Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

I was joined today by The Nation's Ari Berman on my KPFK/Pacifica Radio show to discuss his new article today in Rolling Stone on "The GOP War on Voting". See my report on his article from earlier in the day right here.

This was an important discussion about an important article about one of the most important issues to directly effect the outcome of virtually every election in the nation in 2012. None of that, apparently, given what the rest of the MSM decided to cover today, is any where near as important as whether John Boehner will allow the President to speak to a joint session of Congress on Sept 7th or or whether it'll have to be on Sept 8th, and whether Christine O'Donnell or Sarah Palin will appear at a "Tea Party" event this weekend in Iowa.

And you wonder why we're in the mess we're in.

My conversation on "The GOP War on Voting" with Ari Berman today follows...

Download MP3 or listen online here [appx 27 mins]...

[NOTE: Ari Berman, author of the article discussed below, joined me on my KPFK/Pacifica Radio show today. That interview is now posted here. - BF]

While readers of The BRAD BLOG may be familiar with many of the items covered in Ari Berman's fine new article "The GOP War on Voting" at Rolling Stone today (and in its Sept 15, 2011 issue on newsstands), it's great to have a summary of all of the latest state-based assaults on voting rights instituted to date, in the wake of last year's Republican wave election, all in one place.

Berman covers all of these and more in his piece on the "unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that elected Barack Obama in 2008," described by one civil rights advocate as "the most significant setback to voting rights in this country in a century"...

What the hell is the matter with Mississippi and their elections all of a sudden?!

You'll recall that two weeks ago, e-voting system failures --- such as machines that wouldn't boot up at all and votes that were counted twice --- created chaos during Mississippi's state primaries, leading one official to declare days afterward, as they were all struggling to sort out results of several close elections: "At this point there is no election...Everyone is baffled."

Then, last week, we reported on the Jones County, MS election clerk who asked for, and received permission from, the county Board of Supervisors to remove the so-called "paper trail" printers from his county's 100% unverifiable Diebold touch-screen voting machines because, as he told the board reportedly (with a straight face), "the voting machines record every vote and there is no way for them to be tampered with."

(That Jones County Circuit Clerk, Bart Gavin, has still not replied to our request for comment hoping to determine whether he's just hopelessly clueless, or something worse.)

And now comes this, from Rankin County, MS in advance of today's Democratic gubernatorial run-off election...

The Jones County, Mississippi, slogan is "A Great Place to Live." While this may or may not be true, and I've never been there, it's clearly not a great place to vote. At least if voting in a way that is verifiably accurate for the citizenry is something one might care about. A remarkable statement by the county's Circuit Clerk, and a unanimous decision in support of it by the County's Board of Supervisors this week, has made that as clear as can be.

You may recall that just last week, e-voting system failures --- such as e-voting machines that wouldn't start up at all and votes that were counted twice --- led to chaos and uncertain results in Mississippi's state primaries, leading one official to declare days afterward, as they were all struggling to sort out results of several close elections: "At this point there is no election...Everyone is baffled."

Against that backdrop then, behold what Jones County, MS, Circuit Clerk Bart Gavin is now calling for --- and receiving unanimous approval from the Jones County Board of Supervisors for(!) --- as irresponsibly reported without even a hint of fact-checking by Laurel Leader-Call reporter Charlotte Graham under the laughably misleading headline, "Improving the voting process" [emphasis added]...

The OC Weekly's Matt Coker picked up on my Monday report describing my experience over the weekend at the Orange County Registrar's booth at the Orange County Fair wherein my attempt to try out their 100% unverifiable Hart Intercivic electronic voting system, um, didn't work out too well.

Coker's amusing take on the apparent system failure that occurred while I was testing it out with assistance from employees of the OC Registrar's office is described as "akin to making an illegal U-turn in front of a motorcycle cop. ... or letting it slip to 'Woodstein' that Tricky Dick audio taped everything in the Oval Office."

His coverage is much briefer than mine. So if you've yet to read my account of what happened and want a more-to-the-point version, please see Coker's piece.

For the record, for those who've asked, no, I've yet to hear back from either OC Registrar of Voters Neal Kelley or from anyone at CA Sec. of State Debra Bowen's office about what happened on Sunday. I've contacted all them via email, with a link to my original article, seeking comment. If I hear back from any of them substantively, of course, I'll let you know.

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

So I forced myself to take a few hours off yesterday. As too often happens, it turned into a busman's holiday.

We took a trip out to closing day at the Orange County Fair in Costa Mesa, CA, had a great time in the bargain, and even shared a bunch of fun/snarky photo tweets throughout the day (see here, here, here, here, here, here, here, here, here, here, here, here, here, and here if you're interested, or are not otherwise already a Twitter follower of @TheBradBlog.)

It was all fun and games and sassy social observation until we had the good fortune to chance upon a booth being run by the Orange County Registrar of Voters Neal Kelley, where two delightful representatives of the office where on hand to help folks register to vote and to offer a demonstration of the country's 100% unverifiable Direct Recording Electronic (DRE) voting system.

As I would come to learn, the two delightful representatives of the office had no idea that their own e-voting system was actually 100% unverifiable until I explained to them how that was the case. Equally as troubling, as I was testing out one of the Hart Intercivic eSlate demo systems set up for voters to try and learn how to use them, it failed on me while I was running through the demo ballot created for fair goers...one of my selections disappeared entirely...or at least appeared to...

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

Okay, so it's Nicole Sandler, not "Micole", but it makes for a more alliterative headline, so too bad.

I'm back on deadline on the exclusive series I've been working on for a few weeks. So, for the moment, here's just a few of the more fun media appearances I've done lately, in the wake of Tuesday's recall elections in Wisconsin. Looks like I was able to help, if only momentarily, to turn the topic --- on a few Progressive airwaves anyway --- away from the idiotically premature horse race nonsense (Iowa Straw Poll anyone?), to the far more important track conditions that otherwise almost never get discussed on air at all...until it's too late...

Stephanie Miller Show (this morning, appx 17 mins total)

Includes my appearance in the first few minutes and then, after I'm gone, continuing discussion of the points raised during it by callers throughout various moments during the rest of the show. One of those moments was a caller who identified himself as Derek Woodward from Alton, PA who was clearly (and purposely) misinformed about the GOP push for disenfranchising polling place Photo ID restrictions.

"Why would you not want to ensure that only the people that can vote are eligible to vote?," asked the Woodward. The responses he received from Stephanie and Jim Ward and a caller or two were great. My work here is done!

Okay, not really. So here's just a couple of articles to support their responses on that question which arises in light of the Rightwing disinformation masters who purposely misinform gullible folks like Woodward...

• How to Cast a Ballot in Indiana if You Don't have a State-Issued Photo ID
• Students, Nuns Denied RIGHT to Vote in Indiana Today Following Supreme Court Approval of State Photo ID Restrictions
• Matthew Vadum, Master of Misinformation, Subverts the Truth With More Democratic 'Voter Fraud' Lies

Ed Schultz Show (this morning, w/ Guest Host Mike Papantonio of Ring of Fire, appx 13 mins)...

On today's BradCast on Pacifica Radio's KPFK here in Los Angeles, I picked up on all that's transpired over the last several days in the Wisconsin recall mess, as reported at The BRAD BLOG of late, including yesterday's late-night concerns about our old friend Kathy Nickolaus, the GOP activist and County Clerk of Waukesha County which played a key role in last night's drama and reported results.

Other links of note, as quickly referenced during the show, the blocking of exit polls (only) in Waukesha yesterday, the miselading absentee mailers from the Kochs' Americans for Prosperity and the Kochs' AFP front group front man in WI.

After an opening rant or three, my guest, straight from Wisconsin, was former Green Party chair Ben Manski of LibertyTreeFDR.org, MoveToAmend.org, WisconsinWave.org and DemocracyConvention.org on what happened yesterday in the Badger State and how to move the democracy ball forward in the future against the enormous forces working to crush it (even more than they already have.)

As discussed, democracy is now under direct assault, very generally, in at least three and seemingly insurmountable areas:

• Access to the polls (Photo ID restrictions, etc.)
• Overseeing tabulation of votes (E-voting issues)
• Corporate control (Citizens United and the obscene flood of corporate $ bastardizing the entire electoral/democratic system)

Luckily, we were able to solve all three of those issues in 28 minutes of commercial-free radio, the archive of which follows below for your listening pleasure...

Download MP3, or listen online below...

P.S. I'll be live on Stephanie Miller's show tomorrow (Thursday) at 8am PT, and then on Ed Schultz radio show at 10am PT. Tune in if you're inclined!

[8/10/11: Now UPDATED with statement from the WI Government Accountability Board concerning the problem for Exit Pollsters in Waukesha County yesterday. See bottom of article for statement.]

The polls in Wisconsin closed moments ago. So far, so good in the state's unprecedented recall elections today, at least according to the bulk of media reports throughout the day. Turnout was reportedly very high, nearing or even exceeding rates from the 2008 Presidential election in some areas. "It's astronomically high," according to Matt Rothschild, Editor of The Progressive in Madison, WI, with whom I was just on air with on Santa Fe Public Radio's KSFR to discuss today's recalls.

The contests in six state Senate districts could mean removal from office for the GOP Senators facing recall today following their support of Gov. Scott Walker's anti-union agenda. If Democrats take three of those seats --- and hold onto the two Democrat seats up for recall next Tuesday, they would retake the majority in the Senate. The Assembly, the Senate and the Governor's office all went to Republicans in last November's wave election.

While reports of problems with electronic voting systems frequently don't come to light until after polls close --- sometimes days and even weeks later --- we've heard of very few problems so far at least. With most of the voters in the state today voting on hand-marked paper ballots, voters shouldn't get held up by malfunctioning machines. Even in cases where the op-scanners fail to work --- and that has been the case, reportedly, in at least one ward in Fond du Lac --- voters can vote and their ballots can be tallied later by a different computer.

That WI doesn't bother to check any of the op-scanned ballots by hand to assure the machines are tallying them correctly is a different problem entirely, but one we discussed in our item earlier today and, depending on what results look like tonight, may need to discuss again later.

But so far, so good today, as far we can tell, except for yet another problem with Exit Pollsters --- an echo of similar problems that occurred during the July primaries --- where again today they were blocked from doing their work at a polling place in Butler Village...in Waukesha County...