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?...

Guest editorial by Ernest A. Canning

"I think democracy is the most revolutionary thing in the world," former British MP Tony Benn said when interviewed by Michael Moore in Sicko! --- "more revolutionary than socialist ideas…because...you have the power to use it to meet the needs of your community."

"If the poor in the U.S. and Britain turned out to vote for people who represent their interests," Ben continued, "it would be a real democratic revolution."

There is a fundamental difference between guarding against being co-opted by the corporate interests which presently control the leadership of both the Republican and Democratic Parties and refusing to vote altogether as an infantile form of protest...

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...

[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"...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Guest blogged by Ernest A. Canning

Last Friday, Aug. 5, in a 15-page letter [PDF], the American Civil Liberties Union (ACLU) asked the U.S. Department of Justice to deny pre-clearance of South Carolina's photo ID law, as signed into law by Gov. Nikki Haley (R), pursuant to Section 5 of the Voting Rights Act. Pre-clearance must be denied if the law was enacted for a discriminatory purpose or if it has "the effect of denying or abridging the right to vote on account of race or color."

As the Voting Rights Act of 1965 addressed specific barriers to voting that had been enacted by the Jim Crow South, the ACLU letter, of necessity, focuses upon the disproportionate impact upon South Carolina's African-American electorate who are amongst the 178,175 registered South Carolina voters who do not possess the forms of photo identification required by the state's new polling place Photo ID restriction law. However, the ACLU's discussion of pretextual justifications for the Palmetto State's new law exposes a GOP intent to suppress the vote on the basis of class as well as race not only in South Carolina but in the spate of similar photo ID laws that are being pushed in state after state by the GOP, and supported by their paid partisan shills in the right-wing media...

Guest blogged by Ernest A. Canning

"I don’t want everybody to vote," Paul Weyrich, co-founder of the billionaire-funded Heritage Foundation and the Moral Majority, said while addressing a right-wing Christian audience in 1980. "[O]ur leverage in the elections goes up as the voting populace goes down," he added after he denigrated those who seek "good government" through maximum, informed voter participation as people who suffer from the "goo goo syndrome."

Voter suppression has long been a staple of American politics, but the tsunami of new restrictions on the polling place now being rammed through by newly-elected Republican majorities in state after state is unprecedented, certainly since the era of Jim Crow was supposed to have been ended by the Voting Rights Act of 1965.

While most Americans may think of the poll tax and literacy tests as forms of voter suppression associated the Jim Crow South, the confirmation hearings of the late U.S. Supreme Court Chief Justice William Renquist included sworn testimony from former U.S. Attorney James Brosnahan and others reflecting that, as an early 60's GOP activist, Renquist intimidated African-American and Hispanic voters in AZ by challenging their ability to read.

1965's Voting Rights Act outlawed both the poll tax and literacy tests. In more recent times, pursuant to a 1987 federal court consent decree, and a subsequent provision of the National Voting Rights Act of 1993, another GOP suppression tactic, "caging lists," was banned, though as documented by the BBC's Greg Palast, the Bush administration-led Plutocrats didn't let a little matter like illegality get in the way of their use.

21st Century voter suppression operates under cover. Or it had, until the new wave of legislation being passed by GOP legislatures across the country began hitting its stride. Until FL's then-governor Charlie Crist overturned it, for example, the state banned convicted felons from voting even years after they'd been released from prison. In Armed Madhouse, Palast asserts that prior to the 2000 Presidential election, FL's then Sec. of State Katherine Harris, appointed by Gov. Jeb Bush, the brother of candidate George W. Bush, purged 94,000 "felons" from the state's computerized voter rolls, though the only "crime" at least 91,000 were guilty of was "being Black, Democrat or both."

Over much of the past decade, voter suppression efforts have been bolstered by bogus "voter fraud" claims leveled at groups like ACORN, who aided in the registration of those who might be likely to vote against the GOP (minorities and the working class); "non-partisan" GOP astroturf groups like the phony American Center for Voting Rights (ACVR) created after the 2004 election solely to create and spread false propaganda about a Democratic "voter fraud" epidemic; laws meant to increase the legal risk to real non-partisan organizations for assisting in registration; draconian polling place "photo ID" restriction laws, and in a reduction of opportunities for early voting.

With the tide of GOP victories at the ballot box last November, those efforts have now been ramped up and are now front and center in some 30 state legislatures across the country...

It's Election Day today, but a 90-year-old Republican will not be voting after the ID nightmare she faced when moving to Virginia. As it turns out, her birth certificate did not match her married name (ya think?), but even though she also brought a driver's license, proof of her new residence, a Medicaid card and a bank card, she still had problems getting the state-issued ID she'd need to vote today in VA.

After several trips to the DMV, --- luckily she's able to get there, several times apparently, unlike many other 90-year-olds --- Jean Earley was finally able to get that ID. But this story has twist ending. Go read it.

I'm sure John Fund and all the other GOP voter disenfranchisers are delighted with themselves. No doubt they haven't been this pleased since keeping those 80 and 90-year-old nuns from voting in Indiana last year.

What "right" to vote?

Guest Blogged by Alan Breslauer

Guest Blogged by Alan Breslauer

Art Levine at The American Prospect has a new must read piece titled, “The Republican War on Voting: Using the Department of Justice, friendly governors, and its usual propaganda outlets, the GOP has propagated the myth of voter fraud to purge the rolls of non-Republicans.” Here's a small taste of it...

Levine also draws quite a bit (and links to some) of The BRAD BLOG's years-long exposé coverage of high-ranking Republican vote-suppression cappo Mark F. "Thor" Hearne and his GOP front-group "American Center for Voting Rights" elsewhere in his detailed report.

In related news, John Tanner, the man in charge of the Justice Department's efforts to disenfranchise millions of voters until he was forced to resign after The BRAD BLOG captured and exposed him making crazy offensive comments on video (see below), has a new job, apparently. Tanner is reportedly now a fellow with the Alabama Law Institute - which provides the Legislature with legal expertise in drafting and revising laws.

Guest Blogged by Alan Breslauer

Neil Cavuto of Fox "News" had on Maryland state senator, Alex Mooney (R), to discuss Maryland Governor Martin O'Malley's plan to allow "illegals" to keep driver's licenses. For the most part, Mooney plays the Fox guest role perfectly --- bashing the plan that could help "illegals", calling the Governor a "strong supporter of Hillary Clinton" and repeatedly referring to his political opposition as the "Democrat" party. However, the Senator fails to follow Cavuto's lead when he tries to link the licensing of "illegals" to voter fraud (beginning at the 2:55 mark):

Unconvinced, Cavuto pushes his case by stating that some municipalities might accept the licenses granted to illegals to which Mooney gives in a little. With Mooney back on board, Cavuto proceeds to bottom line the issue:

Ouch! Only time will tell if the Senator is ever invited back to Fox "News".

During yesterday morning's contentious hearings in the House Judiciary subcommittee, featuring DoJ Voting Chief, John "Minorities Die First" Tanner, a staffer in that division who we've come to know contacted The BRAD BLOG to say "Tanner is lying through his teeth."

We asked the staffer --- who has requested to remain "anonymous" for obvious reasons --- to elucidate with details, which are now posted in full below...

The letter continues below...

We're up before the West Coast dawn this morning to monitor the hearings in the U.S. House Judiciary's Subcommittee on the Constitution, Civil Rights, and Civil Liberties featuring John "Minorities Die First" Tanner. His recent objectionable comments were originally video-taped and reported by The BRAD BLOG several weeks ago.

The most objectionable of those comments including his contention that it was a "shame" that elderly voters might be disenfranchised by a 2005 Georgia Photo ID poll restriction that he approved on behalf of DoJ and against the advice of four out of five of his career staffers, minorities would somehow benefit from it. His twisted reasoning was that "because our society is such that minorities don't become elderly. The way white people do. They die first."

Tanner, incredibly, is still the Chief of the Voting Section in the DoJ's Civil Rights Division.

It's being carried live and webcast on C-Span 3, as well as via the Judiciary Committee's own webcast.

Major points in our story so far...

• 10/8/07: BRAD BLOG video exclusive of objectionable comments made on 10/5/07 (thereafter picked up far and wide in the media).
• 10/9/07: Tanner's former colleagues say comments "false", "ludicrous", "cherry-picked".
• 10/12/07: Conyers pissed off about comments, and Tanner's earlier whitewashed "investigation" of Ohio 2004 election.
• 10/19/07: Obama writes Acting AG to demand Tanner be fired.
• 10/19/07: DoJ defends Tanner to AP. Says comments "grossly misconstrued".
• 10:24/07: Rep. Nadler says "obviously, he should be fired"
• 10:26/07: Kennedy writes Mukasey, asking if he'll review Tanner's record to consider firing if he's confirmed.
• 10/29/07: DNC calls for "immediate firing" of Tanner.
• 10/29/07: Tanner apologizes (sort of) for comments.

Beyond that, Progress Report has an excellent round up of Tanner's "Erosion of Voter Rights" during his tenure.

The hearings have now ended, but our notes from our Live-Blogging of today's hearings are below, along with video clips of the key, and most pointed exchanges...

A "Game of Chicken" is how Washington Post describes the current standoff in the Senate concerning the FEC nomination of GOP "voter fraud" zealot/operative Hans von Spakovsky. The nomination is currently at a standstill, along with three other FEC nominations that Senate Republicans insist be voted on along with him, in the wake of a hold registered by Obama and Feingold.

Senate Majority Leader Harry Reid's D-NV) incredible "deal" to slide HvS's nomination through has, for now, thankfully come to a standstill. But the resultant standoff could mean no operational FEC in 2008 as only two commissioners are currently left, and a minimum of four are needed to vote on anything.

WaPo's piece includes supportive quotes, in favor of von Spakovsky, from hard right partisan and former FEC Chair Brad Smith. Yet it fails to point out how much of a rightwing bomb-thrower Smith --- who charged in his own Redstate blog item last week that HvS is "currently under attack for being a Republican" --- actually is. Would WaPo have given such prominence to someone on the other side of the political spectrum?

You'll note, in Smith's piece, written prior to WaPo's, that he refers to Democratic "nutroots" as being responsible for the hold, along with "the campaign finance zealotry of Senator Feingold." Smith, apparently, forgot to mention that Feingold's co-sponsor on that bill was John McCain, who --- last we checked --- is a Republican.

In short, Smith argues in his Redstate diatribe, that though HvS may have participated in GOP-backed voter supression efforts when he served at the DoJ, nobody has complained about actions during his tenure over the last many months as an absentee appointee at the FEC. To which we say, yes, after the Fox has overseen the mutilation of the chickens in the Henhouse, by all means, let's elect him as chief meat inspector for the USDA.

Beyond that, and in teeing things up for this Tuesday's heaings in the House Judiciary Committee, set to star John "Minorities Die First" Tanner, the outrageously still-employed chief of the Bush DoJ Civil Rights Division Voting Section, Christy Hardin Smith suggests the GOP may be "throwing Tanner under the bus" in favor of von Spakovsky. She catches us up with the latest today in "Hans Down".

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...