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PLUS: Florida 'an exact tie'...
By Brad Friedman on 7/1/2012 2:09pm PT  

* * *

In completely related news...Yesterday, the NYTimes' statistical wunderkind Nate Silver of FiveThirtyEight tweeted: "Our model currently projects ... an exact tie in Florida. #SignsOfMayanApocalypse".

Little wonder then that Florida's Republican Gov. Rick Scott and Sec. of State Ken Detzner are more than happy to blatantly mislead the public, the media and the federal court system, as The BRAD BLOG detailed exclusively last week, about their attempted purge of suspected "non-citizens" from the voting rolls.

And it's similarly no surprise that, as University of Florida political scientist and founder of ElectionSmith, Dr. Daniel A. Smith detailed on Friday, the "Failed Florida Secretary of State's Voter Purge" has, to date, earned a 98.4% failure rate in its initial list of 2,625 voters identified as "potential non-citizens."

That, of course, is if you take the Sec. of State's word for it that the 41 registered voters they claim to have confirmed as "non-citizens" actually are. (How many of them even knew they were registered or actually ever voted is another question.) To date, the state has provided no actual evidence to verify those 41 non-citizens voters they say they've identified. And given both Scott and Detzner's documented track record of blatant dishonesty, we see no reason to give either of them the benefit of the doubt.

* * *
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By Brad Friedman on 6/27/2012 10:29pm PT  

Rep. Ted Deutch (D-FL-19) joined me live on today's BradCast on KPFK/Pacifica Radio to discuss two things:

1) Our exclusive from earlier this week on FL Gov. Rick Scott's voter purge/DHS database deception (an issue which Deutch has been raising hell about for several weeks) and 2) His OCCUPIED Amendment to get corporate money the hell out of our electoral system, particularly in the wake of the U.S. Supreme Court overturning Montana's 100-year old anti-corruption law on Monday.

I was delighted to hear the Congressman was nearly as furious about both as I was. He also confirmed that nobody has been able to verify the "100 or so" alleged "non-citizens" that Scott says have been found on the rolls (out of 182,000 identified in the initial purge list and out of 11.2 million voters), and also that there are still three FL counties --- Lee, Collier and Bay --- where the Supervisors of Elections may still be carrying out the faulty and disenfranchising systematic purge.

My rant explaining Scott's scam kicks off the show, before Deutch then joins us. Then, Desi Doyen joins us with the latest Green News Report and we take a couple of quick amusing calls.

Oh, and though I mentioned it at the top of the show, I forgot to reiterate it again at the end of the show, so I'll do so now: FL Gov. Rick Scott, FL Secretary of State Ken Detzner and/or their spokesmen were invited to appear on the show to offer their response to our Monday exposé. They declined to even respond to the invitation.

Download MP3 or listen online below...

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By Brad Friedman on 6/25/2012 11:38am PT  

-Special Report by Brad Friedman and Ernest A. Canning, The BRAD BLOG

Florida Gov. Rick Scott (R), his recently appointed Secretary of State Ken Detzner (R), and their surrogates are attempting to deceive the media, the public, and possibly even the federal court system about their state's effort to use a federal immigration database as part of a state program that could result in the purge up to 182,000 registered voters who, the state says, are "potential non-citizens".

A review of public documents and internal emails obtained by The BRAD BLOG on the heels of a federal lawsuit filed against the state last week by the U.S. Department of Justice (DoJ) --- charging that Florida's attempted purge of voter rolls violates federal law --- reveals that claims being repeatedly made by the Florida officials about both the U.S. Department of Homeland Security (DHS) and DoJ are disingenuous at best.

Admissions made to DHS officials on at least two occasions, by a high-ranking attorney at the FL Dept. of State (FDOS), undermine the public assertions of both Scott and Detzner, who each claim that the federal government is purposely withholding access to a federal immigration database so that it cannot be used for scrubbing illegal voters off the state rolls.

The false allegation that the DHS has "refused" to provide access to the database, so as to prevent the state from lawfully removing illegally registered non-citizen voters, was also repeated in Florida's own federal complaint, which it recently filed against DHS.

In offering this deceptive claim, Scott and Detzner are knowingly inflaming an unsubstantiated conspiratorial scheme that the Obama Administration is working to keep illegal voters on the rolls in order to enhance the President's 2012 election prospects.

The first-hand evidence reviewed by The BRAD BLOG, obtained via public records requests under Florida's Sunshine Act, reveals that both Scott and Detzner are advancing the "refused access" canard --- echoed by both the Rightwing and non-Rightwing media --- in order to confuse the public and obscure the reality that the state's controversial purge could potentially disenfranchise thousands of perfectly legal citizen voters...

--- Click here for REST OF STORY!... ---

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DOJ responds to FL claim that feds illegally withholding DHS immigrant database
By Ernest A. Canning on 6/18/2012 12:52pm PT  

Guest blogged by Ernest A. Canning

Last week, after notifying the state of Florida of its intention to do so, the U.S. Department of Justice (DOJ) filed a lawsuit [PDF], seeking to halt what Asst. U.S. Attorney General Thomas E. Perez described in his June 11, 2012 letter [PDF] to FL Sec. of State Ken Detzner (R), as "a new program for systematic voter removal, which may ultimately target more than 180,000 registered voters."

A longtime respected election official in the state went further, describing the attempted scrubbing of the rolls to be "un-American".

The lawsuit alleges that the ongoing, systematic voter removal program violates the provisions of the National Vote Registration Act of 1993 (NVRA), which "expressly forbids such removal programs during the 90-day period before an election for Federal office."

The complaint seeks not only an immediate federal court injunction to stop the purge, but an order directing FL officials "to take all steps necessary to ensure that no registered voter identified as potentially ineligible based on the [faulty FL Department of Highway Safety & Motor Vehicles] database and voter verification procedures...is removed from the voter rolls within 90 days of a primary or general election for Federal office."

The injunction may prove to be necessary only in three of the Sunshine State's 67 counties --- Lee, Collier and Bay --- where election officials have signaled they intend to continue the allegedly unlawful voter roll purge, even after the actions taken by the DOJ.

When interviewed last week by Brad Friedman on the nationally-syndicated Mike Malloy Show, Leon County (Tallahassee), FL's legendary Supervisor of Elections Ion Sancho --- the man placed in charge of the aborted 2000 Florida Presidential recount --- explained the reasons why most of the Supervisors of Elections (both Democratic and Republican) in each of the state's 67 counties have now refused to carry out the state-ordered purge. He described the ongoing effort by the Governor and Sec. of State as "shameful."

The DOJ's 6/11/12 letter also responded to, and seemed to debunk, the claim made by FL that it had been denied access to a U.S. Department of Homeland Security (DHS) immigration database. The state, in its own lawsuit filed against the DHS last week, has cited lack of access to that database as their reason for using the less reliable state Dept. of Highway Safety and Motor Vehicles (DHSMV) database for the basis of its voter purge.

The purge, to date, has identifies hundreds of perfectly legal citizen voters for removal from the rolls.

The state of FL, in its response to the DOJ, appears not to be offering the full facts about their attempt to use the DHS database and, as it turns out, Republican Gov. Rick Scott should, by now, be very well acquainted with the perils of voter purges based on inaccurate information...as an apparent victim of one such purge himself...

--- Click here for REST OF STORY!... ---

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TONIGHT: FL's illegal voter roll purge; CO's exempts ballots(!) from public records requests; MUCH MORE!...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 6/12/2012 4:13pm PT  

[Now UPDATED with audio archives below!]

Mike's off this week, so we're back as guest host for the nationally-syndicated Mike Malloy Show ever night this week, over your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127!

As usual, we'll be BradCasting, 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:

  • ION SANCHO, Leon County, FL's legendary Supervisor of Elections (the one who was placed in charge of the 2000 Presidential "Recount") on Gov. Rick Scott's latest attempted voter purge, the DoJ challenge against it, new election and registration rules in the Sunshine State and much more that you need to know about in the key swing state before this year's Presidential Election!
  • JOHN TOMASIC, journalist for The Colorado Independent on the state's new law which, incredibly, exempts ballots from public records requests, so they are no longer accessible for citizen oversight!
  • PLUS! The latest news on a possible recount in the WI recalls, Desi Doyen with the Green News Report and much much more as usual! Along with 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: Today's show includes one seriously righteous rant. I thnk i dang near busted a vessel. But, as you'll see if you listen to the commercial-free archives below, I had little choice. You'll probably enjoy it. (Sickos!) Listen to the entire show now below...and I'll see ya here same Brad Time, same Brad Station tomorrow night!...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 6/12/2012 3:42pm PT  

Yesterday morning, we detailed the ACLU's lawsuit against the state of Florida for their attempted, illegal purge of as many as 180,000 "potential non-citizens" from the voter rolls, despite the fact that, to date, almost all of the targeted voters have been shown to be both legal citizens and legal voters. (In his coverage, Ernest Canning also offered a nice summarized round-up of Florida's twelve-year recent history of pulling this crap by illegally removing legal voters from the voting rolls in election after election.)

Later yesterday, Florida filed suit against the Dept. of Homeland Security (DHS), arguing that the feds are refusing to turn over their database, so that the attempted voter purge might more accurately target actual non-citizens. The state claims they've been trying to gain access to that federal database for months --- since it is supposedly more accurate than the state's drivers license database (which legally includes non-citizens, but fails to note many them have become naturalized citizens since getting their drivers license.) The suit argues that the feds have disallowed them from doing so, for some reason.

Now, the real story becomes a bit easier to understand, thanks to a 5-page letter [PDF] released later in the day yesterday from the Dept. of Justice to the State of Florida in response to their previous refusal to halt the illegal voter roll purge.

The new letter explains why FL is currently being denied access to the federal DHS database; details how FL is blatantly violating several federal laws with their attempted purge; requests the state "immediately cease this unlawful conduct"; and, just in case they don't, notifies them that the DoJ has now "authorized the initiation of an enforcement action against Florida in Federal court."

In other words, the DoJ is going to court to sue the state of Florida to stop the illegal purge.

* * *

I'd go into more details on the above, but I'm scrambling to prepare for tonight's nationally-syndicated Mike Malloy Show (which I'm guest hosting all week). So hopefully the above will give you the skinny on this maddening attempt at voter suppression by the GOP in the Sunshine State for the moment.

We'll be speaking more about this on the show tonight, with my guest, the legendary Leon County, FL Supervisor of Election Ion Sancho --- the man who was put in charge of the 2000 Presidential Recount (which never happened) in Florida! He's got quite a few thoughts on all of the above. Don't miss it! You'll be able to the show streaming links here at The BRAD BLOG later tonight, if you're not lucky enough to get the Malloy Show on either SiriusXM ch. 127 or an air station near you..

* * *

UPDATE 6/13/12: My interview with Ion Sancho about all of the above, and much more, is now posted here...

* * *
Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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By Ernest A. Canning on 6/3/2012 12:28pm PT  

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...

--- Click here for REST OF STORY!... ---

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PLUS: Maddow covers recent GOP voter suppression and fraud...
By Brad Friedman on 5/31/2012 2:40pm PT  

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)...

--- Click here for REST OF STORY!... ---

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