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Case would represent first instance of the federal agency challenging such a law under Section 2 of Voting Rights Act...
By Brad Friedman on 7/23/2012 8:12pm PT  

Good news for fans of democracy and voting rights, and for foes of discrimination! Bad news for Republican Gov. Tom Corbett, his GOP state legislature, and perhaps others like them in different states.

The U.S. Dept. of Justice may soon be filing a legal challenge to Pennsylvania's new GOP-enacted polling place Photo ID restriction. The law will affect the ability of some 750,000 legal voters to cast their once-legal vote in the Keystone State this November, unless it is overturned. If the feds choose to bring suit against the new law, it would be the first time the federal agency has used the anti-discrimination provisions of Section 2 of the Voting Rights Act (VRA) of 1965 to block such a law.

Last February, as a civil rights group had filed a federal challenge against the state of Wisconsin, charging that state's new GOP-enacted polling place Photo ID restriction violated the federal constitution, we explained how the moment presented a "golden opportunity" for the U.S. Dept. of Justice to join the case and challenge it, as well as similar laws in other states, under Section 2 of the VRA.

As Ernie Canning detailed at the time, the DoJ has, to date, only challenged recently-enacted polling place Photo ID restriction laws in jurisdictions which are covered by Section 5 of the VRA. That section of the landmark federal law requires that new election laws in some 16 states, or parts of states with long histories of racial discrimination at the polls, receive federal government preclearance for the new laws before they may be enforced. Section 5 places the burden on the jurisdictions themselves to demonstrate that the new laws will not have a discriminatory effect.

Since these particular laws have been shown, indeed, to be designed to discriminate against largely Democratic-leaning voters, the states where the laws have been denied preclearance by the DoJ --- states like Texas and South Carolina, for instance --- have been unable to demonstrate their laws did not have the effect of discriminating against legal minority voters. In both of those cases, using data supplied to the DoJ by the states, it was simple to show the discriminatory effect of the new laws. (For example, in South Carolina, African-American voters were found to be 20% more likely to lack the type of ID needed to vote under the new law than white voters. In Texas, the state's own data showed that legal Hispanic voters were as much as 120% more likely to lack the requisite ID to vote under the new law than non-Hispanic voters.)

But similar laws passed in states not covered by Section 5 --- states like Wisconsin, Tennessee, Kansas, and Pennsylvania --- have yet to face the same kind of legal scrutiny from the federal government --- until now...

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ALSO: Court challenges heard on similar restrictions in MN, TX, as new report finds some 10 million eligible voters disadvantaged by the Republican-supported polling place schemes...
By Brad Friedman on 7/18/2012 12:05pm PT  

If there was any doubt before, after several findings by several courts that the Wisconsin GOP's attempts to institute polling place Photo ID restrictions were in strict violation of their state Constitution, yesterday's verdict ought to (but probably won't) put a hard end to that question...

A Dane County judge on Tuesday permanently barred enforcement of the photo identification requirements of Wisconsin's voter ID law, saying that it imposes too great a burden on voters in Wisconsin than the state constitution allows.

Circuit Judge David Flanagan ruled that Wisconsin Act 23, the voter ID law, "tells more than 300,000 Wisconsin voters who do not now have an acceptable form of photo identification that they cannot vote unless they first obtain a photo ID card."

That requirement, he wrote, imposes a "substantial burden" upon a significant proportion of state residents who are registered or eligible to vote because of the cost and difficulty of obtaining documents needed to apply for a state photo ID. That creates a "substantial impairment" to the right to vote guaranteed by the Wisconsin Constitution, he wrote.

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By Desi Doyen on 7/17/2012 3:17pm PT  


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By Desi Doyen on 5/22/2012 2:13pm PT  


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Time for DoJ to step up and challenge voter suppression laws in states not covered by Voting Rights Act Section 5...
By Brad Friedman on 4/23/2012 3:29pm PT  

[NOTE: I interviewed 90-year old Joyce Block from Pennsylvania, the woman discussed in the story below, today (Wed, 4/25) on my KPFK/Pacific Radio show, and she offered a bit of a "good news" update on her story. That interview is now posted here. - BF]

And now it's the voters in Pennsylvania who are beginning to lose their right to vote under new Republican voter suppression laws. The latest story of a citizen having their rights robbed by Big Government GOP disenfranchisement laws is that of Joyce Block, a 90-year old grandmother from Doylestown who has voted for 70 years without a problem --- until now.

We've been reporting for some time on legal voters who are being disenfranchised by Republican-passed polling place Photo ID restrictions around the country. For example, in Indiana there were the 80- and 90-year old nuns who were turned away from the polls in 2008 after that state's first-in-the-nation Photo ID restriction had taken away the rights they'd freely and legally exercised for decades at their own monastery. (They were turned away that year by the poll worker, their fellow sister, who had been forced to follow the new voter suppression law.)

Of course, that same law in the Hoosier State didn't prevent their top election official, charged with overseeing the law, Republican Sec. of State Charlie White, from committing three voter fraud felonies himself. He was found guilty in February of this year and forced to leave office. But these laws aren't actually meant to stop voter fraud. Even proponents of such laws are unable to cite any cases of polling place impersonation --- the only type of voter fraud that could possible be deterred by such laws --- which might have been prevented in their state by polling place Photo ID restrictions. These laws are meant solely to disenfranchise perfectly legal, usually Democratic-leaning voters who disproportionately lack the type of ID now needed to vote in states where these laws have been approved.

We told you about 87-year old Ruthelle Frank, an elected town official in Wisconsin who would have to come up with more than $200 for her "free" ID to vote under the GOP's new law there. And then there was 77-year old Bettye Jones for whom it would be strictly impossible to vote at all under WI's law which was, thankfully, recently found to be in violation of the state Constitution by two separate judges in two separate lawsuits in the Badger State.

Down in Tennessee, we told you about 96-year old Dorothy Cooper who was denied a "free" Photo ID, as now needed to vote there, even though she had her birth certificate to prove she was who she said she was. And we also highlighted 93-year old Thelma Mitchell, who used to clean the Governor's office in the statehouse, but was told that her ID was no longer good enough to cast a vote in the Volunteer State.

We could, of course, go on and on and on with such examples, even as we could detail the many high-profile Republicans who have committed voter fraud --- folks like Mitt Romney and Ann Coulter and many others, to name just a few --- who would not have been prevented from committing their crimes even under Photo ID restrictions, because that's not how voter fraud generally occurs and not the sort of voters these laws are meant to disenfranchise. It is, however, a swell way to keep hundreds of thousands, even millions, of perfectly legal --- largely elderly, minority and student (read: Democratic leaning) --- voters from being able to cast their legal vote.

And now, in Pennsylvania, the most recent state where Republicans have approved a polling place Photo ID restriction law --- and where the state's Republican Governor Tom Corbett blatantly lied about it to the media --- we see the 90-year old grandmother-in-law of a local Borough Council president who looks as if she'll be forced to break her perfect 70-year voting record this November, as she too is unable to receive the supposedly "free" ID soon required to vote in the Keystone State...

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By Desi Doyen on 3/15/2012 1:34pm PT  


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By Brad Friedman on 3/13/2012 5:24pm PT  

Wow. Ya know, I love RT (Russia's English language satellite/cable TV channel) and the host of today's show, Liz Wahl, but --- seriously guys? Ya can't find a legitimate, even somewhat informed, non-crazy person to defend Republican voter suppression at the polling place?

Maybe not. So, instead, I faced off today with some wingnut Breitbot clown named Seton Motley who is, apparently, the President of an outfit calling itself (ironically enough) "Less Government".

I'm pretty sure this video of our, um, "discussion", and this guy, and his anti-democracy arguments (and his need to call me a "doofus" in the middle of the debate when he runs out of stuff to make up) pretty much speak for themselves. "Enjoy"!...

P.S. One point (among many) I wasn't able to make, due to Motley's continued, obnoxious interruptions, is the irony of a guy who heads an outfit called "Less Government" --- whose motto is apparently "It's a spending problem" --- calling for millions and millions of tax-payer dollars to be spent combating a "problem" (polling place voter impersonation) for which there is no actual evidence.

It's almost as if he's no more concerned about big government, in reality, than he is about real concerns of election fraud. Go figure.

P.P.S. Yes, since Motley asked, of course I've seen James O'Keefe's hilarious "voter fraud" hoax videos. Here's our coverage of his criminal voter fraud escapades in New Hampshire and of the Republican Manchester Mayor who subsequently called for O'Keefe's arrest. And here is our coverage of his laughable misadventures in Minnesota and our follow up when we learned his fraudulent voter fraud was even more fraudulent than we'd originally given him credit for!

Other than that, we'll wait patiently for Motley's evidence that purported ACORN worker registrants Mary Poppins, Donald Duck and Jive Turkey all voted in the state of Ohio in 2006. Sigh...

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Finds registered Hispanic voters anywhere from 46% to 120% more likely than non-Hispanics to lack state-issued ID needed to vote under the new law...
By Brad Friedman on 3/12/2012 8:02pm PT  

The good news for voters, of late, keeps coming --- at least against the title wave of GOP voter suppression laws instituted around the country by Republicans since taking over legislatures and executive branches in 2010.

In addition to last week's temporary injunction of the Wisconsin's GOP polling place Photo ID restriction, and today's permanent injunction of the same law by a second judge in a separate complaint (both judges found the law in strict violation of the state Constitution's ironclad guarantee of the right to vote), today also saw the U.S. Dept. of Justice blocking a similarly disenfranchising Photo ID restriction enacted last year by Texas Republicans.

Currently, according to data supplied to the DoJ by the state of TX, more than 600,000 legally registered voters do not possess the type of ID that would be required to vote under the law passed last year, as previously set to take effect before this year's Presidential Election.

But it is the discriminatory effect of the new law which led the DoJ to nix the new changes to TX' voting laws.

Finding that the state's own statistics reveal legally registered Hispanic voters will be disproportionately disenfranchised by the TX law --- by anywhere from 46% to 120% over non-Hispanics, depending upon which set of a data submitted by TX is used for the analysis --- the DoJ rejected the statute under Section 5 of the Voting Rights Act. That section of the federal law requires preclearance for new election laws in certain jurisdictions with a history of racial discrimination. Texas is one of those covered jurisdiction.

Today, the DoJ objected to the new law after determining that the state had not met it's "burden of showing that a submitted change [to an election law] has neither a discriminatory purpose nor a discriminatory effect"...

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Republicans also face setback on similarly disenfranchising law in TX, as DoJ files Voting Rights Act objection...
By Brad Friedman on 3/12/2012 4:04pm PT  

In an unambiguous finding stating that "the legislature and governor have exceeded their constitutional authority" and that "voter fraud is no more poisonous to our democracy than voter suppression," a second Dane County Circuit court in less than a week, has determined that the Wisconsin GOP's polling place Photo ID restriction on voters is in strict violation of the state Constitution.

Today, in his 12-page ruling on the plaintiff's motion for summary judgment, Dane County Circuit Judge Richard Niess found that "Act 23," the new law which strips voters of their right to vote unless they are able to produce a state-issued Photo ID at the polling place violates the WI Constitution's Article III which guarantees the right to vote to all state residents who are 18 and over (Section 1) other than in cases where the legislature may place restrictions on convicted felons and those adjudicated to be incompetent (Section 2).

Niess has issued a permanent injunction on the law today, in a complaint filed last October by the League of Women Voters of Wisconsin arguing that legally registered voters would be unconstitutionally barred from exercising their guaranteed right to vote under the Republican's new restrictive law.

"The motion documents reveal no disputed issue of material fact requiring further evidentiary proceedings. [The plaintiffs] present a purely legal issue ripe for decision," Niess declared in his ruling, stating that Article III of the state Constitution "is unambiguous, and means exactly what it says."

Last week, in response to a complaint filed the Milwaukee Branch of the NAACP, another Dane County Circuit Court Judge, Richard Flanagan, also ruled "Act 23" to be unconstitutional on a similar basis. He had issued a temporary injunction on the law in that case, in advance of the state's April primary elections. A trial is currently scheduled to begin on that complaint next month.

In response to both rulings now, the Republican State Attorney General has vowed to appeal, though both his legal and political basis for doing so may be quickly fading with today's second, nearly-identical finding from a second court.

There are also two complaints pending on a federal basis against the same Republican law in Wisconsin. In none of them has the GOP so far been able to demonstrate a case of voter fraud which might have been prevented by the new law. On the other hand, opponents have detailed a mountain of fact-based evidence demonstrating that otherwise legal voters will ultimately be disenfranchised if the law is allowed to take full effect in advance of this year's Presidential election, and as the state gears up for a new round of recall elections meant to unseat the very Republicans responsible for creating the state's new barrier to voting...

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By Brad Friedman on 3/3/2012 3:12pm PT  

Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.

The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.

The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.

Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.

On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...

Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.

According to TPM's Reilly, the DoJ stated in their filing in that same court last night...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 2/28/2012 2:55pm PT  


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With Brad Friedman & Desi Doyen...
By Desi Doyen on 2/7/2012 2:58pm PT  


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IN TODAY'S RADIO REPORT: Romney and Paul confused about public lands; Wacked-out Winter 2012: Record cold in Europe, record warm in the U.S.; Most anti-environment Republican Party ever; PLUS: Never mind Clint Eastwood's halftime --- it was the greenest Super Bowl yet ... All that and more in today's Green News Report!

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Latest incident in emerging 2012 GOP voter fraud epidemic...
By Brad Friedman on 1/16/2012 3:02pm PT  

This is just too hilarious!

Over the weekend religious activists met somewhere in Texas to try and agree upon a "conservative" non-Romney to coalesce behind in hopes of stopping the former Massachusetts Governor's "inevitable" GOP nomination. After three ballots, reportedly, the group of some 150 religious activists finally agreed to throw their support behind Rick Santorum.

Or did they?

According to a supposedly "legitimate" rightwing news outlet today, the evangelical protestant backers of Newt Gingrich are now accusing the Catholic supporters of Santorum of election fraud and actual voter fraud!

If they did, it would hardly be the first instance of actual election fraud in the GOP camp to rear its ugly head during the Republican primary process to date...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/12/2012 2:32pm PT  


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IN TODAY'S RADIO REPORT: GOP planning end-run around Obama on Keystone XL pipeline?; 2 years after massive earthquake, Haiti still devastated; Big polluters in your neighborhood? There's a map for that; PLUS: While Obama talks clean energy, Germany actually does it ... All that and more in today's Green News Report!

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By Brad Friedman on 12/23/2011 3:25pm PT  

No time to detail this one for the moment, as I'm preparing to guest host the nationally-syndicated Mike Malloy Show tonight, so I'll just link to TPM's breaking coverage for the moment. I'll almost certainly have more to say on this on the show tonight, but for now, it looks like we've got still more good news this Christmas!

The Dept. of Justice has denied preclearance [PDF] of the South Carolina GOP's new polling place Photo ID restriction law, finding it was likely to disenfranchise voters, particularly minority voters, as "the state’s own statistics demonstrated that the photo identification requirement would have a much greater impact on non-white residents, DOJ said in a letter to the state on Friday," according to TPM.

The racial disparity seen by the DoJ is similar to the hardships, from such laws, to students and elderly voters (you know, the ones who tend to vote for Democrats, which is why the GOP is instituting these voter suppression laws in the first place.)

The GOP has long used the lie about an an epidemic of "voter fraud" by voter impersonation at the polling place, though they have failed to document virtually any instances of it. Nonetheless, they've been using such false claims to institute these types of laws around the country after Republicans took over a number of state legislatures in 2010. States that are covered by Section 5 of the Voting Rights Act of 1965 must receive preclearance for such laws before they can be enacted, given the history of racism in the covered jurisdictions.

The BRAD BLOG's own crack legal analyst, Ernie Canning, detailed the concerns that the DoJ had about the disenfranchising affects of the law back in September, noting that they seemed to be signaling at the time that preclearance would be unlikely, given many serious flaws in the state law.

A final decision on DoJ preclearance is still pending in Texas where the agency has also indicated they are likely to reject the new Photo ID laws. Meanwhile, in states not covered by Section 5, such as Wisconsin, it's fallen to non-governmental organizations, such as the ACLU, to challenge the new laws in the court system, as they did earlier this month.

All of this follows on Indiana's first-in-the-nation Photo ID restriction law, approved by the U.S. Supreme Court in 2008. Ironically enough, yesterday in the Hoosier State, the Republican Secretary of State Charlie White, now facing seven criminal felony counts, including three of them for voter fraud, was ordered removed from his post by a circuit court judge who found he was not eligible to vote or be on the ballot at all in 2010. The judge has ordered White be replaced by the second-highest vote-getter, Democrat Vop Osili. Our coverage of that incredible "White Christmas" story is right here.

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