Guest Editorial by Ernest A. Canning

On Wednesday, by a bi-partisan vote of 26-3, the Vermont state Senate passed a resolution "calling for an amendment to the [U.S.] Constitution that corporations are not people and money is not speech and can be regulated in political campaigns" according to advocacy group, Move to Amend.

A majority of Senate Republicans joined with all of the Democrats in voting to approve the measure. The three nay votes came from Republicans after similar resolutions were passed in March by 64 different communities in Vermont.

Move to Amend observed that the Green Mountain State's Senate resolution goes much further than similar resolutions passed in Hawaii and New Mexico, which sought only to overturn the infamous U.S. Supreme Court decision in Citizens United vs. Federal Election Commission [PDF]. (The CA State Assembly also passed a resolution last month to overturn Citizens United).

In 2010, President Barack Obama blasted Citizens United as "devastating to the public interest." During his 2010 State of the Union Address, the President said the Court's decision would "open the floodgates for special interests --- including foreign corporations --- to spend without limit in our elections."

However, the President has, as yet, not offered a rejoinder to the presumptive Republican nominee, Mitt "Gordon Gekko" Romney, by squarely stating that "corporations are not people!"

If the President followed Vermont's lead, would it portend to a Democratic landslide in November? Would the SCOTUS, faced with the prospect of a Constitutional Amendment that would put an end to corporate personhood altogether, feel pressured to either overrule or, at a minimum, curtail the reach of Citizens United?...

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

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

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

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

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

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

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

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

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

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

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

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

You've heard the Republican meme of the moment. Mitt Romney, the GOP front-runner and presumptive Presidential nominee recently told supporters that the price of gas has "doubled under this president."

Newt Gingrich released an ad last month charging: "Since Barack Obama’s inauguration, gas prices have doubled."

Their reliable allies at the fossil-fuel industry-funded astroturf trade group American Energy Alliance have a similar ad, declaring: "Since Obama became president, gas prices have nearly doubled." And, of course, reliable wingnut stooges like Katie Pavlich at the rightwing "news" site Townhall are all too happy to help spread the propaganda on all of their behalves with articles like the one she filed yesterday headlined "Gas Prices Officially Doubled Under Obama."

Of course, it's not actually all that true. Surprised? More accurately, it's an outright lie, since the folks who are pushing it know damned well how intentionally misleading it is. Worse, we've yet to see anyone in the corporate media bothering to correct it.

FACTS: According to the American Automobile Association (AAA), the average price for a regular gallon of gas today across the U.S. is $3.92.

The week that Obama took office in January of 2009, according to the U.S. Energy Information Administration it was $1.83/gallon. But that was just after the price of oil had come crashing down on the global market thanks to the crash of the global economy which led to the Great Recession --- all under the leadership of George W. Bush.

Just months before President Obama took office, and before the crash, in July of 2008, during the Administration of failed former oil man George W. Bush, gas prices had hit their all-time record average high in the U.S. at $4.11/gallon.

Here's what the average price of gas actually looks like in the U.S. from April of 2004 through today, according to GasBuddy.com's data and our own clarity placed over the top [click to enlarge]...

So, yes, strictly speaking the price of a gallon of gas has roughly doubled since Obama took office. That, of course, is barely even half of the story, as you can see above...

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Recently, the New York Times reported on an analysis by the paper suggesting that new, draconian restrictions (and criminal penalties) on voter registration programs in Florida may be responsible for a sizable drop-off in registrations this year, compared to the same period in 2008.

"In the months since its new law took effect in May [of 2011], 81,471 fewer Floridians have registered to vote than during the same period before the 2008 presidential election," according to their analysis.

Though the Times cautiously notes that, "It is difficult to say just how much of the decrease is due to the restrictions in the law, and how much to demographic changes, a lack of enthusiasm about politics or other circumstances, including the fact that there was no competitive Democratic presidential primary this year."

Nonetheless, they detail that, "new registrations dropped sharply in some areas where the voting-age population has been growing, the analysis found, including Miami-Dade County, where they fell by 39 percent, and Orange County, where they fell by a little more than a fifth."

Volusia County Supervisor of Elections Ann McFall --- a Republican --- charges that it is the new law, imposing strict time limitations and harsh criminal penalties, such as fines and jail time, on third party voter registration groups, which has led to the shortfall in new voter registrations this year.

"The drop-off is our League of Women Voters, our five universities in Volusia County, none of which are making a concentrated effort this year," McFall says.

Indeed, the new laws --- passed by a Republican legislature and signed into law by Republican Governor Rick Scott last year --- have been met with a great deal of criticism from both election officials (even Republican ones, like McFall), as well as non-partisan voter organizations in the Sunshine State. As has been widely reported, the non-partisan League of Women Voters in Florida has been forced to call off their voter registration drive this cycle, for the first time in 72 years, thanks to fears that their workers will be faced with strict criminal sanctions and harsh fines if they are unable to meet new, often impossible, time restrictions on turning in registration forms to officials.

Last November we told you about about one of the FL high-school teachers who was arrested and charged for signing up her students to vote, after being turned in to state prosecutors by McFall who said she felt "sick to [her] stomach" for having to do it.

But, setting aside, for a moment, whether the drop-off in registrations is directly attributable to the new Republican laws --- which also include shortening the numbers of days for Early Voting --- it was this startling piece of information from the Times article which caught our eye...

[Now UPDATED with audio archives below. Enjoy!]

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

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

Scheduled tonight:

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

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

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

Waukesha County's oft-failed election administrator, Kathy Nickolaus will not participate in the upcoming recall elections for Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

The BRAD BLOG first learned the news from a Wisconsin Election Integrity advocate late this afternoon, and it has now been confirmed with a statement issued by the office of Waukesha County Executive Dan Vrakas.

Her decision to recuse herself from the May 8th recall primaries and June 5th recall general elections comes on the heels of yet another embarrassing election administration failure this past Tuesday by the controversial County Clerk in one of the Badger State's most Republican counties.

According to Vrakas' statement, the elected Nickolaus --- who will face her own re-election contest later this year --- was given two choices by the County Executive, either resign or step aside for the upcoming recall elections.

"In a meeting this afternoon I presented two options to Waukesha County Clerk Kathy Nickolaus," Vrakas' statement reads, "resignation, or designating the deputy clerk to run the upcoming recall election."

"Kathy agreed to hand off her election duties to the deputy county clerk in order to avoid my public call for her resignation," says Vrakas. "In stepping aside, Kathy also agreed to allow outside consultants and county staff to work side-by-side with the deputy clerk to help restore confidence in our election process. The county will move swiftly to examine the election night procedures in the County Clerk’s Office and make changes as necessary to restore public’s confidence in our elections."

Calls for her resignation occurred once again following her failure to post local election results online in a timely fashion on the night of the April 3rd primary elections this week.

The BRAD BLOG has been reporting on the many election administration failures of Nickolaus going back as far as 2010 when she refused to change a number of procedures at the request of County Executives after an audit found serious deficiencies in her security processes, such as failing to post election results online, and tracking them only on a personal computer in her own office. But it was the April 5, 2011 election for state Supreme Court (exactly one year ago today) that brought national infamy to Nickolaus...

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IN 'GREEN NEWS EXTRA' (see links below): Japan nuke plant worse off than previously indicated; OH River #1 in pollution; Mine union boss says 'Coal industry could suffer same fate as bin Laden'; Military sees threats and worry in climate change; Power source of the future: Snails!; Another warning on overfishing; Bat-killing fungus spreads; How China will force Americans to drive electric cars ... PLUS: The Brighter Side of Air Pollution ... and much, MUCH more! ...

Today on KPFK/Pacifica Radio's The BradCast I spoke to Pamela Smith, President of Verified Voting Foundation and Dan McCrea, President of the Florida Voters Foundation about the recent mess in Palm Beach County, FL where the electronic Dominion/Sequoia optical-scanners declared several losing candidates as the "winners" in a March 13th election. It took approval of a court to carry out a hand-count last weekend to determine the real winners of the elections.

So do either Smith or McCrea have confidence that the same problem hasn't already occurred or won't occur again in the 14 states (including many swing states and even Wisconsin) which use identical computer systems to tabulate votes? Do they think enough is enough and it's time to simply hand-count paper ballots, as per "Democracy's Gold Standard"? You'll have to listen to find out.

We were also joined by Margo Paez, just back from Santa Monica College, with her report on the outrageous pepper spraying of students (and one toddler) there last night; Desi Doyen with the latest Green News Report and a remembrance of MLK who was assassinated in Memphis 44 years ago today as we find ourselves still in much the same fight for civil and human rights all of these decades later (hat-tip Tony Sorrentino and Desi Doyen for the really cool, and touching, montage!)...

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

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

During yesterday's Wisconsin primary election, a number of paper ballots were sent out in several counties that were reportedly too wide to be tabulated by the computerized optical-scan systems used to tally ballots in the state. The same exact thing happened just two weeks ago during the Illinois primary sending election officials into a panic and causing delays for some voters.

Then, as now, the problem has been chalked up to a paper-cutting error by the printers. Perhaps that's true, perhaps it's not. We'll take them at their word, barring evidence to the contrary. Innocent errors can and do happen.

But whether that's an accurate explanation or not, one way in which the failure was dealt with in both Illinois and Wisconsin continues to be extremely troubling and, frankly, offense: the practice of election workers manually "remaking" the ballots of voters after the election, in ostensible secret, and before they are tabulated...

We've been busy covering election issues and other pressing matters, but the fully weaponized police military state that the U.S. has become post-9/11 --- as we reported in great detail late last year --- continues apace.

Last night, another horrifying example occurred out here near Los Angeles at Santa Monica College were campus security guards reportedly pepper sprayed some 30 students, without warning, in the hallway just outside of an open Board of Trustees meeting. Several hundred had shown up to try and voice their opinions during (ironically enough) the Public Comment period about the cost of some classes being raised by as much as 400% percent.

We've yet to see video of the actual use of the chemicals said to have been used, but this was the scene just after it...

While I don't believe it's yet been confirmed, there were several reports of either a 4 or 5-year old being among those doused with pepper spray, even while there were no arrests made.

In other words, the use of chemical weapons on peaceful demonstrators (and, perhaps, infants) now appears to be among the first, rather than a last resorts used in the disturbing rise of "police" violence against peaceful citizens expressing their First Amendment rights.

Via Xeni Jardin's report at BoingBoing, we're pointed to the following disturbing observation from blogger zunguzungu --- a student at UC Berkley, where cops resorted to the violent use of batons to break up peaceful student demonstrators last November (video here) --- on the troubling implications of what happened last night in Santa Monica and at several other recent attempts at peaceful demonstration...

Guest blogged by Ernest A. Canning

The War for Wisconsin continues.

In one of the latest Battles for the Badger State, Brendan Fischer of the Center for Media and Democracy (CMD) filed a broad-based ethics complaint [PDF] with the Wisconsin Government Accountability Board (G.A.B) charging that 43 Republican state legislators are in violation of both the state's ethics and lobbying laws. The named respondents in the March 23 complaint include three Republican Senators, Scott L. Fitzgerald, Van H. Wanggard and Terry Moulton, who are now facing recall elections.

The complaint alleges that lawmakers now serving in the Wisconsin state legislature violated state ethics laws by accepting corporate lobbyist-funded "scholarships", in order "to attend meetings of the American Legislative Council (ALEC)" and that many of them failed to list receipt of monies from the ALEC scholarship fund on their 2011 Statement of Economic Interests, as required by state law. In several instances, the complaint also asserts, legislators received prohibited "gifts" from corporations and their lobbyists in violation of Wisconsin ethics and lobbying laws.

The CMD complaint goes on to argue that the ALEC legislative "Task Force" system, in which "ALEC legislators and corporate lobbyists meet behind closed doors on 'model' legislation," violates Wisconsin's Open Meeting Laws. The serious charge speaks to the extent to which corporate power has not merely undermined but supplanted the very essence of "representative democracy"...