Add “Us hate truth” and “Us love screwing with the democratic process” to that code and we have the motivation for Bizarro Secretary of State Tre Hargett to award Bizarro State Senator Bill Ketron (R, Murfreesboro) the 2008-09 National Association of Secretaries of State Medallion Award for, as the Rutherford County Dems put it, “all his legislative effort to delay the Tennessee Voter Confidence Act and to kill the state’s Ethics Comission [sic].”

“I am honored to present the NASS Medallion Award to Sen. Ketron for his work in pursuing the highest standards of integrity in the electoral process as well as his work to protect the fiscal stability of local governments,” says Mr. Hargett.

Wow. How bizarre. During the legislative session we had here on earth (not-Bizarro world?, reality-based community?), Senator Ketron not-pursued “the highest standards of integrity in the election process.” Here on earth, he sponsored three election-related bills that would disenfranchise Tennessee voters.

First, he carried the bill that would delay until 2012 the replacement of the unsecure and unverifiable electronic voting machines we use now in 93 out of 95 counties with paper ballots.

He also sponsored the photo ID to vote and proof of citizenship to register bills that were both solutions in search of problems.

Secretary of State Hargett learned a lot about Bizarro World politics from 8 years of the Bush Administration, but so have the people of Tennessee. We especially learned, from bizarro-world titles like the “Clear Skies Initiative” and “No Child Left Behind,” that just because you give it a flowery name doesn’t mean it smells pretty.

H/T: Joke of the Day from Woods at Pith

The federal lawsuits, according to attorney Gary Blackburn, are based on the 1st & 14th amendments of the U.S. Constitution, and Article 1 Section 4, of the Tennessee State Constitution, which states that “no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this State.”

Named defendants are Republican Party appointees to the county election commissions in Cannon, DeKalb, Henry, Loudon, Putnam, Rhea, Rutherford, and Weakley counties.

Click to download the full complaint and the press release [pdf].

The planning of election processes and the administration of elections should not be partisan yet as soon as Tennessee Republicans win control of the General Assembly they attempt to do way more than what the law allows.

By law, the party which controls the General Assembly can install a majority to the state and county election commissions. Republicans quickly moved to do just that and it is lawfully within their right to do so.

But, apparently, they’ve moved just as quickly to violate the law by firing county employees in non-policy-making positions for partisan reason.

And it would be bad enough if this attempt to circumvent the law was simple blatant patronage, but it’s so much more than that. It’s part of a “it’s-not-the-votin’-that’s-democracy-it’s-the-countin’” full court press on free and fair elections in Tennessee that includes:

1) An attempt to delay implementation of the Tennessee Voter Confidence Act (Paper Ballot Bill)
2) An attempt to require proof of citizenship to register to vote, a well-worn voter suppression tactic.
3) An attempt to require picture IDs to vote, another well-worn voter suppression tactic.
4) Forcing through legislation using some pretty suspect horse-trading which added two new Republican members to the State Election Commission thereby giving the GOP a majority two years earlier than they would have had otherwise.
5) Violating the state’s Sunshine Laws by banning the press from a county election commission meetings.
6) An attempt to intimidate an election integrity activist with a suspicious visit from the TBI.

Stay tuned for caging, voter-roll purging, election day voter challenges, the demonization of voter registration drives,voter intimidation, and other known voter-suppression tactics coming to a county election precinct near you!

The bills that got my attention included HB 0639/SB 0150, sponsored by Rep. Debra Maggart and Sen. Bill Ketron, which would have required a photo ID to vote (failed in committee); HB 1838/SB 1999 sponsored by Rep. Curry Todd and Senator Mark Norris, which would have required proof of citizenship to register to vote (failed in committee); and a third, HB 0614/SB 0872 also by Rep. Todd and Senator Ketron, which would have gutted the Tennessee Voter Confidence Act (failed to get a majority of votes in the Senate).

But there’s more. Add to the above the following:

1) Legislation that did pass which added two new Republican members to the State Election Commission thereby giving the GOP a majority two years earlier than they would have had otherwise. Here you can watch Republican Senator Mark Norris threaten to let the Election Commission die if they are not given two more members and the majority on the State Election Commission.

2) The movement by the GOP to push out all the current county election administrators and replace them with more ideologically pure members of their own party. Why does this matter? Well, as Bev Harris over at BlackBoxVoting.org (America’s Election Watchdog Group) tells us, it’s not the votin’ that’s democracy, it’s the countin’!:

“Computerized vote-counting, whether on optical scan or on DREs, with paper ballots or without, is heavily reliant on the computerized compilation done by the central tabulator, which is under direct control of the election administrator and those he selects as IT administrators. These central tabulators have nifty features to allow manual changes in the vote counts. You control the tabulator, you own the election. What is happening in Tennessee is that political parties are choosing to put their own people in control of the computer, based on party affiliation.”

3) An attempt by the Republican Rutherford County Election Commission Chairman, Tom Walker, to violate the state’s Sunshine Laws by banning the press from a county election commission meeting. Mr. Walker, in display that can best be described as slinging ‘tude, says he “doesn’t care what the law says.” Republican Commissioner Dorris Jone added, “We’ve got some crazy laws in this country.” Today, Mr. Walker continued to break the law by denying the media access to the applications submitted for administrator of elections.

4) A suspicious visit to an election integrity activist from the TBI at the behest of the Republican Secretary of State – which smells a little like political intimidation.

These are the machinations we know about. What else might be going on behind the scenes?

*Many thanks to Bruce Barry who saved me another half-hour of trying to come up with a good title for this post.

State Rep. Gerald McCormick from Hamilton County (Chattanooga), which has the largest concentration of voters — about 43% of the likely Republican Primary turnout, has expressed interest in the race, but will probably not make decision until after the legislature adjourns in May or June. McCormick may also get points for having served in the Gulf War. McCormick has publicly endorsed Wamp’s gubernatorial bid, although Wamp has given no indication that he favors any of the contenders for his congressional seat.

Let’s see what Rep. McCormick is doing to maximize the impact of any votes and any money he might get in the race for Congressman Wamp’s fightin’ 3rd:

Circumventing the democratic process and surreptitiously resurrecting legislation that would suppress the vote of the elderly, the poor, and disabled. Check.

Cynically not suppressing the vote a different group by surreptitiously resurrecting legislation that would allow “certain members of the U.S. armed forces to return an absentee ballot by facsimile transmission or similar electronic means.” Check.

Other legislation that Rep. McCormick sponsored but hasn’t yet figured out how to bring back from the dead…

HB0105 that would allow corporations to make campaign contributions in Tennessee, and HB1719 that would allow “trade and professional associations to fund PACs.” Check and check.

I guess he gets points for planning ahead.

So why the renewed push to pass legislation that is a solution in search of problem? Especially since both bills were assigned to, and failed to get out of, the now-closed Elections Subcommittee?

Apparently, it’s because these three Tennessee legislators believe in voter suppression, also known as the Paul Weyrich model of democracy:

WEYRICH: “Now many of our Christians have what I call the goo-goo syndrome – good government. They want everybody to vote. I don’t want everybody to vote. Elections are not won by a majority of people, they never have been from the beginning of our country and they are not now. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.”

“Voter fraud,” which is what McCormick, Maggart, and Todd say these bills will prevent, is when a voter attempts to vote more than once or by impersonating someone else.

There are no documented instances of “voter fraud” in Tennessee – and barely any in the rest of the country, as reported by the American Prospect:

“Since 2002, the Justice Department’s Ballot Access and Voting Integrity Initiative has, as [disgraced U.S. Attorney General Alberto] Gonzales put it, ‘made enforcement of election fraud and corruption offenses a top priority.’ And yet between October 2002 and September 2005, just 38 cases were brought nationally, and of those, 14 ended in dismissals or acquittals, 11 in guilty pleas, and 13 in convictions.”

The Ophelia Ford case, which Republican legislators are so quick to cite as “voter fraud,” was in fact “election fraud,” a systematic effort by those with power to steal an election through vote manipulation and/or voter suppression. And even though Mark Goins doesn’t know the specifics of the Ford case, we do – three election workers were caught manipulating the vote. Voters had nothing to do with it.

“Voter suppression,” however, does exist and it will be the (intended) consequence if either the photo ID to vote or the citizenship to register bills become law.

I hope the Democrats on the State and Local Government Committee continue to push for examples from Rep. Maggart and Rep. Todd of instances of “voter fraud,” because waving papers around in a committee meeting and saying you have proof is not actually, you know, proof.

What we know about the Ophelia Ford case is that the three people who plead guilty to faking votes – “two of them cast in the names of dead people” – were poll workers, not voters. And fraud by poll workers is election fraud – not voter fraud.

Election fraud is a systematic effort by those with power to steal an election through vote manipulation and voter suppression. Voter fraud is when a voter attempts to vote more than once or by impersonating someone else.

A shout out to Speaker Kent Williams (R-Carter County, the Fightin’ 4th!) too, who wandered in to break the tie on HB1841 (which would urge the state executive committees to jointly establish a calendar of appearances of its gubernatorial candidates in all 95 counties), but who stayed just long enough to ask all the right questions about the constitutionality of the bill’s exceptions and the lack of tangible evidence of voter fraud in the state.

“We need legislation to prevent fraud,” Speaker Williams said, “But I’m not sure your vehicle is the right vehicle.” And then, *poof,* he was gone, leaving the meeting before the vote and without breaking the tie that would have moved the bill out of committee.

Rep. Tindell asked all the right questions and touched on all the salient points including the requirement that the ID be government issue only; the cost – in effort, time and coin – of obtaining such an ID; the number of people in the state who do not have a photo ID; the problem with provisional ballots; and the lack of fairness inherent in the legislation (if it’s going to be required, than it needs to be free for everyone):

Also written into the bill was an exception that would have allowed a voter to be excused from presenting a photo ID by signing a sworn statement of indigency. State Coordinator Goins and Rep. Tindell went head to head on the automatic loophole set up by this exception:

More importantly, though, if it’s enough for some of us to simply sign a sworn statement for their votes to count without having to show a photo ID, then why isn’t is OK for the rest of us?

Rep. Yokley once again made reference to the illegality of voter fraud and the stiff penalty attached – it’s a felony, don’t you know, punishable by a fine and a stiff jail sentence. And even though there is currently no one in jail for committing voter fraud, the proof offered by the Coordinator Goins that voter fraud exists was the famous Oh-My-God-Dead-People-In-Shelby-County-Voted-in-the-Opehlia-Ford-Senate-Election.

But what we know about that case is that the three people who plead guilty to faking votes – “two of them cast in the names of dead people” – were poll workers, not voters. And fraud by poll workers is election fraud – not voter fraud.

And it’s the poll workers who would be checking photo IDs.

Free ice cream two days in a row and a dead photo ID bill. This is the Best Week Ever!

It’s already been passed in the Senate (thanks for voting “No” Senators Beverly Marrero (D-Memphis, the Fightin’ 30th!), Lowe Finney (D-Jackson, the Fightin’ 27th!), and Andy Berke (D-Chattanooga, the Fightin’ 10th!) with six amendments attached – a poor attempt at leveling inherently unfair legislation. With the six amendments, the law would exempt the indigent, those living in a nursing home or staying in a hospital, the over-65 crowd, and those religiously opposed to having their picture taken.

Good, right? Not really. If you want participatory democracy to be equitable and still require Photo IDs to vote, then you have to make them free and easily accessible for everyone – not just a few exceptions. Perhaps we can put a voter registration and photo booth in every grocery and convenient store in town and staff them 24/7 (for you know, people who work the third shift).

Huh. Voter registration and photo booths in every grocery and convenient store. Now that’s a fiscal note I’d like to see attached to ol’ HB0639.

Ironically, while Tennessee’s elected Republicans continue to work towards making it more difficult for us to vote, they want to make it easier for us buy guns and drink underage.

And for those of you who think showing a photo ID is a reasonable restriction to place on the voting process, I guarantee you that if this passes they’ll be back next year with even further restrictions. Where Florida goes, Tennessee will follow.

So give a call or send an email to the members of the House Elections Subcommittee and urge them to vote “No” on HB0639.

Wait, wait. And Rep. Curry Todd (R-Collierville) is pushing a bill that would make it easier to obtain an absentee ballot with just a scanned signature, no photo ID required?

Number of murders committed recently in Tennessee by gun permit holders: 3
Number of cases of voter fraud committed in Tennessee by registered voters: 0*

BTW, Florida Republicans are taking the Sunshine state down a slippery slope since they passed a photo ID law. Their latest photo ID law places even more restrictions on the elderly stating that they can no longer use photo IDs issued by retirement homes.**

*What happened in Memphis was “election fraud,” systematic and systemic disenfranchisement by those working within the system, i.e. poll workers, election officials, elected officials, etc. (you know, the people that would be responsible for checking photo IDs and making election laws.)

**A good example of election fraud.

Todd’s HB1838 “requires citizenship status to be proven prior to registration to vote and requires certain procedures to ensure identity and citizenship status prior to voting,” and his HB1421 would allow “a person to email a transfer of voter registration or email a request for an application to vote absentee” with a scanned signature.

Absentee ballots, by the way, are also exempt from any photo ID law, which was recently passed in the Senate, introduced by Rep. Todd’s colleague, Rep. Debra Maggart (R-Hendersonville).

So the question is, why does Rep. Todd want to pollute our equitable voter registration system with inherently inequitable legislation? Especially when there’s no proof of an actual “voter fraud” problem?

Seriously, it’s hard enough to get people to vote once let alone risk jail time by voting a second time in someone else’s name. And really, if you’re in this country illegally, is voting in the Tennessee gubernatorial election really going to be the thing you’ll risk getting caught for?