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You are here: Home / Politics / Activist Judges! / We may have come full circle

We may have come full circle

by Kay|  August 16, 201210:49 am| 127 Comments

This post is in: Activist Judges!

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A reader of Rick Hasen’s Election Law Blog sent this in and it’s fascinating in light of the Pennsylvania voting restrictions that in my opinion were specifically and carefully designed to target Philadelphia voters. Any emphasis in a particular portion of the piece is mine, and was not in the original:

Judge Simpson relies heavily on Paterson v. Barlow, 60 Pa. 54, an 1869 case, and on Winston, a 1914 case that adopted Paterson’s standard. The tagline that everyone remembers from Paterson is its “plain, palpable, and clear abuse” standard of review of registration laws.

What people don’t know is that the opinion settling on that standard is a display of xenophobia and agrarian prejudice as startling as any you’ll find in an American reported decision.

At issue in Paterson was a law patently designed to disenfranchise Philadelphians; among other things, it struck anyone who boarded at a hotel, tavern or sailors’ boarding house from the rolls, and only let them back in if they could supply affidavits from two homeowners in their voting district.

But better yet, that rule, on the face of the statute, only applied to Philadelphia, along with a host of others. The court held that this differential treatment between Philadelphia and the rest of the state was constitutional because Philadelphians, simply, were bad people:

”Where population greatly abounds vice and virtue have their greatest extremes. A simple rural population needs no night police, and no lock-up. Rogues and strumpets do not nightly traverse the deserted highways of the farmer. Low inns, restaurants, sailors’ boarding-houses, and houses of ill fame do not abound in rural precincts, ready to pour out on election day their pestilent hordes of imported bullies and vagabonds, and to cast them multiplied upon the polls as voters. In large cities such things exist, and its proper population therefore needs greater protection, and local legislation must come to their relief. The freedom and equality of the ballot-box must be protected from the local causes which mar and destroy a free and equal election.” 60 Pa. at 78.
Later:

The court then goes on to speculate that without disenfranchising people who stay at hotels, the good householders of Philadelphia could go to the polls only to end up dead:

”How then can the freedom and equality of election be secured in a great city if from the force of local circumstances the places of the real electors are usurped, if the ballot-box can be stuffed with impunity, or if suffrage can be exercised only at the risk of violence or life?”

This passage is especially colorful, with its imagery of urban voters “floating upon the rivers” like some sort of vermin or pestilential insect:

“Where the population of a locality is constantly changing, and men are often unknown to their next-door neighbors; where a large number is floating upon the rivers and the sea, going and returning and incapable of identification; where low inns, restaurants and boarding-houses constantly afford the means of fraudulent additions to the lists of voters, what rule of sound reason or of constitutional law forbids the legislature from providing a means to distinguish the honest people of Philadelphia from the rogues and vagabonds who would usurp their places and rob them of their rights? I cannot understand the reasoning which would deny to the legislature this essential power to define the evidence which is necessary to distinguish the false from the true.”

Here is a link to an amicus brief submitted by a Tea Party member supporting the restrictions on voting. In it, the Tea Party person argues basically the same thing: people in Philadelphia are just bad people.

Read it yourself (pdf)

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Reader Interactions

127Comments

  1. 1.

    Mark S.

    August 16, 2012 at 10:52 am

    Wow, doesn’t the 14th Amendment trump some decision made by hillbillies in 1869?

  2. 2.

    Lee

    August 16, 2012 at 10:57 am

    There has to be a federal challenge (or at least injunction) to this decision.

    According to sane people isn’t that the whole point of the federal government?

  3. 3.

    Steve

    August 16, 2012 at 10:58 am

    From Hasen’s writeup, I gathered the main reason for the court’s ruling is that the ACLU plaintiffs didn’t need an injunction, because even if they couldn’t get an ID, they could just get an absentee ballot by lying on their application and probably no one would check up on them.

    Can that possibly be what the court said?

  4. 4.

    maurinsky

    August 16, 2012 at 10:59 am

    It’s kind of horribly ironic that America has become less free since Obama was elected….if only because his opponents are bound and determined to make it so.

  5. 5.

    maurinsky

    August 16, 2012 at 11:00 am

    It’s kind of horribly ironic that America has become less free since Obama was elected….if only because his opponents are bound and determined to make it so.

  6. 6.

    maurinsky

    August 16, 2012 at 11:00 am

    It’s kind of horribly ironic that America has become less free since Obama was elected….if only because his opponents are bound and determined to make it so.

  7. 7.

    The Snarxist Formerly Known As Kryptik

    August 16, 2012 at 11:01 am

    @Mark S.:

    But those hillbillies were REAL ‘MURICANS! Unlike those goddamned Democrats Blah people Philadelphians.

  8. 8.

    maurinsky

    August 16, 2012 at 11:01 am

    It’s kind of horribly ironic that America has become less free since Obama was elected….if only because his opponents are bound and determined to make it so.

  9. 9.

    maurinsky

    August 16, 2012 at 11:02 am

    It’s kind of horribly ironic that America has become less free since Obama was elected….if only because his opponents are bound and determined to make it so.

  10. 10.

    Steve

    August 16, 2012 at 11:03 am

    @Lee: Lots of people assured me in an earlier thread that there is nothing the federal government can do here because a different voter ID law was upheld somewhere else in the country, and Pennsylvania is not a Section 5 covered jurisdiction. However, news sources tell me the DOJ opened a formal investigation into Pennsylvania’s law last month and hasn’t announced the outcome yet. So I’m going to respectfully disagree with those people and say it’s entirely possible for the DOJ to take action.

  11. 11.

    beth

    August 16, 2012 at 11:05 am

    So when do we start seeing the laws requiring voters to present themselves and a photo ID at some government office in order to secure an absentee ballot? How did the Republicans miss taking care of this or is it on the schedule to be passed two weeks before the election?

  12. 12.

    The Snarxist Formerly Known As Kryptik

    August 16, 2012 at 11:06 am

    @Mark S.:

    But those hillbillies were REAL ‘MURICANS! Unlike those goddamned Democrats Blah people Philadelphians.

  13. 13.

    The Moar You Know

    August 16, 2012 at 11:06 am

    Substitute every pejorative in the cited ruling with “Negroes” and I think I see how the judge got to his decision.

  14. 14.

    Villago Delenda Est

    August 16, 2012 at 11:06 am

    “They’re just bad people”.

    The teatard vermin would scream like banshees if the tables were reversed.

    Which they should be.

    We learned in WWII how to deal with people like the teatards.

  15. 15.

    Kay

    August 16, 2012 at 11:06 am

    @Steve:

    From Hasen’s writeup, I gathered the main reason for the court’s ruling is that the ACLU plaintiffs didn’t need an injunction, because even if they couldn’t get an ID, they could just get an absentee ballot by lying on their application and probably no one would check up on them.
    Can that possibly be what the court said?

    Honestly, I read it as the judge wasn’t worried about elderly voters because they can honestly qualify for an absentee ballot. He then dismissed the elderly voter issue, because although LOTS and LOTS of elderly voters LIKE to vote on election day, he doesn’t care.
    As a pollworker, I would disagree strongly with him. Some elderly voters really, really enjoy coming out (those who do) partly because it’s a tradition for them but partly because it has social aspects, they’re participating with their neighbors, etc. There’s no reason to take that from them.
    Lying to obtain an absentee ballot is probably a fairly serious offense. I hope the work-around to this mess of a law isn’t “lie to get an absentee ballot”.

  16. 16.

    and and and

    August 16, 2012 at 11:07 am

    i love the patchwork of reliable sources pulled together for that very compelling amicus brief.

  17. 17.

    Villago Delenda Est

    August 16, 2012 at 11:07 am

    “They’re just bad people”.

    The teatard vermin would scream like banshees if the tables were reversed.

    Which they should be.

    We learned in WWII how to deal with people like the teatards.

  18. 18.

    Villago Delenda Est

    August 16, 2012 at 11:08 am

    “They’re just bad people”.

    The teatard vermin would scream like banshees if the tables were reversed.

    Which they should be.

    We learned in WWII how to deal with people like the teatards.

  19. 19.

    Frankensteinbeck

    August 16, 2012 at 11:08 am

    The question is, is this settled law upheld by future rulings, or has Simpson done the equivalent of digging up an old witchcraft law? Will an appeals judge go ‘You seriously quoted Paterson vs. Barlow? What are you smoking?’ or go ‘Yeah, that’s the law as it exists. It really sucks.’?

  20. 20.

    The Snarxist Formerly Known As Kryptik

    August 16, 2012 at 11:09 am

    @Mark S.:

    But those hillbillies were REAL ‘MURICANS! Unlike those goddamned Democrats Blah people Philadelphians.

  21. 21.

    Kay

    August 16, 2012 at 11:09 am

    @Steve:

    It’s just from what I’ve read, section 2 of the VRA (what they would be relying on) doesn’t have a whole lot of law associated with voting. It’s been used in redistricting. So that’s why people are wary of a success relying on Section 2. There isn’t a lot of law on this issue.

  22. 22.

    Villago Delenda Est

    August 16, 2012 at 11:09 am

    “They’re just bad people”.

    The teatard vermin would scream like banshees if the tables were reversed.

    Which they should be.

    We learned in WWII how to deal with people like the teatards.

  23. 23.

    Villago Delenda Est

    August 16, 2012 at 11:10 am

    “They’re just bad people”.

    The teatard vermin would scream like banshees if the tables were reversed.

    Which they should be.

    We learned in WWII how to deal with people like the teatards.

  24. 24.

    maya

    August 16, 2012 at 11:12 am

    W.C. Fields once said that he spent a week in Philadelphia one night, so there’s that too that was tossed into the judge’s opinion stew.

  25. 25.

    opie_jeanne

    August 16, 2012 at 11:13 am

    Brian Williams had the stones to tell Jon Stewart that this disenfranchisement by states like Ohio and Pennsylvania only affects 12 counties in the entire country. Only 12 counties, Jon.

    He neglected to mention that those 12 counties take in the majority of voters in some of those states.

    It’s near the end of this clip, at the 6:02 point after Stewart points out that the Republicans are trying to keep people from voting:

    http://www.thedailyshow.com/watch/wed-august-15-2012/brian-williams

  26. 26.

    dr. bloor

    August 16, 2012 at 11:15 am

    Time for a Full Court Press by the good guys to make sure that the Pennsylvania Supremes know they will be defined by this nonsense forever if they don’t overturn Judge Homer Simpson’s decision. Can’t find the link, but apparently there’s one Republican with some semblance of a conscience who might be reluctant to let it stand.

  27. 27.

    spongeworthy

    August 16, 2012 at 11:18 am

    I agree that there is a rogue’s gallery of anecdotes in that amicus brief. I see no indication the judge relied on it for much though.

    Does it ever occur to anybody here that voter ID wouldn’t even be discussed if voters trusted elections? Over 70% of voters favor ID–that’s pretty definitive. How can we encourage people to vote if they do not trust the process?

  28. 28.

    Quarks

    August 16, 2012 at 11:18 am

    In years of voting in urban areas, I never saw a single strumpet at the polls. I feel cheated.

  29. 29.

    kd bart

    August 16, 2012 at 11:18 am

    “Philadelphians are bad people”

    Have you ever sat near one at a ball game? If you had, you would agree with this statement.

  30. 30.

    Bulworth

    August 16, 2012 at 11:21 am

    But Biden said something about ‘chains’ so it’s all equal. Both sides do it.

  31. 31.

    Davis X. Machina

    August 16, 2012 at 11:22 am

    VRA Section 5 pre-clearance involves not just redistricting, but any attempt to change “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting…” in any covered jurisdiction.

    It’s been used more often to challenge redistricting schemes, but that’s a historical accident.

  32. 32.

    Culture of Truth

    August 16, 2012 at 11:23 am

    I notice that tea partier went full birther.

  33. 33.

    opie_jeanne

    August 16, 2012 at 11:24 am

    @kd bart: My youngest was engaged to one and we liked him and his family. We didn’t like being around them when there was a hockey game, though.

  34. 34.

    Kay

    August 16, 2012 at 11:25 am

    @Davis X. Machina:

    I know, but we’re not talking about Section 5. PA isn’t a pre-clearance state or area.

  35. 35.

    ericblair

    August 16, 2012 at 11:26 am

    @beth:

    So when do we start seeing the laws requiring voters to present themselves and a photo ID at some government office in order to secure an absentee ballot? How did the Republicans miss taking care of this or is it on the schedule to be passed two weeks before the election?

    We won’t, because the goopers consider that a reliable vehicle for gooper voters. Of course it’s far more open to abuse, especially by people with multiple properties, but those people tend to skew gooper so it’s all good.

    It is a worthwhile argument to make to show how hypocritical the right is being about voting. Sort of like triple-locking the upstairs window while leaving the back door open.

  36. 36.

    Hungry Joe

    August 16, 2012 at 11:26 am

    “Then there was the educated Texan from Texas who looked like someone in Technicolor and felt, patriotically, that people of means — decent folk — should be given more votes than drifters, whores, criminals, degenerates, atheists and indecent folk — people without means.”

    — Joseph Heller, “Catch-22”

  37. 37.

    Davis X. Machina

    August 16, 2012 at 11:27 am

    @Kay: The question up-thread was whether Section 5 was specifically a tool to use just against racial gerrymandering…

  38. 38.

    Mnemosyne (iPhone)

    August 16, 2012 at 11:30 am

    @spongeworthy:

    Does it ever occur to anybody here that voter ID wouldn’t even be discussed if voters trusted elections?

    Ah, yes, the Republicans’ favorite strategy: work for years to destroy the citizens’ trust in the government, and then smugly claim that we have to follow Republican solutions to the problem that Republicans created because now people don’t trust “the government.”

    How very convenient for you guys. “Sure, we broke it, but we’re the only ones who can fix it!”

  39. 39.

    The Dangerman

    August 16, 2012 at 11:39 am

    While I agree the Pennsylvania law is horseshit…

    …that State, if I recall correctly, isn’t within the margin of cheating/stealing. Romney ceased spending in PA.

    The law sucks road apples, but I don’t see it flipping the state. The law needs to be reversed/struck, but there are bigger battles out there.

  40. 40.

    Bob

    August 16, 2012 at 11:40 am

    @opie_jeanne: I had the same initial reaction while watching but shortly realized that Williams had moved on to a new talking point that just 12 counties control the outcome of the election, and he wasn’t referring to voter suppression.

  41. 41.

    Lee

    August 16, 2012 at 11:43 am

    @The Dangerman:

    While it probably won’t matter on the Presidential ballot, what we know now is that the control of the state government is also very important.

  42. 42.

    Punchy

    August 16, 2012 at 11:43 am

    Speaking of bad people, looks like Dave has had just a bit too much coke in those nostrils.

    It seems Obama staged the Aurora and Wisky shootings. I wish I were joking.

  43. 43.

    Carl Nyberg

    August 16, 2012 at 11:46 am

    I’ll add my voice to the chorus that says this seems to run afoul the 14th Amendment.

    And using 19th Century and hundred-year old cases to decide voting rights matters seems inherently suspect.

    It’s pretty suspect to rely upon cases that old in most areas. There has to be a pretty compelling reason why a court relies heavily on cases that old on any matter.

  44. 44.

    spongeworthy

    August 16, 2012 at 11:50 am

    @Mnemosyne (iPhone): If voters have lost confidence in government, that can only make for smarter voters. Do a better job!

    But we’re talking about elections, not government. So if you have no faith in government and you don’t trust elections to be honest, what would cause you to go vote?

    From the comments here, it doesn’t look to me like any of you are willing to take any responsibility for the voters’ lack of faith in honest elections. That’s like me screaming that nobody wants to invade Syria over their WMD’s.

  45. 45.

    The Dangerman

    August 16, 2012 at 11:50 am

    @Lee:

    …what we know now is that the control of the state government is also very important.

    No disagreement; I’m just saying there’s bigger battles out there.

  46. 46.

    1badbaba3

    August 16, 2012 at 11:53 am

    No way in hayull Obama and Holder let this kind of shite stand. For obvious reasons, of course.

  47. 47.

    Carnacki

    August 16, 2012 at 11:53 am

    I mean, if it referred specifically to Philadelphia Eagles fans I’d say they had a valid point about them being bad people.

  48. 48.

    Villago Delenda Est

    August 16, 2012 at 12:00 pm

    Well, FYWP has gone full scale teatard on us. The feedback I got on my multiple post (submitted once, mind you) was “error establishing database connection”.

    Something is seriously wrong here.

  49. 49.

    West of the Cascades

    August 16, 2012 at 12:02 pm

    @The Dangerman: This is good to hear … it would be deliciously ironic if imposing this law leads to a more enthusiastic (and angry) Democratic electorate and higher Democratic turnout, despite the more restrictive ID requirement.

  50. 50.

    japa21

    August 16, 2012 at 12:03 pm

    @spongeworthy: I am not going to take responsibility for the voters’ lack of faith in the honesty of elections. It isn’t the Dems that have caused that lack of faith, it is the Republicans constantly screaming about voter fraud when there isn’t any.

    The real reason for there to be lack of faith is the way votes are tabulated, on machines which can be easily hacked and which leave no paper trail. The Dems have tried to deal with this but 1) the media doesn’t mention it and 2) the Republicans don’t want to talk about it because they are the ones that own the voting machines.

  51. 51.

    1badbaba3

    August 16, 2012 at 12:05 pm

    @Villago Delenda Est: Yes, lots of multiples. Who, I say, who is that in Cole’s kitchen? I, of course, blame Obama.

  52. 52.

    Mnemosyne (iPhone)

    August 16, 2012 at 12:07 pm

    @spongeworthy:

    From the comments here, it doesn’t look to me like any of you are willing to take any responsibility for the voters’ lack of faith in honest elections

    I know, it’s so weird that Democrats won’t take responsibility for the lies that Republicans spew, like when that Republican official in North Carolina claimed that he had proof of “thousands” of fraudulent votes cast but only managed to provide documentation for one “fraudulent” vote, which turned out not to be fraudulent at all (he claimed the voter was dead when the guy was very much alive).

    When, oh when will Democrats admit they’re responsible for the lies that Republicans tell?

  53. 53.

    Svensker

    August 16, 2012 at 12:09 pm

    @spongeworthy:

    From the comments here, it doesn’t look to me like any of you are willing to take any responsibility for the voters’ lack of faith in honest elections.

    It comes from a barrage of propaganda over the years from the Right Wing Noise Machine that has successfully entered the zeitgeist. How should I take responsibility for that?

  54. 54.

    The Other Chuck

    August 16, 2012 at 12:11 pm

    How hard is it to just keep a md5 hash of article content then when a post is submitted, reject it if the hash is the same. This is just basic shit any software should be able to do. Fucking computers, how do they work? The wordpress people are at least as damaged in the head as the PHP folks.

    Oh and at work, I have the great fun of blocking pretty much every wordpress site that allows image attachments because they’re spam and malware vectors (wordpress doesn’t even check the fucking content).

  55. 55.

    SatanicPanic

    August 16, 2012 at 12:11 pm

    @Punchy: It’s too bad for Lars Ulrich that more people don’t remember Dave Mustaine used to be in Metallica. Lars looks less douchy by comparison.

  56. 56.

    Steve

    August 16, 2012 at 12:11 pm

    @spongeworthy: Many states have voter ID requirements. Do you have any evidence that elections in those states are more trusted as a result? I know lots of people who spin crazy conspiracy theories about elections, but I have yet to find one person who says “now that voter ID is required, I feel I can trust the elections now.” If they’re convinced the other side is up to shenanigans, they’ll be convinced no matter what.

    Meanwhile, legal voters aren’t able to vote because we tried in vain to assuage these people’s phantom fears.

  57. 57.

    Davis X. Machina

    August 16, 2012 at 12:16 pm

    @The Other Chuck:

    How hard is it to just keep a md5 hash of article content then when a post is submitted, reject it if the hash is the same. This is just basic shit any software should be able to do.

    This very site, IIRC, used to have such a dupe trap — a beige screen with a white box that said ‘Oops — it looks like you already made this comment’.

  58. 58.

    noabsolutes

    August 16, 2012 at 12:19 pm

    I don’t even actually care if the voter disenfranchisement scheme fails and PA goes for Obama anyway; voting is a constitutional right. We fought a war over it. It should be easier than getting a driver’s license, or a mortgage, or a job, or a membership at a video store. It’s an absolute necessity for our form of government (which of course Republicans are against).

    The amicus brief by that nutso is really incredible. It basically just says flat-out, Democrats are bad, John McCain was too scared to be racist enough or else he could have won PA, and black people are somehow fraudulently voting Democratic in vast numbers… which is weird because I thought black people were allowed to vote. The entire point is that the writer thinks black people voting deprives white people of their power to decide who wins elections. Seriously.

  59. 59.

    kuvasz

    August 16, 2012 at 12:20 pm

    In 1968, there was a skit on the old Laugh-In show that started with several people standing in line to vote. When the person came to the front of the line opposite a white man sitting at a table this man asked them a question, to which if answered correctlty the person was allowed to cast a vote.

    The first several people in line were white and the questions that they were asked were simple, innocuous interogatives easily answered by an adult, viz., what is 2 plus 2, define the word rain, etc., when a black man (played by Sammie Davis Jr.) arrived at the table, the questioning man looked him up and down and stated that he was going to ask him a question, which if answered correctly would allow him to vote…… the man then said
    “tell me what “aurora borealis” means?”

    Davis turned to the camera and said, “it means I don’t get to vote!”

  60. 60.

    cmorenc

    August 16, 2012 at 12:20 pm

    @beth:

    So when do we start seeing the laws requiring voters to present themselves and a photo ID at some government office in order to secure an absentee ballot? How did the Republicans miss taking care of this or is it on the schedule to be passed two weeks before the election?

    The reasons the GOP hasn’t (yet) tried to extend voter ID to obtaining absentee ballots are:
    1) at least until recently, doing so would adversely impact their own base voters as much or more often than the dem base;
    2) the target classes of people disproportionately without the specified forms of picture id have, in the past, been disproportionately less likely to use absentee ballots.

    If heavily democratic groups do start to use absentee ballots as an end-run around voter id, watch for GOP legislatures to attempt to come up with additional requirements that are disproportionately easy for their base to satisfy. For example, people whose names on real property tax rolls are exempt from having to go down to the board of elections to show id, and so on.

  61. 61.

    peach flavored shampoo

    August 16, 2012 at 12:21 pm

    @Punchy: I’ll call your entertainment butthurt and raise you a Kelsey Grammer.

    Such the POS.

  62. 62.

    Valdivia

    August 16, 2012 at 12:23 pm

    a little OT but I can’t stop laughing

    Romney brought out a whiteboard to make it seem his lies are all wonky and shit. They are really going to go with this pantomime that they are ‘serious’ while lying their asses off and saying nothing substantive.

  63. 63.

    Steve

    August 16, 2012 at 12:25 pm

    @kuvasz: My wife told me she tried to take the Arkansas literacy test that they supposedly gave to black would-be voters back in the day. She says she didn’t do very well.

  64. 64.

    scav

    August 16, 2012 at 12:25 pm

    @Valdivia: ooooooooo. Mark of the PowerPoint MBA Voodoo. . . . . .

  65. 65.

    Hill Dweller

    August 16, 2012 at 12:26 pm

    I just want to reiterate the Commonwealth’s attorney conceded right off the bat that there was no voter fraud and this new law wouldn’t do anything to stop voter fraud if it was happening. They defended the legislature’s right to pass the legislation, not the law’s efficacy.

    This law is a blatant attempt to suppress voting.

  66. 66.

    The Moar You Know

    August 16, 2012 at 12:27 pm

    @Punchy: The guy used to have his head on straight and made some of the best albums any human being has ever made. But he couldn’t stay sober, and it was killing him, his career and his family.

    So he converted to Christianity and hired a 100% Jesusland-approved “minder”. Looks like he got more than he bargained for, turns out he made a deal with the devil.

    The cure is worse than the cause. And I’m pretty sure he wrote a song or two along those lines.

  67. 67.

    NancyDarling

    August 16, 2012 at 12:27 pm

    I have it on good authority that there are rogues and strumpets (not to mention assorted sex offenders out in the hills and hollers) in my little corner of the Ozarks. The same was true in rural PA in 1869.

  68. 68.

    WaterGirl

    August 16, 2012 at 12:27 pm

    Kay, your next thread – Moochers and Looters – says comments are closed. I am guessing that was not intentional?

  69. 69.

    Valdivia

    August 16, 2012 at 12:27 pm

    @scav:

    that’s what I thought. I also think images like that coupled with the AP brutal factcheck this am of this bs could make a really devastating ad for the O Team.

    ETA: very soon though he will seem Glenn beck crazy instead of wonky.

  70. 70.

    Judas Escargot, Acerbic Prophet of the Mighty Potato God

    August 16, 2012 at 12:31 pm

    If Eisenhower were President, he’d be sending the National Guard into PA on voting day.

    Remember that.

  71. 71.

    scav

    August 16, 2012 at 12:32 pm

    @Valdivia: White boards are awfully easy to photoshop too. Made the Beck connection too. Basically a mind-meld without overly duplicate comments. That’s encouraging: we should have company.

  72. 72.

    amk

    August 16, 2012 at 12:32 pm

    @WaterGirl: Beat me to it. She is still editing it. First time though I’m seeing it here.

  73. 73.

    J. Michael Neal

    August 16, 2012 at 12:33 pm

    Mommy! Kay won’t let us comment on the next thread!

  74. 74.

    Kay

    August 16, 2012 at 12:34 pm

    @WaterGirl:

    No, it was a mistake. John is going to fix it.

  75. 75.

    Kay

    August 16, 2012 at 12:35 pm

    @J. Michael Neal:

    I don’t know what I did or how to fix it. I need a full time assistant :)

  76. 76.

    WaterGirl

    August 16, 2012 at 12:38 pm

    @Kay: Be careful what you wish for, Kay! It might get kind of rough with so many of us jostling to get to be your full-time assistant. :-)

  77. 77.

    Bulworth

    August 16, 2012 at 12:40 pm

    comments turned off. we’re being oppressed. hands off my healthcare.

  78. 78.

    Kay

    August 16, 2012 at 12:41 pm

    @WaterGirl:

    Should I do what we do when the comments won’t post? I’ll just call him repeatedly until the comments are open. Keep hitting “submit”, in a way.

  79. 79.

    Frankensteinbeck

    August 16, 2012 at 12:42 pm

    @NancyDarling:
    I live in Kentucky. We have strumpets everywhere. Strumpets are the only useful thing the state produces.

  80. 80.

    scav

    August 16, 2012 at 12:42 pm

    While we’re waiting to be rude to Miami of OH (Well, I am) here’s a little OT giggle: Rupert Murdoch’s News Corp launches anti-corruption review

    Murdoch: “Let me emphasise that the review is not based on any suspicion of wrongdoing by any particular business unit or its personnel. [pls ignore the entire NOtW and the 14 arrensts of Sun journalists.] Rather, it is a forward-looking review based on our commitment to improve anti-corruption controls throughout the company.”

  81. 81.

    quannlace

    August 16, 2012 at 12:42 pm

    Honestly, I read it as the judge wasn’t worried about elderly voters because they can honestly qualify for an absentee ballot

    Even this must vary from state to state. Here in Jersey you don’t need an ‘excuse’ to receive an absentee ballot.

  82. 82.

    Valdivia

    August 16, 2012 at 12:44 pm

    While we wait to comment on Kay’s thread here is something to make your head explode.

    Romney on taxes is about honor

    shoot me know

  83. 83.

    Smiling Mortician

    August 16, 2012 at 12:45 pm

    @scav:

    it is a forward-looking review based on our commitment to improve anti-corruption controls

    Orwell just spun so hard he threw up in his mouth a little.

  84. 84.

    Xboxershorts

    August 16, 2012 at 12:46 pm

    Holy Shit…George Ellis is a goddam wingnut pukefest, all by himself.

    In case you’re interested:
    http://freeandequalpa.wordpress.com/

    I can’t belief this asshole cited a shitload of wingnut blogs as evidence and that this judge ACCEPTED this Friend of the Court brief…

  85. 85.

    spongeworthy

    August 16, 2012 at 12:46 pm

    When you scream like ninnies over defunding ACORN, you have some responsibility for the problem. Surely you guys aren’t going to claim ACORN didn’t submit a ton of phony registrations, are you? Don’t you think that has any effect? Why, when they’re caught red-handed trying to submit bad registrations, do you guys rush to defend them? Why not get the bad apple out of the barrel?

    Instead, you guys rush to their defense and they splinter off to run the same game under other names. Sounds to me like you want some voters to distrust the system and stay home and others to vote no matter what. Why, d’ya suppose?

  86. 86.

    Kay

    August 16, 2012 at 12:47 pm

    @quannlace:

    You don’t in Ohio, either. It’s called “no fault” absentee balloting. The absentee balloting rules were based on this archaic notion that people would be trapped working “out of county” and couldn’t return. That’s how Ohio’s original reads: like you’re scheduled for a fortnight visit with relatives that month.

  87. 87.

    rlrr

    August 16, 2012 at 12:48 pm

    Our rights, they come from nature and God

    I’m not so sure. The idea of “rights” seems to be a fairly recent development…

  88. 88.

    Kay

    August 16, 2012 at 12:49 pm

    @Valdivia:

    I have to go to work so I’m abandoning my fix the comments duties. Again, I apologize. It’s weird that it’s “comments off” rather than “comments closed”.

    Sorry. I looked at all comments related-things back there and I’m coming up with nothing.

  89. 89.

    Valdivia

    August 16, 2012 at 12:50 pm

    @Kay:

    we forgive you. :)

  90. 90.

    SatanicPanic

    August 16, 2012 at 12:52 pm

    @spongeworthy:

    Surely you guys aren’t going to claim ACORN didn’t submit a ton of phony registrations, are you?

    You mean as in- look, we had these phony registrations submitted to us, please dispose of them, because we’re not supposed to do that ourselves? Sure, they did submit those. What’s your point?

  91. 91.

    Bulworth

    August 16, 2012 at 12:52 pm

    Now I’m confused. Our rights come from God? But I thought ‘Freedom Isn’t Free’?

  92. 92.

    Smiling Mortician

    August 16, 2012 at 12:52 pm

    @spongeworthy: Facts are cool. You should try some:

    In fact, ACORN was required, by law, to submit each and every voter registration that they gathered, no matter what

  93. 93.

    rlrr

    August 16, 2012 at 12:52 pm

    @Kay:

    Edit the post and check “Allow Comments”…

  94. 94.

    Chyron HR

    August 16, 2012 at 12:53 pm

    @spongeworthy:

    ACORN was required by law to submit all registration forms to the proper authorities for validation.

    Or to put it in terms you understand, do you really want the “nigger thugs” at ACORN to have the power to throw out voter registrations that they don’t like?

  95. 95.

    WaterGirl

    August 16, 2012 at 12:53 pm

    @Kay: I highly recommend calling Cole’s mom, that ought to get the job done.

  96. 96.

    Villago Delenda Est

    August 16, 2012 at 12:54 pm

    @Valdivia:

    Interesting that an honorless cur would make that argument.

    Rmoney is despicable in every way imaginable.

  97. 97.

    rlrr

    August 16, 2012 at 12:55 pm

    @Chyron HR:

    ACORN was required by law to submit all registration forms to the proper authorities for validation.

    A fact no right wing news source has ever found necessary to report.

  98. 98.

    Valdivia

    August 16, 2012 at 12:56 pm

    @Villago Delenda Est:

    I am just speechless now. and seething. fucking Village.

  99. 99.

    quannlace

    August 16, 2012 at 12:56 pm

    ur rights, they come from nature and Go

    I don’t quite get this ‘rights come from nature’ angle. I suppose he’s echoing the ‘endowed with inalienable rights, etc.’ from the Declaration. But the way he’s phrasing it, I keep imagining him cornered in the woods with a hungry grizzley bear, and trying to explain his ‘rights.’

  100. 100.

    scav

    August 16, 2012 at 12:58 pm

    @Villago Delenda Est: Remember reading somewhere that honor (as in justification for killings {esp of wive’s lovers?}, general social value / alibi) was more common to Southern culture or at least the traditional elements thereof. So, conceivably, that could be a button they’re pushing.

  101. 101.

    maurinsky

    August 16, 2012 at 12:58 pm

    I apologize for all the duplicate comments. I didn’t get any indication that it had gone through once, let alone 6 times.

  102. 102.

    Hill Dweller

    August 16, 2012 at 12:59 pm

    @spongeworthy: ACORN had to turn in all registrations, including the fraudulent ones that they flagged before submission, by law. State’s do that to prevent shady people selectively turning in new registrations that just benefit their party.

    When you base pay on number of registrations, sometimes workers artificially inflate the numbers with false names. This happens to everyone that holds registration drives. Pretending this is/was solely an ACORN problem is ignorant.

    You’re also ignoring Rove using the DOJ to bring phony cases against ACORN, and firing US Attorneys that didn’t cooperate. This is all part of the propaganda to convince people that there is massive fraud.

    The Republicans have been going after all the tools to increase voter turnout for the better part of the last decade. The voter ID laws, cutting early voting, making registration drives virtually impossible, are all meant to suppress voting by young people, minorities, and the poor, because they tend to vote for Democrats.

  103. 103.

    Martin

    August 16, 2012 at 1:03 pm

    @Hill Dweller:

    ACORN had to turn in all registrations, including the fraudulent ones that they flagged before submission, by law. State’s do that to prevent shady people selectively turning in new registrations that just benefit their party.

    What’s more. ACORN had a program to submit the registrations in groups – with the ones that ACORN suspected to be fraudulent in a pile, basically saying to the Registrar of Voters “We are required to submit these, but we think they’re bullshit.’ It was that courtesy that ultimately hurt them because the GOP zeroed in on those groups of registrations and said “Look! ACORN is submitting stacks of clearly fraudulent registrations!” Duh, that was intentional – and helpful.

  104. 104.

    scav

    August 16, 2012 at 1:04 pm

    OK, this is rather funny, consider it a loopback to our rights being given by nature: Norwegian driver hits bear while trying to avoid moose

  105. 105.

    Svensker

    August 16, 2012 at 1:10 pm

    @quannlace:

    I don’t quite get this ‘rights come from nature’ angle. I suppose he’s echoing the ‘endowed with inalienable rights, etc.’ from the Declaration.

    This is a huge meme on the right at the mo, all my wingnut rellies are posting on FB about “rights come from God and nature not government”, as though liberals disagree with the idea of natural and inalienable rights that are inherent rather than granted by the potentate of the day.

    It makes them feel all intellectual and stuff.

  106. 106.

    rlrr

    August 16, 2012 at 1:11 pm

    Comments are enabled upstairs…

  107. 107.

    Dork

    August 16, 2012 at 1:16 pm

    @scav: Anything happen to the moose’s knuckle?

    /giggles

  108. 108.

    Argive

    August 16, 2012 at 1:22 pm

    @spongeworthy:

    Man, I worked for the PA Obama campaign back in ’08 and I fucking hated the ACORN voter registration people. They were doing all sorts of underhanded shit; paying homeless people to register multiple times, submitting fake registrations, etc. Of course, they were doing all of that because ACORN was in the habit of hiring just about anyone to do voter registration. The result was that they inevitably hired people who were desperate for work and would commit voter registration fraud to make their quotas (often around 15 – 20 registrations a day). But guess what? None of that bullshit made it past the county voting board. If you submit a voter registration card under the name Mickey Mouse or whatever, it won’t work because the county voting board knows that that person ISN’T ACTUALLY REAL. Same goes for multiple registrations or registering people who are dead – the county voting board catches it. The worst that voter registration fraud does, in my experience, is that it makes legitimate voter cards take longer to process.

    ETA: @Martin:

    It’s good to hear that they were aware of the nonsense their voter registration people were up to. Maybe if they hadn’t required such outrageous quotas they wouldn’t have had to do it in the first place.

  109. 109.

    spongeworthy

    August 16, 2012 at 1:40 pm

    I’m pretty sure it is wrong to pay people for registering voters. It can only lead to this stuff. I mean, I get that ACORN knew they were submitting false registrations, but I still don’t see how you can defend their methods when it leads to a lack of condience from other voters. And then turn around and blame everybody but ACORN when people decide they want voter ID.

  110. 110.

    Yutsano

    August 16, 2012 at 1:46 pm

    @spongeworthy: You’re discussing two completely separate issues, which is a classic misdirection technique. Just admit you got nothin’ and move on.

  111. 111.

    japa21

    August 16, 2012 at 1:48 pm

    @spongeworthy: ACORN didn’t lead to a lack of confidence among the voters. The Republicans did by lying about ACORN.

    And paying people to go out and get voters registered has long been an approved process. Hell, the Republicans paid groups in Nevada to do the same. But then they got caught throwing away all the registrations of people who registered as Democrats.

  112. 112.

    Chyron HR

    August 16, 2012 at 1:51 pm

    @spongeworthy:

    Well, there’s new entry for the big list of things Republicans are “pretty sure of”:

    1) The President is an illegal immigrant from Kenya.
    2) No Republicans ever voted for George W. Bush.
    3) Cash for Clunkers was a government plot to install spyware on Americans’ computers.
    4) George Soros is destroying Germany America with his filthy Jew gold.
    5) It’s wrong to compensate people for time they spend on a job.

  113. 113.

    Lojasmo

    August 16, 2012 at 2:06 pm

    @spongeworthy:

    Did it ever occur to you, thou dipshit, that voters WOULD trust elections if the republicans didn’t demagogue a thouroghly vetted, and trustworthy process?

    Fuck yourself.

  114. 114.

    Argive

    August 16, 2012 at 2:22 pm

    @spongeworthy:

    Voter registration fraud didn’t lead to a lack of confidence from other voters because none of the phony registration cards made it past the county voting board. If anything, watching how the voting board dealt with registration fraud gave me MORE confidence in the system.

    And while having volunteers do voter registration does eliminate this kind of fraud, street level or door-to-door voter registration isn’t always that much fun (remember, you’re doing it in the late summer and you have to talk to everyone you see, which ensures that you’ll meet some unpleasant people). Paying canvassers to do it ensures that they will actually do it instead of come back to the campaign office after a few hours and ask to do data entry or phonebanking in the sweet sweet AC instead. No, the thing to do is to not require workers to register upwards of 15 people per day in order to keep their jobs.

  115. 115.

    Argive

    August 16, 2012 at 2:28 pm

    @Argive:

    I should add that the Obama campaign here did not pay canvassers to do voter registration. My experience as a paid voter registration canvasser comes from being employed by a non-partisan voter registration drive. I had a lot more fun registering people on a volunteer basis.

  116. 116.

    Lojasmo

    August 16, 2012 at 2:29 pm

    @spongeworthy:

    When you scream like ninnies over defunding ACORN, you have some responsibility for the problem. Surely you guys aren’t going to claim ACORN didn’t submit a ton of phony registrations, are you? Don’t you think that has any effect? Why, when they’re caught red-handed trying to submit bad registrations, do you guys rush to defend them? Why not get the bad apple out of the barrel?

    I felt a little bad telling you to fuck yourself up thread. Now I feel vindicated.

  117. 117.

    opie jeanne

    August 16, 2012 at 2:29 pm

    @Bob: Thanks. I totally missed that. I’ll go back and listen to it again.

  118. 118.

    opie jeanne

    August 16, 2012 at 2:47 pm

    @NancyDarling: Nancy, are you near Bannister Holler (Hollow)?

  119. 119.

    opie jeanne

    August 16, 2012 at 2:50 pm

    @quannlace: California, too.

  120. 120.

    spongeworthy

    August 16, 2012 at 3:36 pm

    @Argive: I think you’re right, that this is where ACORN went wrong, with the quotas.

    My point isn’t that ACORN led Americans to distrust the process, it’s your defense of ACORN that does this. It’s no secret that the Left has an incentive to game the system, so when anybody’s caught anywhere close to doing this, you have to throw them right under the bus. Otherwise nobody trusts the system.

    They may be getting a bad rap, but they can defend themselves. Don’t give people reason to believe you approve of their methods. Or they’ll press for voter ID.

  121. 121.

    eyelessgame

    August 16, 2012 at 3:50 pm

    If “rights come from nature and God, not from government”, that makes the Bill of Rights pretty useless (or at best redundant), doesn’t it. Funny thing for a Republican to say.

  122. 122.

    Catsy

    August 16, 2012 at 3:58 pm

    @Punchy: We’re talking about the guy who was such a huge asshole he got kicked out of Metallica.

    Mustaine’s been a nutjob for a while now. Still love a lot of his work in Megadeth, but he’s a real nasty piece of work.

  123. 123.

    Catsy

    August 16, 2012 at 4:05 pm

    @spongeworthy:

    Surely you guys aren’t going to claim ACORN didn’t submit a ton of phony registrations, are you?

    Okay, now I know you’re either stupid or just trolling.

    Because if you knew the first thing about the kind of voter registration work that ACORN was doing, you’d know that they were required by law to turn in all registrations they receive. It is flat-out illegal to pick and choose which ones they think are phony.

    Now go away and stop wasting our time with this mendacious claptrap.

  124. 124.

    joel hanes

    August 16, 2012 at 4:38 pm

    @spongeworthy:

    pieworthy apparently doesn’t know that ACORN customarily drew attention to registrations they knew were invalid, while complying with law that required them to submit them anyway.

    pieworthy apparently doesn’t know that preoccupation with ACORN on net is one of the most effective ways of signalling “I am a racist”

  125. 125.

    rikyrah

    August 16, 2012 at 4:42 pm

    the stuff you find, Kay.

    but, they are who we thought they were.

    no shock, even if I can get disgusted by it.

  126. 126.

    1badbaba3

    August 16, 2012 at 6:16 pm

    Oh boy, another has-been hack from the prevoius century applying for wingnut welfare by slagging the first metrosexual black President? Jesu frakkin’ Christe, get a job!

  127. 127.

    Jebediah

    August 16, 2012 at 7:33 pm

    @spongeworthy:
    Just fuck off, you disingenuous douche. No-one’s buying your shit.

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