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How Much Time Should She Do?

http://www.howmuchtime.org/

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Our Votes Don’t All Need to Be Counted if the Election Isn’t Close

That's pretty much the New York Times analysis.

Provisional ballots will also come into play if a huge turnout causes long lines in Ohio, leading lawyers to ask the courts to keep polls open late. When polls are kept open after hours, the ballots cast must be provisional.

Problems with the ballots will not affect the outcome if the race is not close...

If they are counted at all, provisional ballots don't get counted until after the election has usually been called.

Ohio officials cannot count such ballots for 10 days after the election, while in Florida, officials must count them two or three days after polls close...

Though the Ohio Secretary of State, Jennifer L. Brunner, has standardized the methods of determining which provisional ballots count—previously this was determined county by county—there has been no concerted effort to stem the use of ballots that don't get counted until after most elections have been decided. 

In 2004, 2006 and this year’s primaries, Ohio, unlike most other states, increased the percentage of provisional ballots used by voters. In the 2004 presidential election, which hinged on Ohio, the margin between the candidates was about 118,000 votes, of 5.7 million cast. Of those, more than 158,000 were provisional ballots.

Even more of these ballots will be cast in Ohio on Nov. 4, voting experts predict, because many newly registered voters may bring the wrong form of identification to the polls, failing to comply with the state’s new voter law that requires all voters to show government-issued identification or an approved document with a voter’s name and address. Others may go to the wrong polling place, or show up at the polls only to find that they are not listed on the state’s new computerized voter registration list, which has already been the subject of intense partisan wrangling.

Do you see the elephant in the room? No, not there.

There.

Thousands of voters across the country must reestablish their eligibility in the next three weeks in order for their votes to count on Nov. 4, a result of new state registration systems that are incorrectly rejecting them.... 

The scramble to verify voter registrations is happening as states switch from locally managed lists of voters to statewide databases, a change required by federal law and hailed by many as a more efficient and accurate way to keep lists up to date.

But in the transition, the systems are questioning the registrations of many voters when discrepancies surface between their registration information and other official records, often because of errors outside voters' control.

The issue made its way to the U.S. Supreme Court, which yesterday blocked a challenge to 200,000 Ohio voters whose registration data conflicted with other state records.

It is impossible to know how many voters are affected nationwide. There are no reports of large-scale problems in Virginia, Maryland or the District, but the trouble is cropping up in many states.

In Alabama, scores of voters are being labeled as convicted felons on the basis of incorrect lists.

Michigan must restore thousands of names it illegally removed from voter rolls over residency questions, a judge ruled this week.

Tens of thousands of voters could be affected in Wisconsin. Officials there admit that their database is wrong one out of five times when it flags voters, sometimes for data discrepancies as small as a middle initial or a typo in a birth date. When the six members of the state elections board -- all retired judges -- ran their registrations through the system, four were incorrectly rejected because of mismatches. 

If you prod the elephant you find out this is a vast new frontier of voter disenfranchisement.

The law requires each voter to have a unique identifier. Since 2004, new registration applicants have had to provide a driver's license number or the last four digits of a Social Security number to register (voters who don't have them are assigned a unique number by the state). States are required to try to authenticate the numbers with motor vehicle records and the Social Security Administration database.

But databases are prone to errors such as misspellings and transposed numbers, and applicants are prone to make mistakes or write illegibly on applications. The Social Security Administration has acknowledged that matches between its database and voter-registration records have yielded a 28.5 percent error rate.

States vary in how they treat applicants whose records don't match, and experts say rules in some states could prevent thousands of eligible voters from casting ballots or having their votes counted in November. Those who don't match in Oregon, for example, can cast a ballot, but their vote for president or any other federal race on a ballot won't be counted. There are currently about 9,500 voters in Oregon who fall into this category, but a state spokesman says matching issues will be resolved with most of them before November so they can vote in federal races. Fewer than 500 voters were affected by this during the state's primary.

"One of the big problems is that states just haven't been very transparent about how they're operating their new database," says Dan Tokaji, law professor at the Ohio State University's Moritz College of Law. "So it's really hard to tell how this is going to play out. A few states have implemented overly stringent matching rules, the consequence of which could be that some citizens' votes don't get counted."

In the 2000 election, about 1.3 million registered voters said they didn't vote due to trouble with their registration, according to a U.S. Census Bureau survey, which didn't elaborate on the nature of the troubles. In an election when record numbers of new voters are expected to participate, experts say the number of voters who find they can't cast a ballot this year could be higher.

Voter registration databases are central to the democratic process in every state except North Dakota -- which doesn't require registration. Everywhere else, the registration roll is the gatekeeper determining eligibility to vote in an election. Voter lists aren't used just for elections, however. Shortly after the Sept. 11 terrorist attacks in 2001, before statewide databases were mandated, then-Attorney General John Ashcroft reportedly ordered that voter registration lists be checked for links to terrorists.

Until HAVA, each county or election district in most states maintained its own voter list, which often resulted in duplicate registrations when voters moved and re-registered -- creating opportunities for fraud. States were supposed to consolidate their lists by Jan. 1, 2004, but most got an extension to 2006. Creating a statewide system that interfaces with multiple county registration databases built by different companies proved to be difficult. About a dozen states missed the 2006 deadline, and four were sued by the Justice Department.

There have also been a number of issues involving companies that make the systems. Some states built databases in-house; others outsourced to companies like Election Systems & Software (which also makes voting machines), and the Bermuda-based Accenture. Accenture was hired by several states, but lost contracts in all but one for missed deadlines and other issues.

Colorado -- a crucial swing state -- completed its $13 million database this year after firing Accenture in 2005. A little-known Oregon company named Saber, which has created databases for 11 states, replaced it. Accenture retained its contract in Pennsylvania, though problems occurred there as well. In 2005, one state official called the $20 million system "seriously if not fatally flawed."

HAVA requires databases to have "adequate technological security" but doesn't specify details, such as encryption. And although the databases interface with every county election office, access controls haven't been developed in some states.

A 2006 audit of Florida's registration system found that the state hadn't established adequate access levels for various users and had no process for maintaining or monitoring audit logs, making records vulnerable to theft and manipulation. A June 2008 follow-up found some of the same problems. One former election office employee, for example, still had access to the database three months after leaving his job.

In 2006 in Denver, electronic poll books made by Sequoia Voting Systems crashed extensively, causing long lines that resulted in an estimated 20,000 voters leaving polls without voting. During Georgia's primary this year problems with e-poll books made by Diebold Election Systems led to voting delays up to three hours long.

It is good to know that possibly 1/3 of the electorate may have voted early this year and that Obama has assembled the United States' "largest law firm" to monitor the election. The potential problems are so many that I tend to think the best hope is for Obama to win by such a landslide that his victory will be undeniable.

In other words: GOTV!

(h/t @andrewjcohen)

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Love Not Hate (No On 8)

If you are not in California (as I am not), you can still help protect the freedom to marry by making a donation to the No On 8 campaign and by asking others to help support the cause.

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Poem for the Youth Voter

Make sure everyone you know who is eligible votes in the presidential election.

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John McCain’s Character

In song:



In prose:

Just six months after being rebuked by the Senate Ethics Committee for exercising “poor judgment” when he interfered with federal regulators on behalf of a wealthy donor, Senator John McCain engaged in activities that may have constituted an abuse of his office for personal gain. In August 1991, McCain hosted a family reunion at the Bermuda Naval Air Station (BNAS) for at least seven days at taxpayer expense. McCain’s entourage of eleven included his wife, Cindy, and several of his children. The trip took place as Washington was still dealing with the fallout from the Keating Five scandal, an episode that involved other improper luxury Atlantic-island trips for McCain.

McCain’s junket to BNAS was first reported by ABC’s Primetime Live in a postscript to a December 1992 story on Senior Petty Officer George Taylor, the whistleblower who exposed the use of the Navy base by top officials for nongovernmental purposes. A March 1993 Navy Inspector General report, precipitated by thePrimetime Live segment, as well as a BNAS log record and a new interview with Taylor corroborate and amplify the substance of ABC’s story.

The Navy IG report, obtained by The Nation and never before made public, redacts the name of the “one U.S. Senator” who used BNAS as a “vacation site.” But in an interview with The Nation, Taylor, who was stationed at BNAS from May to November 1992, confirms that the senator in question was John McCain. A log book from BNAS, also obtained by The Nation, lists McCain as the only senator to have stayed on the island between 1989 and 1992.

In his interview, Taylor now recounts a conversation he had with a military psychiatrist who examined Taylor in 1992 for a psychiatric evaluation ordered by his supervisor in the wake of thePrimetime Live show, in an apparent act of retaliation for his whistleblowing. The anecdote raises the disturbing possibility that McCain’s Senate office attempted to influence the outcome of Taylor’s psychiatric evaluation.

In his 2002 memoir, McCain declared that he had learned from his mistakes in the Keating Five affair, writing, “I have carefully avoided situations that might even tangentially be construed as a less than proper use of my office.” But this most recent disclosure casts doubt on that claim.

“It was a family reunion…and the guests included grown children from a prior marriage…and minor children…a baby and a nanny,” the IG report says of the McCain family vacation—some aspects of which may have violated the law.

(Read the rest of McCain's Bermuda Triangle.)

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(Barack Obama) Change the World


(Barack Obama) Change the World from Change the World on Vimeo.

h/t jsmooth995

"Hello? Word? Obama needs a West Philly emcee to rhyme over Prince 'Thieves In The Temple'? Tell him I GOT IT"

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Please Sarah

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McCain’s Self-Immolating Campaign

For an elaboration on why the McCain/Palin hate mongering is a losing strategy see Abby's post.

I feel like McCain is doing a great job appealing to the bottom 16th percentile.... And “shoring up” the bottom 16th percentile isn’t going to win him any elections. There’s just not enough population there.

Let me tell you what I’m not saying: I’m not saying that people who are voting for McCain are stupid. But I think that their support for him must come from the work he’s done in his political life BEFORE the last few weeks or their allegience to their party, because the way his campaign has gone, the only new people left listening are likely people who don’t quite comprehend complex policy. Shouldn’t the smart “winning chess move” kind of thing to do right now be appealing to the swing votes? Surely swing voters are not too impressed with what they are seeing.

Attacks get people at a gut level. They are easier to hurl than calm, non-responsive even thinking. These frothed up crowds are the product of that kind of campaigning, and they are dangerous. In fact, I’m scared now EVEN IF OBAMA WINS. That isn’t strategic chess-playing. That’s reckless irresponsibility, because creating seething anger among groups of people is never a good idea!

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Pete at 89

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“Uppity,” That’s Racist for “Kill”

US Representative Lynn Westmoreland, a Republican from Georgia, made a very bald appeal to racists to unite against Obama. This wasn't a private statement caught on a mic he didn't realize was on. This was a statement for the record, to reporters, in the halls of the United States Congress.

Westmoreland was discussing vice presidential nominee Sarah Palin's speech with reporters outside the House chamber and was asked to compare her with Michelle Obama.

"Just from what little I’ve seen of her and Mr. Obama, Sen. Obama, they're a member of an elitist-class individual that thinks that they're uppity," Westmoreland said.

When asked to clarify, Westmoreland said it again, pretty much to say, you heard me, they're uppity n—s.

Asked to clarify that he used the word “uppity,” Westmoreland said, “Uppity, yeah.”

I bring up tne N-word because that is the debased level of rhetoric that the word "uppity" belongs to, especially when a white Southerner is directing it at Blacks.

This is overt racist thuggery. As Ta-Neshi Coates put it:

The worse part is it isn't vague. Uppity is exactly the term white thugs and terrorists used to use for high-achieving blacks--right before they burned down their neighborhoods and ran them out of town.

I suppose this might seem hyperbolic to some. It is a factual, historically accurate statement.

When I interviewed the children of Samuel O'Quinn, an African American man who was shot dead by a sniper at the gate to his property in Centreville, MS in 1959, they said that the main problem their father had with whites was that he was well educated and successful.

Samuel O'Quinn was a graduate of the Tuskegee Institute---"the highest form of education you could get" at that time, if you were Black, Rance O'Quinn emphasized.

"My mother and father gave away a fortune," Rance O'Quinn continued. "They gave money to every cause, the  building of every church. They bought the bus for the kids to go to school and paid the bus driver to take children to school."

"That's why he was hated," added Phalba O'Quinn Plummer. "They said he was biggity. They would say 'uppity' and 'biggity.' 'Biggity' means too big for his britches."

Five years after Samuel O'Quinn was murdered, in April 1964, his eldest son, Clarence, was attacked on the Centreville Post Office steps by Chief of Police Bill Ivey. "You damn uppity nigger, you think you own the town," Ivey said, as he beat O'Quinn with other whites looking on. Clarence O'Quinn's 94 year old grandmother, mourning the murder of her son Samuel, urged Clarence to leave town. "You have a life worth living; you should not throw it away," she said. "You have no rights and privileges here."

"I left Mississippi that same day," Clarence O'Quinn recalled. "I was humiliated. I was alone. There wasn't a Black person other than myself that I remember being at that post office, and I felt the evilness that lurked throughout Mississippi and Wilkinson County at that time. The separation from family, from friends was horrible and still is. Many have stood in my shoes and had no place to go."

“We used to see kids get beat up,” Rance O’Quinn said. “There were lynchings that were never reported. Kids never showed up again. You'd see them in school today; tomorrow you never heard from them and you never would know what happened to them.”

“So and so run away,” his sister Laura O'Quinn Smith added. “That’s all people said. ‘They run away.’”

Lynn Westmoreland's slur was a conscious evocation of the the racist sentiment that Blacks who refuse to be subservient to whites should be put in their place through violence---beatings, bombings, murder. Westmoreland's slur is also a call to arms to extremists who would still carry out Klan-style violence. Westmoreland is not fit to govern. I hope his colleagues in Congress are fervently asking for his resignation.

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Gustav

Waiting..

Gustav is now a Category 4 hurricane.

HAVANA, Cuba - Gustav has grown to a Category 4 hurricane with 145 mph winds, U.S. forecasters said Saturday, as the storm pummeled a Cuban province, threatened Havana and led to the evacuations of more than 240,000 Cubans.

The parallels to Hurricane Katrina three years ago are striking. See, for example, this report from the National Hurricane Center, 1 a.m., August 28, 2005:

...KATRINA STRENGTHENS TO CATEGORY FOUR WITH 145 MPH WINDS...

A HURRICANE WARNING IS IN EFFECT FOR THE NORTH CENTRAL GULF COAST FROM MORGAN CITY LOUISIANA EASTWARD TO THE ALABAMA/FLORIDA BORDER...INCLUDING THE CITY OF NEW ORLEANS AND LAKE PONTCHARTRAIN. A HURRICANE WARNING MEANS THAT HURRICANE CONDITIONS ARE EXPECTED WITHIN THE WARNING AREA WITHIN THE NEXT 24 HOURS. PREPARATIONS TO PROTECT LIFE AND PROPERTY SHOULD BE RUSHED TO COMPLETION.

Gustav is expected to touchdown somewhere in the same stretch of the Gulf Coast:

 The hurricane is still expected to hit the US Gulf coast on Monday or Tuesday, anywhere between east Texas and west Florida. Experts say the most likely area lies between Houston and Mobile, Alabama.

The eye of Katrina actually hit Waveland, MS; New Orleans just caught the side of hurricane, the worst of its devastation coming from the flooding that came after the worst of the storm. When I visited Mississippi for Dollars & Sense Magazine in January, 2006, I observed that in Bay St. Louis and Waveland:

I saw a few people who had returned and were living in trailers on their plots of land, but practically everything was deserted. All that remained were the merest remnants of homes and the things that had been inside them....

In each place I visited along the western half of Mississippi's Gulf Coast, the look of the destruction was a little different, but it was consistently total. And surprisingly, the destruction in the coastal areas of Pascagoula, at the eastern end of the state, is comparable. I remembered George W. Bush's promise to rebuild another "fantastic house" for Trent Lott on the Pascagoula beachfront. I did not know that 95% of the city's residential areas went underwater or that 65% of the city's homes remain uninhabitable. Northrop Grumman Ship Systems' facility in Pascagoula, which before Katrina employed 19,800 people, was all but obliterated.

Hurricane Katrina wiped out the entire Gulf Coast of Mississippi. The scale of the destruction is difficult to comprehend. All along the coast—mile after mile—just about anything that was there is now gone.

But this is only part of the story. According to the National Hurricane Center, the surge "penetrated at least six miles inland in many portions of coastal Mississippi and up to 12 miles inland along bays and rivers. The surge crossed Interstate 10 in many locations." Interstate 10 runs east-west, four miles or more north of coastal Highway 90.

Gayle Tart's brother Sam and his son John died in Pass Christian during the hurricane, on John's second birthday. Tart explained that father and son had drowned inside their own home.

"Water never came down there [before Katrina]. That's across the track. [With Katrina] that water came in and that water went out, and the velocity was unbelievable," Tart said. "The first boundary was the beach and the next boundary was the highway. The day after the storm, you saw neither—no beach and no highway."

Knowing what we know from three years ago, it is somewhat encouraging to hear that citywide evacuations are underway in New Olreans.

“I am strongly, strongly encouraging everyone in the city to evacuate,” Mayor C. Ray Nagin said in a news conference Saturday afternoon. “Start the process now. Go north if you can because the storm may continue to turn a little bit west.”

Mr. Nagin said that if the hurricane continues on its current path, a mandatory evacuation will be implented — probably about 8 a.m. Sunday.

Hotels were closing, and the sound of boards being hammered over windows could be heard. The state police on Saturday morning reported moderately heavy traffic on a principal highway north, Interstate 55, and a voluntary city-organized evacuation plan for the poor, elderly and sick — the principal victims in Hurricane Katrina — was in full swing.

Dozens waited outside for buses at 17 collection points all over the city to take them to the Union Passenger Terminal, the train station downtown. From there they will be taken by bus and train to cities in north Louisiana — Shreveport, Alexandria and Monroe — and to Memphis. They clutched duffle bags, plastic shopping sacks, small children and overstuffed suitcases, vowing to avoid at all costs the still-vivid nightmare of Katrina.

The buses arrived promptly at 8 a.m. — a sharp contrast to the chaos and disorganization of three years ago, when the only plan was to jam thousands of people without cars into the Superdome and let others fend for themselves.

“I refuse to go through that again,” said Roxanne Clayton, a photo technician at Walgreens, who was waiting in the Irish Channel neighborhood with her teenage son and 10-year-old daughter. She recalled being stuck in her attic for two days during Hurricane Katrina. “I’d rather play it safe than sorry, because I know what sorry feels like,” Ms. Clayton said.

A neighbor from the larger houses up Louisiana Avenue brought doughnuts for those patiently waiting, and many said they were simply grateful for the ride out of town.

In the Tremé neighborhood, bordering the French Quarter, large families without cars, and some who were simply homeless, waited for buses that quickly filled. “If you’ve been through Katrina, it’s time for you to go,” said Marion Colbert, a powder room attendant at a French Quarter restaurant for more than three decades. “You never know about these storms if you’ve been living in the city 80 years.”

In the Central City section, families, elderly men and the visibly infirm — people in wheelchairs and with canes — lined the sidewalk along Dryades Street for half a long block. “After going through Katrina, that ain’t no joke,” said Jody Anderson, who spent seven days in the Superdome. “It’s not worth it, trying to stay,” said Ms. Anderson, an unemployed former cashier....

State officials prepared an elaborate system of contraflow lanes on interstate and federal highways leading out of southern Louisiana, staging the plans so that those farthest south could exit first. In St. Bernard Parish, just east of New Orleans, officials ordered a mandatory evacuation beginning at 4 p.m. Saturday, warning residents that curfews would be enforced. The parish was one of the hardest hit in Hurricane Katrina, and many of its residents never returned.

Yet not everyone is rushing to leave:

Still, there were few signs of a mass exodus, though gasoline stations were crowded. With forecasters not predicting a direct hit on New Orleans, some here had made the decision to stay. “My sense from talking to citizens is that they are either in an extreme state of ‘anxious to leave,’ or they’re just tired and ‘I don’t want to be bothered,’ ” Mayor Nagin told reporters late Friday.

Hmmm. Tired and not wanting to be bothered. Maybe. But Mayor Nagin neglected to mention other anxieties that might make it difficult to evacuate. I'm sure that Beth Basile from St. Bernard Parish is not alone in her worry:

"If it's like Katrina, they might not let us back," says the 52-year-old old Wal-Mart cashier, her eyes baggy and smudged with worry. "They might put a fence around the whole parish and say, `Go away.'"In places like St. Bernard, the Lower 9th Ward, and trailer parks along the Gulf Coast, those still reeling from Katrina are now the most vulnerable to Hurricane Gustav.

I'm wondering what is being done to reassure evacuees that their return home is guaranteed. I'm also wondering why Mississippi, which may yet again be the state hit by the eye of the storm, is not already mobilizing on the same scale as Louisiana.

George Bush has declared a state of emergency in Mississippi, as requested by the state's governor, Haley Barbour. So far mandatory evacuations are only directed at the most vulnerable Mississippi residents, who are still living in FEMA trailers, Katrina cottages and in low lying areas.

In Harrison and Hancock counties, evacuations of residents from trailers and cottages will begin Sunday morning and they will be bused north to Jackson. Because there are fewer trailers and enough shelters in Jackson County, residents of trailers and cottages there won't be evacuated until Monday, Barbour said. Residents in low-lying areas and anyone who signed up for the state evacuation plan also will be moved out beginning Sunday morning.

These most vulnerable people should for sure be evacuated. But the people Barbour is making sure to evacuate are the same people he has been tacitly telling to go to hell while he spends CDBG money, intended to alleviate their homelessness, on other things like a $600 million port expansion expansion scheme. Barbour has realized since at least 2006, that it would be a public relations disaster for him if the world watched as another hurricane washed these same neglected Mississippi residents into the Gulf of Mexico.Even if you are not as cynical about Barbour as I am, remember: when Katrina hit Mississippi, flooding devastated communities ten miles inland. I saw the destruction with my own eyes and talked to people whose loved ones drowned inside their own houses. But Barbour and Homeland Security's Michael Chertoff are not rushing make sure Mississippians will be safe.

"We have not made a decision for any sort of mass evacuations," said Barbour....

"We're trying not to pull the trigger too quickly on evacuations," Chertoff said. "There may be some shifting in the direction of the storm," and the other officials urged residents to take personal responsibility for their safety by getting together food, water, first aid kits, flashlights and radios.

Since I started writing this post earlier today, Mayor Nagin has issued a mandator evacuation order for New Orleans. As the people of New Orleans once again flee a deadly storm, they can at least feel reassured that the local, state and federal authorities they have taken measures to ensure that the city is not again destroyed by flooding---actually just to make sure that some parts of the city are not again wrecked by flooding.

[F]loodgates have been constructed at the end of city drainage canals leading to Lake Pontchartrain, the principal conduits for the fateful surge during Hurricane Katrina. Still, there is no such arrangement on the Industrial Canal, the surge from which destroyed the still-empty Lower Ninth Ward.

Gustav may soon be a Category 5 storm. Pray for the people of the Gulf Coast.

---
Photo credit: Karen Apricot.

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When Does the Gulf Coast Recovery Start?

Things only seem to be getting worse.

I just received this email update from the KatrinaRitaVille Express:

House republicans moved today to pre-empt lawsuits against manufacturers of FEMA trailers, while whistleblowers from one supplier speak candidly about the dishonest government and company practices they were involved in.

Meanwhile, FEMA and local officials in coastal AL, MS and LA press on with evictions and other efforts to effectively shift the liability for any future health problems stemming from formaldehyde to trailer occupants themselves. New Orleans residents are now being fined $500 a day for remaining in FEMA trailers (on their own property) beyond July 1 - even though city and federal officials both know there is nowhere for them to go. Last month, 49 year old Eric Minshew, a mentally ill Katrina survivor in Lakeview, was killed by police after refusing to relinquish the FEMA trailer in his front yard - the only shelter he had. With occupancy down to 15,000 families (from 60,000 in January), it seems clear that one of the largest mass poisonings in US history is swiftly being remedied by one of our largest mass evictions.

The KatrinaRitaVille Express national FEMA Trailer Tour is headed to Denver, Saint Paul and down the Mississippi River this August and September. Please get involved. Stay posted.

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What’s Wrong with Voter ID

The US Supreme Court has hammered another nail in the coffin of the voting rights protections my father and many, many others risked their lives to establish for all Americans. (Why do I say "another" nail? See the related links at the end of this post.)

WASHINGTON — The Supreme Court upheld Indiana’s voter identification law on Monday, concluding in a splintered decision that the challengers failed to prove that the law’s photo ID requirement placed an unconstitutional burden on the right to vote.

The 6-to-3 ruling kept the door open to future lawsuits that provided more evidence. But this theoretical possibility was small comfort to the dissenters or to critics of voter ID laws, who predicted that a more likely outcome than successful lawsuits would be the spread of measures that would keep some legitimate would-be voters from the polls.

(link)

In light of the Supreme Court decision and the likelihood that it will encourage more states to pass voter ID laws, it seems appropriate to re-run some information that I compiled two years ago.

[Originally posted January 30, 2005]

(emphasis added)

New York
excerpt from:
http://www.gothamgazette.com/article/voting/20020401/17/728

First, there is the straightforward practical concern. As many as 3 million New York City voters do not have a driver's license. Indeed, 1990 census data showed that less than 50 percent of New York City's voting age residents had a driver's license compared with 91 percent of the state's residents overall. Also, members of minority groups are far less likely to have a driver's license than whites; recently naturalized citizens (and new immigrants from Puerto Rico) are also less likely to have a driver's license. For many of those potential voters, it may also prove onerous for them to have another valid form of identification handy when they go to the polls. This requirement, then, could depress the voting power of New York City and members of minority groups.

Second, application of the identification requirement is likely to create a host of problems. An identification requirement will require poll workers to use their discretion and judgment. More discretion and judgment will be required when the voters use a form of identification other than a driver's license. Unfortunately, poll workers often get the rules wrong. The more complicated the rules, the more likely they will not be applied properly - and this set of rules could seem complicated. A study of New York City's 2001 general election by the New York Public Interest Research Group demonstrated that most poll workers did not know basic rules about where someone should vote if they moved or who could help a disabled person vote. This suggests that poll workers will not be able to apply an identification requirement properly. Under the bill, the first-time voters who fail to provide proper identification should be permitted to vote with an affidavit or paper ballot, with which they sign an affidavit promising that they are who they say they are. But, again, given the reliability of the poll workers, it is quite likely that significant numbers of voters could be wrongly turned away. In fact, New York election lore is full of stories about poll workers who do not know when someone should use such a ballot and denying voters access to such ballots.

The i.d. requirement also creates opportunities for discriminatory treatment. African-Americans have a history of being subjected to special scrutiny at the polling place - as have members of other minority groups and recently naturalized citizens. Stories abounded in Duval County, Florida of African-American voters being asked to show a form of identification - sometimes two - while white voters were allowed to sign in without presenting any i.d. Similarly, a survey conducted by the Asian American Legal Defense Fund found that in the 2001 New York City general election one in six Asian voters was improperly asked to show identification before voting.

Finally, there is no evidence that such a rule is needed. In even the closest elections, there is rarely any evidence of voter fraud at the polls. And, the experience of states with same-day voter registration suggests that identification is not needed to protect against fraud.

Wisconsin
excerpt from:
http://www.jsonline.com/news/editorials/mar03/129305.asp

Guess how many verified cases of identification fraud lawmakers cited in advocating a new rule that residents show a Wisconsin driver's license or a state ID card each time they vote? Answer: Zero.

That's right. Backers of the measure noted not a single instance anywhere in Wisconsin in which it was shown that a voter lied about who he or she was in casting a ballot. So the ID rule, approved this month by the Assembly, fixes a problem that lawmakers have failed to show exists.

Well, the rule won't do any harm, right? Wrong: It will do harm. This added step is sure to stop some eligible voters from exercising their franchise. That price is worth paying only if identification fraud amounts to a serious problem in state elections.

Ease of voting has put the state among the leaders in voter turnout - a tradition lawmakers should safeguard. Wisconsin requires proof of residency at the time one registers, not a state ID each time one votes. Right now, only eight states require all residents to show identification on each trip to the polls, according to the National Conference of State Legislatures, and only one of those states, South Carolina, mandates the use of driver's licenses or state ID cards. That's company Wisconsin shouldn't keep.

True, for an overwhelming number of residents, the ID requirement would amount to a small or no inconvenience. But for a minority, it could act as a stumbling block to the polls, which should be easily accessible to all eligible voters.

The rule could keep from the polls: newcomers with out-of-state driver's licenses; poor people too consumed with day-to-day existence to take the time to get the proper ID; elderly or disabled people lacking the mobility to conveniently get the required cards; and residents who have misplaced their ID cards or have simply forgotten to bring them to the voting sites.

New Mexico
excerpt from:
http://abqjournal.com/opinion/guest_columns/223359opinion09-15-04.htm

Like most states, New Mexico has never required voter ID. New Mexico's checks on voter fraud include a computerized system that verifies that voters are real, live where they say, and are eligible to vote. Voting twice is a crime, and voters' signatures are in county clerks' records for comparison.

Voter ID requirements have been shown to interfere with balloting by students and by voters who don't: drive; have a utility bill in their name; bring "proper ID" to the polls; or understand the complicated procedure for providing ID to vote absentee.

An ID requirement, particularly one imposed at the last minute, would effectively turn many lawful voters away.

Two weeks ago, despite these facts, Republican Party lawyers concocted a "voter ID" controversy by loudly proclaiming their "shocking discovery" that voter registration groups had filed "at least 3,000 fraudulent registrations in Bernalillo County alone." This provoked the public freakout the Republicans wanted. Their charge, however, turned out to be fabricated. When their lead plaintiff was under oath, he had to admit they had no evidence of fraud. The "3,000 fraudulent registrations" were duplicates, forms with illegible addresses, omitted Social Security numbers, unsigned forms and the like. In other words, just what you would expect among 60,000 new registrations. None were added to the voter rolls, nor could they have resulted in a fraudulent vote. The only arguably "fraudulent" registration apparently was a teenager's prank that would have been routinely screened out during computerized cross-checking of Social Security numbers.

In court, the director of the Bureau of Elections and a county clerk's representative carefully explained how New Mexico's databases eliminate felons, dead people, people who have moved away, and other ineligible voters.

National studies confirm the United States does not have the "voting fraud" problem the Republicans are braying about. What we do have is a pattern of exclusion of lawful voters. This is the ugly picture that emerged in Florida where thousands of black voters were wrongfully denied the vote. It does not take a vivid imagination to know what a requirement for "proper ID" would translate into in Florida or, for that matter, what kind of chaos would reign at New Mexico polls if a last-minute "voter ID" requirement were imposed on thousands of new voters when there is no agreement on what constitutes a valid ID. --snip--
So why are the Republicans beating the drum for voter ID for new registrants? The answer is simple. There are more than 120,000 new registrants in New Mexico— 44 percent Democrats, 24 percent Republicans and the rest "Independent" or "Won't Say."

Add to that the fact that ID requirements historically disrupt voting by students, minorities (particularly Native Americans in remote areas), the institutionalized elderly and the poor. These groups (surprise!) tend to vote Democratic. If you think the Republicans would be demanding voter ID if new-voter numbers were reversed, I have a bridge to sell you.

The percentages being what they are, a voter ID requirement would likely shave a couple of points off the Democrats' margin in this swing state. Republicans are about as concerned with "voter fraud" as they are with protecting the spotted owl. They want the chaos and vote suppression they managed in Florida.

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US May Have Drugged Detainees in Violation of Nuremberg Code

The Washington Post's Joby Warrick reports today that

At least two dozen other former and current detainees at Guantanamo Bay and elsewhere say they were given drugs against their will or witnessed other inmates being drugged, based on interviews and court documents.

Warrick's WaPo article gives a vivid account from Adel al-Nusairi, one of the detainees who has come forward.

Nusairi is among a handful of former detainees who directly allege the use of drugs in interrogations at the military prison in Guantanamo. Others described being forcibly given sedatives that knocked them out or made them groggy before being transferred, or being forced to take pills or receive shots for unclear reasons and suffering unusual symptoms afterward. At least one detainee has alleged in a written statement through his attorney that he was drugged after being "renditioned" or transferred by U.S. officials to a prison in Morocco.

Nusairi, in prison interviews in 2005 with Anant Raut, his attorney, described a six-month period in which he says his captors subjected him to drugs and temperature extremes to extract information about al-Qaeda connections they believed he had.

"They thought he was hiding something," said Raut, who represented Nusairi and other Saudi detainees in 2005 and 2006 while working for the Washington office of the law firm Weil, Gotshal & Manges. "He was injected in the arm with something that made him tired -- that made his brain cloudy. When he would try to read the Koran, his brain would not focus. He had unusual lethargy and would drool on himself."

It was during one such episode, in an interrogation room Nusairi remembers as ice-cold, that he became so desperate for sleep that he signed a confession professing to involvement in al-Qaeda, according to his attorney's notes. The interrogator watched him sign his name, and "then he smiled and turned off the air conditioner. And I went to sleep," Nusairi said, according to the notes.

After the confession-- which Nusairi later said was a lie -- the Saudi remained at Guantanamo Bay for another three years before being turned over to his home country, which released him. "He signed the statement, and they declared him an enemy combatant," Raut said, "yet they released him anyway with no explanation." The Saudi Embassy declined to comment.

Nusairi and other detainees' allegations that they were drugged have enormous ramifications.

"The use of drugs as a form of restraint of prisoners is both unlawful and unethical," said Leonard Rubenstein, an expert on medical ethics and the president of Physicians for Human Rights. "These allegations demand a full inquiry by Congress and the Department of Justice."

Scott Allen, a physician and co-director of the Center for Prisoner Health and Human Rights in Providence, R.I, noted that there are no accepted medical standards for the use of drugs to subjugate prisoners. Thus, any such use in interrogations "would have to be considered an experimental use of medicine."

Medical experimentation on detainees is a violation of the Nuremberg Code. Physicians for Human Rights elaborated on this in a statement today:

The Helsinki Declaration and the Nuremberg Code establish standards for the protection of individual rights in human experimentation, which are largely codified in US law. They absolutely prohibit human experimentation without the consent of the subject. These ethical rules, the Nuremberg Code in particular, were created in response to human experiments conducted by German health professionals on prisoners during World War II. The doctors involved in those human rights abuses were later convicted of war crimes and crimes against humanity.

It is all the more telling, then, that one of the Yoo memos released this month contains justifications of drugging:

Written to provide legal justification for interrogation practices, the memo by then-Justice Department lawyer John C. Yoo rejected a decades-old U.S. ban on the use of "mind-altering substances" on prisoners. Instead, he argued that drugs could be used as long as they did not inflict permanent or "profound" psychological damage. U.S. law "does not preclude any and all use of drugs," Yoo wrote in the memo.

George Bush has recently acknowledged that he knew his senior advisors approved the CIA's "enhanced" interrogation techniques. Did the Bush advisors also approve a program of drug experimentation on detainees? Is the President directly implicated in violations of the Nuremberg Code's prohibitions on human experimentation?

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Hillary Clinton Exploits the Race Chasm

I missed this fascinating article by David Sirota when it came out a couple of weeks ago, explaining why and how race matters in Hillary Clinton's primary campaign against Barrack Obama.

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Since at least the South Carolina primary, the Clinton campaign’s message has been stripped of its poll-tested nuance and become a rather crass drumbeat aimed at reminding voters that Obama is black. Whether it is former President Clinton likening Obama’s campaign to Jesse Jackson’s; Clinton aides telling the Associated Press that Obama is “the black candidate,” or Geraldine Ferraro tapping into anti-affirmative action anger by claiming Obama’s success is a product of his skin color, barely a week goes by without a white Clinton surrogate injecting race into the nominating contest.

That is one of the twin pillars of the Clinton firewall—a well-honed strategy aimed at maximizing “the Race Chasm.” The Race Chasm may sound like a conventional discussion of the black-white divide, but it is one of the least-discussed geographic, demographic and political dynamics driving the contest between Clinton and Obama. I call it the Race Chasm because of what it looks like on a graph. Here’s how it works.

To date, 42 states and the District of Columbia have voted in primaries or caucuses. Factor out the two senators’ home states (Illinois, New York and Arkansas), the two states where Edwards was a major factor (New Hampshire and Iowa) and the one state where only Clinton was on the ballot (Michigan) and you are left with 37 elections where the head-to-head Clinton-Obama matchup has been most clear. Subtract the Latino factor (a hugely important but wholly separate influence on the election) by removing the four states whose Hispanic population is over 25 percent (California, New Mexico, Texas and Arizona), and you are left with 33 elections that best represent how the black-white split has impacted the campaign.

As the Race Chasm graph shows, when you chart Obama’s margin of victory or defeat against the percentage of African-Americans living in that state, a striking U trend emerges. That precipitous dip in Obama’s performance in states with a big-but-not-huge African-American population is the Race Chasm—and that chasm is no coincidence.

On the left of the graph, among the states with the smallest black population, Obama has destroyed Clinton. With the candidates differing little on issues, this trend is likely due, in part, to the fact that black-white racial politics are all but non-existent in nearly totally white states. Thus, Clinton has fewer built-in advantages. Though some of these states like Idaho or Wyoming have reputations for intolerance thanks to the occasional militia headlines, black-white interaction in these places is not a part of people’s daily lives, nor their political decisions. Put another way, the dialect of racism—the hints of the Ferraro comment and codes of Bill Clinton’s Jesse Jackson reference, for instance—is not politically effective because such language has not historically been a significant part of the local political discussion. That’s especially true in the liberal-skewed Democratic primary.

On the right of the graph among the states with the largest black populations, Obama has also crushed Clinton. Unlike the super-white states, these states—many in the Deep South—have a long and sordid history of day-to-day, black-white racial politics, with Richard Nixon famously pioneering Republican’s “southern strategy” to maximize the racist segregationist vote in general elections. “But in the Democratic primary the black vote is so huge [in these states], it can overwhelm the white vote,” says Thomas Schaller, a political science professor at the University of Maryland—Baltimore. That black vote has gone primarily to Obama, helping him win these states by big margins.

It is in the chasm where Clinton has consistently defeated Obama. These are geographically diverse states from Ohio to Oklahoma to Massachusetts where racial politics is very much a part of the political culture, but where the black vote is too small to offset a white vote racially motivated by the Clinton campaign’s coded messages and tactics. The chasm exists in the cluster of states whose population is above 6 percent and below 17 percent black, and Clinton has won most of them by beating Obama handily among white working-class voters.

In sum, Obama has only been able to eke out victories in three states with Race Chasm demographics, where African-American populations make up more than 6 percent but less than 17 percent of the total population. And those three states provided him extra advantages: He won Illinois, his home state; Missouri, an Illinois border state; and Connecticut, a state whose Democratic electorate just two years before supported Ned Lamont’s insurgent candidacy against Joe Lieberman, and therefore had uniquely developed infrastructure and political cultures inclined to support an outsider candidacy. Meanwhile, three-quarters of all the states Clinton has won are those with Race Chasm demographics.

Pennsylvania Gov. Ed Rendell (D), a Clinton supporter, publicly acknowledged this dynamic in February. He suggested to the Pittsburgh Post-Gazette editorial board that Obama’s ethnicity could prevent him from winning the state, which, at 10.6 percent black, falls squarely in the Race Chasm.

“You’ve got conservative whites here, and I think there are some whites who are probably not ready to vote for an African-American candidate,” Rendell said.

That was echoed by Obama supporter David K. Levdansky, a state representative from western Pennsylvania. “For all our wanting to believe that race is less of an issue than ever before, the reality of racism still exists,” he told the New York Times. “It’s not that [Pennsylvanians] don’t think he’s qualified, but some people fear that it might be empowering the black community by electing Obama.”

Read the whole thing.

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