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Latest Featured Reports | Friday, April 19, 2024
Bad Climate News for Home, Car Owners; Good Labor News for Workers in the South: 'BradCast' 4/18/24
Also: Jury seated in NY; NV okays abortion initiative; OH Repubs block Biden from ballot...
'Green News Report' 4/18/24
  w/ Brad & Desi
Deluge in Dubai; Climate impacts to cost trillions per year; New lightbulb efficiency standards; PLUS: Biden Admin cracks down on toxic silica dust to protect workers' lungs...
Previous GNRs: 4/16/24 - 4/11/24 - Archives...
SCOTUS Suddenly Worried About Overcriminalization ... for J6 Insurrectionists: 'BradCast' 4/17/24
Guest: LawDork's Chris Geidner; Also: GOP impeachment ends; Turnout doubles in AL...
'Trump Media' Plummeting, MAGA Buyers Losing Life Savings: 'BradCast' 4/16/24
Also: Trump's ridiculous 'immunity'; 7 jurors seated in NY criminal trial; Repubs deliver impeachment to Senate; Smartmatic, OAN settle 2020 defamation suit...
'Green News Report' 4/16/24
  w/ Brad & Desi
Record ocean heat bleaching corals worldwide; EV charging roads in Indiana; Biden raising drilling, mining royalties for first time in a century; PLUS: A marine mystery in Florida...
Previous GNRs: 4/11/24 - 4/9/24 - Archives...
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
Special coverage of an historic day with Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos...
Sunday 'Party Like It's 1864' Toons
THIS WEEK: Bad politics, good toonery and at least one wake-up call, in our latest collection of the week's best toons!...
Biden Closes 'Gun Show Loophole'; Repubs Turn Desperate: 'BradCast' 4/11/24
RNC Chair says Ukraine our enemy; GA Lt. Guv faces probe; Fox hides AZ abortion ruling, Hannity blames Dems; WI Justice to retire...
'Green News Report' 4/11/24
  w/ Brad & Desi
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
Previous GNRs: 4/9/24 - 4/4/24 - Archives...
'Pink Slime': Fake 'Local News' Sites Proliferating in Advance of Election: 'BradCast' 4/10/24
Guest: Alex Mahadevan; Also: Trump CFO back to jail; GOP chaos, panic after AZ's 1864 abortion ban restored...
Dirty Tricks and the Dirtiest Candidate Of All Time: 'BradCast' 4/9/24
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
'Green News Report' 4/9/24
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
'Titanic Law' Reform Just Tip of Iceberg in Quest for Key Bridge Accountability: 'BradCast' 4/8/24
Guest: Helen Santoro; Also: Media echo Trump abortion lies; Biden's new debt relief for 30M...
Sunday 'Dark Days Indeed' Toons
FEATURING: The Eclipse! Disinformation! 'Victimless' Crimes! And much more in our latest collection of the week's darkest toons...
Trump's Very Bad Day in Court(s), Other Good (& Less Good) News: 'BradCast' 4/4
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
'Green News Report' 4/4/24
Hunger crisis amid drought in Africa; Biden invests billions to decarbonize manufacturing; Melting ice is bending time; America's first commercial-scale offshore wind farm...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Some, but not all, attempted GOP cutbacks to Early Voting nixed...
By Brad Friedman on 4/17/2015 12:35pm PT  

A deal announced today by Ohio's Secretary of State may help avoid some of the legal nightmares that plagued the Buckeye State's 2014 elections. While the legal settlement [PDF] restores some of the early voting access Republicans have been attempted, for years, to impose, it also leaves other rollbacks to voting reforms passed after the state's 2004 Presidential nightmare in place.

MSNBC's Zach Roth explains the agreement between Ohio's Republican Sec. of State and the ACLU, which had sued on behalf of the Ohio NAACP and League of Women Voters last year to block new GOP cuts to polling place access:

The deal, announced Friday morning between Secretary of State Jon Husted, a Republican, and the ACLU, undoes some but not all of the damage to voting access caused by last year's cuts. It restores one day of Sunday voting and adds weekday evening hours, but lets stand the elimination of a week when Ohioans had been able to register and vote all in one day.

Both sides hailed the new agreement --- hopefully ending a years-long, roller-coaster legal battle --- as a victory for voters, though Roth added on Twitter that the deal, overall, seemed to be more of a victory for the GOP than for voting rights advocates. Elections expert Daniel Smith is a bit more optimistic about it today, noting that it's "a much bigger deal to have extended hours" and Sunday "Souls to the Polls" voting restored, even as the ACLU, for its part, concedes the settlement is "far from perfect"...

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

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The abcde's of how NOT to hardcode passwords for 'secure' elections...
By Brad Friedman on 4/17/2015 6:05am PT  

Virginia has decided to learn what much of the country already knows. The 100% unverifiable touch-screen voting systems they have long been using in their public elections are also 100% hackable.

After ignoring the warnings and using them anyway for more than a decade --- and three Presidential elections --- a recent incident on Election Day in 2014 led the Commonwealth to finally do what they should have and could have done long ago: test the machines to find out how vulnerable they actually are.

Well, they finally did so and --- boy howdy! --- did they discover what the rest of us have been warning about for years.

There is a reason, after all, that Virginia was the last state in the union to continue using the WINVote system made by the ironically named Advanced Voting Solutions (AVS). And there is a reason why, after finally bothering to test them, Virginia has now immediately decertified one-fifth of the voting systems used across the state, even though it will leave some jurisdictions scrambling for new ways to hold their primary elections scheduled for early June.

We've been noting problems with the WINVote system almost as long as The BRAD BLOG has been in existence. One example is our short report from 2007, when we discussed problems with the AVS systems before the company eventually went out of business entirely and after the WINVote system had been decertified by Pennsylvania when the company refused to pay the federal testing lab examining a newer version of the system for federal certification. Before those tests were discontinued at the time, we reported, the lab had "found 1,946 source code anomalies, 25 serious documentation problems, and an unauthorized change of motherboards."

As we wrote in 2007, "Elections officials want to ignore those problems." The elections officials in Virginia were precisely among those we were talking about.

But, no more. Once VA officials finally decided to do their own long-overdue security analysis of the systems, "Security deficiencies were identified in multiple areas, including physical controls, network access, operating system controls, data protection, and the voting tally process," according to the 6-page report [PDF] released by the Virginia Information Technologies Agency (VITA) this week.

"The combination of critical vulnerabilities in these areas, along with the ability to remotely modify votes discretely, is considered to present a significant risk. This heightened level of risk has led VITA security staff to conclude that [a] malicious third party could be able to alter votes on these devices," they wrote, adding tersely: "These machines should not remain in service."

The details of the Commonwealth's findings (now that they've looked for them) are so mind-blowingly startling that some Virginia localities who are losing their voting systems are now perfectly happy with the idea that they may have to --- gasp! --- hand count paper ballots in their upcoming elections...

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

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Advocacy groups argue court should restore 'advisory measure' for a new Constitutional amendment to 2016 ballot...
By Ernest A. Canning on 3/13/2015 7:05am PT  

Last year, the California State Supreme Court improperly nixed a ballot initiative meant to encourage state Legislators to support an amendment to overturn the U.S. Supreme Court's infamous Citizens United decision, according to a court brief recently filed by several state advocacy groups.

In the summer of 2014, the California state Legislature enacted SB 1272, a ballot initiative (Prop 49), asking California voters to advise whether the state's elected representatives should pursue passage of an Amendment to the U.S. Constitution that would overturn Citizens United. The advisory measure, had it been allowed on the general election ballot last year, had sought to establish that corporations are not people and that the rights enshrined in our nation's founding documents apply only to living, breathing human beings.

The effort to permit voters to weigh-in on the subject was cut short when the CA Supreme Court promptly ordered then Secretary of State Debra Bowen to remove Prop 49 from the November ballot pending full briefing and argument with respect to a legal challenge filed by the Howard Jarvis Taxpayers Association ("HJTA") --- an anti-tax organization founded by Republican Howard Jarvis.

As described on the Court's docket sheet, the state Supremes removed Prop 49 from last year's ballot based on a 1984 CA Supreme Court decision, American Federation of Labor v. Eu ("Eu"), which established "that substantial harm can occur if an invalid measure is permitted to remain on the ballot."

In Eu, the CA Supremes struck down a ballot initiative that sought "to compel California's elected representatives, on penalty of loss of salary, to apply to Congress to convene a constitutional convention for the…purpose of proposing an amendment to the United States Constitution requiring a balanced federal budget." (Emphasis added).

But, according to the amicus curiae ("friend of the court") brief, recently filed by Free Speech for People (FSP) and other advocacy groups, the Court's earlier decision in Eu does not support last year's decision to remove the Overturn Citizens United initiative from the 2014 ballot. The brief explains that the state Legislature does, indeed, have the constitutional authority to seek advisory instructions from the Golden State's electorate via the ballot.

FSP not only defends the legality of the Prop 49 initiative, as measured against both the U.S. and California Constitutions, but presents both historical and legal arguments that, if successful, could define the very essence of our (small "r") republican form of government (aka, representative democracy) --- a form of government that is guaranteed in every state by Article 4, Section 4 of the U.S. Constitution...

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

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Court's decision on whether to hear a challenge to the Wisconsin GOP's 'unconstitutional' voting restriction is a moment of truth for democracy...
By Ernest A. Canning on 3/6/2015 2:03pm PT  

As we find ourselves smack dab on the 50th anniversary of the Bloody Sunday march for voting rights in Selma, Alabama, there are some key decisions from the U.S. Supreme Court, coming very soon, which may well determine whether millions of otherwise lawfully registered and disproportionately Democratic-leaning African-American and Hispanic voters will be prevented from voting in the 2016 elections.

The decision that emerges from the Supreme Court's March 20, 2015 Conference in the Wisconsin polling place photo ID case, Frank v. Walker, could well be dispositive in that regard. It also may be the last chance to avoid the legal chaos that plagued the 2014 elections, during which similar voting restrictions, in state-after-state, were implemented, struck down, restored, or, with respect to Wisconsin, blocked again. Where, last year, the Court's eleventh hour decisions preserved the right to vote in Wisconsin, that same Supreme Court, on the eve of the 2014 mid-term, eliminated the right to vote for hundreds of thousands of predominantly African-American and Hispanic voters in Texas and North Carolina. The failure of the Supreme Court to take up the issue now could produce an even darker cloud of doubt over the integrity and legitimacy of the 2016 Presidential Election.

The immediate issue now before the Court is not whether SCOTUS agrees with a U.S. District Court judge and half the judges on the 7th Circuit Court of Appeal that WI's law (aka Act 23) is both unconstitutional and violative of Section 2 of the Voting Rights Act. As those judge found, Act 23, if implemented in the Badger State, could disenfranchise more than 300,000 lawfully registered Wisconsin voters.

Rather, the immediate issue at the March 20 Conference is whether the Supremes will grant an ACLU petition for a writ of certiorari (aka "cert petition") and schedule oral arguments on the Constitutionality of the Republican-enacted law. Or whether, as urged by the attorneys representing WI's Republican Governor Scott Walker, the Court will defer its decision until similar legal challenges to strict photo ID laws in other states, such as North Carolina and Texas, wind their way through the trial and appellate courts.

In other words, do they hear the Wisconsin case now, as urged by the ACLU and other voting rights advocates? Or do they wait to combine the matter with several other challenges to substantively identical voting restrictions implemented by Republicans in other states, as urged by one of the men who stands to benefit from delaying such a decision as long as possible?

That decision whether to hear the case now, rather than later, may well have a huge impact on who will serve as the next President of the United States...

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New Harvard, Univ. of Sydney survey finds elections in U.S. rank just below Mexico, just above Barbados...
By Brad Friedman on 2/25/2015 6:35am PT  

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

Electoral integrity has not improved in the U.S. over the past year, according to a new study. In fact, elections in Mexico now have more integrity than ours, the new survey, based on the observations of some 1,400 international election experts, finds.

Last year we reported: "A report [PDF] by researchers at Harvard and the University of Sydney finds the U.S. ranks just 26th on a global index of election integrity. That finding places the U.S. in the category of nations with 'Moderate' election integrity, ranking the country one notch above Mexico and one notch below Micronesia, according to the findings tracking elections in 66 countries."

Well, bad news --- of a sort. This year's new Electoral Integrity Project report [PDF] is now out. It takes into account the 2014 mid-term elections in the U.S. and more elections in a number of additional countries. It appears the U.S. has fallen a few pegs from it's 26th place ranking in last year's report [emphasis in the original]...

[C]ontests in the United States scored the worst performance among any long-established democracy. Hence the 2012 Presidential elections was ranked 42nd worldwide, while the 2014 mid-term Congressional races was ranked 45th, similar to Colombia and Bulgaria. One reason is that experts expressed growing concern over US electoral laws and processes of voter registration, both areas of heated partisan debate.

To make matters worse, the survey fails to examine the effects of vote-casting and counting technology on the integrity of elections. But, while the new report highlights what appears to be a huge drop in U.S. election integrity since last year's study, with our most recent national elections now ranked just worse than Mexico's and slightly better than those in Barbados, it's not all as bad as the plummeting ranking would seem to suggest...

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GUEST: Attorney John S. Moot | AND: Much more...
By Brad Friedman on 1/28/2015 6:45pm PT  

If you were looking for a fresh reminder as to why Vote-by-Mail is a terrible idea, why provisional ballots are not the same as actually casting a vote, and why there needs to be more accountability for and oversight of election officials, today's BradCast on KPFK/Pacifica Radio should fit the bill.

In short, we cover the election contest now pending in the race for City Council (Seat 1) in the San Diego County city of Chula Vista, CA. The certified results from the November 2014 election show a 2-vote margin between the John McCann (R) and Steve Padilla (D) in a race with some 37,000 ballots cast. McCann has been certified as the "winner".

Trouble is, according to the lawsuit [PDF], at least 15 mail-in and provisional ballots were rejected, even though the signatures on them matched the signatures from the voters' registrations on file. That, argues attorney John S. Moot (my guest this week, and a former Chula Vista City Council Member himself), is in violation of the law.

The other trouble is, those ballots were rejected by San Diego County Registrar Michael Vu, who was the infamous Election Director of Cuyahoga County, Ohio's most populist (and most Democratic) county during the 2004 Presidential election, when two of his immediate subordinates were indicted and found guilty of rigging the Presidential "recount" in Cuyahoga. Yes, if you didn't know or don't remember, there was a partial "recount" of that election, across the entire Buckeye State, as requested by the Green and Libertarian Parties. And, yes, it was found to have been rigged in a court of law.

Vu, who was protected at the time by the Republicans who ran the Cuyahoga Election Board, was never charged and was happily hired not long thereafter by San Diego County, where elections have been little more than a joke for many years, even before Vu got there.

For the full story on this, listen to this week's show and Moot's commentary on the suit he's filed on behalf of his client, a long-time poll worker and voter from Chula Vista.

ALSO on this week's program: Accountability, finally, for an election official elsewhere (in St. Louis County, MO), and the fake "voter fraud" activist set to testify at AG-nominee Loretta Lynch's very real U.S. Senate nomination proceedings. Plus, as usual, much more, including Desi Doyen with the latest Green News Report.

Enjoy!...

Download MP3 here or listen online below...

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Removal of Rita Days follows our exclusive report on warnings sent before the election about likelihood of paper ballot shortages...
By Brad Friedman on 1/21/2015 12:03am PT  

St. Louis County Director of Elections Rita Days, a former Democratic state Senator who we reported on last November, was unanimously removed from office by the County Board of Elections Commissioners on Tuesday night, according to a late report from KMOV...

ST. LOUIS COUNTY, Mo. (KMOV.com) --- After coming under scrutiny for problems during last year's elections, the St. Louis County Director of Elections is being forced out of her position.

Rita Days was unanimously voted out of the position by the Board of Elections Commission.

Days came under criticism last November when thousands of voters had to wait longer than expected because polling stations ran out of paper ballots.

There is not yet word on who will replace Days.

In the weeks following the November 2014 election, The BRAD BLOG reported exclusively on emails sent to Days by local Election Integrity advocates in advance of the election, advising that her plan for deploying paper ballots would likely fall short of demand on Election Day. It did. As St. Louis Public Radio reported on the day after the election, "unexpected demand for paper ballots caused a shortage at about 95 polling places throughout the county Tuesday. That's more than 20 percent of the county's 444 balloting sites."

But, as we detailed in our own report, the demand was not "unexpected", as Days had been warned, well in advance, about the likelihood of paper ballots running out...

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The BRAD BLOG's Ernie Canning on his father's torture during WWII and on accountability for the same war crimes by the U.S. today...
By Brad Friedman on 1/7/2015 9:33pm PT  

We were back live today for the first BradCast on KPFK/Pacifica Radio since the holidays.

First up, a few incomplete words on the breaking news of today's horrific terror attacks at the satirical Charlie Hebdo newspaper in Paris.

Then, BRAD BLOG's legal analyst Ernest A. Canning joined us to discuss his own father's detention and torture (including water-boarding) under the Japanese Kempetai at the notorious Shanghai Bridge House during WWII. After the war, his father, James Robert Canning, testified against his captors [PDF] at the Hong Kong War Crimes Trials, where some members of the Japanese Imperial Army received life sentences --- and, some, the death penalty --- for many of the same crimes against humanity carried out by the U.S. in the wake of the 9/11 attacks [PDF], as Ernie wrote about here recently.

Then, we cover what we hope might be the last report of the 2014 election, the (good news on several accounts) solution to the great Maine Ballot Mystery!

Finally, as ever, Desi Doyen joins us for the latest Green News Report to quickly cover all that happened in the green news world while we were off for holiday break at the end of the warmest year for the planet in recorded history...

Download MP3 here or listen online below...

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By Ernest A. Canning on 1/5/2015 7:05am PT  

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

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

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(Plus: A BRAD BLOG 'programming note')...
By Brad Friedman on 12/17/2014 1:17pm PT  

I'm already on the road for the holidays this week, but pulled over long enough for a quick appearance on Thom Hartmann's radio show to update a couple of the late-contested results from the November 4th elections, including Maine's amazing "phantom ballots" mystery and Oregon's GMO labeling Measure 92 "recount"...

(Thanks to Thom for the kind words after I hung up.)

* * *

P.S. Without a proper break over the summer this year, and then continuing non-stop since the elections, I must say I'm not nearly an accomplished enough writer to properly describe how fried I am right about now.

As mentioned, I'm on the road and will continue to be until after the New Year. I need to complete some deadlines for articles elsewhere, knock out a few radio shows, and figure out how The BRAD BLOG can survive as we move forward into our 12th(!) year in January. But between now and then, I'm going to try to force myself to take some down time, at least from blogging, if possible, for a few weeks. We'll see if I'm successful. I'm usually not. (I suspect I may, at the very least, be popping up on Twitter. So be sure to follow both @TheBradBlog and @GreenNewsReport there in the meantime if you're not already.)

So, while there may be a few things rolling here, if things are quieter than usual for a while, all of that would be why...

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Mind-boggling response to BRAD BLOG: 'No correction warranted'...
By Brad Friedman on 12/15/2014 2:19pm PT  

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

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

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4,600 rejected Vote-by-Mail ballots will remain uncounted in contest decided by just 800 votes out of 1.5 million cast...
By Brad Friedman on 12/12/2014 3:05pm PT  

Proponents of Oregon's Measure 92, a GMO labeling initiative, are conceding defeat in what had become the most expensive ballot campaign in state history. The proponents from RightToKnow.org were unsuccessful in their lawsuit this week arguing that some 4,600 ballots were illegally left uncounted and should be included in the final tally from the razor-thin November 4th contest.

"Oregonians will never know the true outcome of this election," Paige Richardson, Campaign Director for Yes on 92 said, after a judge rejected the group's attempt to block final certification of the automatic statewide "recount" that followed the extraordinarily close computer-tallied results of the contest.

A hand-count of some 1.5 million hand-marked Vote-by-Mail (VBM) paper ballots cast and previously tallied only by optical-scan computers was triggered after the initially certified margin of defeat for the initiative was just 812 votes, or .02 percent, or just 812 votes. State law requires hand counts for elections with an initial margin of less than .5 percent.

Some 13,000 ballots across Oregon --- which holds its elections only by mail-in ballot --- were rejected and never counted due to signatures on the ballot envelopes judged by election officials to not match those on voter registration cards on file. Voters with signature problems on their ballots are sent a letter to notify them, allowing them two weeks to contact officials to confirm that they were the one to have cast the ballot in question.

Additionally, a new state law requires the Sec. of State to publicly release the names of such voters. That allowed proponents to try and contact those voters to urge them to cure their signature problems with county election officials. 8,600 voters responded and ultimately had their ballots included in the tally, while 4,600 did not. Those 4,600 rejected ballots, more than enough to potentially flip the final results of the election, were left uncounted...

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Hand-counting vindicated, voter intent served in dramatic twist...
By Brad Friedman on 12/10/2014 2:32pm PT  

In the tiny seaside town of Long Island, Maine --- and for the national media that followed it --- it was an inscrutable mystery fit for Murder She Wrote's Jessica Fletcher. Except that it wasn't murder at the heart of this mystery, it was a potentially 'stolen' election, which, upon additional investigation, has now been 'unstolen', with the state Senate candidate rightfully elected by the people of Maine's District 25 finally set to take her seat in the state legislature after another dramatic turn of events this week.

We recently detailed the fascinating story of 21 "phantom ballots", all cast for Republican state Senate candidate Cathleen Manchester, which, when reportedly "discovered" during a November 18th recount of the very close Maine Senate race, ended up flipping the results from the slim victory Democratic candidate Catherine Breen thought she had achieved on Election Night to a "win" for her GOP opponent.

The tantalizing mystery in the town of Long Island included 171 ballots tallied by hand there on the night of the November 4th election and the same number of voters confirmed to have voted in the town's official Voter Manifest, either by absentee ballot or at the tiny town's only polling place.

Like the public hand-count of all the town's ballots at the end of Election Night, Long Island's only polling place was overseen all day by its Town Clerk Brenda Singo (who, over the past week or so, had strangely, yet repeatedly refused to answer what we thought were fairly simple, straightforward queries from The BRAD BLOG about the town's precinct-based Election Night hand-count and the chain of custody process thereafter for its hand-marked paper ballots.)

During the recount of paper ballots in the seven towns comprising Maine's Senate District 25, however, a funny thing happened. 21 "new" ballots showed up in Long Island, all for the Republican Manchester, resulting in her being certified as the "winner" of the recount overseen by the Secretary of State's office and the Democratic Breen's subsequent contest of the recount results falling to the Republican-majority state Senate to be investigated and ultimately decided there.

Before the Special Committee, comprised of four Republicans and three Democrats, could convene, the outcome didn't look good for the Democrats. The GOP majority "provisionally seated" Manchester, despite strenuous objections from state Dems.

The resolution of the mystery on Tuesday, however --- which resulted in one state official declaring "I'd eat my hat if I had one" --- has flipped the final results back to the Democrat once again, cleared the Town Clerk Singo and other election officials of further suspicion and, as we noted in our original report, underscored once again the undeniable fact that hand counting hand-marked paper ballots at the precinct on Election Night is the most reliable and publicly overseeable way of assuring that election results actually reflect the true intent of the voters...

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With razor-thin 812 vote margin, proponents charge 4,600 ballots remain illegally uncounted due to 'problems' with signatures
Questions about state procedures underscore shortcomings of Vote-by-Mail balloting...
By Brad Friedman on 12/8/2014 2:44pm PT  

[Update: An 'emergency lawsuit' has now been filed by proponents. See details at bottom of this article.]

A statewide hand-count of millions of hand-marked paper ballots is currently underway in Oregon, as proponents of a GMO-related ballot initiative hope to overcome the computer-tallied margin of less than one-fifth of one percent, as reported by the state following the November 4th election.

But proponents of the measure are expressing concern about the process of the count, including corporate interference and thousands of votes that have been excluded, due to questions about signatures on mail-in ballots.

We recently detailed how the "Yes on Measure 92" campaign trailed by just over 800 votes (.02%) out of more than 1.5 million cast, in what has become the most expensive ballot measure battle in Oregon state history. $21 million dollars were reportedly spent to defeat the measure by corporate opponents of the "Right to Know" initiative. Monsanto, DuPont, Kraft, Pepsico and other national food companies had worked to block Measure 92's mandate requiring food sold in the state containing genetically modified products be labeled as such. Proponents reportedly spent just $9 million in support of the initiative.

As the statewide "recount" is now underway (we use quotes around the word to denote that, until now, the paper ballots have never actually been counted by human beings, only by oft-failed, easily-manipulated, sometimes wildly-inaccurate computer optical-scanners), proponents are citing a number of concerns about the way the state is carrying out the hand count, including what they describe as attempted illegal interference by Measure 92's corporate opponents, and the exclusion of thousands of ballots which, proponents believe, are being inappropriately left out of the final count.

While the number of ballots excluded from the tally could be more than enough to reverse the results of the contest, according to proponents, the complaints also serve to underscore a number of serious drawbacks to Oregon's all Vote-by-Mail election system, as well as mail-in voting in other states...

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State Republicans' attempt to delay next summer's trial described as 'unsupportable', 'disingenuous'...
UPDATE: Court Denies Motion to Delay Trial...
By Ernest A. Canning on 12/5/2014 2:03pm PT  

North Carolina Republicans are now seeking to delay the full federal trial challenging their massive election reform law, which has been described as the worst-in-the-nation and as a "monster" voter suppression law.

The tactic threatens to, once again, undermine any ruling by the court, should it be made too close to the state's 2016 elections. The trial in the case had previously been set, according to a timetable established in federal court in December of 2013, to take place during the July 2015 trial calendar. State Republicans, however, now argue that a separate state court challenge to one section of its massive voter suppression law, scheduled during the same period next summer, will "severely prejudice" their ability to defend themselves in the federal case which follows it.

Plaintiffs argue in response that the move is "another step in Defendants continued attempts to delay the ultimate resolution of this action."

The attempt to re-schedule comes from the same North Carolina Republicans who, this past October, successfully persuaded the U.S. Supreme Court to stay an appellate court order restoring a number of voter registration and voting provisions that were blocked by the state GOP's law, simply because the court order restoring those voting rights was issued too close to the Nov. 4, 2014 election.

The state's argument at the time was that "Court orders affecting elections...can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase."

The trial which the state is now attempting to stall is in response to the same federal lawsuit involving legal challenges to the state's Voter Information Verification Act ("VIVA"). This site, and many others, described the legislation as the "nation's worst voter suppression law since the Jim Crow era," when state Republicans enacted the extraordinarily wide-reaching restrictions on voting and registration in NC within days of the U.S. Supreme Court gutting a key portion of the Voting Rights Act in the summer of 2013...

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