Guest blogged by Ernest A. Canning

Since taking power in statehouses across the nation in 2010, Republicans have been feverishly implementing new restrictions on democracy in advance of the 2012 Presidential election. A number of those laws, clearly --- and often deceptively --- designed to carve out blatant partisan advantage for the GOP next year, were examined during a recent hearing by the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. The video of the hearing on "New State Voting Laws: Barriers to the Ballot" can be viewed here.

This is the second of our two-part analysis of the hearing.

In Part 1, we covered the subcommittee's examination of new polling place photo ID restrictions designed to make it more difficult for lawfully registered (and disproportionately Democratic-leaning) voters to cast their ballots at the precincts on Election Day. That issue --- which included some devastating cross-examination of long-time GOP "voter fraud" front-man Hans Von Spakovsky by Sen. Al Franken (D-MN) --- was the first of three categories, as defined by committee chair Sen. Dick Durbin (D-IL) of new state voting laws covered in the hearings. All of the new voter suppression laws have been recently rammed through Republican-majority statehouses across the country.

In this concluding piece, we will cover the two additional categories examined: laws erecting barriers to the ability of individuals and non-partisan, non-governmental organizations to offer convenient registration for new voters and laws imposing significant reductions on early voting periods. Both are likely to restrict the number of voters able to cast their lawful vote in 2012 and, again, each is likely to disproportionately affect Democratic-leaning voters.

Finally, We'll also touch upon the status of legal challenges to these new laws by democracy proponents and challenges to the Voting Rights Act itself by operatives on the Right. Moreover, it's impossible to look at any of these issues without drawing inferences about what the combination of new laws in all three categories means, particularly in light of the fact that the models for these new laws were drafted by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)...

Guest blogged by Ernest A. Canning

A nearly two-hour hearing in the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights earlier this month (full video available here), carefully examined the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP effort to enact new state voting laws across the country.

The coordinated, nationwide GOP voter suppression effort was aptly described by Judith Browne Dianis, a civil rights litigator at The Advancement Project, and a witness in the second three-member panel, as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

"Our country has not seen such widespread attempts to disenfranchise voters as we have seen this year in more than a century. Inclusive democracy is under attack," she testified, while Sen. Sherrod Brown (D-OH) described the "brazen" GOP attempts to undermine the right to vote.

Subcommittee Chair and Senate Majority Whip, Dick Durbin (D-IL) broke the new state voting laws into three major categories, and the discussions of each are worth covering here over two different articles. In Part 1 here, we'll cover the first category: Polling place Photo ID laws restricting the ability of lawfully registered voters to cast their ballot on Election Day. The hearing produced several remarkable face-offs, including between Sen. Al Franken (D-MN) and long-time GOP "voter fraud" front man Hans von Spakovsky (cue James Bond villain music), as detailed below.

In Part 2, we will cover the discussion of the other two categories at the hearing --- draconian new restrictions on voter registration, and laws which significantly reduce early voting periods --- plus a very troubling event that "reactionaries" have planned for the 2012 election, according to Dianis' testimony [UPDATE: Part 2 is now posted here]...

Reuters in 2008:

The BRAD BLOG last night, after the Georgia Board of Pardons and Paroles had denied clemency to a different prisoner:

Other than the confessed murderer being spared, and the man who maintained his innocence for 20 years being killed, I wonder if the Georgia Board of Pardons and Paroles saw any other significant differences between the cases of Samuel David Crowe and Troy Anthony Davis.

[Hat-tip @AngryBlackLady on Twitter.]

Troy Anthony Davis, 1968 - 2011

Despite 20 years asserting his own innocence; 7 of 9 witnesses having recanted their testimony, claiming police coercion; 3 jurors in the death penalty case having filed affidavits retracting their votes for "guilty" verdict; the murder weapon used in the killing of off-duty Savannah police officer Mark MacPhail never having been found; no physical evidence tying Davis to the murder; hosts of luminaries from Republicans Bob Barr and Michael Steele to Democrats like President Jimmy Carter to a former GA Supreme Court Justice to a former FBI Director and many more calling for him to be spared; and after 3.5 hours of secret deliberation by the U.S. Supreme Court who temporarily reprieved his execution at the last moment before denying a stay without explanation, Davis was killed tonight by the big government state of Georgia at 11:08pm ET.

In his last words, according to witnesses to the execution, Davis spoke to the family of Officer MacPhail in the front row, and told them again he was sorry for their loss, but that he was innocent, did not have a gun, and did not kill their "son, father, brother."

Finally, he said to the prison officials: "May God have mercy on your souls and may God bless your souls."

Davis' letter today to supporters...

Our previous coverage of the Troy Davis case, including our 2007 interview with the "forgotten victim", Larry Young, is here.

Some of our coverage via Twitter, of the last minute drama as it unfolded live over the last 5 hours in Georgia tonight, can be perused here.

UPDATE 9/20/11, 9:48am PT: Despite all that we have detailed below --- including witnesses who've recanted their testimony, jurors who've retracted their 'guilty' verdicts, scores of luminaries, former Presidents, current Popes, prosecutors, elected officials (both Republican and Democratic), judges, and law-enforcement officials who've called for Troy Anthony Davis to be spared, along with Amnesty International's description of the state's decision today as "unconscionable" --- the Georgia Board of Pardons and Paroles has denied Davis' final appeal for clemency this morning.

Barring a last minute intervention from someone, somehow, somewhere (please see and sign this), the Big Government lethal injection killing of Georgia's citizen Davis will proceed at 7pm local time Wednesday night.

The "Tea Party" protests over the outrage are scheduled to begin never.

In August of 2007, Troy Anthony Davis was just weeks away from his then scheduled execution in the state of Georgia when The BRAD BLOG ran the following article, including an exclusive interview with Larry Young, the "forgotten victim" in the Davis case who now, like 7 of the 9 witnesses in the case, has recanted his testimony. Young says, as you'll read, that he was left to bleed while the police coerced him into identifying Davis as the assailant, even though he had never seen him before.

One of the only witnesses to not retract his testimony is Sylvester "Redd" Coles, who was with Davis before the 1989 murder of Savannah Police Officer Mark Allen MacPhail, whom Davis has been convicted of killing. During a party in June of 2009, Coles reportedly claimed to have been the actual assailant.

Davis' execution was delayed in 2007 as new evidence was presented, but he is now, once again, scheduled to be killed at 7pm local time on Wednesday, pending a grant of clemency by the Georgia Board of Pardons and Paroles (BPP), the sole authority able to commute his death sentence to life in prison with or without the possibility of parole.

Since Emily Levy's exclusive article below ran on August 3rd, 2007, citing both the Indigo Girls and the Pope in calling for Davis to be spared, a host of dignitaries, such as President Jimmy Carter, former FBI Director William Sessions, former far-right Republican U.S. Congressman Bob Barr of Georgia, and former Georgia Supreme Court Chief Justice Norman Fletcher, have all asked the BPP to grant clemency to Davis.

Moreover, among witnesses heard during today's impassioned hearing before the board was Brenda Forrest, a juror who voted to sentence Davis to death at his 1991 trial. According to to the Atlanta Journal-Constitution tonight, Forrest "now says she has doubt about her verdict and is asking the board to grant clemency. Two other jurors who voted to sentence Davis to death have signed affidavits asking the board to spare Davis from execution."

In her affidavit, Forrest says "she learned information that makes her no longer believe the case against Davis was ironclad. 'I feel, emphatically, that Mr. Davis cannot be executed under these circumstances,' she said."

The BPP has adjourned for the evening, having postponed deliberation until tomorrow on the fate of the man who has maintained his innocence without fail for 20 years now. (It had been only 17 years at the time of Levy's original article for The BRAD BLOG). In light of the possibility of the ultimate Big Government abuse of power being exercised against a citizen on Wednesday, it seems an appropriate moment to revisit Levy's original, and disturbing, exclusive...

The Indigo Girls and The Pope Agree: Troy Davis Should Not Be Executed
After 17 Years on Death Row, Davis Will Have Opportunity To Present New Evidence
The 'Forgotten Victim' Speaks in a BRAD BLOG Exclusive...

Special to The BRAD BLOG by Emily Levy - Originally published 8/3/2007

"The part what really makes me mad is the part that I don't know who hit me. You know, it might sound weird, but that'd be a little bit of closure for me to know who done it. You know, because when I got hit, and I hearin' somebody clicking a gun by my head about three, four times, and that gun not going off. You know, for a lot of years I've been hearing that click and I've been hearing that gun going off. Jumping up out of my sleep."
--Larry Young, July 2007, 18 years after he was attacked in the parking lot of a Savannah, Georgia Burger King.

You might think Larry Young would know who hit him, because two weeks ago the man who was convicted in the case came within 24 hours of being executed by the State of Georgia. But Larry Young doesn't know because he, like nearly all the witnesses whose testimony originally convicted Troy Anthony Davis of the assault on Young and the murder of a white police officer that night, doesn't believe Davis is guilty. Next week, the testimony these witnesses want to give, testimony that will show their original "witness statements" were coerced by police, will finally be heard...

Guest editorial by Ernest A. Canning

On his Tuesday radio show, syndicated over the public airwaves on some 200 stations, Rightwing talk show host Neal Boortz said:

His entire rant, appearing to encourage the vigilante murder of unnamed "thugs" across the major Atlanta metropolitan area, can be heard below.

The question now is: Did Boortz incite murder over our public airwaves and should he be prosecuted for it? Moreover, will complaints be filed by the public at the FCC's website (hit the "Take Action" button there, if you'd like to file your own complaint), demanding an investigation and prosecution for the potential crime and/or sanctions against the affiliate stations who broadcast it to the public?...

Canadian-based Dominion Voting Systems has quietly announced its second acquisition of a major U.S. voting machine company in as many months and, right out of the gate, they've lied about it. Not an auspicious beginning for the company which may now, virtually overnight, have become the dominant private e-voting machine company in this country.

In our recent breaking coverage detailing the SEC's fraud lawsuits filed against Diebold and a number of their top executives --- including their former Chief Financial Officer who, as we reported exclusively back in 2007, was the top earner from an apparent insider sell-off at the company just days before its stock would plummet from its all-time high on the announcement of spinning off their troubled election division to a "new" company renamed Premier --- we noted that Diebold/Premier's assets had recently been purchased by a small Canadian firm by the name of Dominion Voting. But Dominion hasn't stopped there.

Their purchase of Diebold/Premier's assets was actually made from ES&S, the world's largest voting machine company, who was forced to divest of the assets they'd purchased from Diebold (previously, the second largest voting machine company in the country) for $5 million last year, as part of an anti-trust suit settlement with the DoJ.

In our coverage, we noted the comment of Dominion CEO John Poulos who, in the company's press release [PDF] announcing the Diebold/Premier asset acquisition, stated ominously: "We are extremely pleased to conclude this transaction, which...will allow Dominion to expand its capabilities and operational footprint to every corner of the United States."

Indeed, the DoJ-scuttled ES&S merger with Diebold/Premier had been legally challenged since, among other reasons, the merger of the largest e-voting company with the country's second largest would have given a single company control of at least 70% of all votes cast in the nation.

What we had replaced for length, however, with the ellipses in Poulos' quote above, was this [emphasis added]: "We are extremely pleased to conclude this transaction, which will restore much-needed competition to the American voting systems market and will allow Dominion to expand its capabilities and operational footprint to every corner of the United States."

How much is Poulos actually interested in "restor[ing] much-needed competition" for "the American voting systems market"? Apparently not so much, as according to a company press release [PDF] quietly issued late in the afternoon on Friday, June 4th, Dominion has now also acquired what had previously been the third largest voting machine company in the U.S., Sequoia Voting Systems.

Not surprisingly, that late Friday announcement didn't say anything at all about "competition".

Worse, as The BRAD BLOG has confirmed, the new press release from Dominion simply lied about what the company has and hasn't purchased from Sequoia, a company which had lied themselves, for years, about the real ownership of its proprietary voting systems...

On this coming weekend's Ring of Fire on Air America Radio, attorney/co-host Mike Papantonio can't stop laughing as he reads our headline from last week: "Georgia Supreme Court Rules Unauditable, Unverifiable Elections Are Just Fine".

Though they give me the credit, it was Rady Ananda's story here last week which expertly covered Diebold's wholly unverifiable touch-screen voting machines receiving the thumbs up for use across the entire state of Georgia, where they've been using them since 2002. That, even though there is no way to determine that any vote ever cast on any of them has ever been recorded accurately as per any voter's intent.

Once Pap stops laughing at our headline, he and David Bender discuss the article noting its even more terrifying "subtext", our previous coverage of the horrifying ES&S takeover over of Diebold's election division.

"Bad as Diebold was, it's now gonna be ES&S, their largest competitor ... ES&S may be the single voting machine company --- this one Goliath that will be unaccountable, unauditable to anybody --- and that's really where we're headed," Bender accurately warns. He advises folks to call Congress at 202-224-3121 in support of Sen. Chuck Schumer's demand for a DoJ antitrust investigation on this matter. We'll also point you to BlackBoxVoting.org who instructs how you can send your own antitrust complaint to the DoJ.

Finally, after Pap details ES&S' legendarily monumental "screw-ups" over the years (his firm was one of those who took on the state of Florida and ES&S after their voting machines simply lost 18,000 votes cast in the 2006 FL-13 U.S. House race, decided for the Republican candidate by just 369 votes), they go on to say some extraordinarily kind things about our work here at The BRAD BLOG.

My thanks to both Pap and David along with the swell Ring Of Fire producers for tipping us off with the exclusive heads-up in advance of this weekend's show --- both for their coverage of this issue, and for those exceptionally kind accolades.

Here's the 4.5 minute conversation [MP3] to air this weekend:

Guest Blogged by Rady Ananda

On Monday, the Georgia Supreme Court ruled [PDF] that unauditable voting in the state does not infringe upon the fundamental right to vote and to have that vote counted. In 2002, Georgia was among the first in the nation to implement Diebold touch-screen voting machines across the entire state.

The lead plaintiff, Garland Favorito, was astounded. "This ruling essentially gives the state a license to pretend to conduct elections. Not one of the 100+ million votes that have been cast on the machines since 2002 can be audited for accuracy and correctness of vote recording." ...

Guest blogged by Steve Heller of Velvet Revolution

The lead attorney for the plaintiffs in the civil RICO lawsuit King Lincoln v. Blackwell in Ohio has served a document hold request to Georgia Sec. of State Karen Handel in advance of the December 2nd run-off election between incumbent U.S. Senator Saxby Chambliss (R) and his opponent, Jim Martin (D).

Today's letter from attorney Cliff Arnebeck (posted in full at the end of this article) requests "any records of official investigation of the reported use of uncertified patches by Diebold in two Democratic Georgia counties in 2002, reported by former Diebold consultant Chris Hood."

It also requests "protocols, inspection and audit procedures that have been prescribed to protect against other introductions of uncertified patches into federal elections in Georgia."

And, in an effort to preempt any planned improprieties in the upcoming Georgia run-off election between incumbent Senator Saxby Chambliss (R) and his opponent, Jim Martin (D) --- particularly given the 2002 history of Diebold-run Senate elections featuring Chambliss --- Arnebeck also requests Handel's "confirmation that all … records for the runoff election will be retained for the federally prescribed 22 month period."

That last request, echoing a call for same made recently by The BRAD BLOG, comes at a moment when the stakes for the Georgia election could hardly be higher. The 22-month retention of memory cards and hard drives from electronic voting systems is frequently ignored by election officials, despite the federal statute requiring all materials from elections be securely stored for that full period. Unfortunately, memory cards and hard drives are routinely erased and re-used, despite the federal law.

In Georgia, that has been a peach of a problem for those concerned with election integrity...

As of the end of Day 3 of hand counting paper ballots in the MN U.S. Senate race between Democratic challenger Al Franken and incumbent Republican Norm Coleman, the total number of challenged ballots by both camps has now ballooned to more than 1500, even as the official gap of ballots that have now been tallied (versus the challenged ballots that will be adjudicated later by the state Canvassing Board) shrank slightly to 115. Franken's camp, however, now puts that number at less 100, based on their calculations of how election officials initially judged a number of those challenged ballots.

After Day 2 on Thursday night, when the gap had stood at just 129 votes , we noted the quickly growing number of challenged ballots by each party, which would likely end up determining the final results of the election. The numbers of those challenged ballots has now increased exponentially, with just over 60% now counted out of 2.9 million originally cast.

Unlike Georgia, where another U.S. Senate race from November 4th is still undecided, at least there are ballots to be challenged...

Guest Blogged by Katherine Forrest of The Commonweal Institute

Why Georgia? There's strongly suggestive evidence that the 2002 senatorial election in Georgia was stolen. That was the first election in which Diebold DRE (Direct Recording Electronic, usually touch-screen) voting machines were used statewide. Republican Saxby Chambliss beat front runner Democrat Max Cleland, with an astounding 12-point reversal of the vote count compared to pre-election polls. A last-minute "patch" had been applied covertly by Diebold staff to multiple voting machines throughout the state.

Now the Senate race hangs in the balance in Georgia again...