Guest blogged by Ernest A. Canning

This week, the Minnesota Supreme Court heard the League of Women Voters' argument against language set to be used in a ballot initiative this November which, if passed by the electorate, would amend the state's constitution to require that valid, Government-issued Photo ID be presented at the polling place before voters are allowed to vote.

The initiative was placed on the ballot by the GOP majority in the state legislature, but, as we detailed earlier this month, the League has filed suit charging that the language used in the ballot question is extremely deceptive and that it fails to accurately explain how the constitutional amendment would change the voting system in Minnesota, while putting the legal rights of voters at risk.

During oral arguments (video clip posted below) in League of Women Voters of Minnesota v. Ritchie [PDF], veteran MN Supreme Court Justice Paul H. Anderson suggested that the issue before the Court, of whether the ballot question was misleading, was more profound than even the League's attorney, William Pentelovitch, was characterizing it.

The hearing produced the following remarkable colloquy...

If there was any doubt before, after several findings by several courts that the Wisconsin GOP's attempts to institute polling place Photo ID restrictions were in strict violation of their state Constitution, yesterday's verdict ought to (but probably won't) put a hard end to that question...

Guest Editorial by Ernest A. Canning

The ACLU attorneys representing the petitioners in League of Women Voters of Minnesota v. Ritchie [PDF] (Ritchie), which is scheduled to be heard by the MN Supreme Court on July 17, 2012, have set forth powerful arguments why the Court should remove a polling place photo ID initiative from the November 2012 ballot.

The MN Constitution mandates that a ballot question must truthfully inform voters of what it is they are voting on. The ACLU, following the same format it applied when it successfully prevented a similar photo ID initiative from being placed on the November 2012 ballot in MO, sets forth specific examples of how the ballot question, as enacted by MN's GOP-controlled state legislature, falls well short of that standard.

The ACLU argument may well succeed before the MN Supreme Court. However, as reflected by polls suggesting nearly 80% of Minnesotans support the adoption of photo ID restrictions, there is a very real prospect that the ACLU's legal objections will neither be heard nor understood in the utterly deceived court of public opinion...

Guest blogged by Ernest A. Canning

Good news for democracy. Bad news for the GOP deceivers and the billionaire sociopaths, like the Koch brothers, who fund them. Missouri's courts have shown that their state's nickname, "The Show-Me State," is apropos.

In Weinschenk v. State (2006), the MO Supreme Court struck down a GOP-enacted polling place photo ID law because it violated the Equal Protection clause of the MO Constitution which treats voting as a "fundamental right." It recognized a compelling governmental interest in preventing voter fraud, but observed that "the Photo-ID Requirement is intended to prevent only impersonation of a registered voter and will not affect absentee ballot or registration fraud."

As the GOP could not muster evidence of in-person impersonation, they failed to establish that their 2006 Photo ID law was narrowly tailored to achieve a compelling governmental interest. The Court, in Weinschenk, based on the facts presented, also determined that the 2006 GOP Photo ID law operated as an unconstitutional poll tax, thereby violating the 24th Amendment to the U.S. Constitution.

But since when have Republicans hell-bent on undermining our system of electoral democracy let a few negative court rulings or fundamental Constitutional rights stand in their way?...

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On Tuesday, we dismantled the latest absurd attempt by pretend journalist and real federal criminal James O'Keefe to demonstrate the rampant "voter fraud" that he and his Republican Party claim to be so pervasive in these United States so as to require polling place Photo ID restrictions guaranteed to prevent little, if any, voter fraud at all, while serving to deter hundreds of thousands of legal (disproportionately Democratic-leaning) voters from being able to even cast their legal vote on Election Day.

We noted that O'Keefe's silly new video purporting to show his proudly unnamed and unseen co-conspirators being told that no ID is necessary to register to vote via third party application is extraordinarily misleading at best, as it fails to note that all newly registered voters who failed to register in person are already required --- by federal law --- to show ID before voting at the polls for the first time. We did concede, however, that those O'Keefe's band of merry pranksters might fraudulently register could, potentially, go on to commit voter fraud via absentee ballot (if they wished to risk the high penalties of a felony). However, as we pointed out, the polling place Photo ID restrictions O'Keefe and his GOP friends are arguing for with his latest series of "Voter Fraud Investigation" silly propaganda videos, would do nothing to prevent absentee voter fraud.

It appears, however, in fact we may have given O'Keefe far too much credit in even conceding that much, as a followup article on our report elsewhere has since revealed.

Yesterday, Mediaite's Tommy Christopher cited our short-order dismantling of O'Keefe's latest ruse and that I had explained in the piece that I'm "currently on the road and don’t have enough time for [O'Keefe's] idiocy as is."

So Christopher did us the favor of picking up the ball at the point, humorously noting "so I generously made time for this idiocy, and found out that even O’Keefe’s absentee scenario is false"....

Convicted federal criminal James O'Keefe and his band of co-conspirators at his ironically named Project Veritas outfit have another new video in their "Voter Fraud Investigation" series out. So that means, naturally, they're misleading the public again.

This time, O'Keefe's video portends to show some of his courageous, unnamed and unseen cohorts at various voter registration centers in Minnesota, asking whether they can have voter registration forms to take home to "Thomas Brady" and "Timothy Tebow", so they can register them to vote. The unseen voices are heard asking the helpful public clerks whether ID is necessary for those folks to register to vote. They are told that ID is not necessary in order for them to submit registration forms.

You'll recall that with O'Keefe's previous video --- in which they committed polling place voter fraud during the New Hampshire primary in order to "prove" that polling place voter fraud exists in the Granite State, despite no more than, at best, two known incidents of it over the past decade in the entire state --- he claimed: "Unlike the establishment media, Project Veritas works to release full, unedited versions of its investigations and stories," before he then linked to a video purporting to be the "full, unedited version" of his New Hampshire "investigation" videos. What he linked to, however, wasn't the "full, unedited version" of those videos, as they failed to show, among other things, the (at least) one incident in which one of his partners was chased out of the polling place. In other words, O'Keefe lied. That's what he does.

So I don't know if he has released an "unedited" version this time or not. I'm currently on the road and don't have enough time for his idiocy as is, so I haven't checked to see if there's another version of this. But let's go ahead and presume, for the moment, that the following edited version accurately-ish represents what happened when he sent his people into Minnesota voter registration offices...

Okay. Now let's dismantle O'Keefe's latest horse shit...

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Guest blogged by Ernest A. Canning

Republicans in state after state across the country today, Memorial Day 2011, are remembering those who fought and died to protect our democracy by celebrating recent victories in their renewed effort to remove the right to vote for hundreds of thousands, if not millions, of legal American voters.

It's been just days since we filed "GOP Voter Suppression Shifts Into High Gear in State After State as 'Tea Party' Shell Game Exposed" on May 23, detailing new GOP-passed polling place Photo ID restrictions in states like SC and FL, but since then we can report that Gov. Rick Perry (R) signed a bill legalizing polling place photo ID restrictions in TX and Gov. Scott Walker (R) signed a photo ID restriction bill in WI.

Both of them, as opponents have documented over and over again, will serve to do little more than to disenfranchise far more legal (largely Democratic-leaning) voters than those who will be kept from fraudulently impersonating other voters at the polling place, which, as even most proponents admit when forced, happens almost never --- if it all.

Thankfully in at least one instance since our last report, Gov. Mark Dayton (D) of MN vetoed a photo ID measure passed by Republicans in his state. So there is one case, at least, where the memories of our fallen soldiers might be appropriately honored this weekend, as one governor has remembered to protect the very thing that so many of them died for.

Despite the fact that the U.S. Supreme Court upheld the enactment of Indiana's photo ID law in Crawford vs. Marion County Election Bd. (2008), both the new WI photo ID law, which may cost WI taxpayers $7 million to implement, and both the SC and TX photo ID laws, which do not even recognize student photo IDs, may be subject to significant legal challenges...