The Voting News Daily: Battle over Saguache CO ballots continues, DC Court decision may affect TX Voter ID proposal
CO: Gessler, clerks battle over ballots in Saguache County | Real Aspen.com
A disputed election in south-central Colorado is now in the hands of a grand jury that is reviewing allegations that the clerk and other officials committed crimes when they tallied the votes. The officials under investigation stood to benefit from the election’s outcome — most notably Saguache County Clerk Melinda Myers — who, along with County Commissioner Linda Joseph, at first lost but then won their races after Myers declared the races had to be retabulated due to a technical glitch. The snafu hasn’t just initiated secret court proceedings. It’s also knocked over a political hornet’s nest. “Family style voting” in Saguache County caught the attention of the Colorado Elections Division, which noted in a December report that partitions were not used Nov. 2 to protect voter privacy. It is but one example of problems that plagued the county’s disputed general election. The Colorado Secretary of State’s Office initially claimed it didn’t have jurisdiction in the races, despite its heavy involvement in the election in question. A secretary of state official was present on election night — when Myers and Joseph were thought to have lost — but no one from the state directly oversaw the retabulation that changed the outcome. State officials did, however, remain in regular communication with Myers and provided her with guidance on how to proceed. The office also sent two officials to Saguache County two weeks after the election to conduct an audit. The secretary of state also rejected the county election canvassing board’s request to hand count the machine-plagued races. Full Article
Though Republican lawmakers remain unswayed by Texas Democrats’ arguments that disenfranchising minority voters should outweigh unsubstantiated fears of polling place voter impersonation — the U.S. Department of Justice, and possibly the courts, will consider those contentions in light of the Voting Rights Act (VRA) before allowing a voter photo identification law to take effect. That is, unless a U.S. District Court judge in Washington, D.C., issues an opinion — which is expected to come soon — that strikes down the part of the VRA requiring Texas and other states, mainly in the South, to seek federal approval before enacting election laws with the potential to adversely impact representation of racial or ethnic minorities. That includes voter photo ID. “During one of the telephonic conferences, Judge [John D.] Bates indicated that he would like to have this case settled by the first of April,” said Edward Blum, whose organization Project on Fair Representation is assisting the plaintiffs in Shelby County, Alabama v. Holder. “So we’re all just eagerly awaiting.” “If the court in Shelby County strikes down either Section 4(b) or Section 5 [of the VRA], and the judge does not stay his opinion, then Texas and all other states subject to Section 5 will no longer be required to preclear,” Blum said. “That doesn’t mean the DOJ doesn’t have the power to come in anywhere and sue a jurisdiction or sue a state under various constitutional statutory provisions to prevent discriminatory election practices from going into or staying in effect.”
