has once again been cancelled in 2012, thanks to what our own Desi Doyen dubbed "Tropical Storm Irony" during last Thursday's Green News Report, I've had time to rethink my feelings on this.

While the track for Isaac has moved to the west, and Tampa is no longer under Tropical Storm Warnings or Watches (though a Tornado Warning has just been issued for the area), I may have underestimated God's love for the RNC.

The storm, expected to turn into a hurricane in the next few hours, has already had an arguably positive effect on the RNC, as Donald Trump's appearance has now reportedly been cancelled given the shortened schedule to make up for the loss of the first day. That can only be good news for Republicans, frankly.

Also, with the new track predicted for Isaac, Gov. Bobby Jindal (R-LA) has also announced he's no longer planning to go. Another plus for the RNC! God may be saving them from themselves, it seems.

On the other hand...Isaac is now gaining strength and is said to be on a straight track towards New Orleans on Wednesday, as Veep pick Ryan was to give his address to the RNC, and as Mitt and friends were planning to party hardy with their best tea-bag laden hats and otherwise prepare for the balloons to drop in Tampa on Thursday night. Isaac now seems to be following in Katrina's footsteps, almost seven years to the day after that deadly storm struck, the levees failed the next day, and thousands were killed, even as Karl Rove was glad-handing fans in Crawford, TX at the same moment an entire American city was being wiped out.

Similar scenes would make for rather unseemly split-screens on network television those nights, to say the least. Might Isaac end up cancelling the entire convention this year? And would that be a good or bad thing for the 2012 crop of Republicans?

Final conclusion: God works in mysterious ways. Stay safe, NOLA!...

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Some restrictions may apply, however, even as expansion of voting rights is a welcome change of pace to GOP contraction
UPDATE: Bill passes, is on way to Governor's desk...
By Brad Friedman on 8/27/2012 6:35am PT  

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...

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