Guest blogged by Ernest A. Canning

Reports by the Miami Herald and by Democracy Now report that the U.S. Department of Justice (DOJ) has "ordered Florida...to end a controversial voter purge that's primarily targeted Latino, Democratic and independent-minded voters" (see video below) may not be technically accurate.

Both refer to the two-page letter submitted by T. Christian Herren, the chief lawyer of the DOJ's Voting Rights Division, to FL officials which suggested that the purge, ordered by Republican Gov. Rick Scott under the unsubstantiated pretense that the state had thousands of non-citizens registered to vote, violated Section 5 of the Voting Rights Act because FL had not sought preclearance for the new voter roll purge either from the DOJ or a federal court. Herren, as the Miami Herald article observed, demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist.

Election officials across the state have confirmed that the Governor's purge list includes hundreds, if not thousands, of legally registered U.S. citizens who are improperly identified as "non-citizens" to be removed from the rolls.

Only five of Florida's 67 counties are "covered jurisdictions" under Section 5 of the Voting Rights Act. That means that while Supervisors of Elections in some counties had vowed not to carry out Scott's purge, others, like Seminal County's Republican Supervisor of Elections Mike Ertel, signified their intent to carry out what amounts to a new form of GOP "caging lists" in which those voters who do not respond to official letters in a designated fashion are automatically purged from the eligible voter rolls. On Friday, an attorney from the Florida State Association of Supervisors of Elections, representing all 67 counties, sent a memo to officials recommending they do not carry out the scrub as called for by the state.

The DOJ letter to FL also noted that the voter roll purge across the entire state appears to be in violation of the National Voter Registration Act (NVRA), which bans the removal of voters from the rolls in the 90 days prior to a federal election. Florida is set to hold its federal primary election on August 14th, making May 16th the last legal day for the type of voter roll maintenance the state now claims to be carrying out.

Even assuming that Herren's letter to the state amounts to a DOJ "order," it may not be enough to stop what The Advancement Project estimated in its May 17 letter to Herren [PDF] could ultimately produce an illegal purge of as many as 180,000 otherwise eligible voters based on a flawed, eleventh hour pre-election effort to match voter rolls against the FL driver's license data base.

After receiving the letter from the DOJ, Florida Dept. of State Spokesperson Chris Cates said they intended to continue with their purge anyway. "Bottom line is," Cates told Think Progress, "we are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot."

The purge has already ensnared U.S. citizens like Bill Internicola, the 91-year old, Brooklyn-born, World War II veteran and Bronze Star recipient who fought in the Battle of the Bulge and Archibald Bowyer, another 91-year old WWII vet who has been citizen since the age of 2, and who received his letter from the state warning he would be purged just as his wife had died.

Cates has marginalized such incidents as "a handful of people [who] have been inconvenienced.”

To halt the purge, groups like the ACLU and the DOJ may need to initiate a federal lawsuit in which they seek yet another preliminary injunction, like the one issued late Thursday by U.S. District Court Judge Robert L. Hinkle in League of Women Voters v. Browning [PDF]. That ruling, as we reported on Thursday, spoke to a different aspect of this year's GOP voter suppression effort in FL. Hinkle's ruling ordered an official federal injunction on the draconian restrictions imposed on voter registration workers by the FL GOP, which had earlier led to groups like the League of Women Voters of Florida being forced to cancel their voter registration drives for the first time in some 70 years.

Florida has until June 6th to official respond to the U.S. Dept. of Justice.

Video of Democracy Now segment on the DOJ's response to the FL purge follows...

As I'm on the road and largely off the grid this week, I was about to post the following video from last night's Rachel Maddow Show, thanking her for covering so much of what we've been covering here at The BRAD BLOG, for so long, in one nice long top-of-show segment.

I'm still going to do that, but below that, I'm happy to post a press release just sent out by the non-partisan Brennan Center for Justice at NYU, breaking the news that a federal judge has issued a preliminary injunction blocking the "key provisions of a restrictive voting law in Florida today." The Brennan Center describes the ruling as "a breakthrough victory for Florida voters and voting rights advocates nationwide."

The new law, H.B. 1355, had included onerous criminal restrictions on third-party voter registration workers. The new rules were so onerous, in fact, that the League of Women Voters of Florida was forced to call off their registration drive in the state for the first time in 70 years. In the wake of the FL GOP's new law, high school teachers had been charged with crimes for registering their own students to vote, and a registration worker had received a threatening letter from the Sec. of State for turning in voter registrations one hour late after a holiday weekend.

U.S. District Court Judge Robert L. Hinkle blocked most of the FL law's new registration requirements today, finding they accomplished little more than suppressing the registration of new voters without serving any legitimate state interest. "If the goal is to discourage voter-registration drives and thus also to make it harder for new voters to register, this may work," wrote Hinkle in his frequently scathing decision [PDF].

The Brennan Center quotes from Hinkle's ruling this way: "Together speech and voting are constitutional rights of special significance; they are the rights most protective of all others, joined in this respect by the ability to vindicate one's rights in a federal court. … [W]hen a plaintiff loses an opportunity to register a voter, the opportunity is gone forever ... And allowing responsible organizations to conduct voter-registration drives --- thus making it easier for citizens to register and vote --- promotes democracy."

See the Brennan Center's full release today posted below. It's very good news, as once again another law passed by the GOP with the intention of nothing more than suppressing the vote of largely Democratic-leaning voters is found to be in violation of the Constitution and/or federal law, as has been the case with almost every single one of these GOP-passed laws over the past year --- at least when someone (too often not the U.S. Dept. of Justice, unfortunately) bothers to go to court to challenge them.

Yesterday, at Rolling Stone, Ari Berman had calculated that some 35,000 Florida voters stand to be purged this year if the Republicans' new voter suppression efforts there are carried out in full.

As to Rachel Maddow last night, here's some of the very important coverage she offered at the top of the show, including details on the state of Florida's current effort to purge thousands of legal voters from the rolls by claiming, inaccurately, that they are non-citizens. (NOTE: That effort is a separate voter suppression measure by Republicans in the state of Florida, and is not related to today's federal court ruling blocking the earlier voter suppression measure by Republicans in the state of Florida)...

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Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.

Here's Maddow's full report...

Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.

Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:

It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...

Before we move on to the nightmare of democracy and secret, concealed "trust-me" vote-counting which will comprise the bulk of the "First-in-the-Nation" primary in New Hampshire, I'd like to offer a few final thoughts, for now, and for the record, on last Tuesday's "First-in-the-Nation" GOP Caucuses of Iowa. What happened there ought to remain firmly in all of our memories as we move into what is likely to be a nightmare of democracy and secret, concealed "trust-me" vote-counting across almost the entirety of the nation in this important Presidential Election year.

I had planned to post this article (or one like it) on Friday, when I was suddenly side-tracked by the report from Ron Paul supporter Edward True that he had noticed a mis-reported tally on the Iowa GOP's caucus results website. It was a small mis-report to be sure, but in a race that had previously been "called" for Mitt Romney by just 8 votes out of some 122,000 cast at 1,774 different caucus sites, the 20 vote error noticed by True and called to the attention of the media (and since confirmed by the Appanoose County GOP Chair) could prove to be decisive in the final certified total promised a week or so from now.

The discovery of the error --- a reporting error, apparently, as opposed to a counting error --- and the ability to quickly and independently verify the real tally of that particular precinct through a number of different, independent sources, is a tribute to the way the Republicans allowed their own voters to vote and those votes to be publicly counted.

As we spent some time detailing over the last week or two, the Iowa GOP, in a remarkable display of almost indescribable hypocrisy, allowed their voters to use processes they fight virulently against allowing for almost everybody else, particularly in elections where non-Republicans will be participating. In the Iowa Caucuses, however, where the party, not the state, sets all of their own rules for access, vote-casting and vote-counting, caucus-goers were allowed to register and vote on the same day, without disenfranchising Photo ID restrictions, on hand-marked paper ballots which were immediately and publicly hand-counted at the caucus site with results announced to all before they were called in to the central party headquarters and before the ballots were moved anywhere.

That is largely the essence of Democracy's Gold Standard for elections and it is because of that process that there are so few questions about the overall results today.

It's important to make this point, loudly and clearly, before we get lost in what is to come. It's one that even MSNBC's Rachel Maddow --- whose political analysis, whether you agree with her personal perspective or not, is usually spot-on --- missed by a country mile on Friday night while reporting on this issue. She was broadcasting from New Hampshire on the True incident back in Iowa, and on one other quickly-cleared-up question that came up about the results late night on Tuesday, when she offered an assertion that seemed more cheap-shot at Republicans than supportable assertion. It was far beneath her usually excellent standards of fact-based analysis...

Guest blogged by Ernest A. Canning

In the latest tracking poll released out of New Hampshire, the Suffolk University/7 NEWS poll [PDF], TX Governor Rick Perry receives 1% support from 500 likely voters in the Granite State. Former LA Governor and four-term U.S. Congressman Buddy Roemer also received 1%. In fact, Roemer received approval from a higher number of respondents (6) than Perry did (4). And yet, Perry was allowed to participate in both last night's GOP Presidential debate in NH as televised on ABC, as well as this morning's on NBC. Roemer was not allowed to participate in either of them.

In fact, out of some 16 GOP Presidential debates to date, Roemer has not been allowed to participate in a single one of them.

The exclusion of Roemer from every single Republican Presidential Debate provides but the latest example of how the corporate-owned media limits the ability of the American people to elect --- or even hear from --- individuals who challenge oligarchic corporate control of our ostensibly democratic institutions.

A candidate like Roemer, who has embraced Occupy Wall Street and spoken (and Tweeted) powerfully and openly and passionately and continuously against the corrupting influence of corporate money on our democratic institutions, poses a direct threat to the corporate media bottom line --- a corporate media which is looking forward to approximately $3 billion in political ad revenues in 2012, courtesy of Citizens United --- the U.S. Supreme Court's infamous 2010 decision which has flung the door wide open to the corrupting influence of unlimited anonymous corporate campaign expenditures.

Whether it entails ending coverage of the Rose Parade before thousands of Occupy demonstrators, their signs and floats could be seen or limiting the scope of discourse in both Presidential Debates and the selection of the nominee in general, exclusion provides a powerful means by which the corporate media maintains the status quo...

Last week, the Rachel Maddow Show picked up on a story we'd first reported here, concerning the hypocrisy of Newt Gingrich's massive "voter fraud" in the state of Virginia, as compared to what the GOP and Fox "News" and even Gingrich himself had been decrying as massive "voter fraud" when it was carried out by ACORN. When Gingrich did the same thing --- but far worse --- he called it "just a mistake."

Last night, as her top story, Maddow picked up on our coverage of the indescribable hypocrisy of the Iowa GOP, which sets it's very own rules for the Iowa Caucuses tonight and, in doing so, chose to not require Photo ID restrictions on voters for either voting or registering to vote at the caucus on the same night.

As we originally noted last week, while the GOP has long claimed disenfranchising polling place Photo ID restrictions are necessary to stop rampant "voter fraud" during elections in which Democrats will be participating, apparently they have no such concerns about their own elections. Even when they are allowed to set all of the rules for them. Or, more accurately, they don't wish to disenfranchise their very own voters, while they do hope to disenfranchise Democratic-leaning voters in normal elections. It's also worth highlighting that they have fought against allowing same day registration and voting in regular elections as well, while having no problem with it here in the Iowa GOP caucuses.

Maddow was as amused by it all as we were. Here's her coverage from last night. Also, read on for details on one point of information that her guest, Doug Heye, former RNC Communications Director and current Sr. Advisor to the Iowa GOP, seems to have gotten blatantly wrong during his interview with Maddow...at least according to our confirmed reporting...

Heye claims in the video above that while no Photo ID is required for voting at the IA caucuses, it will be required for folks who wish to first register and then vote at the caucus sites tonight. His assertions is a direct contradiction of both information posted by the Iowa GOP itself on its own caucus website, as well as info on the website of Iowa's Republican Sec. of State Matt Schultz. Moreover, it also contradicts the information that his office confirmed to me when I called them last week before reporting my original story...

The BRAD BLOG was the first to report that the former disgraced Speaker of the House turned Republican Presidential candidate Newt Gingrich had admitted to committing massive "voter fraud" --- thousands of cases --- in his failed attempt to qualify for the Republican Presidential Primary ballot in his home state of Virginia.

Our report on Wednesday came just minutes after Gingrich's caught-on-video admission to a voter in Iowa that his campaign had "hired somebody who turned in false signatures."

"Oh, it was just a mistake," the one-time front-runner for the GOP nomination claimed. "We turned in 11,100 — we needed 10,000 — 1,500 of them were by one guy who frankly committed fraud."

To our knowledge, however, Gingrich has yet to divulge the identify of the "one guy" who "frankly committed fraud" to law enforcement officials.

We noted that by the same (completely disingenuous) standards that the GOP and its cable TV arm, Fox "News", has long applied, for years, to the now-defunct community organization ACORN (which never committed any actual "voter fraud" or even "voter registration fraud", though a few of its workers committed the later, as discovered by ACORN themselves who promptly turned them into authorities), Gingrich was, himself, the purveyor of "massive voter fraud".

Last night, while guest hosting the Mike Malloy Show (listen to top of Hour 1), we even encouraged folks to contact the special email address that Fox "News" long ago set up for reporting such instances of "voter fraud" at VoterFraud@FoxNews.com to let them know about this massive destruction of "the fabric of democracy" as then GOP Presidential nominee Sen. John McCain hypocritically described it in 2008.

And now it looks like Chris Hayes, filling in on MSNBC for Rachel Maddow last night, picked up --- "from the Department of Shameless Schadenfreude" --- on the same theme, pointing out that Gingrich himself had previously slammed ACORN in a 2009 op-ed, in which he falsely declared that "ACORN has a long history of engaging in voter fraud," due to the exact same thing Gingrich now refers to as little more than "just a mistake". (Ironically enough, in that piece, Gingrich used the fraudulent ACORN "Pimp" Hoax video tapes created by James O'Keefe, Hannah Giles and Andrew Breitbart as the basis for his entire op-ed lie.)

Here's the short video from MSNBC last night, and a few more words to follow detailing how what Gingrich Campaign did was far worse than anything ACORN was ever found to have done...

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Meanwhile, the Republican War on Democracy continues apace.

Happily, Rachel Maddow brings us up to date on the latest in the GOP's out-and-out assault on voting and voting rights in states all over the country. The new laws passed by GOP-controlled legislatures in the wake of their 2010 electoral victories, are expected to have a wildly disproportionate disenfranchising affect on voters who tend to vote Democratic, and are likely to make voting much more difficult for some 5 million Americans, according to a new study from NYU's Brennan Center for Justice.

Apparently, Republicans must be convinced, for some reason, that they can't win elections in a fair fight. Wonder why.

Maddow's latest maddening update includes an interview with the Republican Supervisor of Elections in Volusia County, FL who was "sick to her stomach" after being forced to turn in a high school teacher to law enforcement for registering students to vote now that Florida has criminalized such activities. And, no, we're not exaggerating. That is the same new FL GOP law which has led the non-partisan League of Women Voters to cancel all voter registration in the state of Florida, after doing so for the past 72 years, because the potential penalties for doing so have simply become too onerous....

MSNBC's Rachel Maddow offered a nice hat-tip to us Tuesday night for our Secret Koch Tapes exclusive at Mother Jones on NJ Gov. Chris Christie (the complete segment, much longer than the clip below, is here)...

And RT's Thom Hartmann did similar for our Tuesday Salon exclusive on Argonne National Lab's Remote Control Diebold Hack (he covered it several times, with nice hat-tips by name, on both his radio and TV shows this week. The following was his latest and most extensive analysis, from last night)...

By the way, there's been quite a bit of new news coverage on that new e-voting hack over the past 24 hours, since I last discussed it. You can check out some of it here. And still, there has been absolutely no response to the news from Dominion Voting, the current owners of what had been Diebold Election Systems, Inc., or from ES&S, which also services many of Diebold's old contracts. The voting machine companies used to get right out in front of these things, to lie about them as soon as possible. Not this time, for some reason. Perhaps more on that later.

Also, our friend Jeanne "AKMuckraker" Devon of the great Alaska blog "Mudflats" offers an amusing take on the Diebold hack, after she noticed one-time "Tea Party" Republican candidate for the U.S. Senate Joe Miller (whose very appropriate concerns about Diebold voting systems in his state we vigorously covered during his election contest last November) is currently quoting and linking favorably to our Salon article from the front page of his website today.

Oh...and one more note! While we've been working on the above stories (and more to come) for quite a while, we haven't had time to do a proper fundraiser here for months and months and months. Hope to do one in the near future. But, until then, your financial support is always greatly appreciate and very much needed! Please consider leaving an online donation here, or using the snail-mail address in the light-blue box in our right sidebar if you can afford to do either. Thank you!!!

UPDATE 9/30/11: Well, waddaya know? Even Fox "News" suddenly gives a damn! "Researchers Hack Voting Machine for $26".

First, hearty congratulations are in order to the Koch brothers who, according to Forbes, are now worth $25 billion each!

That's up from the pathetic $17 billion each were worth back in 2009. So it looks like this economic downturn...this "Obama recession"...despite all of those "job killing tax increases" (there were none, he's cut taxes repeatedly)...and "job killing regulations" (there were very very few new regulations)...seems to be working out great for the two "job creating" co-owners of Koch Industries, the oil and chemical conglomerate the brothers were fortunate enough to inherit from their father.

The combined personal wealth of the two brothers has increased a total of $16 billion dollars over the last three years under the current President --- no matter what they like to suggest to the contrary when they're speaking in places they think nobody is listening to them.

Seems like the Kochs should be thanking Barack Obama, rather than declaring "the mother of all wars" on him.

But, as Rachel Maddow discussed last week (video posted below), for some odd reason, all that increased personal wealth for the "job creators" at Koch Industries, the country's second largest private company, doesn't seem to have translated into the actual creation of, ya know, jobs for some odd reason...

Weird. Even though their personal wealth has increased by some 40% during the worst economy in nearly a century, even though they now personally are worth more than the GDP of some 48 different countries, they keep killing jobs by firing thousands of Americans.

It's almost as if that whole "job creator" thing --- the notion that people who already have a whole lot of money will simply create more jobs, out of the kindness of their wallets, if only they have still more money --- is a crock of shit that only the dumbest, most brainwashed, misinformed, incurious jackasses could possibly fall for...or something.

Rachel Maddow's thoughts on the "job killing" Koch brothers follow below. Sen. Rand Paul (R-KY)'s thoughts on throwing the Koch brothers in jail, are right here...

So, this guy is the front-runner for the 2012 Republican nomination for President of the United States?...

TPM has more context, etc., and you can decide for yourself whether Romney was echoing the absurd Citizens United line there (that corporations are Constitutionally entitled to the same rights as human beings), or whether he was trying to say that what is good for corporations is good for the people who own and/or benefit from them.

But what strikes me is that Romney appears quite flustered and weak in that exchange. The entire tussle, with a few hecklers at the Iowa State Fair serves to make him appear profoundly unPresidential, when appearing Presidential is one of the few things he can be good at...at times. Perhaps Mittens oughta stay away from state fairs...and campaign appearances where actual people get to ask questions and stuff...for a while.

One thing is for certain though. Fairly or unfairly, that comment is likely to haunt him for a long time to come. I suspect it will become a landmark moment in Romney's political trajectory frankly. That view seems to be shared by both Rachel Maddow, who points out this isn't the first such awkward campaign appearance by Mitt, and by Stephen Colbert as well, who says Romney's "historic" statement yesterday makes him "this generations civil rights champion --- a Dr. Martin Luther, Inc., if you will." (Videos of their takes below.)

Nonetheless, for the moment, even after last night's very lively and entertaining Iowa GOP Debate on Fox "News" (a few, if not all, of the high/lowlights of what TPM describes as 'GOP Fight Night' here), Mitt still remains the man to beat --- though that's not saying much, given the current Republican field a full 15 months away from next year's Presidential election.

Maddow and Colbert video takes on Romney's "Corporations are people, my friend" comment follow...

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Last night, MSNBC's Rachel Maddow led off with the story we covered on Monday concerning Mitt Romney's apparent voter fraud in the state of Massachusetts.

Her piece includes an interview with GOP Presidential candidate Fred Karger, the man investigated the case and who filed an official complaint against Romney in the Bay State on Monday...

Maddow's excellent report does not, however, delve into the recent and growing spate of high-profile GOPers who have, or appear to have committed similar felony voter fraud violations --- such as Romney's potential fellow Mormon GOP Presidential hopeful Gov. Jon Huntsman, Missouri's GOP U.S. Senate candidate Rep. Todd Akin, Indiana's Republican Sec. of State Charlie White (who is currently facing 3 voter fraud-related indictments), or GOP voter fraud queen Ann Coulter.

Neither does she take the opportunity of noting the hypocrisy of Romney's (and the others) apparent voter fraud, when taken side-by-side with the current Republican jihad in state after state across the country to impose disenfranchising polling place voter suppression measures.

Our Monday story on Romney's apparent voter fraud, should you be interested, covers all of the above.