After well over a year of political, if not all out civil war in Wisconsin in the wake of the state's Republican Gov. Scott Walker and the majority-GOP legislature unilaterally stripping many of the state's citizens of their rights to collectively bargain, Walker's fate is finally up for grabs today, along with that of his Lt. Governor Rebecca Kleefisch and the political balance of the state Senate via the seats of four Republican state Senators.

A Democratic win in just one of those Senate seats will return the majority in that body to the Democrats, making remarkably extreme actions like those we've seen over the past two years in the Badger State much more difficult to accomplish no matter who wins today's gubernatorial race.

But we'll see what happens today, tonight and, under several foreboding scenarios, over the next several weeks and/or months as the citizens of the state exercise some direct and wonderful democracy today at the ballot box --- or, at least, at the computerized tabulators.

Aside from expectedly heavy turnout being reported across the state (and particularly in Milwaukee), and races that are thought to be exceedingly tight, here are a few morning news items out of Wisconsin which may (or may not) turn out to have much more relevance in the near future, depending on how things go in the next several hours...

Guest blogged by Ernest A. Canning

The U.S. 9th Circuit Court of Appeal issued a terse decision denying a petition for rehearing of the earlier 2-1 9th Circuit panel decision in Perry vs. Brown [PDF] in which the majority ruled that CA Proposition 8's effort to strip away the previously recognized right of same sex couples to marry was unconstitutional.

The court order noted: "The matter failed to receive a majority of the votes of non-recused active judges in favor of en banc consideration." (En banc essentially means 'by the full 9th Circuit', as opposed to a three judge panel.)

The order added, however: "The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court."

This essentially means that, despite the determination that Prop 8 is unconstitutional, same sex couples in CA cannot effectuate their right to marry until either 90 days have lapsed, or longer if a Supreme Court challenge is filed.

As The BRAD BLOG previously averred, U.S. 9th Circuit Judge Stephen Reinhardt's earlier majority opinion in this case was "so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision."

We're just back in town, with lots of catchup work to do. But with Wisconsin's Recall Elections tomorrow, here are some important actions that folks (of any party!) who care about accurate election results can do to help protect the election results.

Remember, WI mostly votes on paper ballots. Unfortunately, however, most of those paper ballots are tabulated in secret inside of computers systems similar or identical to ones which have failed time again elsewhere, as seen most recently in places like Palm Beach County, FL and New York City. In WI, there is no mandated manual examination of paper ballots after the computer tabulates them in order to make sure they were tabulated accurately. That's a very bad (and dangerous) system.

In Palm Beach, several candidates incorrectly declared to be the "winners" by the Sequoia Voting Systems optical-scan tabulation computers in a March election this year had, in fact, been the losers of their races. The failure was discovered during a manual post-election spot-check of a tiny percentage of the paper ballots. WI does no such post-election spot-check of ballots to test the accuracy of their computer systems. Only a full hand-count of all the paper ballots in the Palm Beach elections revealed the correct winners. The identical tabulation system are used in WI's very Republican-leaning Waukesha County, as well as elsewhere in the state.

In New York City, it took nearly two years, but finally last month, ES&S, the company which manufacturers the paper-ballot optical scanners now used there, admitted that it was a flaw in their scanners which led to thousands of votes going uncounted during the 2010 elections. The company admitted to the system failure after the New York Daily News confirmed an error rate of 70% during the primary election and 54% in the general election in just one precinct in the South Bronx after a public records request and hand-count of the paper ballots. Those same flawed systems, the ES&S model DS200 paper-ballot op-scan system, are used in much of Lincoln, Portage and Wood Counties in WI.

There are many other systems used across the Badger State which have similarly failed in election after election. As always, "Democracy's Gold Standard" is a full public hand-count of ballots by actual human beings on election night, at the precinct, in front of all parties and video cameras, with results posted right there before ballots are moved anywhere. Unfortunately, that is rarely, if ever, done in Wisconsin. So it's up to you to try and help ensure the results on Tuesday are as accurate as possible, at least until those paper ballots are actually hand-counted and confirmed to have been tabulated accurately --- if they ever are.

To that end, here's a few things you can do tomorrow in Wisconsin (and one thing you can do even if you're not in Wisconsin), to help cover at least a few of the bases where computer tabulation systems can either be gamed or might simply malfunction to report inaccurate results...

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...

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)...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...

Guest blogged by Sue Wilson

Anyone remember a time when radio seemed friendly and informative, rather than hostile and manipulative?

I do. And I remember when it changed in 1996, after Bill Clinton signed the Telecommunications Act into law, and suddenly, huge corporations like Clear Channel began using our public airwaves --- those scarce radio frequencies which are owned by us ALL --- as a hammer to pummel Clinton and all other Democrats.

I've been working to correct the problem ever since 1998. I've advocated rewriting the Telecommunications Act, made the film Broadcast Blues to educate people about the problem, founded the Media Action Center to get local groups communicating with their local broadcasters, filed petitions to deny stations' licenses, and more.

Nothing worked.

But now, I believe I have found the legal means to put Talk Radio on trial at the FCC --- and perhaps eventually at the Supreme Court --- and, ironically enough, we just may have embattled Wisconsin Gov. Scott Walker to thank for it...

The mainstream media doesn't much seem to be noticing as they chew their cud over and over about Romney Bain this and Obama Birther that, in endlessly looped (non-)"news" cycles, but things are looking pretty good for supporters of Ron Paul these days.

At least in as much as the Paul folks seem to be doing one helluva job of deliberately taking over their party from the inside through a seemingly very smart and certainly persistent and definitely well-organized strategy of taking over local district, county and state party conventions (and even party executive positions), all while seeing to it that Paul delegates get nominated to the Republican National Convention in state after state in the bargain.

What will come of all of those delegates once we get to Tampa remains to be seen. But make no mistake, they will be there and in force, and likely not shy about exercising the same strong (small "d") democratic voice that got them there in the first place. Whether the corporate media has figured out that all of this is newsworthy yet is a different matter. (My bet is that it is.)

But while the persistence of the Ronulans may be paying off with both short and long term political dividends, the democratic process they are participating in itself is also seeing a number of victories, as evidenced by at least one comeuppance to GOP establishment types in the state of Georgia, where we now have a happy-ish ending to a story we reported on earlier this year.

The latest good news resulted in one of the players offering a remark we don't often hear from inside the Republican Party --- at least not by folks who mean it: "This decision re-affirms the party's commitment to fair, open and honest elections"...

- Guest blogged by Bev Harris of BlackBoxVoting.org

Four hundred and eighty-eight voters, all but four lifelong Democrats, and nearly all Black, had their voting history erased by Shelby County (Memphis) election workers, setting them up for purge from the voter list. These selective alterations appear to target the race of US Congressman Steve Cohen (D-TN-09).

To alter voting histories for a selected set of voters, putting them at risk for strategically selected and improper removal from the voting list, is to demean them, to treat them as if they have less worth as human beings than they do. And to demean them is to wrong them. What Shelby County's election staff has done, in altering the records, is morally wrong.

The full list of voters whose voting records have been altered is here. If you know someone on this list, please let them know about this.

DETAILS ON SHELBY COUNTY VOTER LIST ALTERATIONS

Shelby County voters owe a debt of gratitude to Darrick "D" Harris (no relation). This information has come to light because, when I spoke with Harris by telephone recently, he expressed concern to me about his discovery that his voting history had somehow evaporated.

An active Democratic voter and political consultant, Harris had copies of voter databases containing his own voter history. He knows he votes regularly, but as of Oct. 2011, the voter list reports that he has never voted --- not once!...

The Green News Report was scheduled to stand down for a few episodes beginning during Memorial Day Week next week, but my cold (the one you may have noticed in Tuesday's report) has gotten a bit worse. Actually, I feel fine, but my voice has another idea entirely.

So we're going to duck out a bit earlier than planned, since we're on the road this week anyway and it makes life, and healing, a bit easier before the holiday.

Brad and I will return with the Green News Report on its usual twice-weekly schedule beginning Thursday, June 7th! "See ya" then!

(P.S. I'll probably be Tweeting throughout the duration nonetheless, so please follow @GreenNewsReport, if you are not already doing so!)

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

Guest blogged by Ernest A. Canning

When the new Congressional map was first produced by the non-partisan California Citizens Redistricting Commission, CA's GOP leadership expressed concern that it might lose up to five of its nineteen Congressional seats in the bargain.

Although its legal challenge to redistricting was rejected by the CA Supreme Court (a majority of whom were appointed by Republican Governors), the June 5, 2012 "Top Two" open primary (aka "Cajun Primary") contests, approved by a 2010 ballot initiative, may allow for GOP pickups, even in areas where Republican voters represent the minority.

One example is in the newly created CA-26 Congressional District, which reveals a potential formula by which the GOP can overcome adverse party registration numbers --- in that case, 40% (D), 36% (R), 19% (I) --- in order to seize a Congressional seat.

Because four Democrats are competing in the CA-26 primary, long suffering progressives, including this writer, who had previously been forced to cast a protest vote in the now defunct, heavily gerrymandered CA-24 District of the outgoing, extreme right-wing Republican Elton Gallegly, may awake on June 6 to the reality that, come next November, they will be forced to choose between a 'Tea Party' Republican and a County Supervisor who "changed her voter registration...from Republican to 'no party preference' in preparation for her bid for Congress"...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Republicans collect another Obama Admin scalp as NRC chair steps down; More bad news for climate change-denying Heartland Institute: Corporate funders flee, Climate expert cleared of 'forgery' allegations; Robot fish! Yep, robot fish; PLUS: Remembering the Joplin tornado, and the ongoing toll of extreme weather disasters... 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): VT becomes 1st state to ban fracking; Camp LeJeune Marines could vanquish breast cancer; El Nino, more heatwaves on the way?; Improving US climate science education; Clear Channel rejects climate science billboard; TX renewable power generation jumps; Canada: Valdez-type spill inevitable with tar sands pipeline; Arctic Ocean: newly discovered source of methane ... PLUS: Why are U.S. taxpayers subsidizing coal mining? ... and much, MUCH more! ...

"Last night," Daily Kos blogger "Wisco Wherls" wrote today, "I felt like an atypically politically-motivated little kid on Christmas Eve waiting to receive the only gift I asked for: a chance to reclaim our Wisconsin from tyranny."

Wisco was so excited about the first day of Early Voting in the Badger State's historic recall elections of Republican Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators, that he (or she?) "ascended the front steps [of the Middleton City Hall] at 7:40 a.m., five minutes earlier than the building was even scheduled to open," in order to be among the first to cast a vote for Tom Barrett for Governor and Mahlon Mitchell for Lieutenant Governor.

Wisconsin voters were supposed to be able to cast early, in-person "absentee ballots" beginning today, according to state law and a memo sent to the state's Municipal Clerks [PDF] last week by the Government Accountability Board (G.A.B.), the state's top election agency. But, alas, Wisco would leave disappointed this morning --- unable to cast what he/she had hoped might even be the first recall vote cast in the entire state --- after being told (inaccurately) that absentee ballots for Early Voting had not yet arrived at the Middleton municipal City Hall.

"I left my phone number and received confirmation that they will supposedly call me as soon as the ballots arrive," Wisco wrote today. "I guess that's what I get for getting my ass out of bed early for once. Nothing like waking up on Christmas morning only to find a lump of fucking coal in your stocking."

The blogger, appropriately enough, described the situation as "unequivocally unacceptable."

But we may have some good news for Wisco Wherls and the rest of Wisconsin's voters. The problem that he/she ran into may have been only an isolated incident, and the result of a miscommunication at the Middleton City Hall, at least according to a statement we received from the G.A.B. late today, after we'd inquired about the reported problem.

Though there remain other concerns with the way Municipal Clerks are handling the delay in the printing and receipt of official absentee ballots, which had not yet arrived at some municipalities around the state in time for the first official day for Early Voting...

From USA Today...

As we like to say around here: What could possibly go wrong?

It's not as if we've got experience with coming to regret the militarization of various perceived allies in the Middle East in general, or even Iraq, specifically. So, let's go ahead and just put this item into our time capsule for review --- and an answer to the question mentioned above --- by, no later than, let's say, 2020 or so?

Well, imagine that...

And, my goodness, imagine this, too...

Imagine all that. President Obama isn't the "out-of-control tax-and-spend liberal" his opponents claim lie about him being. Not by a long shot.

Now it's not that we're arguing any of the above is necessarily worth bragging about one way or another. But they are certainly facts which run counter to the lies being told by the GOP and its propaganda machines in hopes of unseating Obama.

As we've noted here many times, there is much to complain about when it comes to the President. Trouble is, his Republican detractors haven't mentioned, and aren't campaigning on, virtually any of them, choosing instead to simply make stuff up to fool a gullible, well-propagandized nation rather than run on any real difference in ideologies.

Lame.