[This article now cross-published by Salon...]

A Circuit Court judge has resoundingly rejected Arkansas' new Photo ID restrictions on voting, declaring the law to be "null and void" and in violation of the state's Constitutional right to vote.

Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature.

Pulaski County Circuit Court Judge Timothy Davis Fox' 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election.

In his Thursday ruling, Fox found the law to be "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Section 1 of Article 3 details the "Qualifications of Electors" in the Arkansas state Constitution, declaring that, "Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election."

Section 2, on the "Right of Suffrage" states that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof."

Given the very clear and straightforward language of the state Constitution, this seems to have been a very easy case. Republicans, however, are reportedly preparing to appeal the ruling...

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

• Today's mass stabbing at a PA high school; How it stacks up against recent mass shootings; and what Archie Bunker might have to say about it;
• Emmy award-winning journalist, media activist and BRAD BLOG contributor Sue Wilson of the Media Action Center joins us to discuss the FCC's surprising recent vote to de-consolidate corporate TV outlets; The millions minted for mainstream media by the Supreme Court's McCutcheon decision; Her FCC complaint, due to be heard soon, with potential broad consequences, over whether rightwing talk radio campaigning in Wisconsin leading up to the Scott Walker recall was "bonafide news", or whether it violated federal law and/or the Zapple Doctrine.
• The new Heart Bleed bug and how that massive, newly discovered Internet security vulnerability further underscores the insanity of Internet Voting (and the various elected officials and candidates calling for it.)
• Good news rulings in the DoJ's federal challenges to polling place Photo ID restriction laws passed by Republicans in TX and in NC, as reported recently by The BRAD BLOG's legal analyst Ernie Canning.
• Bill O'Reilly's personal hypocrisy knows no bounds (wait until you hear what he said about Tesla in 2011 and then in 2014), as Desi Doyen joins us for that and the latest Green News Report.

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!

Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. Now, legislators in Texas are facing much the same thing, as that state's extreme polling place Photo ID restrictions also face legal and Constitutional challenge.

By way of an eight-page Order [PDF] issued late last week, U.S. District Court Judge Nelva Gonzales Ramos has directed the State of Texas to serve upon the U.S. Department of Justice (DoJ) documents that relate to the question of whether "state legislators, contrary to their public pronouncements, acted with discriminatory intent in enacting SB 14," the Lone Star State's polling place Photo ID restriction law.

That law had previously been found to be discriminatory against minority voters in TX, and thus rejected by both the DoJ and a federal court panel as a violation of the Voting Rights Act (VRA). It was then re-enacted by the state of Texas almost immediately after the U.S. Supreme Court gutted a central provision of the VRA in the summer of 2013.

As reported by The BRAD BLOG last September, the DoJ, and Rep. Marc Veasey (D-TX), filed separate federal lawsuits (now consolidated into a single case, Veasey v. Perry) in which they allege that the Photo ID law enacted by the Texas legislature (SB 14) violates another section of the VRA, Section 2, as well as the U.S. Constitution.

The documents in question, created by Republican officials and lawmakers, which must now be turned over to the court, may shed light on the actual intent of those officials in enacting the restrictive voting law...

A U.S. District judge has ruled that Republican legislators in North Carolina must provide documents revealing their work in passing and implementing a radical election reform bill which, when it was passed last year, was described by opponents as the "worse-than-anyone-would-have-ever-imagined voter suppression bill."

Late last week, U.S. District Court Magistrate Judge Joi Elizabeth Peake issued an Order [PDF] in which she rejected a blanket refusal by NC Republican state legislators to provide any documents that relate to the question of whether the sweeping legislation known as the Voter Information Reform Act ("VIVA" aka HB 589) amounted to nothing less than a racially-motivated attempt to deprive African-Americans of their constitutional right to vote.

As we observed when the law was hastily enacted last year, among the law's myriad ways of making registration and voting much more difficult, VIVA includes "draconian polling place Photo ID restrictions (despite the absence of any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program."

VIVA was quickly passed last year on the heels of the U.S. Supreme Court's controversial, 5-4 decision in Shelby County v. Holder. The decision resulted in the gutting of a central provision of the federal Voting Rights Act. Before that, most of the measures in VIVA could not have taken effect unless they received advance approval from either the U.S. Department of Justice (DoJ) or a federal court. Such approval could have been obtained only if NC established that VIVA was neither intended to nor would have the effect of denying or abridging the right to vote on account of race, color or being the member of a language minority.

The new ruling may help plaintiffs establish violations of both the still-standing elements of the Voting Rights Act and the U.S. Constitution. Moreover, the order to compel documentation concerning the law's genesis in NC, if upheld, could also have a broader national significance...

Oh, I'm sorry. Those weren't more than 80,000 'Tea Partiers' marching in downtown Raleigh, North Carolina, over the weekend. Those were people peacefully demonstrating against the radical Rightwing 'Tea Party' policies of the North Carolina Legislature and Governor.

Had they been 'Tea Partiers' protesting, of course, you would have already heard about the march, as it likely would have been featured by every news outlet in the nation, along with the repeated claim that such a massive gathering of angry voters portends disaster for Democrats this November.

Such as these were not angry Rightwingers marching, however, the event barely made the "news" beyond North Carolina's borders. But it happened, whether the national, so-called "liberal media" covered it or not and, as these photos demonstrate, it was pretty damned huge...

Completely unnecessary polling place Photo ID restrictions enacted by so-called "small government conservatives" are costing taxpayers more and more big government money every day.

In Dallas County, Texas, for example, where County Commissioners are wrestling with the Republican-enacted state law to restrict which legal voters will be allowed to vote, hundreds of thousands of dollars have already been allocated to try and help legally registered voters retain their right to vote in the upcoming March primary election, according to the Dallas Morning News. And it looks like they will have to spend still more.

The cost of "small government conservatism" to taxpayers continues to mount in the Lone Star State, on outreach to voters and administrative necessities, as well as the cost of defending the voting restrictions in state and federal court...

Following the national shame of 2012 when long lines at the polls on Election Day and during Early Voting (which was restricted by Republicans in a number of states) once again suppressed the vote and endangered American democracy, President Obama called for electoral reform as he declared victory on Election Night.

"I want to thank every American who participated in this election...Whether you voted for the very first time or waited in line for a very long time," he said, adding: "By the way, we have to fix that."

During his second Inauguration speech, he repeated the message: "Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote."

At his State of the Union Address in 2013, he again re-iterated the call for reform --- citing the story of 102-year old Desiline Victor, an African-American Florida woman who was forced to wait in line for hours on end to cast her vote in 2012 --- before announcing his creation, by Executive Order, of a bi-partisan Presidential Commission on Election Administration. It would be headed up by both his own top election attorney, Robert Bauer, as well as Mitt Romney's lead election attorney and long-time GOP operative, Benjamin Ginsberg.

After six months of hearings and conferences around the country, that commission has now released its unanimous recommendations [PDF] for improving access to the voting booth and for other much-needed improvements for electoral administration.

While coming to bi-partisan consensus with a report on such a contentious topic is no small achievement in and of itself in this extraordinarily divisive environment, the Commission highlighted one fairly obvious point which will almost certainly disappoint the most partisan Republicans, but also, perhaps less obviously, some Democrats...

[Hat-tip Voter Center]

Norm Ornstein of the very conservative American Enterprise Institute (AEI), writes this week at National Journal...

I won't be surprised if history finds the Shelby County ruling, along with Citizens United, to be right up there in the Dred Scott pantheon of terrible rulings by a U.S. Supreme Court. That both occurred within years of each others on the John Roberts Court speaks volumes --- and does not bode well for whatever may still be to come.

How's that for a scary Halloween night posting?...

When Don Yelton, North Carolina Republican Party Executive Committee Member and GOP Precinct Chair of Buncombe County, NC tried to explain to The Daily Show that the state's new polling place Photo ID restriction law wasn't racist at all, things went from bad to worse.

Mind you, the "bad" was when he (actually!) claimed that one of his best friends was black! So...you can only imagine what the "worse" was...

Yeah. Pretty amazing. In an interview with Mountain Xpress after the show aired Wednesday night, Yelton said he was pleased with the way the Daily Show had edited the conversation. "The comments that were made, that I said, I stand behind them. I believe them," he told the paper. "To tell you the truth, there were a lot of things I said that they could’ve made me sound worse than what they put up."

But the Republican Party --- currently fighting in court to support the most restrictive voter suppression law to be passed in the nation since the Jim Crow era --- is not quite as pleased. The Buncombe County GOP said in a statement on Facebook, that "Mr. Yelton’s comments do not reflect the belief or feelings of Buncombe republicans, nor do they mirror any core principle that our party is founded upon."

And, late Thursday, as Prachi Gupta at Salon reports, despite initially standing behind his comments, Yelton has now stepped down as the GOP precinct chair in Buncombe County:

Um, artificial damage?

Gawker reports that Yelton has now also stepped down from his state Republican Party leadership position as well. Moral for Republicans: It's okay to think it and pass laws based on it, just don't say it out loud, please and thanks, and certainly not in front of a TV camera!

UPDATE: Yelton has a new story. He now says The Daily Show took him out of context (in contrast to what he said previously, as seen above), then goes on to use the n-word to defend himself and calls his local Republican Party "gutless" because says they could have "turn[ed the interview] into a positive" by using it to show they accept all points of view. Seriously. See TPM for more...

Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our TENTH YEAR! --- as available from no other media outlet in the nation...

The radically activist Supreme Court Justice Antonin Scalia --- who, despite his increasing tendency to legislate from the bench, likes to pretend he's not an activist and not legislating from the bench --- was asked about his personal sources for news in a New York interview by Jennifer Senior published over the weekend.

His answer, while perhaps the least surprising news of the day, may explain a lot...

His "favorite" "talk guy", he says, is former Reagan official, Bill Bennett, who once declared "you could abort every black baby in this country, and your crime rate would go down." That's the type of person that Scalia looks to for his "news", apparently.

Ian Millhiser who, after quaintly describing the aging Justice as "Archie Bunker in a less comfy chair," citing the remarks from the interview above, as well as Scalia's statements that he believes the Devil is "a real person", and his being troubled by Hollywood "ladies" using "the f-word" in movies, notes a more disturbing revelation from the interview...

The U.S. Justice Department announced today that it will be filing suit to block the central provisions of North Carolina's new, draconian restrictions on voting.

The DoJ will also ask the federal courts to require preclearance for new election-related laws in the state.

The Tar Heel State's massive new, controversial restrictions on voting were passed by Republicans this Summer just after the U.S. Supreme Court gutted the heart of the Voting Rights Act in June. We've previously described the new measure as the nation's worst voter suppression law since the Jim Crow era.

The DoJ lawsuit is the latest element of U.S. Attorney General Eric Holder's vow this summer to use "every tool" at the DoJ's disposal to fight for voting rights after SCOTUS dismantled a key provision of the VRA that required jurisdictions with a long history of racial discrimination in election laws, such as North Carolina, to seek federal approval, or "preclearance" before new election related laws could be enforced.

The suit follows similar action by the DoJ in Texas, where new polling place Photo ID restrictions and Congressional redistricting --- both previously found by the DoJ and federal courts to be purposefully discriminatory in the Lone Star State --- are also being challenged as violations of the VRA and the U.S. Constitution. The federal suit in NC is the latest of several complaints filed against the state's massive new voting restrictions, all of them alleging, with no small amount of evidence in support, that the law is a racially motivated attempt to suppress minorities and other Democratic-leaning voters.

From the DoJ announcement today:

Note the important point in the above alleging that the NC law is not only discriminatory, it is also purposely so. That argument will be key to the DoJ's case that the new law is in violation of Section 2 of the Voting Rights Act, as well as its argument that the state should be "bailed in" to require preclearance, as per Section 3(c) of the Act...

From AP this week...

Wow. 15,000 legal voters stopped from voting. Kansas must have a terrible problem with non-citizens voting! After all, that's all the state's Republican Sec. of State Kobach (who also wrote Arizona's "Papers Please" law) ran on in 2010: stopping "voter fraud"! In fact, his own personal website warns even today: "In Kansas, the illegal registration of alien voters has become pervasive."

"Pervasive"? Really? So, how many cases of non-citizens voting has he turned up in the two and half years since being elected as Secretary of State?...

Note 1: Pardon the herky-jerky Skype web cam video.

Note 2: The BRAD BLOG article about Eric Holder that I believe my friend Mike Papantonio cited during our conversation, was actually written by our legal analyst Ernest Canning. But, of course, I'm proud to stand behind it 100%! Just wanted to give credit where due.

Note 2a: There are several different issues currently in court between TX and the DoJ, and they get a bit conflated during my conversation with Pap. One issue is the filing by the DoJ asking the court to order that the state of Texas be added, or "bailed in", to the list of jurisdictions requiring federal preclearance for all new voting-related laws, given their history of purposeful discrimination with such laws. The current list of jurisdictions is now empty, since the U.S. Supreme Court killed the Voting Rights Act formula used to determine who should be on that list. The other TX/DoJ case we discuss is the DoJ's suit to block the TX GOP's disenfranchising polling place Photo ID restriction. That law, though it was found discriminatory in 2012 by both the DoJ and a federal court, was re-enacted by TX immediately after SCOTUS gutted the VRA. The DoJ, and other parties, are now suing to block it under the still-existing Section 2 of the VRA, as well as on Constitutional grounds. (We hope to have more details on the lawsuits against the TX GOP's polling place Photo ID restriction law soon. And, I'll add, our coverage should offer some pretty encouraging news for voting rights advocates who, unlike Ernest Canning, may not have dug into all the legal details and already-established facts of the case. --- UPDATE: That article is now here, and offers some very encouraging news indeed about the likelihood that the TX Photo ID law is already doomed in court!)

Note 3: Enjoy!

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What was the one, most important takeaway from today and Saturday's 50th Anniversary commemoration of MLK's "March on Washington for Jobs and Freedom"? The one issue that seemed to make it into the remarks of just about everyone who spoke?

That's what we discussed during the first part of today's KPFK/Pacifica Radio BradCast, along with sound clip highlights from some of the most notable speakers. (Hint: If you didn't hear the fiery remarks of Rep. John Lewis --- the youngest speaker at the original 1963 remarks --- on Saturday, you'll now get to hear them in full.)

In the second part of the show, we were joined by Trevor Timm of the Electronic Frontier Foundation (EFF) and the Freedom of the Press Foundation to discuss the release of the secret FISA Court's 2011 decision finding the government had misled the court multiple times, and collected the emails of tens of thousands of Americans not involved in terrorism in any way; and about the massive secrecy state we discussed in The BRAD BLOG's special investigative report this week.

Also, Desi Doyen joined us as usual with the latest Green News Report, the one with one of my favorite all-time endings! Enjoy!

Download MP3 or listen online below [appx 58 mins]...