Amidst disaster, a silver lining?

Hurricane Sandy demolished the policies of individual greed that found their most absurd application in Mitt Romney's prior proposal to privatize disaster relief. The super storm tested the inner resolve and character of a Republican governor, who was forced to choose between the doctrinaire insanity required by his dirty energy billionaire benefactors and responsible governance that, of necessity, includes coordination of critical disaster relief between federal, state and local agencies.

If there's a silver lining to be found in the death and devastation, it exists in how disaster can bring out the best in individuals operating together as a community and in the public function of government of, by and for the people...

The Center for Media and Democracy (CMD), which had previously filed an ethics complaint against 43 Wisconsin state legislators, alleging that their relationship with the American Legislative Exchange Council (ALEC) violated the Badger State’s ethics and lobbying laws, announced that they, together with Common Cause, have prevailed in a separate lawsuit filed against five Republican state legislators whom they alleged sought to conceal ALEC-related records by placing them in their personal email accounts.

In their formal settlement agreement [PDF], the five Republican legislators acknowledged that they were not relieved of their obligation under Wisconsin’s Public Records law to provide such public records, even if the records were located within their personal email account. They agreed to provide the requested records and to reimburse CMD and Common Cause for $2,519.50 in attorney’s fees and costs.

In a debate, it is not always enough for one candidate to accuse the other of making up numbers from whole cloth --- especially when the opposing candidate presents analysis from highly partisan lobbying groups as "independent" sources on par with the Congressional Budget Office or Office of Management and Budget.

Massachusetts U.S. Senate candidate Elizabeth Warren (D) missed the opportunity to highlight the non-independence of the "independent" sources Sen. Scott Brown (R) cited during their first televised debate last week (see video below). He claimed that her policies would raise $3.4 trillion in taxes "on the backs of citizens" and "cut 700,000 jobs nationwide". The numbers were proffered by Brown in response to Warren's criticism of the Republican Senator's votes against three critical jobs bills that she asserted would have been paid for by "a fractional tax on people making more than one million dollars a year."

Warren accused Brown of making up his numbers from whole cloth and drove home her central point --- that Brown is willing to hold middle class taxpayers hostage in order to prevent a restoration of the Clinton level of taxes on the top two percent of Americans.

But she missed the opportunity to call out Brown for his laughably misleading use of statistics from highly partisan lobbying organizations --- specifically the National Federation of Independent Business and the U.S. Chamber of Commerce --- as coming from "independent groups"...

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...

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

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

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

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

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

Guest blogged by Ernest A. Canning

On Friday, U.S. District Court Judge Donovan W. Frank dismissed an amended complaint seeking to end Election Day Registration in Minnesota, as filed by a number of right-wing organizations in Minnesota Voters Alliance v. Ritchie.

In his 22-page Memorandum of Opinion and Order [PDF], Judge Frank rejected the plaintiffs central claim that MN Secretary of State Mark Ritchie and other election officials "violated the rights of eligible voters by diluting their votes with the votes of EDRs [Election Day Registered voters]."

Plaintiffs claims, the court stated, were "based on the erroneous premise that election officials must verify voters' eligibility before their votes are counted." Citing appellate authority, the court noted that "flawless elections are not constitutionally guaranteed" and that the plaintiffs had failed to allege facts that would establish that state election officials "engaged in invidious discrimination or intentional misconduct."

Judge Frank also ruled that the plaintiffs had admittedly failed to exhaust state remedies which would have permitted them to challenge an individual's eligibility to vote.

While Election Day Registration in MN is preserved, for now, it remains at risk thanks to a second prong attack on the state's popular, and inclusive, program ...

Guest blogged by Ernest A. Canning

Last April, in an article which covered an ethics complaint filed by the Center for Media and Democracy against 43 Republican state legislators, The BRAD BLOG went to great lengths to explain how the "legislative task force" system employed by the American Legislative Exchange Council (ALEC) was not merely subverting but supplanting our representative form of democracy. It was an article that would later be reprinted by The American Trial Lawyer magazine.

But, leave it to a Pulitzer-prize winning cartoonist, like Mark Fiore, to provide a more succinct explanation of the same phenomenon in this relatively short but powerful animated toon...

Guest Editorial by Ernest A. Canning

The ACLU attorneys representing the petitioners in League of Women Voters of Minnesota v. Ritchie [PDF] (Ritchie), which is scheduled to be heard by the MN Supreme Court on July 17, 2012, have set forth powerful arguments why the Court should remove a polling place photo ID initiative from the November 2012 ballot.

The MN Constitution mandates that a ballot question must truthfully inform voters of what it is they are voting on. The ACLU, following the same format it applied when it successfully prevented a similar photo ID initiative from being placed on the November 2012 ballot in MO, sets forth specific examples of how the ballot question, as enacted by MN's GOP-controlled state legislature, falls well short of that standard.

The ACLU argument may well succeed before the MN Supreme Court. However, as reflected by polls suggesting nearly 80% of Minnesotans support the adoption of photo ID restrictions, there is a very real prospect that the ACLU's legal objections will neither be heard nor understood in the utterly deceived court of public opinion...

Guest blogged by Ernest A. Canning

The state of Florida and it's Secretary of State Ken Detzner (R) are knowingly violating Section 5 of the Voting Rights Act in their attempted purge of "potential non-citizens" from the Sunshine State voting rolls, according to a new federal lawsuit [PDF] filed by the ACLU and the Lawyers' Committee for Civil Rights Under Law.

The complaint follows on the heels of a May 31, 2012 two-page letter submitted to FL election officials by T. Christian Herren, the chief lawyer of the U.S. Justice Department's Voting Rights Division. In his letter, Herren opined that the state's voter roll purge is in violation of Section 5 --- at least in the 6 Florida counties "covered" by that section --- because the state has not sought preclearance from either the DOJ or a federal court, as required by that section of the 40-year old federal law.

Additionally, the DOJ notes in its letter, the purge, coming as it does within the 90 days before Florida's federal primary election, is also in violation of the National Voter Registration Act (NVRA) which covers the entire state.

In response, FL State Department spokesman Chris Cates initially said they would continue the purge nonetheless, as they were "firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot." In his official response to the DOJ a few days later, Detzner all but challenged the feds to bring a suit in order to stop the state from continuing their efforts.

Of the original 180,000 names identified by the state as potential non-citizens, out of some 11.3 million registered voters in the state of Florida, 2,700 were sent to county election officials with instructions to notify those voters that they had just 30 days to prove their citizenship or be removed from the rolls. As reported by the Christian Science Monitor, "Before heeding DOJ’s order to stop the purge" county election officials had identified just four noncitizens who "may have voted in past elections, making them potentially guilty of voter fraud," while clearing hundreds of voters who had, in fact, been legally registered voters. Hundreds of others may have been removed from the rolls, despite being legally registered citizen voters.

As The BRAD BLOG previously reported, Herren had 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. Such an order would have to come by way of an injunction issued by a U.S. District Court. The ACLU lawsuit now seeks that injunction even though, according to the Miami Herald, county elections supervisors across the state, led by Leon County's Ion Sancho, are now refusing to carry out a purge which Sancho describes as "illegal."

The ACLU lawsuit alleges facts that suggest the FL GOP is relying upon a FL Department of Highway Safety and Motor Vehicles (DMV) database that it knows cannot provide an accurate basis for establishing non-citizenship until 2017.

Unfortunately, this year's purge in Florida continues a tradition that has been affecting legal voters in Florida --- and, along with them, the rest of the nation --- cycle after cycle since at least the 2000 election...

Guest blogged by Ernest A. Canning

Good news for democracy. Bad news for the GOP deceivers and the billionaire sociopaths, like the Koch brothers, who fund them. Missouri's courts have shown that their state's nickname, "The Show-Me State," is apropos.

In Weinschenk v. State (2006), the MO Supreme Court struck down a GOP-enacted polling place photo ID law because it violated the Equal Protection clause of the MO Constitution which treats voting as a "fundamental right." It recognized a compelling governmental interest in preventing voter fraud, but observed that "the Photo-ID Requirement is intended to prevent only impersonation of a registered voter and will not affect absentee ballot or registration fraud."

As the GOP could not muster evidence of in-person impersonation, they failed to establish that their 2006 Photo ID law was narrowly tailored to achieve a compelling governmental interest. The Court, in Weinschenk, based on the facts presented, also determined that the 2006 GOP Photo ID law operated as an unconstitutional poll tax, thereby violating the 24th Amendment to the U.S. Constitution.

But since when have Republicans hell-bent on undermining our system of electoral democracy let a few negative court rulings or fundamental Constitutional rights stand in their way?...

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IN TODAY'S RADIO REPORT: The deepest well ever dug; Cyber-attacks on the US natgas pipeline industry; Romney makes big promises to Big Oil; RFK Jr. fights Big Coal in Portland; Schizo Fox 'News' now says lower gas prices are a bad thing; PLUS: It's official: the last 12 months were the hottest on record in the US .... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Oil spill in Antarctica; VT poised to be first state to outlaw fracking; CBO: Boosting Oil Production Won’t Protect From Gasoline Price Shocks; Clean-Energy Requirements Targeted by ALEC, Norquist; Innovation: Inertial Seawave Energy Generator; Asian carp electric barrier loses power; Makers of flame retardants manipulate research findings; Anti-Wind Group Colludes on Fake Grassroots 'Subversion' Campaign ... PLUS: Flipping the Switch: First Solar Plant on Public Lands Now Delivering Power... and much, MUCH more! ...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Just a flesh wound? UK smacked by extreme weather whiplash; Sec. Chu talks sexy, sexy energy efficiency; 'Agent Orange Corn'? Dow Chemical says 'Yes, please!'; PLUS: Slow-jamming the news? How about slow-walking climate change? .... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): ExxonMobil profits: $109M a day on America's pocketbook; Wind Tax Credit Stalls in Congress despite bipartisan support; U.S. mad cow find: lucky break or triumph of science?; Cheap, stable, printable liquid solar cells developed; Warm Spring May Mean Drought, Wildfires in West; Warm Ocean Currents Eroding Antarctic Ice Shelves; Coal's Future Is Rocky at Best; On Chernobyl's anniversary, Ukraine warns against nuclear power... PLUS: Donald Trump on 'Monstrous Wind' ... and much, MUCH more! ...

On my KPFK/Pacifica show Wednesday, I devoted the first part of the show to the question of "What's the problem with ALEC?" My argument was, essentially, that what the American Legislative Exchange Council or ALEC does via its so-called "nonpartisan public-private partnership of America's state legislators, members of the private sector, the federal government, and general public" may be abhorrent, but, by and large, it is nonetheless perfectly allowable under our current, horrendous, system of corporate lobbying and campaign finance laws.

I posited that while their system of secretly crafting corporate-sponsored "model legislation" --- such as disenfranchising polling place Photo ID restriction laws and so-called "Stand Your Ground" laws, better described as "Shoot to Kill" laws, which are then introduced by member state legislators (almost all of whom are Republican, not "bi-partisan", as ALEC would have you believe) --- runs counter to the values of progressives, the real problem with ALEC is that they have opportunistically taken advantage of either loopholes or pro-corporate/anti-citizen statutes in state and federal law.

The BRAD BLOG's legal analyst Ernest Canning joined me for the discussion on Wednesday and generally seems to disagree with my overall assessment, noting, among other things that it's not quite so clear that ALEC isn't violating the law. He also points to, among other things, his recent report detailing a complaint that has been filed by the Center for Media & Democracy against 43 Republican legislators in Wisconsin, members of ALEC all, who, the complaint alleges, are operating in violation of state disclosure and open meeting laws vis a vis their dealings with ALEC.

But that, I argued, is the ethical and/or legal failure of the state legislators, not specifically of ALEC.

Today, Suzanne Merkelson at United Republic, an actual non-partisan organization, dedicated to highlighting the corruption of public officials via "special interests and big money lobbyists", offers a bit of ammunition which buttresses Canning's argument...

Today, The BRAD BLOG's legal analyst Ernie Canning joined me on KPFK/Pacifica Radio's The BradCast to respond to my question: "What's the problem with ALEC?"

As I note in the opening, American Legislative Exchange Council (ALEC), was co-founded in 1973 by Paul Weyrich (seen in the photo at right, and heard advocating in favor of vote suppression during the show). The group is a self-described "nonpartisan public-private partnership of America's state legislators, members of the private sector, the federal government, and general public" and has been vilified by progressives for the abhorrent policies they advocate (eg. polling place Photo ID restrictions, "Stand Your Ground" laws, etc.)

But other than partisan and/or political differences, isn't what ALEC does perfectly legal? Wouldn't the same type of an organization that advocated for progressive legislation in the same aggressive manor be welcomed by folks on the non-right? And if there is a problem with ALEC, isn't it one that underscores the systemic problems of our corporate lobbying and campaign finance laws, rather than a problem with ALEC themselves? In other words, aren't they only doing what our horrible system allows them to do?

Canning, as you may imagine, has some thoughts on all of that, as do several of our callers --- all of which you can hear in today's episode below. Oh, and though ALEC has yet to respond to our invitation to appear today, we'd still be delighted for them to do so if they'd like to have equal time on a future show.

We also touched briefly on the breaking news of 2nd degree murder charge filed against Trayvon Martin's killer George Zimmerman in Florida as the show got underway late today (after he had initially been allowed off the hook, thanks to his claim of being protected under ALEC's horrible "Stand Your Ground" law), and Desi Doyen joins us as usual for the latest Green News Report and a bit more...

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

P.S. Reminder: We don't post all of The BradCasts here, but you can subscribe to the RSS feed to get all of our weekly shows as soon as they're archived, or you can visit the KPFK archives page for the show anytime.

[Now UPDATED with audio archives below. Enjoy!]

We're back tonight guest-hosting the nationally-syndicated Mike Malloy Show tonight and it's gonna be a busy one!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• JOHN WASHBURN of Fair Elections Wisconsin on the breaking news about Waukesha County, WI's Kathy Nickolaus, the upcoming state recall elections of Gov. Scott Walker and friends, and what you all need to know and do in order to make sure we can all have confidence in the reported results!
• PAMELA SMITH, President of Verified Voting Foundation and DAN MCCREA, President of the Florida Voters Foundation on the March 13th election disaster that struck Palm Beach County, FL as Dominion/Sequoia optical-scanners declared several losing candidates as the "winners", requiring a court to approve a hand-count last weekend to determine the real winners of the elections. And on why the hell we just don't start, finally hand-counting ballots in the first place, as per "Democracy's Gold Standard".
• GABRIEL REY-GOODLATTE of ColorofChange.org on their Anti-ALEC campaign calling on corporations to stop their funding of the American Legislative Exchange Counsel (ALEC) due to their voter-suppression advocacy and much more.
• MARGOT PAEZ of KPFK's Evening News on the fall out from students who were pepper sprayed at Santa Monica College this week while trying to express their opinions to the Board of Trustees on a 400% tuition hike.
• PLUS! Much much more than we don't have time to detail here, your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: All three "hours", busy ones, commercial-free, now follow below. My Easter/Passover gift to you. Enjoy! (And no, Elijah never showed up, even though we kept an open mic for him all night. Slacker.)...