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Von Spakovsky 2.0

by digby


Biden mentioned the latest caging gambit
in his speech this morning and progressives in Michigan are gearing up for it:

Stop McCain’s Plan to Deny Votes of People Who Have Lost Their Homes

Sign below and tell John McCain and the Republican Party to stop their outrageous plans to prevent Michigan residents who have lost their homes to foreclosures from voting this November!

Republican Party officials have admitted they plan to suppress the vote in November of families that have lost their homes. Plans include party officials who will monitor polls on election day and use foreclosure lists in an attempt to stop voters who have lost their homes from casting their ballots (MI Messenger 9/10/08).

Families who have lost their homes to foreclosure should not be kicked when they are down. Their homes have already been taken away from them because of the disastrous economic policies of the last eight years and the unfair, policies of the Bush administration.

Do not take away their right to vote this November. Having lost their homes, losing their right to vote would be a slap in the face of all Americans.

Here’s the story:

Republican leaders have since disavowed plans to use foreclosure lists as part of their plan to challenge the eligibility of some voters, but an attorney for the party, Eric Doster, did confirm that the party would use returned mail to challenge voters based on residency. As veteran Republican activist Allen Raymond told Michigan Messenger in a recent interview, holding down Democratic turnout is a key part of Republican strategy for victory in November.

Raymond knows about Republican campaign tactics. For almost a decade he managed campaigns for Republicans running for state and national office. In the 2002 New Hampshire elections, he ran a phone-jamming operation aimed at blocking elderly people from arranging rides to the polls, an illegal action that he says was approved by the highest levels of the party. He spent three months in federal prison. Earlier this year Raymond published a book about his life and work as a Republican operative, titled “Confessions of a Republican Operative: How to Rig an Election.”

As for our report that the Michigan GOP planned to use foreclosure lists to block likely Democratic voters, Raymond said: “It’s a very good tactic. It works.”

“It is actually a very smart thing to do,” he went on, “particularly in this climate with so many foreclosures.”

For Republicans, he said, targeting the foreclosures would be a cost-effective and “probably” legal method of reducing Democratic votes.

If he were still in the election business, he said, “I’d be doing that all day long.”

Raymond explained how he would use foreclosure lists.

“You would go into certain geo-political areas and make a selection based on voter history and performance, and then what you would do is look for foreclosures within those geopolitical areas, and you would mail letters, and then those letters would come back and say that that person’s not there any more because their house has been foreclosed on, and they get challenged,” he said.

He explained why it makes sense for Republicans to seek to disqualify people who have lost their homes.

“If you look at who is being foreclosed upon, it is going to be sub-prime [borrowers]. Sub-prime [borrowers] are generally going to be low-income people, and low-income people are generally going to be Democratic voters.”

“You got to remember this is a cost-per-contact business,” he explained. By targeting households in foreclosure, for the price of a letter and first-class postage, Republicans get a high rate of return, because people in foreclosure are very likely to move and to have their mail returned.

Raymond estimated that people might have moved out of as many as a third of homes listed as foreclosed. “That is a huge number,” he said, noting that people enduring the stress of foreclosure are not likely to think to change the address of their voter registration.

Raymond said that, barring some legislative action, Republicans will be free to challenge people who’ve lost their homes at the polls.

“They will get challenged and they will get denied,” he said

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John Fund, who’s recently written a book on “voter fraud” said on Bill Maher that the Republicans would be challenging every provisional ballot, which means if the race is close it could get thrown into the conservative courts. It’s unlikely that would happen, just as it’s unlikely they could cull enough voters from foreclosure lists to swing an election. But a lot of this is just designed to create havoc at the polls on election day and make the process so arduous that busy people with jobs and kids and lives just don’t have the time to wait.

The last presidential election I had to vote by provisional ballot. Even though I’d been on the same voter roll for 15 years, for some reason my name didn’t show up. It happens even by acident. But it took me nearly an hour to vote. After standing in line for 30 minutes, I had to go through many hoops before I could get my ballot. People were very nice, but it was a frustrating experience. I can only imagine what happens in someplace with a high population density and fewer machines — and you’re already late for work.

They’ve built this vote suppression machine since the 1980s. There is absolutely no reason to believe they will not use it — particularly in an election that’s going to be won or lost on turn out among first time voters.

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The Lists You Have

by digby

My reader JN from Wisconsin writes in with news of the latest vote suppression effort:

The state elections agency is investigating complaints about a massive campaign mailing Republican Sen. John McCain’s presidential campaign has directed toward Wisconsin Democrats and other voters.

Each mailing includes at least one copy of the state application for an absentee ballot that has the address of a local clerk and a box for postage printed on the other side.

But in some cases, the incorrect clerk’s address is printed on the application, leading some Democrats to wonder if the Arizona senator’s campaign is deliberately trying to get them to apply for absentee ballots in places where they aren’t eligible to vote.

“They’re trying to knock me off the rolls,” said Democrat Beverly Jambois, of Middleton. “I can’t tell you how upsetting it is to me. This is how you win elections? By disenfranchising other voters?”

Her household received the flier this week addressed to her husband, Robert, a lawyer for the state Department of Transportation. The couple are registered to vote in Middleton, but the absentee ballot application was addressed to the city clerk’s office in Madison.

A McCain campaign spokeswoman said in a statement the mailing mistakes are “certainly not intentional” but she wouldn’t answer questions. The statement also said the mailing went to “potential supporters across the spectrum.”

Mark Jefferson, executive director of the state GOP, said the mailing is not intended to keep people from the polls and that the wrong absentee ballot applications resulted from incorrect information in databases used for the mailing.

“You do the best with the lists you have, and no list is perfect,” Jefferson said. “There is certainly no type of suppression effort going on.”

Jefferson said the mailing was directed to hundreds of thousands of voters.

This is a form of caging and is part of the Republican vote suppression program. You’ll recall that it was featured in the US Attorney scandal, not that anything came of it. Here’s Greg Palast:

Goodling testified that Gonzales’ Chief of Staff, Kyle Sampson, perjured himself, lying to the committee in earlier testimony. The lie: Sampson denied Monica had told him about Tim Griffin’s “involvement in ‘caging’ voters” in 2004.

Huh?? Tim Griffin? “Caging”???

The perplexed committee members hadn’t a clue ­ and asked no substantive questions about it thereafter. Karl Rove is still smiling…

Here’s what you need to know ­ and the Committee would have discovered, if only they’d asked:

1. ‘Caging’ voters is a crime, a go-to-jail felony.

2. Griffin wasn’t “involved” in the caging, Ms. Goodling. Griffin, Rove’s right-hand man (right-hand claw), was directing the illegal purge and challenge campaign. How do I know? It’s in the email I got. Thanks. And it’s posted below.

3. On December 7, 2006, the ragin’, cagin’ Griffin was named, on Rove’s personal demand, US Attorney for Arkansas. Perpetrator became prosecutor.

The committee was perplexed about Monica’s panicked admission and accusations about the caging list because the US press never covered it. That’s because, as Griffin wrote to Goodling in yet another email (dated February 6 of this year, and also posted below), their caging operation only made the news on BBC London: busted open, Griffin bitched, by that “British reporter,” Greg Palast.

There’s no pride in this. Our BBC team broke the story at the top of the nightly news everywhere on the planet ­ except the USA ­ only because America’s news networks simply refused to cover this evidence of the electoral coup d’etat that chose our President in 2004.

And now, not bothering to understand the astonishing revelation in Goodling’s confessional, they are missing the real story behind the firing of the US attorneys. It’s not about removing prosecutors disloyal to Bush, it’s about replacing those who refused to aid the theft of the vote in 2004 with those prepared to burgle it again in 2008.

It’s quite clear that these operations are still going on. Why wouldn’t they be?

If any of you see news items in your local papers like that one above, please send it to me and I’ll post it. It’s tough to do anything about this stuff, but at least we can document it. As Palast notes above, they were thrilled that the US Networks refused to cover these stories and I doubt they will cover them this time. After all, they’ve got pigs and lipstick scandals on their plates and they just don’t have the time to connect these dots.

Update: Here’s more on Wisconsin. And my correspondent also notes that John Fund (who is peddling a book on “voter fraud”) was on Maher last night and claimed that Republicans would be challenging a lot of provisional ballots in battleground states. So — if the election is close it might not be decided immediately — and could be decided by courts. Gosh, I wonder how that would turn out?

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Two Ground Games

by dday

I’ve written a fair bit about, and I still believe in, the Obama campaign’s leap forward in the ground game, and how this will eventually help them in the final analysis. The Seminal posted a long, link-heavy piece about this today, and Time did a feature as well.

For the next month, the Obama campaign’s ground focus is on finishing up the stunning gains in voter registration that it and the Democratic Party have made. Since January alone more than 3.5 million new voters have been registered in 17 of the 23 states tracked closely by the Obama campaign where information is available. Three states — Florida, Michigan and North Carolina — have seen increases of more than 400,000 new voters, and 10 more states have recorded new registrations of more than 100,000. Though these numbers include registrants to all parties, in 14 of the states at least half of the new voters are under 35, a key demographic for Obama.

“We’re on pace to hit goal,” says Jason Green, a 27-year-old Gaithersburg, Md., native who is Obama’s national voter registration director. “I would love to exceed goal.” Green, not surprisingly, isn’t in the mood to get specific about what that goal is, though he does say that it is “in the millions,” and that the bulk of the voters will be in the 18 battleground states, including Ohio, Pennsylvania, Virginia, Florida, Michigan, Wisconsin, Colorado and New Mexico (though drives have been mounted in all 50 states). Green is also happy to share the news that they registered more than 100,000 people over Labor Day weekend, capitalizing on the wave of excitement coming out of the convention in Denver.

Harold Ickes, whose company essentially put together the voter list that Obama is currently using, is quoted in the article saying that “(The McCain campaign) should not pooh-pooh the ground game that Obama is mounting; it’s a formidable one. I don’t think in my experience in Democratic politics there’s ever been anything like it.” Of course it takes a lot of money and even more staff and volunteers to make sure this very new vote actually gets to the polls, but Obama has both.

All of that is great. But of course there are two ground games. I’m not talking about the Republican GOTV efforts; I frankly think they’ve misjudged how many new voters the Obama campaign has the potential to activate. I’m talking about the Republican ground game to suppress the vote, which is starting to take shape.

First there’s the campaign to delegitimize absentee balloting, headed by our old friend Hans Von Spakovsky. This is from an article he wrote for something called “Spero News,” asserting a stolen election in Alabama in the 1990s:

…The most important lesson of Greene County is that absentee ballots are extremely vulnerable to voter fraud. The case shows how absentee ballot fraud really works, and it is a reality very different from the claims of partisans and advocacy groups. More broadly, the case shows how voter fraud threatens the right to free and fair elections and how those most often harmed are poor and minorities. This directly rebuts the usual partisan conspiracy theories about voter fraud.

According to the self-appointed liberal guardians of the poor, practically every effort to legislate against or prosecute voter fraud is intended to keep minorities and the poor from voting at all. Concern over voter fraud, say some partisans, is simply Republicans’ cover to intimidate voters and raise obstacles to minority voting. Indeed, groups like the NAACP argue that racism and intimidation are the motivation for voter fraud prosecutions, and some prominent Democrats dismiss voter fraud as virtually nonexistent. As a result, prosecutors are intimidated from fighting vote fraud for fear of the political consequences, and elections continue to be stolen.

He’s tipping his hand here, that absentee ballots will be challenged by Republican officials wherever the vote is close.

Then there are the ongoing disputes over ballots and voter registration forms, which are occurring throughout the country right now. We learn in the article that Republicans are trying to keep Bob Barr off the ballot in Pennsylvania, trying to stop organizations like the League of Women Voters from registering voters in Florida, as well as trouble with de-certified and re-certified voting machines in Colorado. And then there’s this:

Virginia: Virginia is neck and neck this year, to the surprise of Democrats and Republicans alike. At this point, Democrats appear to have an advantage, thanks to an aggressive voter registration effort by the Obama campaign, which has been especially successful in registering young voters. Republicans have responded to the surge in voter registration by raising the tried-and-true boogeyman of voter fraud. In addition, some local registrars in Virginia have been incorrectly—though perhaps innocently—telling college students who legally register to vote in their college towns that by doing so they “could no longer be claimed as dependents on their parents’ tax return … and could lose scholarships or coverage under their parents’ car and health insurance.” Which candidate wins Virginia could well depend on which campaign is able to turn out its voters.

Finally, there’s this major issue that I flagged a couple months ago, but now we’re seeing Republicans seek to use it as a strategy – taking the foreclosure crisis and connecting it to suppression operations:

The chairman of the Republican Party in Macomb County Michigan, a key swing county in a key swing state, is planning to use a list of foreclosed homes to block people from voting in the upcoming election as part of the state GOP’s effort to challenge some voters on Election Day.

“We will have a list of foreclosed homes and will make sure people aren’t voting from those addresses,” party chairman James Carabelli told Michigan Messenger in a telephone interview earlier this week. He said the local party wanted to make sure that proper electoral procedures were followed […]

The Michigan Republicans’ planned use of foreclosure lists is apparently an attempt to challenge ineligible voters as not being “true residents.”

One expert questioned the legality of the tactic.

“You can’t challenge people without a factual basis for doing so,” said J. Gerald Hebert, a former voting rights litigator for the U.S. Justice Department who now runs the Campaign Legal Center, a Washington D.C.-based public-interest law firm. “I don’t think a foreclosure notice is sufficient basis for a challenge, because people often remain in their homes after foreclosure begins and sometimes are able to negotiate and refinance.”

As for the practice of challenging the right to vote of foreclosed property owners, Hebert called it, “mean-spirited.”

Well that’ll stop them. After all, they don’t want to be seen as “mean-spirited.” By the way, Michigan isn’t the only state talking about this; GOP officials in Ohio have the same idea. And remember, swing states like Nevada and Florida have among the highest concentration of foreclosures in the country.

I know that lots of people focus on e-voting machines and hacking, but the ground war is where votes are really stolen, through intimidation, suppression, bogus challenges and ruthlessness. And with Obama’s strategy relying heavily on new voters (and now, with little room for error), the battle over the vote becomes even more pronounced. Sunshine is obviously important; in fact, it has brought about small victories, like the VA relenting and allowing voter registration at stateside veteran’s facilities. But we need more than sunshine. We need an army of lawyers who are aggressive and unrelenting.

You can educate yourself about your voting rights at The Brennan Center or The Lawyer’s Committee for Civil Rights Under the Law, as well as your local registrar. Know your rights, and know the rights of your friends and relatives, to boot.

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Obama’s Big Bet – The Power Of The Ground Game

by dday

Over the past few days, a fair number of high-profile progressive bloggers have been, to put it mildly, flipping out about Barack Obama’s campaign style and his chances in November. Josh Marshall thinks there need to be consistent lines of attack against McCain. John Aravosis thinks Team Obama is in a bubble and this is feeling like the Democratic campaigns of the past. Matt Stoller thinks it’s time for message testing to find the attack that’ll work on McCain.

All of these are very smart people who want Obama to win – some of them were his staunchest supporters in the primary – and see it slipping away. I think they all make points which are valid to varying degrees. But they are failing to totally account for the X factor of the election, an X factor which is going virtually unmentioned throughout the blogosphere – the historic ground effort that the Obama campaign is banking on to win. It is not without peril, but it is a very new thing, and I think we have to understand it if we want to understand the twists and turns of this election.

It’s true that McCain has gained in small but measurable ways in most polls over the past month. It’s true he has found a couple lines of attack against Obama and hammered them consistently. It’s true that the combination of Obama’s world trip and his vacation in Hawaii, along with the crisis in the Caucasus, has made McCain more present in the campaign than at virtually any other time.

This is also the way that the traditional media, particularly the cable news media, looks at the campaign. Something happens in their line of sight – a Swift Boating, a tough political ad, a bad convention – that convinces the public en masse to vote one way or another. In the historical aftermath of these elections, narratives get set up to “explain” how a candidate won or lost. But the reality is that campaigns are much more complex. They have a life that goes beyond advertising and day-to-day attacks on the stump. And I truly believe that the majority of them are won or lost on the ground.

As bloggers, we are essentially writers, and as such creative people, who tend to focus on the creative aspects of the campaign (“Obama should do an ad that says X!!!”). There is a whole other aspect, and as much as it pains me to say it, here’s David Broder – gah! – capturing it:

But the Obama folks are not leaving it to chance. Plouffe said that “turnout is the big variable,” and the campaign is devoting an unusually large budget to register scads of new voters and bring them to the polls. “That’s how we win the Floridas and Ohios,” he said, mentioning two states that went narrowly for George W. Bush. “And that’s how we get competitive in the Indianas and Virginias,” two of six or seven states that long have been Republican — but are targets this year.

“That’s why I pay more attention to the registration figures than to the polls I see at this time of year,” Plouffe said. “The polls will change, but we know we need 200,000 new voters to be competitive in Georgia, and now is when we have to get them.”

That mind-set — take care of business and don’t worry about irrelevancies — is what struck me in talking to Obama’s team in the primary states. Here, as in the states, they seem singularly devoid of turf battles or personal feuds.

Joe Rospars, who coordinates the computer files for organization, fundraising and communications, tested my limited knowledge of that world with a half-hour seminar on how these things work together. Rospars, who had a similar job in Howard Dean’s 2004 campaign, said that “the big difference this year is not the technology, it’s the coordination.”

Mike Lux said that was the first time he’s EVER heard a top Presidential campaign head say something like that about the importance of voter registration, and I agree with him.

One of the very few blogs which has charted this sea change in the importance of field is the estimate 538, where Nate and in particular Sean Quinn have detailed the advantage between the two campaigns at this point. Keeping in mind that we’re 77 days out, some of these numbers are simply incredible. Obama has a 3:1 lead in field offices, behind in only one battleground state (Florida). His edge in voter contacts – knocking on doors and making phone calls – is maybe 35:1, and that’s probably an extremely conservative estimate. Sean today gave context to this TPM report about McCain’s spending advantage on television by looking at the big picture:

Readers here know that Barack Obama is dwarfing John McCain’s ground operation; we’ve written about it repeatedly. Those thousands of paid organizers are not working for free. The field offices and the phone lines and the Blackberries and the reimbursed travel miles are not free. Moreover, Barack Obama pays his organizers out of the Campaign for Change, which is funded by Obama’s own campaign; McCain’s are mostly paid by the coordinated committees which in turn are funded by the RNC, RNSC and RNCC, further impacting the way spending numbers are attributed to each campaign.

While millions may be spent on advertising, so too is one campaign spending millions on ground game while the other is spending virtually nothing. Obama is investing more massively than any campaign in the history of American politics on the ground game. McCain is essentially not investing in ground. His early summer numbers of 20,000 phone calls nationwide for a whole month would be those of a single, low-budget House campaign. That’s the equivalent of one person working ten hours a day for a month. For the entire nation. It’s basically the equivalent of zero contacts. When Martin writes that McCain’s ground campaign is revving up, it’s essentially starting from nothing and is now in 1st gear […]

As the story hits the discussion slipstream, hopefully it will not be framed as “hey, look at this surprising development, the guy with more money is being outspent because he’s foolishly and riskily airing TV ads in lesser battlegrounds.” Sure, Obama is spending plenty on ads, and he is spending advertising dollars more broadly (and thinly) than is McCain. But people are also failing to appreciate of dollars spent on the dramatic all-in move that Obama has made in organizing and neighbor-to-neighbor persuasion.

I have seen this first-hand over the weekend, when I talked with people who attended Camp Obama, a two-day organizing seminar held throughout the country. There were over 200 volunteers at one Los Angeles location, all of who are now empowered to be organizers with defined roles to play for the rest of the campaign. Most of the more senior organizers who ran the Camp Obama meetings and are running field operations in all 50 states were volunteers on the primary campaign who were gradually given more and more responsibility. The mantra of the weekend was that “this is a numbers-driven, people-centered campaign,” and the goals of the organizers were to get more volunteers to make more contacts to reach the targets set by the campaign, which are nothing short of massive. Southern California is adopting the Las Vegas congressional district in Nevada, and the timing of calls and trips and voter contact aligns directly with deadlines on voter registration and early voting. The contacts made now are going to go into that voter file for GOTV later. The goal is nothing short of reaching every persuadable voter in all of Clark County between now and the election, and they’ve already had a heck of a head start.

This money for field, which is where the real cash advantage is being held, is frankly likely to pay more dividends than any 30-second ad or exchange on the stump. In fact, we’re already seeing the effects in the surges in Democratic voter registration throughout the country, such as the big uptick in Miami-Dade County and elsewhere. They are learning from their mistakes in the primary (in Philadelphia, for example, there will be street money in the fall). And unlike in 2004, when the haphazard field efforts of John Kerry and outside groups like ACT fizzled and disappeared shortly after the election, this infrastructure will be sustained and enduring, built to strengthen the party for the next couple decades.

For all the talk of post-partisan “unity,” Barack Obama has been proving himself the most party-focused presidential candidate in recent history–possibly ever. Paradoxically, although Obama’s success has been more dependent on personal charisma than any recent nominee’s has, he’s been leveraging that charisma to build a broader Democratic infrastructure less dependent on the presidential nominee […]

In the months that have followed, the Obama campaign has announced plans for training camps that will turn out thousands of new organizers dedicated to electing Democrats, and has signaled that it will spend millions in blood-red states where Democrats haven’t seriously invested in building party infrastructure for decades. The campaign has constructed a fundraising machine based around small-donors that promises to end the age-old competition for dollars between different wings of the Democratic establishment, enabling the creation of a unified electoral strategy. It has argued that “real change” requires the sort of legislative successes that only a strong congressional party can produce. In short, the candidate running on his exhaustion with traditional party politics has directed his campaign to build a new kind of Democratic Party–one that may put to shame anything that came before it.

(do read that whole article.)

So that’s the bet – that Obama can enlarge the core Democratic demographics’ percentage of the electorate enough to just overwhelm McCain with numbers. And as Chris Bowers notes, a victory with that coalition could have a galvanizing effect. I truly believe that the coalition Obama is building is more progressive than he is, or than he chooses to be, and the infrastructure is in place to pressure him as President, leveraging all of this support from the grassroots, the millions of people that will be out on the ground on Election Day, to push for a sensible progressive agenda.

There are (mostly) positives and (a few) negatives to this. First of all, going all in on the field means that the campaign must pay attention to every single vote being counted in ways that no other Democratic nominee of recent vintage ever has before. With so many new and inexperienced voters and the continuing shrieking from the right on voter fraud, it’s clear that suppression and intimidation will be the new battleground. I think the Obama campaign is at least thinking about this earlier than their predecessors by building an election protection team.

Second, while field matters, this is a big country, and message has its own importance. The problem is that it’d be a bad bet to message your way to victory because you have to deal with a traditional media that has simply stacked the deck. Well-paid conservative operatives have gamed the media system with their noise machine for years, and the chattering class is bound to typical narratives about Democrats and Republicans. That’s not easily overcome – while I think that Obama has largely been ON message with his tying McCain to a third term for President Bush, something he’s repeated since the day he wrapped up the nomination, it gets less traction than a mindless “celebrity” ad. We have a petty, trivial media that has institutional barriers for progressives.

While it’s important to define your opponent early in a campaign, it’s just as important to define your voters, to find them, capture their information and turn them out. That’s how lots and lots of campaigns are won. There hasn’t been a Presidential campaign that relied on turnout to this degree (although I would argue that it was Rove’s use of evangelicals as a GOTV army in ’04 that won the election more than the Swift Boaters) because nobody could inspire that many volunteers needed to pull it off. Obama has, and he’s making the investment, which is entirely based in the community organizing he worked in decades ago, not only because it’s his best opportunity to win, but his best opportunity to transform the electorate and prepare the ground for a progressive agenda.

Now, here’s my greatest fear on this. Bill Scher’s piece about Deval Patrick’s missed moment is heartbreaking if you think that Obama is building a coalition to both win elections and govern. It offers pitfalls for both Obama and his supporters.

Deval Patrick won a massive 21-point victory for governor, after thumbing his nose at the Democratic party machine in Boston, and basing his campaign on organizing grassroots progressives. He faced typical right-wing attacks on crime and taxes and he faced them down with progressive arguments, ending 16 years of Republican governors in Massachusetts.

Patrick quickly worked to protect the state Supreme Court ruling upholding equal marriage rights for gays. But after that, his next battle was to legalize casinos, something his grassroots base was vehemently against.

Patrick’s rationale was he needed more revenue to close a large budget gap that jeopardized critical government services. But as blogger Frederick Clarkson observed during the casino debate, that argument ran counter to his progressive mandate: “Patrick got it right when he argued during the campaign that rather than debating whether we should raise or lower taxes, we should first consider what we want to do and then discuss how to pay for it. In that spirit those of us who were with him from the beginning are saying that it is time to talk.”

The result? Patrick lost both the casino battle and the enthusiasm of his base.

But the fault does not solely lie with Patrick. It also lies with the state’s progressive movement.

Beyond protecting gay marriage, the progressive activists of Massachusetts also failed to hit the ground running with a clear issues agenda to prod the governor and state legislature into action. As the Boston Phoenix noted:

“One reason these progressives are feeling marginalized might lie in their lack of unanimity on the issues. It was easy to feel united and effective on an issue like gay marriage, says [Boston progressive politician Matt] O’Malley, because all the progressive groups were working together on it. It’s been hard to find other issues that bring the left together in the same way.

That leaves progressives often splintered, working at cross purposes, or fighting losing causes.”

For us in the progressive movement to realize the potential of the “Obama Moment,” we cannot be splintered. We need to have priorities and focus, while maintaining the progressive community’s strong breadth and diversity. How do we learn a lesson from these moments missed?

We must realize that even with an expected “spasm of furious activity,” as Borosage and vanden Heuvel envision, not every single issue can be addressed in the first 100 days. And we need to establish a level of coordination even though we are primarily a bottom-up community, not a top-down hierarchy with a single leader barking marching orders.

There is pressure on both Obama and this growing movement of supporters – for Obama, it’s to define himself in a way to maximize volunteer support, and for the supporters, it’s to know our principles and values and pressure from the bottom up to realize them.

It’s a big bet.

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The New Battleground

by dday

With an uninspiring candidate, an enthusiasm gap and a host of fundamentals against them, obstruction and suppression is really all the Republicans have left. You can see exactly where they’re worried from this story:

As Barack Obama tries to draw hundreds of thousands of new voters to the polls, Republicans are beginning to scrutinize registrants’ eligibility as both sides draw a major battle line over voting rights.

Republicans are moving to examine surges in voter registrations in some states. A Republican lawyers group held a national training session on election law over the weekend that included campaign attorneys for Sen. John McCain and other Republican leaders. One session discussed how party operatives can identify and respond to instances of voter fraud.

Republicans said they are particularly worried about prospects for fraud in Virginia and Pennsylvania, and are beginning to comb thousands of new registrations in those states for ineligible applicants. In some cases the huge numbers threaten to swamp their efforts — and those of state and local governments to verify and process applications.

Read: we’re going to lose Virginia and Pennsylvania unless we invalidate hundreds of thousands of legal votes through bogus voter fraud claims. Both of the Secretaries of State in these commonwealths are Democrats, but of course the county boards of elections have more local control, as we’ve seen. And be prepared for this meme that the stress of all these new voters may break the system.

The nonpartisan Brennan Center for Justice, which monitors elections, projects registrations this year will surpass the total from any previous single election year, building on momentum from the record 20 million registrations for the combined election cycles of 2004 and 2006. Newcomers helped drive turnouts for the Democratic primaries, which drew roughly 19.5 million more voters than in 2004, according to the Democratic National Committee.

“State elections systems have shown signs of stress, and there’s a serious concern that they won’t be able to handle the number of voters,” said Wendy Weiser at the Brennan Center.

In Pennsylvania, where improper registrations have been a problem in past elections, state officials say rolls have increased by about 230,000, to 8.4 million, since the 2006 midterm elections. Some observers believe the large increase could invite more potential for voter-fraud problems, said Lawrence Tabas, general counsel of the state Republican Party. “When you get so many new registrations like that at record numbers…it’s very difficult for people to monitor the validity of it,” he said.

The roar of voter fraud will reach its loudest din in the next few months. The RNC has been laying the groundwork for this for over a year, and the power players on the right for longer than that. And we have a candidate whose entire strategy is predicated on inviting more people into the political process.

The McCain campaign is trying to let this happen without their imprint on it. Yet at that little St. Louis get-together which Digby wrote about last week included McCain’s Election Day coordinator, Michael Roman.

Check out this bit of narrative setting from a member of the voter fraud brigade:

Ms. Mitchell warned about what she regards as a long pattern of abuses in registration by groups such as Acorn and their Democratic allies. “We’re all for getting people involved in the process…and getting them to the polls,” she said in an interview later. “What we’re not for is registering fake people at fake addresses, and creating barriers to trying to identify voter fraud where it exists, which is everywhere. It’s a growing problem, because of the professional vote-fraud denier industry.”

She urged lawyers working on behalf of state and local party groups and campaigns to monitor new registrations. She also pointed out that Sen. Obama himself — in his past life as a community organizer — was “involved” with some of the groups that have been responsible for abuses in recent years.

That’s right. Obama himself is personally stealing the election by writing “Mickey Mouse” on voter registration cards and then showing up at the polls in that hat with ears you get at Disneyland.

Interesting, too, that they’re throwing the “denier” meme back in Democrats’ faces.

There’s no limit to my amount of worry about this. And as Digby has said, whether they can suppress enough votes to steal the election or not, they can delegitimize the results and run back every statement made about Bush v. Gore in reverse. They’re very good at things like that. It comes with the lack of shame.

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The Nonexistent Crisis

by digby

I’ve written before about the “voter fraud” page on the RNC’s web site. They are “collecting stories” about voter fraud around the country. A reader informs me that their propaganda arm, Fox News, is on to the same thing and is promoting a special on the subject. (Raw Story has been following the Fox crusade as well.) It turns out they have a page devoted to it on their web site as well.

Here’s the most recent example:

Alabama was the cradle of the civil rights movement, where much of the battle for voting rights was waged more than 40 years ago, but now there are growing allegations of voter fraud across the state.

The claims have surfaced in eight counties in Alabama, and they include allegations that absentee ballots were sold and traded for cash, crack-cocaine and even piles of driveway gravel.

“They get them, and say, ‘I will give you 40 or 50 dollars,’ so a lot of people are unemployed and will jump for that,” voter Wanda Sanders said.

Some officials, though, are launching investigations in a move to make sure all votes are not only counted but counted fairly and honestly.

Alabama Attorney General Troy King, a Republican, seized absentee ballots from three primarily black counties after allegations of vote-selling surfaced in the June 3 Democratic primary.

“We are not going to allow these people to continue to steal elections with impunity. It cannot be tolerated,” King said.

You can’t fault them for lack of chutzpah.

I think the most darkly hilarious thing about all this is that the RNC web page is called “You Can’t Make This Up.” Of course, that’s exactly what the crisis of Voter fraud is: made up. It’s just not a problem. But bogus claims of voter fraud actually do suppress the vote — a win-win for the bad guys.

Whatever happens, all those horrible African Americans down in Alabama disenfranchising decent folks has got to stop. I fully expect to see a march across the Edmund Pettus bridge featuring Tom Tancredo and Trent Lott singing “We Shall Overcome” and holding signs saying “I Have A Dream” before November. It’s time somebody stood up for the rich, disenfranchised conservatives in this country.

Meanwhile, the McCain campaign anonymously put out the word that they aren’t going to aggressively pursue these kinds of charges in this election. McCain just isn’t that kind of guy. But they do admit that, sadly, even a mavericky, straight talking, man ‘o integrity can’t control what outside groups do.

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When Phyllis Schlafly Met Hans Von Spakovsky

by digby

A reporter for the St Louis Post-Dispatch attended the Von Spakovsky vote stealing seminar yesterday:

Last evening, the subject was election fraud, the locale was Cardwell’s Restaurant in Clayton, the convener was the St. Louis Chapter of the Federalist Society, the atmosphere was convivial, and the talk was … well … fierce.

Featured guests, billed as an All Star Panel on Contemporary Election Law Issues, were big time GOP operative Randy Evans of Georgia, as well as Asheesh Agarwal and Hans Von Spakovsky, both of whom were senior lawyers in the Civil Rights Division of the Justice Department during a time of controversy over the enforcement of Federal voters rights laws.

All are in town for a sold out election law seminar sponsored by the Republican National Lawyers Association. It will be held in Clayton, Friday and Saturday.

I was invited to cover last night’s program by the Federalist Society, and was welcomed by local chapter president and attorney Jennifer Wolsing and her colleagues.

On hand were two long tables of Federalist Society members and friends, including that icon of the American political scene, Phyllis Schlafly.

The panelists covered a wide range of hot button elections issues. They made a lot of claims about the current electoral system being fraught with, or at serious risk of, widespread voter fraud. I am skeptical about many of these claims — but require more time to consider and evaluate what the panelists had to say.

Which I will do and follow up with a Part 2 to this post.

Also I wondered why no mention was made about the still unresolved scandal involving politicization of federal prosecutors over election law matters, including the apparent firings of U.S. Attorneys for refusing to bring what they thought were unmeritorious voter fraud cases.

It’s hard to see how any serious discussion about the integrity of the system could ignore that development.

Meanwhile, here are a couple of items of interest. Click on the link below to hear Mr. Agarwal’s analysis of a recent Eighth Circuit Court of Appeals decision in a case brought by the Justice Department over the state of Missouri’s voter registration rolls:

read on to listen to MP3s of the discussion, including one very odd comment from Von Spakovsky.

They may not have felt comfortable about talking about the US Attorney purge because, as Murray Waas reported yesterday, there is rumbling that a special prosecutor may be named in the probe. Loose lips sink ships…

As I wrote yesterday, this election is going to have special challenges because Democrats have registered so many new voters, which means they are people who don’t know how the system works, especially young people, and there will be a lot of opportunity for vote suppression and intimidation, not to mention casting doubt on the results. Democrats couldn’t make vote suppression charges stick over the past eight years, but the right has a much more sophisticated understanding of how to create and then flog such controversies to make it difficult for a Democrat to govern. All those years of complaining about what went wrong in Florida and Ohio are going to look like child’s play when these guys take that meme and run with it.

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Still At It

by digby

Following up on dday’s post below, check out what a reader just forwarded to me:

Back with a Bang: Election Law Issues in 2008

Worried about more ACORN voter fraud in 2008? Concerned about the likelihood of non-citizen voting? Want to get the scoop on those Byzantine campaign finance laws? Then, this is the forum for you.

Join the St. Louis Federalist Society on August 7, 2008 for an all-star panel on contemporary election law issues. Featuring Randy Evans, Asheesh Agarwal, and Hans van Spakovsky, this panel is moderated by Carol Wilson, Chair of the St. Louis Board of Election Commissioners.

Please come to Cardwell’s in Clayton, located at 8100 Maryland Ave. in Clayton from 5:45 p.m. to 7:30 p.m. Dinner will be served promptly at 6:00 p.m. and the panel discussion will last from 6:30 p.m. until 7:30 p.m. As always, this event is open to everyone–not just Federalist Society members and regulars. Our panel discussion is a must-see for anyone with an interest in free and fair elections.

********************

Randy Evans served as the outside counsel to the Speakers of the 104th through the 109th Congresses of the United States – Speakers Newt Gingrich and Dennis Hastert. He chairs the companies of Newt Gingrich and former House Republican Conference Chairman J. C. Watts. He is a member of the five-person Georgia State Election Board and is the General Counsel of the Georgia Republican Party. He represents a host of well-known public officials including Senators, Members, Governors, and state elected officials. Evans is a partner at McKenna, Long & Aldridge where he chairs the Financial Institutions practice. He has been recognized in various publications as one of the “Best Lawyers In America” and one of Georgia’s “most influential people.” Randy has authored two books and writes a weekly newspaper column that appears in newspapers around Georgia.

Asheesh Agarwal served as a Deputy Assistant Attorney General in the Civil Rights Division of the Department of Justice from 2006 – July, 2008, where he works on a range of civil rights and election law issues issues. Prior to that, Asheesh served as a Counsel to the Assistant Attorney General in the Civil Division, and as Assistant Director of the Federal Trade Commission’s Office of Policy Planning. Outside of Washington, Asheesh has served as a Special Assistant to the Illinois Attorney General, and clerked for the Hon. Eugene Siler of the United States Court of Appeals for the Sixth Circuit. Asheesh received his law degree from the University of Chicago and his undergraduate degree from Northwestern University.

Hans von Spakovsky is currently a visiting scholar at the Heritage Foundation. Prior to his work at Heritage, Mr. von Spakovsky was the 2006 and 2007 Commissioner at the Federal Election Commission, which is responsible for enforcing federal campaign finance laws for all congressional and presidential elections. Mr. von Spakovsky served as Counsel to the Assistant Attorney General for Civil Rights from 2002 to 2005, where he provided expertise on voting and election issues, including enforcement of the Voting Rights Act and the Help America Vote Act of 2002. Hans von Spakovsky is a prolific and well-received author, having published articles in the Wall Street Journal, the Weekly Standard, the National Review, and Human Events.

I think it’s just great that the Department of Justice has trained all these people to learn how to suppress the vote. Makes you proud to be an American.

With an expected huge turnout consisting of many first time voters and many people of color, these evil people are working overtime to get the mechanisms in place to cause chaos at the voting booth, intimidate many of these voters into not voting and cast enough doubt on the legality of the election so an Obama win will be tainted as illegitimate. The fact that they are in the battleground state of Missouri is no accident.

They never quit.

The event is open to anyone so if someone would like to attend this meeting and report back I’m sure it would be interesting …

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Could This Be The End For The Schloz?

by dday

It takes a lot for Bush’s Justice Department to investigate one of its own. But that’s exactly what’s happening in Washington, as the politicization of the Civil Rights Division is coming to a head, with Bradley J. Schlozman, perhaps the worst of the worst, right at the front as the target.

In a report for the Huffington Post, Murray Waas reveals that a grand jury is issuing subpoenas for multiple Justice Department lawyers in the case.

The extraordinary step by the Justice Department of subpoenaing attorneys once from within its own ranks was taken because several of them refused to voluntarily give interviews to the Department Inspector General, which has been conducting its own probe of the politicization of the Civil Rights Division, the same sources said.

The grand jury has been investigating allegations that a former senior Bush administration appointee in the Civil Rights Division, Bradley Schlozman, gave false or misleading testimony on a variety of topics to the Senate Judiciary Committee.

Sources close to the investigation say that the grand jury is also more broadly examining whether Schlozman and other Department officials violated civil service laws by screening Civil Rights attorneys for political affiliation while hiring them.

As far as lying to the Senate Judiciary, that’s industry standard for these Bush hacks. And we know that Monica Goodling was found by the IG to exhibit the same prejudicial hiring practices, so it would be no surprise to see Schlozman take the same role in the Civil Rights Division. There clearly was a systematic effort to weed out Democrats and liberals from the career civil service and set landmines for future Democratic Presidents inside the DoJ. And as with Goodling, I’m sure this information will be readily available to the IG.

But this part intrigues me even more:

Investigators for the Inspector General have also asked whether Schlozman, while an interim U.S. attorney in Missouri, brought certain actions and even a voting fraud indictment for political ends, according to witnesses questioned by the investigators. But it is unclear whether the grand jury is going to hear testimony on that issue as well.

This is the infamous ACORN case, where Schlozman pushed bogus voter fraud claims and brought prosecutions right before a hotly contested election in Missouri in 2006, in all probability to cast doubt on the election and reflect poorly on the Democratic candidates. Here are but a few of the charges from that election:

•Schlozman, while he was acting civil rights chief, authorized a suit accusing the state of failing to eliminate legions of ineligible people from lists of registered voters. A federal judge tossed out the suit this April 13, saying Democratic Missouri Secretary of State Robin Carnahan couldn’t police local registration rolls and noting that the government had produced no evidence of fraud.

•The Missouri General Assembly – with the White House’s help – narrowly passed a law requiring voters to show photo identification cards, which Carnahan estimated would disenfranchise 200,000 voters. The state Supreme Court voided the law as unconstitutional before the election.

•Two weeks before the election, the St. Louis Board of Elections sent letters threatening to disqualify 5,000 newly registered minority voters if they failed to verify their identities promptly, a move – instigated by a Republican appointee – that may have violated federal law. After an outcry, the board rescinded the threat.

•Five days before the election, Schlozman, then interim U.S. attorney in Kansas City, announced indictments of four voter-registration workers for a Democratic-leaning group on charges of submitting phony applications, despite a Justice Department policy discouraging such action close to an election.

•In an interview with conservative talk-show host Hugh Hewitt a couple of days before the election, Rove said he’d just visited Missouri and had met with Republican strategists who “are well aware of” the threat of voter fraud. He said the party had “a large number of lawyers that are standing by, trained and ready to intervene” to keep the election clean.

According to Waas, one of the lawyers subpoenaed was none other than Hans von Spakovsky, a former Commissioner on the Federal Election Commission who ought to have his own legal problems to deal with – regarding his lies to the Senate Judiciary Committee and obstructing an investigation into Republican voter suppression in Minnesota. Von Spakovsky may have aided in the effort to hire and fire Civil Rights Division attorneys based on ideological factors.

It’s very important that this grand jury investigation goes forward. We all know that voter suppression and intimidation is part of core Republican electoral strategy. Those responsible for this politicization need to be prosecuted and convicted in the name of accountability, but also to discredit what is truly part of the Republican plan for electoral dominance.

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Legal Disenfranchisement

by dday

A lot of people are talking about these allegations about Karl Rove’s role in stealing Ohio in 2004. Certainly worth paying attention to and following up. It’s just as important to note that the right is not only continuing these tactics, but mainstreaming them.

At a little remarked-upon hearing this week, Rep. Keith Ellison grilled liberal blogdom’s favorite punching bag Hans von Spakovsky over the voter ID laws he championed which led to disenfranchisement a couple months ago in Indiana:

ELLISON: Now here’s something that happened on the May 7th Indiana election. A dozen nuns and another unknown number of students were turned away from the polls Tuesday in the first use of Indiana’s stringent voter ID law since it was upheld last week by the United State Supreme Court. Mr. von Spakovsky, you wanna stop nuns from voting?

VON SPAKOVSKY: [silence]

ELLISON: Why don’t you want nuns to vote, Mr. von Spakovsky?

VON SPAKOVSKY: Congressman Ellison, uh-

ELLISON: I’m just curious to know.

VON SPAKOVSKY: Those individuals, uh, were told, were- knew that they had to get an ID, they could have easily done so. They could have voted, uh, by absentee ballot- uh, nursing homes under the law are able to get-

ELLISON: …Mr. von Spakovsky, are you aware that a 98-year old nun was turned away from the polls by a-

VON SPAKOVSKY: They all had passports-

ELLISON: Excuse me.

VON SPAKOVSKY: They had expired passports which meant that they could have gotten-

ELLISON: Mr. von Spakovsky, do you know a 98-year old nun was turned away from the polls by a sister who’s in her order and who knew her, but had to turn her away because she didn’t have a government-issued ID? That’s okay with you?

VON SPAKOVSKY: Yes…

Okay with him? It’s his most fervent dreams realized!

Ellison didn’t let up there. He asked von Spakovsky pointedly about the greatest hits of US Attorney/voter fraud cases in Minnesota (where US Atty Thomas Heffelfinger was fired for ignoring voter fraud claims) and Missouri (the infamous Bradley Schlozman prosecution over a separate voter fraud case involving ACORN). Ellison basically accused him of lying to the committee and von Spakovsky became indignant. This guy was on the Federal Election Commission, just to let you know how far these completely bogus charges have progressed into the mainstream.

This voting stuff isn’t going away, and if anything it’s going to get more intense as Republicans get more desperate. I can’t believe that this article didn’t get more attention when it came out a few weeks ago. There’s no question that this will became an enormous issue literally out of nowhere this fall.

Election officials worry that the state’s home foreclosure problem will pose a problem this November for voters still registered at their former address, a newspaper reported Sunday.

Voters in pivotal Ohio with outdated addresses face possible pre-election challenges and trips to multiple polling places. They also are more likely to cast provisional ballots that might not be counted.

“It’s a real issue,” said Daniel Tokaji, an Ohio State University law professor who specializes in elections. He wonders whether foreclosures might explain the increasing percentages of provisional votes cast between 2004 and Ohio’s latest election, the presidential primary in March.

Ohio provided President Bush with an 118,000-vote victory in 2004, giving him the electoral votes he needed to win the election.

All of a sudden you’re going to hear that these families forced out of their homes and relocated across the country are actually fraudsters trying to steal the election for Obama. The very fact of vacancy at the addresses where these people are registered makes hundreds of thousands of people prime suspects for voter caging. And you can be sure that re-registering isn’t paramount on their minds, either. In battleground states like Nevada, one out of every 120 or so homes is in foreclosure right now. This seems like a huge under-the-radar issue that is receiving literally no attention.

And there’s a nexus here between these potential minefields and the voter ID laws conservatives are pushing.

Ohio’s requirement that voters show identification at the polls makes it more important that they keep their registration information current, said Jeff Ortega, a spokesman for Secretary of State Jennifer Brunner, Ohio’s elections chief.

In 2004, the Ohio Republican Party challenged more than 31,000 newly registered voters statewide after letters it mailed out came back as undeliverable. The challenges failed, but Brunner said a new state law requiring counties to mail their own notices to all registered voters could lead to another round of pre-election challenges.

There may be plenty of illegal disenfranchisement, but is anybody paying attention to the legal version?

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