U.S. Government Opposes Motion By Right Wing ‘True the Vote’ to Intervene in TX Photo ID Case

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[This article now cross-published by The Progressive…]

The U.S. Department of Justice has filed a vigorous Opposition [PDF] to a Motion to Intervene [PDF] filed by the Republican “voter fraud” group calling itself “True the Vote.” In its motion, True the Vote seeks to become a party to the DoJ’s federal legal challenge to Texas’s polling place Photo ID restriction law, SB-14.

The DoJ’s opposition is rather straightforward. The right wing-funded True the Vote, they argue, has not established that it is entitled to intervene because it sets forth nothing more than a generalized grievance and because its allegation “that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative.”

Anyone familiar with this organization and its history, should appreciate how absurd it is that they should be taken seriously at any time, much less allowed to intervene in a critical lawsuit filed in federal court.

Permissive intervention is inappropriate, according to the DoJ, because True the Vote has failed to establish that its interests would not be adequately represented by the State of Texas. Indeed, its participation in the case, DoJ says, would be unduly burdensome in that the group seeks to divert the court’s attention from the legal issues relating to polling place Photo ID restriction laws “to issues concerning True the Vote’s numerous allegations of purported voter registration irregularities.”

The DoJ notes that, for identical reasons, True the Vote, whose 2011 list of “Recommendations for Legislation” [PDF] was topped by the desire to enact the polling place Photo ID law at issue, was excluded from participating in the Department’s legal challenge to last year’s ill-fated effort by Florida’s Gov. Rick Scott (R) to purge “potential non-citizens” from the Sunshine State’s eligible voter rolls.

True the Vote’s deceptive tactics should come as no surprise to long time readers of The BRAD BLOG. The group is essentially the latest pretend “election integrity” arm of the Koch brothers-funded, Paul Weyrich co-founded, American Legislative Exchange Council (ALEC)-fueled GOP effort to enact voter suppression laws across the country.

The nature of their hostile, anti-voter tactics, according to the Houston NAACP, included an alleged attack upon its “volunteer poll monitors for handing out water to voters at Early Vote locations and for assisting Disabled and Elderly voters by standing in line for them or asking younger people in line to let the elderly and disabled go ahead of them in the line to vote.”

The group’s label, ‘True the Vote’, is nothing short of Orwellian. As detailed by The BRAD BLOG last year (and by others this year) truth and True the Vote remain perfect strangers…

Unmasking True Skew the Vote

Last year, we documented the deception behind the group’s silly report entitled: “Did You Know There are Voter Fraud Convictions and Prosecutions in 46 States?”

The report was meant to support the group’s efforts to enact polling place Photo ID restrictions around the country.

As it turned out, the report did not actually cite a single case of “voter fraud” that could have been prevented by the polling place Photo ID restrictions the document pretended to advocate in favor of. Twenty (20) of the cases cited entailed absentee voter fraud (not deterred by polling place Photo ID restrictions). There were seven (7) false residency cases (also not deterred by polling place Photo ID restrictions), which, as we’ve reported, has become an “epidemic form of elite voter fraud” over the last several years. Influential right wing media pundits, like Ann Coulter, and powerful politicians like former GOP Presidential nominee Mitt Romney have been accused of it, while Indiana’s then Republican Secretary of State Charlie White was convicted on three felony voter fraud counts for it. All of them, documentation shows, cast votes in precincts where they did not lawfully reside.

As we went on to report late last year:

4 cases cited by True the Vote were for double voting (also not prevented by Photo ID laws); 4 were for ballot petition fraud (forging signatures in an effort to get a candidate or initiative placed on the ballot — the same thing the state of Virginia was investigating Newt Gingrich’s campaign for earlier this year, which also has absolutely nothing to do with polling place Photo ID laws); 3 cases were related to convicted felons voting in states where they are barred from doing so (Photo ID laws don’t prevent that); and 3 cases were related to vote buying (paying someone to vote a certain way, also not prevented by Photo ID.)

Finally, there were 2 cases that involved identify theft with people voting in the names of others. But in those cases, the voters had assumed the identities of those in whose names they voted, and had drivers licenses and other documentation with their photo on them to (falsely) prove it. They would not have been prevented from voting by True the Vote’s polling place Photo ID laws either.

The truth is that cases of in-person voter impersonation, which is the only type of voter fraud which can possibly be deterred by polling place Photo ID restrictions, are about as scarce as hen’s teeth. Either True the Vote doesn’t know that, or they are willing to lie about it, which should also disqualify them from intervening in the DoJ case against TX’ photo ID law.

As related in sworn Congressional testimony by Loyola Law Prof. Justin Levitt, between 2000 and 2011 there were just “nine allegations of votes [in general elections] that might have involved votes cast by individuals impersonating others” out of some “400 million votes cast.” A subsequent, exhaustive study by a non-partisan investigative news consortium which looked at every single documented election fraud case in all 50 states since 2000, found that just ten (10) cases of in-person voter fraud had been reported out of hundreds of millions of votes across the nation during the period 2000 – 2012.

Last year, while seeking to defend a polling place Photo ID law that had threatened to disenfranchise between 750,00 and 1.3 million voters in Pennsylvania, the state’s Republican administration entered an in-court admission that they were unaware of so much as a single case of in-person voter fraud having ever been committed at any time during the entire storied history of one of our nation’s founding states.

But that’s not all…

Well-documented and easily-checked facts, however, are no match for the fantasists at True the Vote!

Following last year’s election, the group published yet another silly and wildly inaccurate report claiming “TRUE THE VOTE PROVES WIDESPREAD CLAIMS OF VOTER SUPPRESSION FALSE” (their caps) in a document called “The 2012 Voter Suppression Myth”. That report was perhaps even more embarrassing for the group than the one we had previously dissected.

As FairVote’s Rob Richie detailed at Huffington Post last March, True The Vote “cooked numbers on voter turnout” in their “Myth” report in order to incorrectly claim that states with strict Photo ID restrictions actually increased voter turnout in 2012 over 2008. In fact, they had compared two completely different sets of numbers from each state in those years in order to make their outlandish claims. Using the correct apples to apples comparison, as Richie explained, revealed the complete opposite of True the Vote’s supposed findings.

Professor Paul Gronke, a non-partisan academic researcher on early voting and election reform at Reed College, politely wrote that “their conclusions about the relationship between voter ID and turnout are wrong.”

When True the Vote was finally forced to correct the numbers in their report (they did so without noting the changes), Gronke struggled to continue to be polite by explaining that they “continue to print untrue things”. Their “corrected” version was also incorrect, as it turns out, leading him to chide: “The discussion [of the impact of Photo ID requirements on turnout and wait times] isn’t helped along by badly misleading and poorly documented reports.”

True the Vote was not the first of the Photo ID proponents to attempt to erect the fact-free claim that Photo ID laws actually increase voter turn-out.

During a September 2011 hearing before the U.S. Senate Subcommittee on the Constitution, Civil Rights and Human Rights, GOP ‘voter fraud’ front man, Hans Von Spakovsky, made a feeble attempt at the same deception only to have his facts demolished on the spot by Prof. Levitt. Von Spakovsky was also called out for his deceptive effort by Sen. Al Franken (D-MN). (See video at right)

With what is, at best, an inability to get the facts right, but more likely a deliberate desire to deceive, True the Vote now seeks to be a part of the legal case defending the Lone Star State’s Photo ID restrictions on voters?

While the discredited group was unable to make the case that Photo ID increased turnout in this year’s report, or cite any cases of in-person voter fraud in their report last year, they have not been shy about committing actual fraud in service of their agenda. Last year, the bipartisan Board of Elections of Franklin County, OH barred True the Vote’s polling place observers after it determined that they had “forged” and photocopied the signatures needed to allow the group’s poll monitors access to precincts in the county during the Nov. 6, 2012 Presidential Election.

Prior to that, the group used a fraudulent photo of an African-American woman holding up a (Photoshopped) sign reading “I ONLY GOT TO VOTE ONCE!” in a well-polished video used to announce their national launch back in 2010. (The real photo, before it was faked, reveals the woman holding up a sign at a Florida protest during that state’s Presidential Election debacle in 2000. The sign actually read, ironically enough, “DON’T MESS WITH OUR VOTES”.)

And, on August 8, 2013, it was revealed that True the Vote was part of a well-coordinated, secret Republican cabal committed to an assault on the right of citizens to vote. It was, as a part of that secret, right wing-funded group that True the Vote introduced its “Hydra” campaign claiming absurdly that “The Left Plans to Destroy American Elections” and they must be stopped. (See video and their document below). “Hydra,” according to Mother Jones’ David Corn, is but a part of a “30 Front War” carried out by “Groundswell” — a coalition of hard-right groups headed by the likes of Ginni Thomas (wife of Supreme Court Justice Clarence Thomas), former Rep. Allen West (R-FL), and right wing media pundits, whose radical strategy, spelled out in internal memos and audio recordings, seeks to “fundamentally transform the nation”.

That’s what they may seek, but there is no reason they should be allowed to deceptively do so in our federal courts.

— Additional reporting by Brad Friedman

* * *

Hydra Plan – Plan to Attack Voting Rights

* * *
Ernest A. Canning has been an active member of the California state bar since 1977. Mr. Canning has received both undergraduate and graduate degrees in political science as well as a juris doctor. He is also a Vietnam vet (4th Infantry, Central Highlands 1968). Follow him on Twitter: @Cann4ing.

* * *
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13 Comments on “U.S. Government Opposes Motion By Right Wing ‘True the Vote’ to Intervene in TX Photo ID Case

  1. I normally like Brad Blog. But this is one of the most poorly written pieces I’ve seen in a while. Wordy and long. Disgusting and shameful.

  2. Stephanie Celandink said @ 1:

    I normally like Brad Blog.

    Thanks, Stephanie! Though I see you’ve never commented here during our ten years of publication, for some reason.

    But this is one of the most poorly written pieces I’ve seen in a while. Wordy and long. Disgusting and shameful.

    I grant you the piece is somewhat detailed, though not nearly as long as many of our pieces here. But what is “disgusting” and/or “shameful” about it? You didn’t specify.

    And thanks again for stopping by and speaking up!

  3. Re Stephanie Celandink @1.

    I have to wonder. Are you the same Stephanie Celandine Gyamfi. career employee of the DoJ Civil Rights Division, who was accused of committing perjury by Hans Von Spakovsky?

    If so, it appears that my post is not the first you labeled as “Disgusting and Shameful.”

    If you are the same Stephanie Celandine Gyamfi, that is really weird because your past criticism was directed at voter suppression via polling place Photo ID laws in the State of Mississippi, whereas your current criticism is directed at a post that exposes the lie behind those same Photo ID laws that you previously found to be “Disgusting and Shameful.”

    If you are not the same Stephanie Celandine Gyamfi, then shame on you for falsely publishing a comment, using her name, and for deceptively altering that name to read Celandink as opposed to Celandine.

    Please clarify.

  4. Ernie @ 2:

    Wait, what? The person using a fake name and fake email address to respond to an article critical of a Rightwing group for using fake arguments and fake evidence to warn about fake “voter fraud” is using a fake argument to make his/her case?! I am shocked!

    It should also be noted, btw, that the claims about DoJ Voting Rights Unit staffer Stephanie Celandine Gyamfi were made by the fake “news” organization Daily Caller, written by fake journalist Matthew Boyle (the guy who initially “reported” the fake prostitution charges against NJ Sen. Menendez (D)), who was such a phony, he was even fired by Daily Caller! That’s not easy (Breitbart “News” hired him thereafter naturally). Boyle is also the clown behind this Chamber of Commerce bullshit (see my Twitter confrontation with him at that link.) And the claims that Boyle “reported” at Tucker Carlson’s pretend “news” site Daily Caller were from the long-discredited former Bush Admin DoJ appointees Hans von Spakovsky and Christian Adams. Both of them long time “voter fraud” fraudsters.

    Oh, and, btw, you’ll be shocked to know that “Stephanie Celandink” doesn’t write to us from the D.C. area, where the actual Stephanie Celandine Gyamfi is based, but from Florida for some odd reason.

    But thanks, fake “Stephanie”, for reminding us just how phony the phony wingnut True the Vote group and their “supporters” are, though!

    And, again, welcome to The BRAD BLOG!

  5. Well, I guess it’s sort of an off-hand compliment, Brad, when the “voter fraud” fraudsters have to resort to pretending to be someone else in order to attack a solid news article that exposes their mendacity.

    Thanks for the reminder on Adam “the scam artist” Boyle.

  6. Hey Brad. They already have Roger Shuler in chains with barely a squeak from your good self. When do you think they will come for you?

  7. Re Ernest A Canning. Corruption does not recognise borders. Why the deafening silence from Brad?

  8. Steve: It may come as a surprise to you, but there are a finite number of vital issues of the day that can be covered by a blog of this size. No matter how many topics we do cover, there will always be someone like yourself who seems ready to come up with some topic we haven’t covered.

    It is altogether unfair of you to level the “deafening silence” accusation. The fact that a topic has not been covered at this site is not the same as a rejection of that topic.

    If you feel that strongly about Shuler, why don’t you write an academically sound, well researched article and submit it, with appropriate links, to Brad for his consideration.

  9. Ernest. The question I am asking you and Brad is why don’t you feel strongly about a Journalist Blogger that has been referenced on Bradblog being held in chains without proper legal representation by a dubiously established court run by a retired judge on an invisible charge! I cannot understand why this does not shock you to the core! It does me and I am not even an American! This is not a fish to be fried. This is a bloody great shark and it won’t stop with Roger Shuler!
    Check out Andrew Kreig’s blog to get a clue!

  10. Steve Lane @ 10:

    I can’t speak for Ernie, of course, but I believe the point he was trying to make is that you shouldn’t judge how either of us feel about any particular thing based on what we cover here and what we don’t. As Ernie noted, “there are a finite number of vital issues of the day that can be covered by a blog of this size.”

    But, to put a finer point on that (and, as I’m sure Ernie will attest), I generally try to ask for readers time only on stories and/or issues that we can bring something to that is not generally available elsewhere. That means there are many topics that I may feel very strongly about (and Ernie, no doubt, as well), that we do not cover here on The BRAD BLOG at all, either for lack of resources to do so, or because we’re unable to bring anything particularly new or enlightening to the issue.

    And with all of that said, once again, I’d underscore what I stated originally: It is a mistake to presume we feel any particular way about something, based solely on, as in this case, what you perceive as a lack of coverage. There is a lot we do behind the scenes. Much of it never makes it to “print”, because of the points made above. But presuming anything, as you have, much less insinuating a more nefarious — or, perhaps, disinterested — perspective on this issue, or any, would be a mistake.

    Hope that speaks to your concerns and answers, at least for now, the questions you asked.

  11. Re Steve Lane @10:

    Just as a question (when did you stop beating your wife?) cannot be answered by a husband who never beat his wife, your question (why Brad and I do not “feel strongly” about the Roger Shuler arrest) is based upon an erroneous assumption, and, therefore, impossible to answer.

    Your real question is why neither Brad nor I have written about it? That was answered by Brad @11 and by me @9.

    I would note that while your comments reflect that you, too, feel strongly about that topic, you’ve not attempted to write and submit to Brad for his consideration, an academically sound article on that topic.

    Unlike you, I will not draw a conclusion that you don’t really care about the Schuler arrest or make the assumption that you are incapable of submitting such an article.

  12. Brad n Ernest.
    OK guys. I admit I was angry. I would never suggest they was anything nefarious going on. Nor do I doubt that you are concerned about Roger and Carols dire situation. But to quote Brad ” I generally try to ask for readers time only on stories and/or issues that we can bring something to that is not generally available elsewhere.” That is the whole point about Rogers “prosecution”. It has so far received pathetically little media coverage and some like Popehats blog although ultimately sympathetic to the legal outrage is just a little bit snarky.
    Next to money and lawyers what the Shulers need is a blinding light shone on the cockroaches persecuting him. As for me I am not a trained journalist. I am just an old bloke sitting at a keyboard in Brighton UK with a smart parrot on his shoulder trying to put the world to rights a little bit at a time and while I am trying to put together an outline of the situation Roger is trapped in, Roger needs someone more competent than myself to hold the searchlight at this time and time is of the essence! I do appreciate whatever you have done behind the scenes to help but I was hoping for something upfront and public as well.
    Regards.

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