TPM News

After being accused by Fox News, Sen. John Cornyn and New Black Panthers whistleblower J. Christian Adams of failing to enforce a new law meant to guarantee ballots for overseas military personnel, the Justice Department has sued New York for failing to comply with the law.

The MOVE Act, sponsored by Cornyn (R-TX) and Sen. Chuck Schumer (D-NY), requires states to send absentee ballots to troops overseas at least 45 days before the general election, or by Sept. 18. Several states, including New York, applied for waivers. New York, for example, pleaded that its primary, on Sept. 14, was too late to meet the 45-day deadline.

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A new poll from The Hill finds that Republicans could pick up a seat that has been in Democratic hands for 41 years -- the northern Wisconsin district of retiring Democratic Rep. Dave Obey. According to their poll, Republican prosecutor and former Real World star Sean Duffy has a lead of nine points over Democratic state Sen. Julie Lassa.

The numbers: Duffy 44%, Lassa 35%. The survey of likely voters has a ±4.9% margin of error. The poll was conducted by Penn Schoen Berland, and there is no previous survey of this district from them for direct comparison.

Obey first won the seat in a 1969 special election, and has consistently won re-election with over 60% for many years. However, underneath that surface the district is often a swing seat for the presidential vote, and closely matches Wisconsin's overall leanings. And given that the polls in Wisconsin this year have often shown a serious enthusiasm gap dragging down the Democratic numbers, it shouldn't be too surprising to see this seat on the line.

A new Rasmussen poll of the Ohio gubernatorial race finds Democratic Gov. Ted Strickland well within striking distance of Republican former Rep. John Kasich.

The latest survey shows the incumbent governor behind 48%-45%-- within the survey's margin of error of ±4.0 percentage points. When Rasmussen took a look at the race on September 27, Kasich was ahead by a more significant eight-point margin, 50%-42%.

The TPM Poll Average still shows Kasich ahead in the contest 48.7%-42.5%.

The new Rasmussen poll of the Nevada Senate race gives Republican Sharron Angle a one-point edge against Senate Majority Leader Harry Reid.

The numbers: Angle 49%, Reid 48%. The survey of likely voters has a ±4% margin of error. In the previous Rasmussen poll from last week, Angle had a slightly wider lead of 50%-46%.

The pollster's analysis points out the consistent closeness of this race: "In seven consecutive surveys, both candidates have seen their level of support generally in the upper forty's and both have touched the 50% mark but never topped it. In those seven surveys, Reid has held the edge three times, Angle three times and they were tied at 48% in one. Neither candidate has held a lead outside the margin of sampling error."

The TPM Poll Average now has Reid and Angle at a dead-even tie -- 47.6%-47.6%.

1||October 13, 2010: Thirty-three Chilean miners are being rescued today after spending more than two months trapped underground. The amazing rescue efforts have cost millions of dollars, and involved experts from dozens of countries. Even NASA has lent a hand. Each roundtrip of the rescue capsule bringing the miners back to the surface has taken about an hour. || Chilean Government/Hugo Infante/UPI/Newscom&&

2||Chilean President Sebastian Pinera, right, greets Mario Sepulveda, the second rescued miner. || Chine Nouvelle/SIPA/Newscom&&

3||The miners were stuck more than a half-mile underground. They received glucose, hydration and medicine in late August. At the time, the miners didn't know their rescue could still be months away. || imago stock&people/Newscom&&

4|| ||Chilean Government/Hugo Infante/UPI/Newscom&&

5|| ||AFP/Newscom&&

6|| ||Staff/MCT/Newscom&&

7||In a picture taken in early September, Chilean Health Minister Jaime Manalich talks with the trapped miners in a video conference.||Handout/ Ministry of Minning/dpa/picture-alliance/dpa/Newscom&&

8||One of the drills used to try and create a 702-meter hole to reach the trapped miners.||ZUMA Press/Newscom&&

9||Workers test the rescue capsule being used to transport the miners to the surface.||Pool/Xinhua/Photoshot/Newscom&&

10||A rescue worker holds a pair of sunglasses prepared to protect the miners' eyes after they reemerged from below ground after so long.||Marcelo Hernandez/picture-alliance/dpa/Newscom&&

11||During their time below, the miners used a video feed to communicate with rescue workers, government officials and family members above ground.||Moscia Lorenzo/Abaca/Newscom&&

12|| ||Moscia Lorenzo/Abaca/Newscom&&

13|| ||Moscia Lorenzo/Abaca/Newscom&&

14|| ||Moscia Lorenzo/Abaca/Newscom&&

15||More than 2,000 family members and workers set up residence at Camp Hope to wait anxiously for the trapped miners' rescue.||UPI/Sebastian Padilla&&

16||On August 22, Chilean President Sebastian Pinera holds up a note from the miners, reading ''We are fine in the shelter, the 33 of us.'' ||ZUMA Press/Newscom&&

17||As the days turned to weeks and then months, family members held candlelight vigils, prayed and waited anxiously for their loved ones to be rescued from the mine. ||SEBSTIAN PADILLA/UPI/Newscom&&

18|| ||Marcelo Hernandez/picture-alliance/dpa/Newscom&&

19||Thousands awaited the rescue effort in Chile. || Marcelo Hernandez/picture-alliance/dpa/Newscom&&

20|| ||JORGE MATTA/UPI/Newscom&&

21||As the rescue operations continued Wednesday, the celebrations of loved ones reunited also continued.||ZUMA Press/Newscom&&

22|| ||De la Maza Jose Manuel/Abaca/Newscom&&

23|| ||ZUMA Press/Newscom&&

24|| ||ZUMA Press/Newscom&&

25|| ||imago stock&people/Newscom&&

It might just be the first time candidates for governor used the word "whore" on stage in a debate, but it was the nastiest moment between former eBay CEO Meg Whitman and Attorney General Jerry Brown last night as they tried to convince California voters to pick them next month.

It all started late last week when a recording surfaced of a Brown aide suggesting that the Democrat call Whitman a "whore" for cutting a deal with state employee unions.

Last night during their third debate, Brown told voters that his campaign had "apologized promptly," and he told Whitman he was sorry. "It's unfortunate and I'm sorry it happened and I apologize," Brown said.

But Whitman said the state's voters "deserve better than slurs and personal attacks."

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Ohio voters got a stark look at their choice for Senate in last night's final debate of the contest. Vote Democrat, and you'll be supporting military service for open homosexuals. Vote Republican and you'll be supporting the status quo when it comes to Don't Ask, Don't Tell.

For months, the Senate race -- like all the major races in the Buckeye State this year -- has been defined by the economy. Republican nominee Rob Portman has pulled out to a huge lead in the polls on the back of ads slamming President Obama's economic policies and attempting to associate Democratic nominee Lee Fisher with Ohio's high unemployment. The plan appears to have worked: the TPM Poll Average shows Portman ahead 52.9-36.6, and most observers expect the campaign to end with a easy Portman victory.

But there are significant differences between the two candidates, as evidenced in last night's debate, and it's possible that some increased talk of social issues could rally the Democratic base that so far seems content to pay Fisher little mind.

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After a federal judge yesterday ordered the military to stop enforcing Don't Ask, Don't Tell, Rep. Barney Frank called for the Obama administration to wait to appeal the ruling until after Congress can repeal the policy in a lame-duck session.

Frank (D-MA), who is gay, appeared on MSNBC last night to call for the Justice Department to wait to appeal the ruling.

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Fox News and television host Chris Wallace are "attempting to use intellectual property and Missouri tort laws to stifle core political speech in the heat of this election season," a lawyer for the campaign of Missouri Democratic Senate candidate Robin Carnahan said in a recent court filing.

The network filed suit against the campaign last month, alleging that a campaign ad (removed from YouTube, but described here) attacking Republican Roy Blunt as a Washington insider violated copyright laws. One copyright lawyer told TPMMuckraker that the network took a "dramatic step" in filing suit against the campaign, since such disputes between media companies and campaigns rarely make it to the courtroom.

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Jon Stewart had House Minority Whip Eric Cantor (R-VA) on his show last night. Cantor was promoting his new "Young Guns" book. Though Cantor talked about the idea of limited government that the Republicans have been touting, Stewart pointed out: "You voted for 'No Child Left Behind,' you voted for Real ID, you voted for the Medicare bill which was a trillion dollars, unfunded, you voted for the Patriot Act. In what way are you a limited government, in what way do you want to shrink government?"

Stewart said later that the Republicans "always hit the old platitudes of 'we trust you the people,' 'it's about freedom and liberty,' 'it's about small government,' and then you get in there, and you expand government."

Stewart added at the end that it's a "fallacy that limited government is the principled stand of conservatives. It's only limited to the shit they want to do."

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