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Rollback of existing voting rights presents significant legal issues...
By Ernest A. Canning on 9/24/2012 6:35am PT  

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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By Desi Doyen on 9/22/2012 6:35am PT  

At the U.S. Senatorial debate on Thursday night between Sen. Scott Brown (R) and Elizabeth Warren (D), he...

...said that she...

...claimed to be of Cherokee heritage, but "as you can see, she’s not," Brown said, as he gestured towards her. "She checked the box claiming she is Native American, and clearly she is not," he reiterated again.

But I look like this...

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By Brad Friedman on 9/21/2012 3:11pm PT  

It seems it was a fitting end to a horrible week for the Romney/Ryan team. As MoveOn.org notes, the seniors at Paul Ryan's AARP speech today booed him "over and over again"...

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By Brad Friedman on 9/21/2012 12:35pm PT  

The final flight, ever, for a Space Shuttle --- at least until it's taken out of mothballs to stop the asteroid --- just happened over BRAD BLOG World News Headquarters here in Hollywood! Thanks, guys! USA! USA! USA!

Endeavour actually took two passes over us, piggy-backed on its NASA 747 with a two plane escort, as it took the Shuttle program's final victory lap in the air over Los Angeles before touching down for the last time ever at LAX.

It will soon take its final road trip to its new and final home (until the asteroid) at the California Science Center. That last trip will take place across 12 miles of surface streets here in Los Angeles, where some 400 trees must be taken out to make room for the trip. The Science Center "promises to plant 1,000 new trees in place of those taken down," according to Reuters.

* * *

UPDATE: Naturally, you get full BRAD BLOG team coverage today, as our own Desi Doyen, of the Green News Report, from a different vantage point, gets a great still shot of Endeavour flying between Griffith Observatory and the Hollywood sign...

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By Brad Friedman on 9/21/2012 6:35am PT  

Sarah Silverman does it again! Hilarious. Informative. And definitely NOT safe for work!...

More resources available here: LetMyPeopleVote2012.com

(Here's another polling place Photo ID law related video published this week. I'm in that one...though it's not nearly as funny.)

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Also allows ink for 'Internet Voting' voting shill, lobbyist...
By Brad Friedman on 9/20/2012 4:33pm PT  

Meanwhile, as the War Over Which Americans Get to Exercise Their Right to Vote rages on, concern about how the votes of those who do get to vote, will (or won't) be tabulated, goes largely unnoticed. Again.

USA Today takes a moment to mention that point in an unbylined editorial headlined 'Electronic voting is the real threat to elections'. Their headline may understate the very real concerns about access to the polls, because these two issues --- both access to the polls and accurate, transparent tabulation of ballots --- have always been two sides of the same coin.

Both issues must be assured for an election with anything close to integrity.

But, given the, necessarily, extraordinary focus on the first issue this year, access, it's nice that the paper has taken a moment to highlight just a few of the continuing causes of concern for the actual tabulation of votes. Nothing has gotten better since 2010 or 2008 or even 2004. We've covered all of the examples for reasons to be concerned that they point to in the editorial, of course, and many more, over the years here at The BRAD BLOG.

And, naturally, since the paper is still a corporate media outlet, they just had to "balance" their fairly decent, fact-based editorial with an additional "opposing view" editorial, filled with a bunch of misleading, dishonest bullshit about Internet Voting, of all things, from a corporate lobbyist hack...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/20/2012 3:22pm PT  


TWITTER: @GreenNewsReport
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IN TODAY'S RADIO REPORT: One day later, Japan reverses planned nuclear phase-out; Romney and Republicans fight for Big Coal - with unpaid labor; New record HOT ocean temps cause lobster glut in Northeast; PLUS: Putting their bodies on the line to stop the dirty Keystone XL pipeline ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): US wind industry withers with end of tax credit; False balance lives: PBS FAIL on climate science; Bolivia protects unique pink dolphins; FDA to investigate arsenic in rice; Insurance companies won't pay for climate disasters; UK slams Trump's misleading anti-wind ad; Mexico pipeline explosion kills 28; GM corn study draws skepticism ... PLUS: Existing technologies could halve fuel efficiency. So why aren't we using them? ... and much, MUCH more! ...

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By Brad Friedman on 9/20/2012 10:46am PT  

Both The Daily Show and the Colbert Report have been absolutely en fuego this week in the wake of Romney's "47%" disaster.

But last night's "Chaos on Bulls#%t Mountain," on The Daily Show, documenting the crisis that has struck "Romney Election Headquarters (the Fox "News" Channel)" in the wake of the disaster, is almost certainly an instant classic. Part 2 (both are posted below) and its stinging final button, may be among the show's smartest moments of all time.

As The Daily Show's website summarizes Part 1: "In the 48 hours since the Romney video first gained wide exposure, turd containment crews at Fox News have been working overtime on Bullshit Mountain."

As Jon Stewart concludes at the end of Part 2: "The biggest problem with the denizens of Bullshit Mountain, is they act like their shit don't stink. If they have success, 'they built it'. If they failed, the government ruined it for them. If they get a break, they deserve it. If you get a break, it's a 'handout' and an 'entitlement'. It's a baffling, willfully blind, cognitive dissonance, best summed up by their head coach, in what is, perhaps, my favorite sound bite of all time..." (You'll have to watch to hear the sound bite)...

Part 1...

Part 2...

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The year of GOP election and voter fraud continues...
By Brad Friedman on 9/19/2012 7:51am PT  

No doubt Fox 'News' is going wall-to-wall with this today, so you've got no need for us to tell you about it, right? ... What? They're not? Huh. How strange.

Well, then, if you haven't heard, Lorianne O'Brady, a former staffer to Congressman Thaddeus McCotter (R-MI) has pleaded "no contest" to five misdemeanor counts of election fraud yesterday, related to creating and submitting fraudulent signatures in a failed conspiracy to qualify McCotter for the ballot this year.

O'Brady is just one of four of top McCotter aides who were charged last month with a total of 36 federal felony and misdemeanor election fraud-related counts in the alleged ballot petition forgery scheme. McCotter abruptly resigned last July as the scandal began to emerge.

While U.S. House candidates in Michigan are required to submit just 1,000 valid voter signatures, McCotter's campaign turned in some 2,000. Investigators discovered, however, that just 244 of them were actually valid. The rest were forged or photo-copied from previous petitions.

Submitting false signatures is the same thing that Fox "News" has spent years falsely claiming the community group ACORN was engaged in. The difference, of course, is that ACORN was the one to have discovered and turned in the handful, among their tens of thousands of voter registration workers, found to have defrauded them in such schemes. ACORN itself was never found to be involved in such fraud, and in every case, it was ACORN themselves who discovered the fraud and sought prosecution for the workers.

McCotter's campaign was hardly the only Republican team involved in submitting fraudulent signatures in hopes of winning a place on the ballot this year. As The BRAD BLOG reported exclusively last January, the Presidential campaign of former U.S. House Speaker Newt Gingrich was being investigated by the Virginia State Attorney General after the former GOP Presidential candidate's campaign was discovered to have turned in fraudulent signatures in their failed bid to qualify for the Republican Presidential Primary Election in VA, Gingrich's home state. Gingrich was caught on tape claiming to a supporter, after the forgeries were discovered by the state Board of Elections: "We turned in 11,100 --- we needed 10,000 --- 1,500 of them were by one guy who, frankly, committed fraud."

In May of this year, it was discovered that Momentum Political Services, a group hired by the Sacramento GOP and headed by a "professional con artist" to carry out their voter registration campaign for Rep. Dan Lungren (R-CA), had turned in thousands of fraudulent voter registrations as part of a $50,000 bounty paid for Republican-only voter registrations. That is, of course, exactly what ACORN was falsely accused of, even though --- unlike in the Sacramento GOP case, and in a very similar scheme by a firm hired by the California Republican Party in 2008, where the head of the firm itself pleaded guilty to charges of voter registration fraud --- the former four-decade old community organization was never actually involved in.

For more on the McCotter staffers charged with 36 election fraud-related counts, see our August coverage. As an added bonus, that article also includes a quick round-up of more than 10 recent cases of alleged and confirmed voter fraud and election fraud by a number of very high-profile Republicans, including Gingrich, Mitt Romney, Todd Akin, James O'Keefe, the Sec. of State of Indiana and, yes, the high priestess of GOP Voter Fraud, Ann Coulter.

Of course, none of the fraud detailed above would have been prevented by the disenfranchising polling place Photo ID restriction schemes Republicans are enacting around the country under the guise of deterring "voter fraud" --- not even Coulter's, since she also committed a felony to create a fraudulent drivers' license with the faked address she submitted to election officials when she committed fraud on her voter registration form, before later, knowingly, voting at a precinct in an area where she did not live in Florida. That, even though there are just 10 known cases of in-person voter impersonation --- the only type of voter fraud that can possibly be deterred by polling place Photo ID restrictions --- in the entire country, out of hundreds of millions of votes cast since 2000.

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/18/2012 3:53pm PT  


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IN TODAY'S RADIO REPORT: Japan to phase out nuclear power --- sort of; US nuke whistleblower warns of new risks; Shell gives up on Arctic drilling --- for now; PLUS: It's official: August 2012 was hot --- really hot ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA' (see links below): Fox Stumbles Over The Truth On Gas Prices; Ruptured pipe at Chevron refinery fire 'thin as a penny'; Crop insurance losses begin to mount amid drought; National Guard aids Halliburton in search for missing radioactive rod; Alaskans to get $878 in yearly oil wealth payout (socialism!); Wind industry cuts jobs while Congress dawdles; Africa elephant slaughter funds conflicts; Freaked-out climate scientists urge other freaked-out climate scientists to speak up ... PLUS: Victory: Judge rules scientist Michael Mann's emails off-limits ... and much, MUCH more! ...

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Judge ordered to review if GOP voting restriction can be lawfully implemented as written, and without disenfranchising voters; else it must be blocked
Dissenters: Ruling will 'allow chaos to beget chaos'...
By Brad Friedman on 9/18/2012 2:15pm PT  

The Pennsylvania Supreme Court, in a 4 to 2 decision this afternoon, has vacated a Commonwealth Court's earlier ruling, which had denied a temporary injunction on the state GOP's polling place Photo ID restriction law. Rather than issuing their own injunction, they have has sent the matter back to the lower court for review.

According to the high court's 7-page order [PDF] issued today, if the lower court finds that the state is unable to implement "liberal access" to the supposedly free Photo IDs to be issued by the state, as dictated by the General Assembly's requirements detailed in the statute itself, "or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction."

We'll try to unpack that for you in a moment. As well, there were two scathing dissents to today's ruling, both highly critical of the majority for not ending the ongoing "chaos" immediately, instead of remanding it for another round to the lower court. But, in general, and depending on how Commonwealth Court Judge Robert Simpson, a Republican, reviews the case as ordered, this is may be good news for voters in the Keystone State.

"It's certainly a very positive step in the right direction in that the court recognizes that the state does not make adequate provision for people to get the ID that they would need to vote," said David Gersch, the lead lawyer for the plaintiffs challenging the law's state constitutionality, according to CBS. "In addition, there is a practical problem with getting the ID to people in the short time available."

The case, Applewhite v. Commonwealth of Pennsylvania [PDF], was originally filed in May by the ACLU, the PA League of Women Voters, and other civil rights organizations on behalf of 92-year old Viviette Applewhite and 10 other petitioners who were facing potential disenfranchisement under the new law, along with hundreds of thousands of other legally registered and otherwise eligible voters in the state. Before the trial even began, the Commonwealth admitted that they were unaware of a single instance of polling place impersonation --- the only type of voter fraud that can possibly be deterred by their polling place Photo ID restrictions --- in the history of the state.

Last Thursday, during their hearing in Philadelphia, the PA Supremes indicated they had some skepticism about the law, as we detailed here. The court was reviewing an appeal by the plaintiffs filed last week after the Commonwealth Court had stunned many of those following the case, including the plaintiffs who had predicted a "slam-dunk" win, by upholding the law last month and refusing to grant a preliminary injunction in advance of the November Presidential election.

But now Judge Simpson will have another crack at deciding the case, as the high court has punted it back to him. This time, however, he has been ordered by the high court to issue a preliminary injunction on the law if he cannot determine that the state is able to meet two very specific conditions...

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They also hope voters have forgotten what actually happened during the Badger State's recent recall elections...
By Brad Friedman on 9/17/2012 2:06pm PT  

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

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At least by his own moveable standards...
By Ernest A. Canning on 9/17/2012 10:50am PT  

On Friday, ABC's George Stephanopoulos caught Republican Presidential nominee Mitt Romney speaking out of both sides of his mouth. (Not that it's all that hard to do.)

As TPM's Josh Marshall described the remarks --- tongue only somewhat in cheek --- "Romney Apologizes to Muslim Rioters".

Romney, over the course of his lengthy ABC interview, finally acknowledged that the statement issued by the Cairo Embassy condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions" was made before the protests began.

However, the GOP candidate, who had shamelessly seized upon that statement to falsely accuse the Embassy and President Obama of having "sympathize[d] with those who waged the attacks," evaded a direct answer to Stephanopoulos' direct question: "Where do they show sympathy for those who waged the attacks?"

Instead, Romney insisted it was "inappropriate" for the Cairo Embassy to leave the statement up on its website after its wall was breached. "The statement was reiterated after they had breached the sovereignty of the embassy," Romney proclaimed.

After its wall was breached, the Cairo Embassy tweeted: "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

Without explaining why he felt it was inappropriate for the Embassy to retain its condemnation of the film's scurrilous slander of the prophet Muhammad while simultaneously condemning the "unjustified breach of the Embassy," Romney followed up with a criticism of the film that was virtually indistinguishable from that which had been initially issued by the Cairo Embassy...

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(And what you can do to help counter it.)
By Brad Friedman on 9/16/2012 9:38pm PT  

I'm in this short video --- just out tonight from John Wellington Ennis, filmmaker of one of my favorite Election Integrity documentaries, Free For All: One Dude's Quest to Save Democracy and the forthcoming Pay to Play: Democracy’s High Stakes --- but don't let that keep you from watching it. It's very good and has a bunch of other folks in it who are really smart.

Ennis, who is also one of the founders of the very important Video the Vote project, has a way of making difficult ideas easy to understand and entertaining to watch. He does so again here...

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

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By D.R. Tucker on 9/15/2012 10:47am PT  

I almost feel sorry for Mitt Romney. Almost.

It turns out Mitt was for the climate before he was against it. And not very long ago, according to his own 2010 campaign book.

Poor (yeah, right) Mitt is apparently trying to serve two masters when it comes to environmental and energy policy. On the one hand, he's surely aware of recent polling data indicating that candidates who favor climate protection earn the support of Democrats, independents, and moderate Republicans.

On the other hand, he must appeal to a Republican base that not only looks down upon him, but also looks down upon climate science, thanks to 25 years of being bamboozled with balderdash from the same folks who once claimed cigarettes didn't cause cancer.

Romney's slogan is "Believe in America." I have to ask: which America? The fictional "center-right nation" created by Fox "News", or the America where facts, logic, reason and science matter? Can Romney even tell the difference at this point?...

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