A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county’s challenge to the landmark civil rights law. The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time. The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court’s conservative majority might be receptive to a challenge to section 5. Read More »
Voting Rights Act
Mississippi Gov. Phil Bryant on Thursday signed a bill requiring voters to show photo identification at the polls, but it’s unclear whether it will become law. Because of Mississippi’s history of racial discrimination, the state is required to get federal approval for any change in election laws or procedures. The U.S. Justice Department in recent months has rejected voter ID laws from Texas and South Carolina. The state chapter of the National Association for the Advancement of Colored People is asking the department to reject Mississippi’s proposed law, saying it could disproportionately create hardships for poor, elderly or minority voters who might be less likely to have a photo ID. Read More »
With less than three weeks left before the primary filing deadline, confusion leads at the polls. The Alaska Supreme Court ordered Thursday that the so-called “amended” redistricting plan should be used for 2012. The court has not decided on the key constitutional questions raised by Fairbanks plaintiffs who object to the proposed Goldstream/Ester/Bering Sea House district. It’s not at all clear that any new plan will be in place by the June 1 filing deadline for the state primary election. This creates confusion on many fronts, starting with candidates and potential supporters. The next major step may be in federal court, and the issues raised there could lead to a request that the existing districts be kept in place for the 2012 elections while the challenges related to the state Constitution and the federal Voting Rights Act are dealt with. Read More »
A panel of federal judges threw out a lawsuit dealing with primary ballots sent overseas. Attorney Todd Kincannon argued that the state’s decision to send partial ballots to overseas voters was a violation of federal election law. The attorney says the state Election Commission was in violation of the Voting Rights Act when it opted to send ballots with only federal races on them to military and overseas voters. Read More »
An attorney is abandoning his effort to reinstate nearly 200 candidates left off of June 12 primary ballots by a South Carolina Supreme Court decision, saying Friday he is focusing instead solely on allegations the state violated the Voting Rights Act in sending separate ballots overseas for federal and local races. “The court has ordered Amanda Somers to focus on the issues where she has clear standing. And that we will do,” Todd Kincannon told The Associated Press. “Amanda Somers is focused entirely on military absentee ballots from here on. It’s clear at this point the military absent ballot issue is about the only issue left in this election.” Kincannon filed a federal last suit last week on Somers’ behalf, saying the state Senate hopeful’s candidacy was thrown into question after state Supreme Court justices ruled that financial and candidate-intent paperwork must be filed simultaneously. Read More »
Sometimes during lengthy floor debates on bills, interesting things happen in the witching hours. Such was the case late Wednesday, when Representative John Lewis of Georgia pushed back with a fiery speech directed at an amendment offered by Representative Paul C. Broun of Georgia that would have barred the Justice Department from using money to enforce a part of the Voting Rights Act. At around 10 p.m., Mr. Lewis, a former civil rights leader, took to the podium to denounce the amendment, which sought to end financing for enforcement of Section 5 of the Voting Rights Act, designed to protect minority voters from being disenfranchised. Read More »
The Alaska Supreme Court has rejected a request by the Alaska Redistricting Board to use its original redistricting plan for this year’s statewide elections, instead ordering the use of one amended after court decisions as an interim plan. The redistricting plan has been subjected to several legal challenges, with judges rejecting both an initial plan and a revised one in recent months. In its ruling on the original plan, the state Supreme Court said it improperly prioritized compliance with the federal Voting Rights Act over the state constitution, sending the plan back to be redrafted. Read More »
An attorney is abandoning his effort to reinstate nearly 200 candidates left off of June 12 primary ballots by a South Carolina Supreme Court decision, saying Friday he is focusing instead solely on allegations the state violated the Voting Rights Act in sending separate ballots overseas for federal and local races. ”The court has ordered Amanda Somers to focus on the issues where she has clear standing. And that we will do,” Todd Kincannon told The Associated Press. “Amanda Somers is focused entirely on military absentee ballots from here on. It’s clear at this point the military absent ballot issue is about the only issue left in this election.” Kincannon filed a federal last suit last week on Somers’ behalf, saying the state Senate hopeful’s candidacy was thrown into question after state Supreme Court justices ruled that financial- and candidate-intent paperwork must be filed simultaneously. Read More »
A three-judge panel will meet next week to consider delaying South Carolina’s June 12 primaries in the wake of a state Supreme Court decision that removed nearly 200 candidates from ballots. U.S. District Judge Cameron Currie heard arguments Thursday from an attorney for Amanda Somers, who says her candidacy was thrown into question after justices ruled financial- and candidate-intent paperwork must be filed at the same time. Since Somers was ultimately allowed on the ballot, Currie questioned her ability to sue. The judge allowed a state Senate candidate from Edgefield who was tossed off, Republican John Pettigrew, to join the suit. Read More »
My AJC colleague Daniel Malloy in Washington sends this report of a confrontation between two Georgia members of Congress that you may not have heard about: Around 10 p.m. last night, as House debate over a contentious spending bill stretched on, Rep. Paul Broun, R-Athens, approached with an amendment to end all funding for U.S. Department of Justice enforcement of Section Five of the Voting Rights Act. This is the provision that requires states like Georgia to submit new election laws – last year’s statewide redistricting, for instance — for federal approval to ensure against disenfranchisement of minorities. Broun argued that this is a hammer held over only a few select states, and noted that the U.S. Supreme Court has suggested that the law has outlived its usefulness. Read More »
As part of a national trend towards states adopting voter ID laws, about 62 percent of Mississippi voters approved a referendum in 2011 that would require voters to show a photo ID before being allowed to vote. But the failure of similar laws in other states to be approved by the U.S. Dept. of Justice (DOJ) has led to questions about whether Mississippi’s new law will receive clearance from the DOJ and, if so, if it will be in time for the November presidential elections. Sec. of State Delbert Hosemann said careful planning has been done in drafting legislation to implement the state’s voter ID requirement to address the kinds of concerns that led to voter ID laws in others states such as Texas and South Carolina not being approved by the DOJ. Hosemann met with representatives of the DOJ to review the history of states where voter ID bills were approved. He said he told the DOJ the State of Mississippi wants to adopt a voter ID bill that meets all constitutional requirements at minimal cost to the taxpayers. Read More »
A three-judge panel will meet next week to consider delaying South Carolina’s June 12 primaries in the wake of a state Supreme Court decision that removed nearly 200 candidates from ballots. U.S. District Judge Cameron Currie heard arguments Thursday from an attorney for Amanda Somers, who says her candidacy was thrown into question after justices ruled financial- and candidate-intent paperwork must be filed at the same time. Since Somers was ultimately allowed on the ballot, Currie questioned her ability to sue. The judge allowed a state Senate candidate from Edgefield who was tossed off, Republican John Pettigrew, to join the suit. While disregarding several arguments, Currie said allegations the state violated the Voting Rights Act in sending separate ballots overseas for federal and local races may have merit. Read More »
There is something fundamentally wrong with any law that disqualifies 180 candidates from running for office because of a paperwork technicality. That, of course, was not the intention when South Carolina lawmakers enacted the law requiring disclosure of monetary dealings by candidates. But last week the state was rocked when the S.C. Supreme Court ruled that any candidates for the June 6 primaries who did not file a hard copy of their statements of economic interest when filing for office is off the ballot. The ruling, which represents a to-the-letter interpretation of a law by the court, affects about 180 city, county and state candidates. Most thought they were complying with the law as long as they filed the statement sometime before the April 15 deadline that applies to incumbents. In fact, they were required to file both the economic statement and a statement of intention to run at the same time on or before the March 30 deadline for challengers. While scores of challengers were disqualified, including six in York County, no incumbents were kicked off the ballot. Incumbents automatically file economic statements as a requirement for holding office. Read More »
The federal district court in Washington suggests that if Texas doesn’t have the Republican-backed voter-ID law in place this year, blame Republican Attorney General Greg Abbott. In a stern rebuke, the court says says the state of Texas is dragging its feet rather than produce documents the Justice Department says it needs. At issue is the state’s photo-ID law, which will require that a voter produce a photo identification such as a driver’s license in order to vote. The Legislature passed the law, but a court fight has stalled its implementation. Republicans say the law (known as Senate Bill 14) is needed to stop voter fraud. Democrats say it’s an effort to discourage voters — particularly the poor, elderly and minorities, who tend disproportionately to be Democrats. Abbott has sued the Justice Department for not clearing the way for the new law. Read More »
One of the most important and complicated insider games in politics moves back to the Alaska Supreme Court this week with an appeal by the Alaska Redistricting Board of its method for redrawing the state’s legislative map. In a petition filed Tuesday, the board is asking the high court to overturn a decision by a Fairbanks judge that the board failed to first rely on state law for drawing up “one-person, one vote” districts before adjusting them to prevent Alaska Native votes from being illegally diluted. Native voting rights are protected by the U.S. Justice Department under the federal Voting Rights Act. The Alaska Supreme Court has previously ruled that the Voting Rights Act should be applied only after state requirements are met. Read More »
Insisting they know better, state lawmakers voted Monday to limit local elections to just two days every two years. HB 2826 says, with only a few exceptions, cities, counties, school districts and other government entities could have their elections only at the same time as the state. That means the same days as the statewide primary, which usually occurs in late August, and the general election in November. The 32-28 House vote came over the objections of lawmakers from both parties who questioned why the state should overrule what local communities have decided. ”Local rule is still the best rule,” complained Rep. Cecil Ash, R-Mesa. It also presages a legal fight. Read More »

Since the beginning of 2011, lawmakers around the country abruptly enacted laws to curb voting rights and tighten registration rules. These measures are fiercely controversial. But lately the debate has taken a surprising turn. Suppressive voting laws have met resistance at the polls and in the courts. This surprisingly emphatic twist is good for our democracy. If the restriction of voting rights can be blocked or blunted, it will give us an opportunity to move forward with bipartisan reforms to our ramshackle registration system. Consider the recent backlash.
In Maine, voters reversed a new law, passed in June 2011, that ended same-day registration. Now voters will be able to register on Election Day in 2012. In Ohio, more than 300,000 citizens signed petitions, enough to temporarily suspend the state’s new law that curbed early voting and force a statewide referendum in November. Now nervous Republicans are close to a deal with Democrats that would repeal the law and restore early voting for the three days before the election. Florida, meanwhile, imposed onerous penalties and paperwork burdens on volunteers who sign up voters. Helping your neighbors participate in our democracy is not something we should restrict, which is why the Brennan Center is leading the fight to challenge this law. We represent the League of Women Voters, Rock the Vote, and other civic groups that have shut down registration drives. The league has won similar lawsuits twice before and now awaits a judge’s ruling, which is expected soon. Even on the contentious issue of requiring government-issued photo identification to vote, the strictest new laws have slammed into legal barriers. Read More »
Arizona’s contentious redistricting process heated up again with the filing Friday of a pair of Republican-backed lawsuits challenging new congressional and legislative districts approved by a state commission. Each lawsuit asked a court to declare one of the maps unconstitutional and to order the state’s redistricting commission to draw a replacement map for use in elections after this year. However, the lawsuit challenging the legislative districts asked that a three-judge panel of federal judges draw an interim legislative map for use in this year’s elections. The suit filed in state court to challenge the map of nine U.S. House districts doesn’t ask for an interim map. Read More »
The U.S. Department of Justice gave its blessing to Florida’s proposed legislative and congressional maps on Monday, clearing one of the last remaining hurdles for the newly drawn districts to be in place in time for the June 4-8 candidate qualifying period. Florida is required to seek “pre-clearance” from DOJ’s Civil Rights Division for most election-law changes because five counties have a history of racial discrimination in elections. The one-page letter from Assistant U.S. Attorney General Thomas Perez is boiler-plate, stating Attorney General Eric Holder “does not interpose any objection to the specified changes” to the maps. ”However, we note that [the federal Voting Rights Act] expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes,” it adds. Read More »
A Florida state circuit court ruled against a Democratic challenge to the state’s new Congressional map, denying a motion that the map violates the state constitution and declining to issue an injunction against the map. The news comes hours after the Department of Justice greenlighted the GOP-drawn Congressional map. This, in effect, means that Democrats are probably stuck with the map passed by the GOP-controlled state Legislature earlier this year, which keeps most of the 19 Republican Members in comfortably safe districts. While Democrats could appeal the ruling to the state Supreme Court, legal observers believe it is probably too late to change the 2012 lines. “The Florida Democratic Party led an unprecedented effort to ensure that the will of the people was heard in the redistricting process and to hold the Republican-led Legislature accountable to Florida’s Constitution,” FDP Executive Director Scott Arceneaux said in a statement. “We remain concerned about elements of the map and we will continue to evaluate our legal options moving forward.” Read More »
A federal court has given the state of South Carolina until Monday to clarify whether it would be feasible to implement a statewide voter identification requirement in time for this year’s general elections. State elections officials have said that, in order to take appropriate steps to use the law for the Nov. 6 general election, the requirement that voters present government-issued photo identification at the polls must go into effect no later than Aug. 1 of this year. Now, it will be up to state Attorney General Alan Wilson to outline what steps the state would need to take to create photo voter ID cards and make sure voters know the rules in enough time for the general election. The deadlines for the state would be tight. But one of the three judges hearing the case said the speedy schedule is necessary if state officials want to be able to use the law — if approved — this year. Read More »
The U.S. Department of Justice approved Arizona’s new legislative map Thursday, making official what most candidates are already taking for granted. The approval marks the first time in four decades that Arizona’s legislative map has won Justice Department approval on the first submission, according to attorneys for the Arizona Independent Redistricting Commission. The agency had no objections to the map, which the commission approved in January. It creates 30 new legislative districts across the state to reflect population shifts over the past decade. Most candidates eyeing a seat in the Legislature have already relied on the new map as they have declared their intentions to run. Read More »
A Mississippi voter ID bill is headed to Republican Gov. Phil Bryant, who has said he supports it as a way to protect the integrity of elections. The final version of House Bill 921 passed the Republican-controlled House 79-39 Thursday, with strong opposition from black representatives. It would require voters to show a driver’s license or other form of photo identification before casting a ballot. The bill is intended to enact a state constitutional amendment that 62 percent of Mississippi voters adopted in last November’s general election. Bryant has pledged to sign the bill into law. However, there’s no guarantee that the ID requirement will ever take effect. Read More »
A Mississippi voter ID bill is headed to Republican Gov. Phil Bryant, who has said he supports it as a way to protect the integrity of elections. The final version of the bill passed the Republican controlled House 79-39 Thursday, with strong opposition from black representatives. It would require voters to show a driver’s license or other form of photo identification before casting a ballot. The bill is intended to enact a state constitutional amendment that 62 percent of Mississippi voters adopted in last November’s general election.
Bryant has pledged to sign the bill into law. However, there’s no guarantee that the ID requirement will ever take effect. Read More »
National Voter Registration Act vs. Voter ID and Other Voter Access Challenges | Concurring Opinions
In the ongoing battle to improve access to elections and expand the electorate, civil rights groups have often used the Voting Rights Act of 1965 (and its amendments) as the preeminent weapon. The most transformative legislation to come out of the civil rights movement, the VRA changed the complexion of this country’s elected bodies and increased access to political power for minorities through muscular remedies. However, it is the NVRA (National Voter Registration Act), the VRA’s lesser known, younger cousin of sorts, that has been stealing headlines this week Sandwiched between the VRA and the more recent Help American Vote Act (HAVA) passed in 2002, the 1993 NVRA is sometimes overlooked as a significant linchpin of voter access. Indeed, the NVRA has played an important role in securing expanded registration opportunities for marginalized populations. And, in the face of stringent voter ID laws that suppress voter turnout and shrink the electorate, both offensive strategies and defensive tools are needed. The NVRA continues to prove that it can be effective on both fronts. Read More »
Since the beginning of 2011, states across the country have passed new laws restricting the right to vote. From voter ID to curbs on early voting and registration drives, these controversial measures could make it harder for millions of Americans to vote this year, including a disproportionate number of minority, young, and elderly voters. The photo ID law passed by Texas, for example, could prevent hundreds of thousands of eligible voters from casting a ballot, including a disproportionate number of minorities, as the data shows. Voting rights advocates are fighting these laws in the courts, but in addition to these direct attacks on the franchise, opponents are now threatening a cornerstone of American civil rights law — the Voting Rights Act (VRA). Decades ago, our nation passed the Voting Rights Act (VRA) to combat discrimination in voting. It has successfully protected voters against decades of discriminatory measures that had disenfranchised African Americans, Latinos, and many other Americans. The VRA was even reauthorized in 2006 with overwhelming bipartisan support in Congress, and it was signed by President George W. Bush. Elected officials in both parties recognized the VRA is still needed because discrimination against minority voters continues to this day. For example, in recent years, the Justice Department forced Texas to stop discriminatory actions against voters at historically black colleges and universities. Read More »
A federal court review of Florida’s new election law will extend into July, just a month before the Aug. 14 primary. A Department of State spokesman on Monday said Florida is prepared to use two election laws if the U.S. District Court in Washington, D.C., doesn’t rule before the primary. A judge last week issued a schedule that doesn’t require final briefs to be filed until July 9. Read More »
It’s been about a month since the Alaska Supreme Court ruled that most recent Alaska redistricting plan failed to strike a balance between federal and state voting bloc requirements, and on Friday a Superior Court judge determined that the latest redistricting failed to meet requirements set forth in the Alaska Constitution. The Supreme Court in March ordered the Superior Court to re-evaluate the plan, which it said placed too much emphasis on the federal Voting Rights Act and not enough on the Alaska Constitution. Superior Court judge Michael McConahy made a similar finding Friday, saying that the plan failed to abide by what the court is calling “the Hickel process.” Read More »
Last week, the Alaska Redistricting Board signed off on a redrawn plan it hoped would resolve a slew of issues that led the Alaska Supreme Court to throw it out, but it’s already facing widespread opposition. Seven parties, including the plaintiffs who first brought the lawsuit and the Fairbanks North Star Borough, filed objections against the redistricting board’s new election district map earlier this week. While the objections have a wide range of specific concerns, the general theme throughout is that the board hadn’t followed the a process set out in an earlier redistricting battle. The process, known as the Hickel Process, requires the board to draw a plan that complies with the Alaska Constitution’s requirements for socioeconomic contiguity and district compactness, then test it against the federal Voting Rights Act before making any deviations to comply with the federal requirements. Read More »
Court watchers say a Texas case could trigger the dismantling of a decades-old civil rights law. Steven Shapiro, the American Civil Liberties Union’s national legal director, is to speak in Houston today, analyzing recent trends by the nation’s highest court. Texas is among nine mostly southern states with a history of discrimination which are required by the 1965 Voting Rights Act to get federal clearance before changing election rules. That’s why a new Texas voter-photo-ID law is on hold: It failed to win the Justice Department’s blessing. The state is now suing, and the case is likely to head to the U.S. Supreme Court. ”The court has dropped some hints that it’s prepared to rethink the whole issue. I would like to believe that the court will not strike down what I think has been the single most successful civil rights law in American history, but I think people are appropriately anxious.” Read More »
Attorney General J.B. Van Hollen asked the U.S. Supreme Court Thursday to overturn a decision by a three-judge panel that found maps of two state Assembly districts violated Latinos’ voting rights. The U.S. Supreme Court is required to take the case and will have the final say on what election maps are in place around the state for the next decade starting this fall. A panel of federal judges in Milwaukee last month ruled that Assembly Districts 8 and 9 on Milwaukee’s south side violated the Voting Rights Act. This month the panel approved new maps for the two districts drawn by Democrats and Latinos who sued the state over the issue. Those who sued, including the immigrant rights group Voces de la Frontera, contended that a host of maps for other legislative and congressional districts violated the law, but the panel did not side with them on those arguments. Read More »
Companies giving at least $2 million to the Congressional Black Caucus Foundation — nearly half of its reported 2010 donations — also backed an organization championing voter identification laws that caucus members say “suppress” minorities’ right to vote. The group, the American Legislative Exchange Council, lists 22 corporate and trade association members on its private enterprise board. Thirteen of those firms also contributed to the black caucus foundation in 2010, according to Internal Revenue Service records and the latest available data on the websites of both organizations. The dual support puts companies, including Wal-Mart Stores Inc. (WMT) (WMT), AT&T Inc. and Johnson & Johnson, in the position of financing both sides in a political dispute over state laws that the U.S. Justice Department said in some cases are biased against minority voters. “Corporations should be conscious of how their advocacy money is being spent by organizations that they contribute to,” said U.S. Representative Hank Johnson, a Georgia Democrat and a member of the black caucus. “This is a wakeup call for corporate interests to be more responsible for how they spend their money.” A spokeswoman for the black caucus foundation, Traci Hughes, didn’t respond to phone calls and e-mails seeking comment. Read More »
The U.S. Department of Justice says a Texas law requiring most people to show ID before they can vote will discriminate against minorities. In court documents filed today, the department says there is substantial evidence that minorities will be affected the most: Among other evidence, records produced by the State of Texas indicate that S.B. 14 will disenfranchise at least 600,000 voters who currently lack necessary photo identification and that minority registered voters will be disproportionately affected by the law, based on both a greater likelihood of lacking a required form of photo identification and a lesser ability to obtain a necessary identification. Read More »
Elections officials in the District are condemning conservative activist James O’Keefe as a “prankster” for his latest hidden-camera ploy, in which he sent an associate inside a D.C. polling place to demonstrate the need for “voter ID” laws by showing he could vote as the U.S. attorney general. In a statement, the Board of Elections and Ethics said the O’Keefe associate was “misrepresenting his identity” by walking into Spring Valley’s Precinct 9 on Tuesday and asking a poll worker if Eric Holder appeared on the rolls. But a representative of O’Keefe’s Project Veritas said no laws were broken in the incident. The attorney general is indeed registered to vote in the precinct, and the poll worker invited the man to sign the poll book and proceed to vote. At that point, the man inquired about providing ID and was told it was not necessary before he left. The board said that the Holder incident is one of “multiple incidents” that took place last Tuesday that it continues to investigate. O’Keefe teased other hidden-camera episodes in the Holder video. Read More »
Conservative activist James O’Keefe’s latest project aims to lampoon the mostly Democratic opposition to “voter ID” laws, and does so by focusing hidden cameras on last week’s D.C. primary elections. In the first of several promised clips, an O’Keefe associate tries to see if he can vote as Eric H. Holder, attorney general of the United States and longtime Spring Valley resident. Why Holder? Under his leadership, the Justice Department has objected to laws requiring voters to present identification in states subject to preclearance under the Voting Rights Act of 1965. People like O’Keefe think voter ID laws are a common sense way to prevent voter fraud; people like Holder say they address a problem that doesn’t exist, and the laws would give officials new pretext to keep legitimate voters from casting ballots. Read More »








