The disputed upcoming special election in California's Senate District 15 may be on hold, at least for a day or two, as a federal district court has ordered [PDF] the five counties involved in the election to withhold the distribution of absentee, overseas and military ballots, pending the results of a hearing now set for May 20th in federal district court.

Yesterday, U.S. District Court Judge Jeremy Fogel set next week's hearing, requiring the state "to show cause, if any they have, why they, their agents, servants, employees and those in active concert or participation with them, should not be restrained and enjoined pending trial of this action from accepting any ballots, including absentee ballots, or operating any polling place in connection with the special primary election" as currently scheduled.

The compressed schedule for the election has given rise to complaints from county registrars, concerns that the hastily set date for the contest would lead to disenfranchisement of overseas military voters, and a lawsuit filed by Hispanic voters charging the election fails to comply with federal Voting Rights Act of 1965.

Rather than consolidating the special election with pre-existing general election dates, Governor Arnold Schwarzenegger recently declared the special election --- to fill a vacancy in the state Senate following his appointment of former State Senator Abel Maldonado as Lieutenant Governor --- would take place on June 22nd.

In two previous articles, The BRAD BLOG has detailed how the issue has rankled election officials and voters alike, yet the Governor's office has so far failed to make accommodations for those serious concerns from several different corners...

Lewis Black knocked it outta the park on last night's The Daily Show...

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IN TODAY'S RADIO REPORT: Climate bill finally drops in the Senate --- but can it pass?; UK eyes offshore energy development as well (but goes for wind, not oil!) ... PLUS: Blame Game Round Robin as the BP "Oilpocalypse" continues on record pace and hopes hang on a "top hat"... 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': Oil Spill Hinders Space Shuttle Fuel Tank Delivery; Will ban on Gulf fishing help out fish?; Solar can provide 22 percent world's power by 2050: IEA; Venezuela Offshore Rig Sinks; Exxon CEO Whines About Push To Cut Big Oil’s Subsidies; Bisphenol A's 'twin' may have more potent hormone effects; N.M. Salt Beds Could Become Nation's Nuclear Dump ... PLUS: For Summer Sentinels, a Firefly Count ...

Info/links on those stories and all the ones we talked about on today's episode follow below...

It seems the corporate lobbyist/GOP strategy for opposing everything is now officially to charge: "It's a Government takeover of [fill in the blank]!!!"

No matter what it is. And no matter whether it's actually a "government takeover" of anything or not.

As the rightwing corporatists seem to feel the strategy found some purchase in the healthcare insurance reform debate, it looks like they'll be recycling this line for just about everything. (See our recent coverage of the CA power company's "power play" to use a "government takeover of electricity" scare to trick voters into supporting the outrageous Prop 16.)

The latest corporate scheme/campaign to employ the strategy is the AT&T-funded telecom industry's latest assault on Net Neutrality. Assuring the Internet stays open to all would be a "government takeover" of it, according to the newly launched propaganda campaign (their first deceptive video is posted at the bottom of this article) which kicked off yesterday with the help of, naturally, Grover Norquist.

The new, cynical assault on the public also offers us a good excuse to re-post a pro Net Neutrality campaign video in which your humble host played a small but enjoyable role...

One item we weren't able to cover in today's Green News Report, but which should be noted here, comes from today's Washington Post...

So that means, as Think Progress notes, so far the clean up costs for BP have amounted to a little less than four days of profits for them. "At $93 million a day in profits, BP makes $350 million in about 3.8 days."

It seems that recklessness for the fossil fuel industry remains a very safe business model for the time being.

In 1990, following the Exxon Valdez oil spill in Alaska, federal legislation was passed to make oil companies responsible for the cost of clean up from such disasters, and liable for up to (a paltry) $75 million in damages. While Congress is currently considering legislation to raise that cap from $75 million to $10 billion, there remains a question of whether or not such legislation would be retroactive to cover damages from the Gulf oil disaster or not.

If it does, as "the largest oil producer in the Gulf of Mexico," and one of "the world's five largest companies," according to WaPo, BP ought to be able to handle it.

Not that they ultimately will have to.

As both WaPo and TP remind us, thanks to a recent decision by the Bush Supreme Court, the "punitive damages against Exxon for the 1989 Exxon Valdez oil-tanker spill were originally set at $5 billion in 1994 but were reduced on appeal. The company agreed last year to pay less than $1 billion, including interest."

It's good to be king a corporate "person".

CORRECTION: Currently proposed federal legislation would raise the cap on damages to $10 billion, not $5 billion as we originally wrote above. The article has been edited to correct that error. By the way, even at $10 billion, says Daphne Wysham at Huffington Post today, the damage to property and to the fishing and tourism industries, as well as others, could eventually far exceed even that much. As Wysham notes in concurrence with the above: "Crime pays for BP."

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IN TODAY'S RADIO REPORT: Another string of deadly tornadoes hits the Plains; Another deadly coal mine explosion; Another toxic toy recall ... PLUS: The Blame Game begins on Capitol Hill as oil industry executives blame each other, and BP runs out of ideas ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA': LA Times: Climate change is the true crisis; Ash cloud closes Spanish airports; Romaine lettuce recall expands; China issues strict rules to meet emissions targets; Univ. of Va. "exploring options" on Cuccinelli climate change subpoena; Climate scientists decry 'political assaults'; Report: Climate change could render much of world uninhabitable ...PLUS: Earth may be too hot for humans by 2300: study...

Info/links on those stories and all the ones we talked about on today's episode follow below...

After all these years, not much has changed for the denialist jurisdictions that still insult their voters by using 100% unverifiable electronic voting machines.

Pittsburgh's WTAE filed a report last week with a ring of exhausting familiarity --- at least to long time readers of The BRAD BLOG. This one stars, as usual, both an open, unsecured door to the warehouse, and an election official --- in this case, Allegheny County Pennsylvania's Election Division manager, Mark Wolosik --- claiming he's "seen" no problems before, so everything is just dandy, nothing to worry about when it comes to his support of the use of 100% unverifiable electronic voting systems by his county's voters...

Guest blogged by Ernest A. Canning

On California's June ballot this year, a measure paid for and deceptively represented by one major corporate sponsor, Pacific Gas & Electric (PG&E), purports to be a "Taxpayers Right to Vote Act." In truth, the initiative represents one corporation's attempt to pervert the "citizen's initiative" process by spending millions to deceive voters into believing they can push back against the vaguely socialist-sounding notion of "government-run electric service."

The measure is anything but a "Taxpayers Right to Vote Act," and that name itself has even been out-and-out rejected for use on the ballot by the state's Attorney General --- not that it has stopped PG&E from misleadingly selling it that way to the public in a multi-million dollar television ad buy and direct-mail propaganda campaign...

Two quickie items from Public Citizen's latest DontGetRolled.org "e-newsletter about the movement to curb corporate influence in politics and restore our democracy," as brought to my attention by Ernie Canning today...

Guest blogged by Ernest A. Canning

If a picture is worth a thousand words, this short ad from Friends of the Earth says it all about the obscenity that is the Republican slogan, "Drill baby, drill!" The ad was released almost contemporaneously to Sarah Palin's insistence on "drill here, drill now" despite knowledge of the devastation unfolding in the Gulf states as a result of the BP disaster...

I wonder if that one is "too confusing" for Fox "News"?

It's not just the troops and the election officials who are now acting on concerns of disenfranchisement. Now the Hispanic community and Democrats are charging the Governator's special election dates will "thwart voter turnout within minorities communities".

On the heels of The BRAD BLOG's coverage yesterday reporting on worries that thousands of overseas and military voters could be disenfranchised by CA Gov. Arnold Schwarzenegger's order for an early special election schedule in the state, and that election officials were "outraged" by the timing and concerned about the costs, minority groups and the Democratic Party are now filing suit to halt the impending election, charging the compressed dates are in violation of federal law.

A nine-page complaint [PDF] was filed in the Northern California U.S. District Court today by three Hispanic plaintiffs seeking "a temporary restraining order, a preliminary injunction and a permanent injunction" to halt the impending June 22nd special primary election date to fill a vacancy in Senate District 15 following the appointment of Abel Maldonado as Lt. Governor. The lawsuit is being funded by the state Democratic Party.

The suit charges that the short time-line for the special election schedule did not leave time for the required preclearance of the election dates under Section 5 of the federal Voting Rights Act. Monterey County, one of five included in SD 15, is covered by Section 5, a provision which requires the Dept. of Justice to pre-approve changes to voting laws in jurisdictions around the country where minorities have been historically disenfranchised.

Yesterday, retired twenty-year armed services veteran and Monterey talk-radio host Scott Dick detailed how the expedited special election schedule meant that ballots could not possibly be printed and sent to military family and personnel serving overseas prior to the 45-day minimum requirement of the federal Military and Overseas Voter Empowerment (MOVE) Act. He charged that there will not be enough time for those voters to receive and return their ballots in time to be counted in the special election.

State election officials, The BRAD BLOG has learned, share similar worries...

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IN TODAY'S RADIO REPORT: The latest on the BP oil disaster in the Gulf - one leak contained, another dome in position; Other things happening that aren't in the Gulf (solar panels on paper, anyone?) ... PLUS: Playing politics with disaster in the Gulf (who could have foreseen it?!) ... 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': Saudi-funded Fox News rejects ad by veterans group arguing against Middle East oil dependence; Obama EPA delays coal ash regulations; Factory farms take federal money but refuse to disclose pollution; EPA staffers say they were forced to ignore science; More bad news: Another mining death in W.Va. ...PLUS: Cancer panel: 'Grievous harm' posed by unchecked chemicals in U.S. ...

Info/links on those stories and all the ones we talked about on today's episode follow below...

[UPDATED: Santa Cruz, CA, County Clerk/Registrar and Vice President of the CA Assoc. of Clerks and Election Officials (CACEO) Gail Pellerin saw our article just after it went up, and wrote to both thank us for covering it, and to express her outrage over the Governor's decision here. She points us to a letter sent by clerks to his office earlier this week, and also notes that "Military voters are definitely disenfranchised" by this move. See the UPDATE at the end of this article for more comments and detail from Pellerin. - BF ]

[UPDATED AGAIN: Hispanic voters file federal complaint, charging violation of Voting Rights Act. Details at bottom of article - BF]

-- Guest blogged by Scott Dick

Governor Arnold Schwarzenegger is effectively disenfranchising at least 2,046 overseas California voters around the world, including military personnel stationed in combat zones in Iraq and Afghanistan by calling a special election for June 22, 2010.

Background: The Senate seat from California's Senate District 15 was recently vacated when Schwarzenegger's nominee, Abel Maldonado, was confirmed and sworn in as the new Lieutenant Governor. He was appointed as a replacement to the elected John Garamendi who was recently elected to the U.S. Congress in a special election filling the seat of Ellen Tauscher who had been appointed by the Obama administration to a post in the U.S. State Department.

Schwarzenegger set the date for the special election to fill Maldonado's Senate District 15 seat as June 22, 2010, virtually eliminating the ability of overseas voters to participate in the election.

While not directly violating the federal Military and Overseas Voter Empowerment Act (MOVE Act) signed into law October 28, 2009, he is most certainly violating it in spirit. The law was designed to ensure the rights of overseas civilians and deployed military personnel to participate in federal, state and local elections. For federal elections it requires ballots to be sent out 45 days prior to an election to allow the Department of Defense time to process those ballots. If a state requests a waiver they must do so 65 days before the election. The law was passed with a 45 day minimum requirement for a very good reason --- a reason that Schwarzenegger seems willing to ignore, unless he can be convinced to change the date of the election, and quickly...

Hilarious. Fox "News" refuses to run the following :30 second ad --- which MSNBC and CNN have already been running without problem --- from VoteVets.org, on the grounds that it's "too confusing", according to Ben Smith at Politico:

"Too confusing"? The only thing too confusing about it for Fox "News" viewers, perhaps, is that it may not sync up with their spoon-fed Republican/Fossil Fuel Industry political propaganda programming. The ad might just blow their circuits or something.

Why anybody still refers to that network without putting quotes around the word "News," as we have been doing here for years, is beyond us. And oh yeah, why does Fox "News" hate both the troops and free speech?!

Just in tonight as tabulation continues in Ohio's primary election today. Via Josh Sweigart at Middletown Journal:

Long-time readers of The BRAD BLOG will remember that similar "glitches" affected the 2004 Presidential Election in the Buckeye State when the election night reporting website went down late in the evening, was moved to the "back up servers" of a far Rightwing firm in Chattanooga, TN, before coming back up to show that George W. Bush had taken the lead over John Kerry.

That system was created by Mike Connell, the GOP's IT guru who, in 2008, was subpeonaed for a deposition in a long-standing 2004 election fraud suit, only to die in a mysterious plane crane just weeks after the election, before he could testify in open court. Computer security experts have long charged that the results of Ohio's '04 Presidential election may have been compromised by a so-called "man in the middle" computer attack as the servers changed locations that night.

Similarly, in the hotly contested 2005 Special Election contest between Jean Schmidt (R) and Paul Hackett (D) for Ohio's 2nd Congressional District seat, central tabulator computers went down during late-night counting in Clermont County, only to come back up showing Schmidt with the lead over Hackett.

Whether something similar could be going on tonight in Butler County remains to be seen, but the attacks on the servers certainly seem worth noting here should further information become available over the next few hours, days, or weeks.

[See end of article for an UPDATE on the above story.]

In another part of Ohio, Cuyahoga County (Cleveland) experienced its own predictable failures with its ES&S precinct-based optical-scan vote tabulators during pre-election testing over the weekend. 89 of the county's 1,200 machines (6%) froze up entirely during those tests...