But Husted has lots of other irons in the fire to contend with, and we can only hope some legal action eventually will stop this one-man-band who is misusing his power as Secretary of State.
— A new federal court ruling preventing the state from enforcing a law that disqualifies provisional ballots, the ballots of last resort, when a voter shows up at the right multi-precinct polling place but casts his vote at the wrong precinct table due to poll worker error. Mr. Husted is expected to appeal the decision.
—A pending decision in a lawsuit filed by President Obama’s re-election campaign seeking to reopen the final days before the election to early in-person voting by all voters, not just military members and their families. That three-day window was closed under a law passed last year.
—A lawsuit filed last week by backers of a voter referendum on a GOP-enacted state elections law overhaul that Republicans have since repealed. The suit seeks to force the referendum on the Nov. 6 ballot and to kill Mr. Husted’s early voting directive in the meantime as an illegal reenactment of a portion of that now defunct law.
Unfortunately, conservatives think he isn't doing enough, and are demanding he purge the voter rolls so even more suppression can happen. I bet he goes along with this one - just a hunch.
— The promise of a new lawsuit by a group calling itself Judicial Watch to force Mr. Husted to purge voter registration rolls to reflect what it characterizes as discrepancies with U.S. Postal Service records. It has already filed similar suits in other states.
Most ordinary people think of election observers as people who come into third world countries to view elections to make sure the process is fair to all - like Jimmy Carter's UN group. In this country, the history of "Poll Watching" is much more dark, and was originally allowed by states that wanted to suppress the African American vote during the Jim Crow years after Reconstruction.
This year and true to form, the Republican Party wants to use Poll Watchers to intimidate voters in states like Ohio, where Secretary of State Husted is helping the cause by cutting out early voting on weeknights and weekends, prohibiting many minority voters from participating.
Rachel Maddow has done several great reports on "True the Vote," a group formed to allegedly combate "voter fraud" by placing watchers at polling places where they could signal officials if they saw something they thought was a "gotcha" moment.
To give you an idea of what True the Vote is all about, you have to see Their Official Website. It has nothing to do with wanting to make the process fair. It has everything to do with blocking voters from the polls.
Under "Latest News" here is just one article about Pennsylvania Voter ID filled with a sense of palpable disappointment that voters might actually get help in carrying out their right to vote:
The anti-ID crowd continues to have the wind taken out of its sails.
First, Pennsylvania plaintiff Viviette Applewhite gets a photo ID the day after the ACLU’s Voter ID challenge is shot down in court on grounds that the law disenfranchises no one. Now, PennDOT is rolling out its program to provide free voter identification cards to all Pennsylvania voters who can’t otherwise get a state photo ID
Yeah, that's a real bummer. It's too bad the State of Pennsylvania is helping more voters have a chance to vote. That spoils all the fun.
Here's the leader of True the Vote, Catherine Engelbrecht, speaking to her followers. She loves her some Voter ID Laws!!! Basically she is a vigilante bully who believes there is fraud where none actually exists, and she wants to make the process more difficult for everyone. She is an alarmist, and how dare she talk about "civil rights leaders" when some of them would roll in their graves at the thought of an all-white posse looking over an election. Her call for "Election Integrity" is a big dog whistle to the Tea Party because her goal is to favor the white vote over the minority vote.
But of course, there is still Ohio, with Tea Party sympathizer Jon Husted, the Secretary of State who is trying his best to do the one-man election body-block. Last week I posted this impassioned speech by State Senator Nina Turner on The Ed Show, expressing the outrage many feel towards Husted as he tries to rig the system against elderly and minority voters.
In a 15-page decision filed Aug. 27, Jonathan Allison concluded that Husted has the authority to remove Dennis Lieberman and Tom Ritchie Sr. from their posts.
“Furthermore, I believe the facts warrant removal and recommend that the secretary take such action,” Allison wrote.“It’s not justice when you already know the outcome of being put on trial,” he said. “A hearing examiner appointed by SOS Husted has agreed with his boss. This is not news.”
Husted spokesman Matt McClellan said the state’s chief elections official will make a decision Aug. 28 on whether to remove the two board members.
Lieberman and Ritchie were called to Columbus a week ago for a hearing in Husted’s office after they backed a motion to open Montgomery County’s early polls on weekends in the weeks before the Nov. 6 election, just days after Husted issued a directive ordering boards to adopt uniform weekday in-person early voting hours, with no Saturdays or Sundays.
. . . “We do not want to return to the long lines, the hours upon hours of waiting that took place in 2004 when J. Kenneth Blackwell was in Secretary Husted’s job,” Lieberman said. “Secretary Husted needs to follow Jennifer Brunner’s model in 2008 that led to a historic voter turnout and abandon Blackwell’s 2004 model that was a disaster and made Ohio a poster child for voter suppression.”
It turns out we have proof that Husted is all in cahoots with True the Vote - he was listed as a "featured speaker" for their Ohio State Summit Meeting, but after Rachel Maddow announced that on her show, he withdrew, to be replaced by Ohio State Senator Bill Seitz.
As Maddow reported, when True the Vote started in Harris County, Texas, the mainly white watchers showed up in African American precincts and intimidated registered voters. The group understood that they were intimidating people - but they seem to think that's okay. Hello Jim Crow!
Harris County, the biggest county in the state, is where a Tea Party group called the King Street Patriots launched an anti-voter fraud initiative called “True the Vote,” which recruited poll watchers and amped up fears over groups like the community organizing group ACORN.
Chad Dunn, a lawyer who is representing the Texas Democratic Party, told TPMMuckraker a number of witnesses have been interviewed by Civil Rights Division lawyers already. “We’ve gotten a number of reports — quite a few out of the Houston area — that poll watchers, King Street Patriot training poll watchers, are following a voter after they’ve checked them out and stand right behind them,” Dunn said. There’s at least a dozen reports that they could confirm with witnesses, he said. “Interestingly, it’s all in the polling places in Hispanic and African-American areas,” he added.
Terry O’Rourke, the first assistant in the Harris County Attorney’s office, told TPMMuckraker that there have been allegations of poll watchers talking to voters, which they are not allowed to do, as well as hovering over voters as they are waiting to vote. He said the complaints came from Kashmere Gardens, Moody Park, Sunnyside and other predominantly minority neighborhoods of the county.
Catherine Engelbrecht is the founder of both the King Street Patriots and True the Vote, in that order, and only months apart. Name and IRS status appear to be all that differentiates the two groups. The former, a 501c4, is a Tea Party group that lobbies for conservative issues, chiefly election reform; the latter is a 501c3 that takes a hands-on approach to making sure election reform is implemented—Dr. Jekyl and Dr. Jekyler.
The 2008 ACORN “scandal,” where ACORN was found with thousands of falsified voter registration forms, is partially what inspired Engelbrecht to form the King Street Patriots. Even though no fraudulent votes were cast, Engelbrecht’s King Street Patriots lionized the ACORN tale and used it as a mobilizing tool to recruit hundreds of volunteers for 2009 Election Day poll watching, mostly in black and Latino districts. . . .
. . . Only a handful of fraud cases were tried after the election, and none led to full convictions. Still, the King Street Patriots spun off as “True the Vote” and came out again for the 2010 elections—bulkier with more recruits, again at black and Latino polling places. A local Houston newscast noticed the bulge in poll observers and reported, “As the number of poll watchers have increased, so have the number of complaints.” A video True the Vote circulated at the time contained doctored photos of black people falsely pictured as advocating for voter fraud.
True the Vote’s lawyer Kelly Shackelford, of the Christian rightwing organization Liberty Institute, explained away the intimidation complaints this way: “Poll watchers show up for the first time and [the poll watchers are] a different color than them and they just don’t like that.”
"This is nothing more than uniform voter suppression, make no mistake about it. Ohio and four other states, Ed, have extremely cut early voting hours. And get this - in Ohio and Florida, they cut Sundays. We know exactly who their targets are. And again, in Cuyahoga County, African Americans make up 26% of the registered voters. But during 2008, early in-person voting, they made up 56% of the vote."
"How dare we forget how we got over in this country. How African Americans had to dodge the barks and bites of dogs, how they had to leap over grandfather clauses, and literacy tests, and poll taxes. And here we are in the 21st century with the elections officer who is supposed to adhere morally and legally to expanding the vote, but here he is suppressing the vote."
"And I'm going to tell you something, Ed, if you are poor, working class, middle class, elderly, African American, Hispanic, or a woman, you are SOL (sh** out of luck) when it comes to Republicans. They are making it very clear that they don't care - they are here to oppress, suppress, and they don't care how they steal the vote."
. . . [Governor Kasich] is MIA (missing-in-action) when it comes to this voting issue, and it's a shame.
. . . "If you extrapolate out the date from 2008, with the hours that have been eliminated unilaterally by the Sec. of State, about 200,000 Ohioans will be impacted by that. And if we remember, Governor Kasich beat Governor Strickland by about a 2% margin. Every vote counts and no one should suppress the vote.
And as far as I'm concerned, I don't care if people carry the title of Secretary of State or not - if you are a policy maker in the State of Ohio, if you are someone who cares about fairness and justice, it is all of our responsibility to stand up and tell the truth. And the truth of the matter is, it is Republicans who are suppressing the vote. And oh, by the way, over 180 bills were introduced in states across this country by GOP-led Legislatures. And I wonder why.
Could it be because President Barack Obama is an African American? I wonder.
Pennsylvania has a problem with their voter ID laws, but it's not because of rampant voter fraud as the Republicans want us to believe. In fact, as in most states, everyone agrees that voter fraud is almost non-existent. Yet state legislatures keeping passing laws forcing everyone to get a picture ID or lose their right to vote in the Presidential election this year. This will put the burden mainly on urban dwellers who use public transportation and therefore do not have a driver's license, as well as the elderly who have been voting for years, thank you very much, without a picture ID.
Unlike Florida and Texas, Pennsylvania is not a state covered by Section 5 of the Voters Rights Act which requires preclearance from the Justice Department before voting laws can be changed. Only states that had low voter turnout under 50% in the early 60s were required to follow the preclearance rule. So Pennsylvania will be a test state, and possibly ground-breaking for other "swing" states that might try to suppress the African American vote using Voter ID Laws.
The ACLU is taking the State of Pennsylvania to court, while the Feds are looking into whether the law will impede voting.
Lawyers for the American Civil Liberties Union of Pennsylvania and other groups will spend the next week in Commonwealth Court trying to persuade a judge to grant a swift and immediate injunction. The Republican-controlled legislature passed the law four months ago with the stated purpose of discouraging election fraud.
*snip*
The ACLU is suing on behalf of 10 Pennsylvanians who do not have driver's licenses and who contend that the photo-ID requirement violates the state constitution, depriving them of their right to vote.
In legal papers filed last week, the civil liberties group says that those 10 are the tip of a human iceberg, that as many as a million or more Pennsylvania voters lack the types of photo ID that the law requires.
The ACLU included in its filing a surprising concession from state officials: a written stipulation that the state cannot pinpoint any instance of the kind of voter-impersonation fraud the new law aims to prevent.
The state stipulated that it is "not aware of any incidents of in-person voter fraud in Pennsylvania," and has "no direct knowledge of in-person voter fraud elsewhere." State officials also said they would offer no evidence that "in-person voter fraud is likely to occur in November 2012 in the absence of the photo ID law."
In a three-page letter sent to Pennsylvania Secretary of the Commonwealth Carol Aichele on Monday, DOJ requested state data on registered voters as well as the state’s list of individuals with driver’s licenses and ID cards.
Additionally, DOJ requested information on the state’s efforts to educate voters about the new law as well as documents and records supporting a March 14 statement from the office of Gov. Tom Corbett (R) which claimed “99 percent of Pennsylvania’s already have acceptable photo IDs.” (The state’s own data did not support that figure.) Assistant Attorney General Thomas E. Perez requested Pennsylvania send the information to federal authorities within 30 days.
Pennsylvania has said that over 750,000 voters lack an adequate form of voter ID, a number greater than President Obama’s margin of victory in the state in 2008. One top Republican even said the voter ID law would help Mitt Romney win the state. As TPM reported, the public relations firm contracted to educate the public about the new voter ID law is stacked with Republicans.
Good discussion of this story on Hardball yesterday:
