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By Brad Friedman on 3/6/2012 7:50pm PT  

Great news for voters today in Wisconsin, via Project Vote...

Wisconsin voters will not need to show ID to vote in the April 3 primary and local general election, thanks to a Dane County judge who granted a temporary injunction against the new law today.

Circuit Judge David Flanagan called the voter ID measure “the single most restrictive voter eligibility law” in the nation, according to the Associated Press.

“The NAACP’s Milwaukee branch and immigration rights group Voces de la Frontera sued over the law last year. A trial on whether to grant a permanent injunction is scheduled for April 16,” AP reports.

The groups asserted that more than 220,000 eligible voters would be unable to prove identity to vote under the new law.

“The scope of the impairment has been shown to be serious, extremely broad and largely needless,” Flanagan wrote in his court order. “There is no doubt that the plaintiffs have shown a very substantial likelihood of success on the merits.”

The state is expected to appeal the decision.

“It’s a solid victory for voting rights and all voters in the state of Wisconsin,” said Richard Saks, attorney for the NAACP. “It’s a win for the hundreds of thousands who have difficulty or find it impossible to get voter ID under Act. 23,” Saks said.

In granting the temporary injunction, Flanagan's 11-page order [PDF] "concludes that the plaintiffs have demonstrated the probability of success as well as the likelihood of irreperable harm," in their original complaint which is set for trial beginning next month. The case, Milwaukee Branch of the NAACP v. Scott Walker, is based solely on the argument that Act 23 is in violation of the WI state constitution. Flanagan's ruling is grounded in a fundamentally conservative interpretation of the state constitution's guaranteed right to vote, and on historic precendents where the state Supreme Court has decided in favor of that right over legislative laws affecting that right to the disadvantage of the voter.

Today's ruling is the first judicial blow against the vote suppressing law passed by Republicans in the wake of their 2010 electoral victory in the Badger State. There are now at least four different legal complaints filed against Wisconsin's Act 23 challenging both the state and federal Constitutionality of the law. The most recent suit was filed late last month, and detailed by our own Ernest Canning who also calls for the U.S. Dept. of Justice to intervene in the case in order to enforce Section 2 of the Voting Rights Act in Wisconsin, on the basis of racial discrimination.

Late last year the ACLU filed a 54-page federal class action complaint on behalf of some 17 named plaintiffs, including elderly, student, minority and even veteran voters, all of whom may otherwise be unable to cast their once-legal vote under the state's new law passed by its GOP legislature and signed into law by Republican Gov. Scott Walker in 2011.

The lead plaintiff in that case, 86-year old Ruthelle Frank, is disabled and was born at home. She never had a birth certificate. Though she's been legally voting in every election since 1948 and is an elected member of the Brokaw Village Board, she may have to pay more than $200 in order to have a birth certificate created and typos in her name, as recorded by the state registrar, corrected before she can receive the "free" state-issued Photo ID that would allow her to vote under the new law.

Even younger, more able-bodied voters have had problems jumping through some of the hoops required to obtain a so-called "free" ID in Wisconsin, as documented on video tape last summer by a woman attempting to help her son obtain one from the state DMV.

In a small primary in the state late last month, the first full implementation of the statute, a number of voters were reportedly denied their right to vote --- at polling places where they had legally voted for years prior --- after they were unable to present Photo ID which met the state's new draconian restrictions. For now, at least for the upcoming April primary in Wisconsin, those restrictions will mercifully be on hold.

* * *

UPDATE: Flanagan's ruling was extremely powerful and likely very difficult to rebut, short of an out-and-out activist ruling by the Right-leaning state Supreme Court. (They've done it before, so I wouldn't put it past them.) I've posted a few additional snippets from Flanagan's must-read decision in comments below. Our legal analyst Ernest Canning, who has been closely covering the WI challenges to Act 23, has also now rung in with a few more thoughts on Flanagan's decision there as well.

* * *
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By Desi Doyen on 3/6/2012 2:14pm PT  


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'I took the oath to prevent these kinds of laws'...
By Brad Friedman on 3/6/2012 11:48am PT  

55-year old former U.S. Marine Tim Thompson was turned away from the polls today, Super Tuesday 2012, in the state of Tennessee, after refusing to present a photo ID before voting, as required by a new law recently passed by Republicans.

Thompson was documented by videographers attempting to cast his vote under the new polling place Photo ID restrictions instituted by TN's Republican-majority legislature and signed into law last year by the state's Republican Gov. Bill Haslam.

The former Lance Corporal, who left the service in 1978, has lived in Nashville since 2004 when he first cast his vote at the same precinct where he was turned away today. In an act of protest, planned in advance and video-taped by a number of media outlets, Thompson refused to show any more than the voter registration card he has previously used for voting in the state.

Video of the confrontation that ensued is posted below.

"This is my voter registration card," Thompson said as he challenged the poll supervisor. "I've used this for 37 years. This was good enough for my father. This was good enough for my grandfather, and I refuse to show you a picture ID"...

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By Ernest A. Canning on 3/5/2012 4:16pm PT  

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...

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

Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.

The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.

The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.

Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.

On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...

Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.

According to TPM's Reilly, the DoJ stated in their filing in that same court last night...

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

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By Brad Friedman on 3/2/2012 11:52am PT  

I can't tell you how bored I am with the current, endless, ridiculous, if occasionally hilarious, GOP nomination process. Oops, I just did.

So with that, I'll note here that I've been predicting for months --- long before anybody seemed to be mentioning it (as I now hear it more and more each day), and when I was even ridiculed for the suggestion --- that there was a better than 50% chance we'd see a brokered GOP convention in Tampa this August. I have long been further suggesting that there was also a better than 50% chance that the ultimate nominee would be someone other than the 10 or so lead candidates running at the time of my original prediction.

I see no reason to modify any of those fairly conservative and, I think, pretty reasonable, predictions now. But let's see what you guys think. We can look back at your thoughts once the convention rolls around...

WHAT WILL OCCUR AT THE 2012 GOP CONVENTION?
View Results

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By Brad Friedman on 3/1/2012 11:14pm PT  

I was on The Young Turks' panel show The Point this week. "Sexy Liberal" comedian (and one of your best bets on Twitter), John Fugelsang, was guest-hosting for Cenk Uygur and the show was largely election and voting related. So, as you can imagine, occasionally, I had an opinion or two.

Topics ranged from Rocky Anderson to Ron Paul to why elections are held on Tuesday and if they still should be, among other things. The other panelists (both Right-leaning) included PJTV's Alexis Garcia and comedian Avi Liberman. Enjoy!...

* * *

UPDATE 3/2/12, 9:40am PT: "The Amazing Atheist's" legion of fans (yes, he's some sort of YouTube star, as noted during the show) are furious with me, apparently, for my remarks directed towards TAA's comments in his video clip as seen during the show above. They have taken to YouTube comments to express their derision, including many on my lack of understanding of our system of democracy, etc, etc. BTW, to be fair, since I didn't get to specifically answer the Electoral College question during the panel discussion, and otherwise wasn't able to fully expound on my third-party thoughts there (and neither was TAA able to respond directly at all to any of our thoughts, due to the way the format works on The Point), I've let TAA, as well as the The Young Turks folks know that I'm more than happy to go one-on-one with TAA and his legion of followers live, anytime, if they are ever interested and feel like hosting such an affair.

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By Desi Doyen on 3/1/2012 2:34pm PT  


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By Brad Friedman on 3/1/2012 12:00pm PT  

On the day that news of Sen. Ted Kennedy's death hit after decades of service to his nation, Andrew Breitbart took to Twitter to call him a "duplicitous bastard," "a prick," and, "a special pile of human excrement."

Breitbart died here in Los Angeles last night, reportedly of "natural causes," sometime after midnight. He leaves behind a wife and four children. He was 43.

His legacy will speak for itself. It need not be embellished. Though, undoubtedly, it will be. Just not by us. We don't do that here.

We've covered his work honestly, accurately and fairly over the years in more articles than we care to remember and certainly more than we cared to write. It was a courtesy he did not reciprocate. Each time we wrote about him or even spoke of him, it was reluctantly, as it is today. Our interest in Breitbart was never in him, no matter his, or his followers, misguided beliefs to the contrary. Our interest was only in the failures of the mainstream corporate media that he, ironically enough, helped to highlight, and in our hopes of standing up for those he'd harmed.

While pretending to point out "liberal media" bias, what Breitbart ultimately served to do was highlight the corporate media's cowardice, laziness and penchant for trusting in scoundrels. Oddly, that may have been exactly what he wanted to do --- just not in the way he had hoped...

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By Ernest A. Canning on 2/29/2012 3:35pm PT  

Guest editorial by Ernest A. Canning

Last September's hearings before the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights established that polling place photo ID restriction laws have nothing to do with eliminating "voter fraud."

They are, instead, part of what Judith Browne Dianis, a civil rights litigator at The Advancement Project, described at the time as the "largest legislative effort to roll back voting rights since the post-Reconstruction era" --- part of the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP exercise in voter suppression. Her testimony established, yet again, that such laws have a disparate impact upon minorities, the poor, the elderly and students (all of whom happen to have the unfortunate tendency of voting Democratic).

Despite the national nature of this coordinated, well-documented and well-funded assault on minority voting rights, so far the U.S. Department of Justice (DoJ) has confined its legal response to such newly-enacted laws to only the small number of "covered" jurisdictions, for example, South Carolina, that are subject to Section 5 of the Voting Rights Act (VRA). That section of the law requires federal preclearance for new election-related laws in those "covered" jurisdictions, since they each have demonstrated a long history of racial discrimination.

The narrow action taken by the DoJ to date, as based only on Section 5 of the VRA, could all change if they took the time to study the content of the new complaint, Jones v. Deininger [PDF], as filed last week in the U.S. District Court for the Eastern District of Wisconsin. The complaint alleges that Wisconsin's new polling place photo ID law ("Act 23") "is a voter suppression law that burdens African-American and Latino voters most heavily [which]...results in them having 'less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,' and, thereby, constitutes a denial and abridgment of their right to vote in violation of Section 2 of the Voting Rights Act."

The complaint in Jones, which was signed by attorney Charles T. Curtis, Jr. of Arnold & Porter, LLP, seeks to enjoin the implementation of Wisconsin's Act 23 and a declaration that it violates Section 2 of the VRA. When asked whether he contemplates seeking a preliminary injunction on the new law prior to the next election, Curtis was only able to tell The BRAD BLOG at this time that they "want to move the case as quickly as the Court will allow, and plan to request a pretrial conference to discuss motion and briefing schedules."

The additional question remains, however, will the U.S. DoJ defend federal law by opting to join this lawsuit as a plaintiff?...

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TONIGHT: MI & AZ Primaries, PLUS GUESTS: Gov. Buddy Roemer & Fred Karger (both of whom are on MI's ballot today!)
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 2/28/2012 3:46pm PT  

[Now UPDATED with audio archives below! Enjoy 'em!]

Mike has the night off! So we're back tonight guest-hosting the nationally-syndicated Mike Malloy Show! And it's primary night in MI and AZ and we'll have not one, but two Presidential candidates as guests tonight!

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 (so far):

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 affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: Maybe someone had a bit too much caffeine today. Well, in any case, it led to a pretty high energy show! And lots of circus music! You can check it all out now for yourself, sans commercials, in the high-octane archives now posted below. Enjoy!...

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

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By Ernest A. Canning on 2/28/2012 3:24pm PT  

Guest blogged by Ernest A. Canning

We recently detailed how legal documents reveal that prosecutors in Wisconsin are painstakingly examining evidence that may well place Gov. Scott Walker (R-WI) at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities. We observed that a recall may therefore be the least of Walker's worries.

The relationship between Walker's potential criminal liability and his recall vulnerability has not gone unnoticed by the WI Democratic Party. Asserting that Walker "has given a blizzard of contradictory statements about what he knew and when he knew it," WI Democratic Party Chairman Mike Tate released an ad which refers to the pending criminal scandal as "Walkergate" (see video below) and draws an analogy to Richard Nixon's role in Watergate.

Simultaneously, the embattled governor on Monday abandoned his effort to challenge the more than one million signatures submitted on the Recall Walker petition...

Recall Walker ad comparing Scott Walker to Richard Nixon follows...

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By Desi Doyen on 2/28/2012 2:55pm PT  


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IN 'GREEN NEWS EXTRA' (see links below): Internal reports show Japan leaders feared "devil's chain reaction", Tokyo evacuation; Monsanto prevails in suit brought by organic growers; Record number of sea otter deaths; Wind Harvester breaks from traditional turbine design; Alliance seeks vast marine reserves in Antarctic; New study maps best/worst places for US renewables ... PLUS: The smoking gun connecting livestock antibiotics and the rise of 'superbugs' ... and much, MUCH more! ...

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By Brad Friedman on 2/27/2012 7:10pm PT  

Tomorrow (Tuesday), there's yet another "make-or-break" set of Primaries for the GOP establishment's preferred front-runner Mitt Romney in both Arizona and his home-state of Michigan. While pre-election polls suggest Romney's the run-away favorite in AZ, he reportedly has only a marginal lead in MI. Should he lose that state tomorrow, his party, and their nomination process, could well descend into complete chaos (even more so than it already is.)

But here's the good news for Election Integrity fans keeping an eye on the race track for tomorrow's horse race: Both Arizona and Michigan allow all voters to vote on paper ballots at the polling place if they wish. So there's actually something to count that reflects the voters' intent.

The bad news: Rather than count those ballots, the states will run them through oft-failed, easily-manipulated optical-scan computer systems and report whatever it is that the computers announce as "the results."

While many Americans mistakenly place faith in these systems, a report in today's New York Daily News illustrates --- yet again --- how foolhardy that is. And this one is a doozy (yes, yet another one)...

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By Brad Friedman on 2/27/2012 11:21am PT  

My full story on this is at Salon today. But, here's the skinny.

It looks like Indiana's now-former Republican Sec. of State, Charlie White, who was found guilty of three voter fraud felonies and three other felonies early this month, has now been sentenced.

And it also looks like the old adage --- It's Okay If You're a Republican (IOKIYAR) --- continues to ring true in the Hoosier State. Despite being the top election official in the very first state in the union to institute disenfranchising polling place Photo ID restrictions, Charlie White has gotten off with a slap on the wrist, essentially, for three intentional voter fraud felonies, and the three others he was found guilty of as well.

His sentencing hearing was held last week. He pretended to be contrite before the judge (unlike when he appeared days earlier on Fox "News"), so it turns out he'll serve just one year in home detention for all of his crimes. The sentencing, naturally, has left him "elated."

The fates of other, less Republican, less high-ranking folks however, such as those who were prosecuted with the full force of the federal government during the George W. Bush Administration's unprecedented, if failed attempt to ferret out "voter fraud" crimes, were not quite as lucky. Unfortunately, they were used as fodder to help Republicans push for those polling place Photo ID laws (which would have failed to deter either them or White from committing voter fraud) by Bush's wholly politicized Dept. of Justice.

For folks like Wisconsin's Kimberly Prude and Florida's Usman Ali, to name just two examples of those who were caught in that buzz-saw, and who each committed far less egregious --- far far far less egregious --- crimes than those intentionally committed by White, the legal system was not nearly as kind.

Prude, who tried to rescind her own absentee vote before the 2004 election, immediately after learning from her probation officer that she was not allowed to vote --- despite never having served time in jail and being on felony probation for having passed a bad check four years earlier --- was forced to serve more than a year in prison. Ali, who never even voted at all, had it even worse. He was deported to Pakistan where he hadn't live in more than 10 years, destroying his life in this country for not just himself, but for his American wife and daughter as well.

I tell the whole story --- of White's virtually scot-free sentencing, as compared to Prude's and Ali's --- in my story today at Salon. Please give it a read.

As you might expect, the moral, once again, is: IOKIYAR.

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