Monthly Archives: November 2011

It’s no secret: Over the last year, state legislatures — largely those run by Republicans — have taken up and in many cases passed a series of laws that create new obstacles for voters, especially historically disenfranchised voters and Democrats. The “war on voting” includes measures requiring voters to show photo ID at the polls, restrictions on voter registration, shortening of the early voting period and in Florida, a rule making it more difficult for ex-felons to vote. And as Facing South has shown, in a tight battleground state like Florida, the GOP laws could make all the difference in 2012.

In the face of the voting-restriction juggernaut, voting rights advocates in the South have one tool for fighting back that most other states don’t: Section 5 of the Voting Rights Act, which requires covered states to gain approval from the Department of Justice before carrying out major changes to voting laws. With the 2012 elections just a year away, what has the Justice Department done so far? While DOJ’s response to state redistricting plans has been largely muted, so far justice officials have taken an active interest in scrutinizing and challenging Southern state laws that affect voting rights.

Editorials: The Republican ‘voter fraud’ fraud | Diane Roberts/guardian.co.uk

In the 2008 election, Barack Obama benefited from extended voting hours and early voting days, as well as rules allowing citizens to register and vote on the same day. It’s pretty obvious why: students, the elderly, and hourly-wage workers who can’t queue for hours without making the boss angry, tend to favor Democrats. Florida – which became a byword for Banana Republicanism and electoral corruption 11 years ago – has been positively zealous in attempts to restrict voting rights on the grounds that easy voting leads to waste, fraud and abuse. One lawmaker pitched a hissy fit, claiming that dead actors (Paul Newman, for one) constantly turn up on voter rolls and that “Mickey Mouse” had registered to vote in Orlando. State senator Mike Bennett wants to make voting “harder”; after all, he said, “people in Africa literally walk 200 or 300 miles so they can have the opportunity to do what we do, and we want to make it more convenient? How much more convenient do you want to make it?”

Florida Republicans addressed the problem of “convenience” earlier this year by cutting early voting days from 14 to eight, cutting budgets for expanded polling places and eliminating Sunday voting: African American (and some Latino) churches had successfully run a post-sermon”Souls to the Polls” operation, getting out the vote in 2004, 2006 and 2008. Florida has also attacked civic-minded people trying to register new voters. Jill Ciccarelli, a teacher at New Smyrna Beach High School, wanted to foster a sense of citizenship amongst her pupils, so she helped the ones who were old enough register. She didn’t know she was breaking the law. Now, all individuals or groups must file a “third party registration organisation” form with the state, and instead of having ten days to deliver the paperwork,they must now do it in 48 hours. Failure to comply could draw felony charges and thousands of dollars in fines.

Voting Blogs: Voters head to the polls to vote on voting | Electionline Weekly

Voters in several states head to the polls on November 8 to elect a variety of offices and decide on a number of ballot initiatives. While off-year elections don’t typically draw the same attention as their even-year counterparts, this election season will provide several election administration storylines worth watching.Voters in Mississippi will decide next week whether or not they want to show photo ID on future election days.

Initiative 27, sponsored by Secretary of State Delbert Hosemann and State Sen. Joey Fillingane is appearing on the November ballot after the state senate failed to take up the matter in its last session. If approved by the voters, the state’s Constitution would be amended to require voters to show a government issued photo ID in order to cast a ballot.

Editorials: Wisconsin Voter ID law attacks democracy | JSOnline

A year from now, the people of Wisconsin will be going to the polls to exercise one of the most cherished rights of our democracy: the right to vote. It is the fundamental pillar of our democracy that in the voting booth we are all equal – black or white, young or old, rich or poor. When we cast our ballot, we all raise an equal voice to determine the shape of our government. Wisconsin legislators would deny that right. Strict new voter identification laws were proposed in 34 states, including our own. Wisconsin’s new voter identification restrictions, which passed the Legislature this year, are now the strictest in the country.

Wisconsin’s new law requires voters to produce a non-expired Wisconsin or federal government-issued photo identification, prohibiting use of many forms of identification that effectively verify voters’ identity, such as student IDs, state employee IDs, out-of-state licenses, expired licenses and even a voter registration card. Touted on the guise of addressing so-called voter fraud, these laws are expensive to implement, disenfranchise voters, create long lines at the polls and do not prevent the very voting problems they purport to address.

Alabama: Alabama County Continues Fight Over Voting Rights Act | Wall Street Journal

Several states – all with Republican majorities in the state legislature – having been fighting to have portions of the Voting Rights Act of 1965 declared unconstitutional. Now, an Alabama county is asking a federal appeals court in Washington to strike down a judge’s September ruling that upheld the Act’s constitutionality, the Blog of Legal Times reports.

Section 5 of the Voting Rights Act, known as the “preclearance” section, requires some states and localities to get permission from the Justice Department before changing laws relating to elections. The provision applies mostly to locations in the South, where discrimination historically prevented many groups from voting.

Ohio: Early voting’s end angers Democrats | Toledo Blade

County boards of election must stop early in-person voting as of 6 p.m. Friday, Ohio Secretary of State Jon Husted has advised, prompting Democrats to cry foul. The Rev. Jesse Jackson used a rally Wednesday at the University of Toledo to urge students and others to “occupy” the downtown voter-registration center “all day and night” this weekend. This occurs as a number of counties are reporting higher-than-usual absentee mail-in and early in-person voting for an off-year election, perhaps driven by interest in high-profile ballot issues such as Issue 2, which affects collective bargaining.

The early voting issue was created by a voter referendum effort on a controversial overhaul of state election law, House Bill 194, that had a spillover effect on separate legislation, House Bill 224, containing some similar language. The referendum effort has placed House Bill 194 on hold indefinitely, but the latter law passed unanimously and took effect last week.

South Dakota: ACLU, secretary of state to meet on felon voting rights | The Daily Republic

The American Civil Liberties Union of South Dakota and South Dakota Secretary of State Jason Gant plan to meet soon to discuss the voting rights of convicted felons. ACLU-South Dakota issued a press release Monday alleging Gant’s office was wrongly informing some residents with felony convictions that they are prohibited from voting.

Gant said the ACLU’s allegations are “unfounded” but invited ACLU officials in for a meeting. Gant said the ACLU’s claim is based on a misunderstanding of his website. “The information they are referencing is on my website, and has been since May of 2010,” Gant said in a press release he issued Monday to counter the ACLU’s release.

Egypt: Netherlands helps pay for Egyptian election ‘witnesses’ | Radio Netherlands Worldwide

The Netherlands has promised the US Carter Centre 300,000 euros to send people to Egypt to watch over the upcoming elections in November. Foreign Minister Uri Rosenthal spoke with his Egyptian counterpart Mohammed Kamel Amr in Cairo on Wednesday.

Cairo says it has no difficulty with what they insist on calling ‘witnesses’ rather than ‘observers’. “They will be given free access to polling centres,” Minister Rosenthal said, as will the press. He says he has no problem with the terminology as he is satisfied with the conditions under which foreign election watchers will be able to operate. The Carter Centre was set up in 1982 and regularly sends observers to monitor elections all over the world.

Morocco: Islamists await their turn ahead of elections | The Daily Star

With Islamist on the doorstep to power in Tunisia, it is now Morocco’s turn to go to the polls in elections that despite the low turnout expected, will likely bring religion closer to government. But unlike votes in Tunisia and Egypt, which served as climatic final acts in revolutions that surprised the world, the November 25 polling day in Morocco is likely to be a subdued affair.

Last summer, spurred into action as autocrats fell across the Arab world, the king of Morocco Mohammed VI hastily called a referendum asking Moroccans to decide on a new political system that would see the monarch ceding prerogatives. In the July vote, more than 98 percent of Moroccans approved the political reforms and a call for early legislative elections quickly followed.

Zambia: UPG to Print Ballot Papers for Three Upcoming By-Elections | allAfrica.com

The Electoral Commission of Zambia (ECZ) has said ballot papers for the three November 24 Parliamentary by-elections will be printed by the traditional printers, Universal Printing Group (UPG) in Durban, South Africa. ECZ public relations manager Cris Akufuna said officials from the commission would soon leave for South Africa in readiness for the printing. Mr Akufuna said in Chongwe yesterday that the costing for the whole exercise would soon be consolidated now that nomination papers had been filed.

President Michael Sata recently said that this would be the last time Zambia would print ballot papers outside the country, as the task would be undertaken by Government Printers after it has been fully equipped. The by-elections are slated for Chongwe, Magoye and Nakonde constituencies.

The Voting News Daily: Student IDs deemed unacceptable as voter ID under new Tennessee law, Elderly could run afoul of Tennessee voter ID requirements

Alabama: D.C. Circuit To Hear Voting Rights Act Case In January | The Blog of Legal Times Lawyers for an Alabama county that is challenging a controversial section of the Voting Rights Act have asked a federal appeals court in Washington to strike down a judge’s ruling that upheld the constitutionality of the law. Judge John…

Alabama: D.C. Circuit To Hear Voting Rights Act Case In January | The Blog of Legal Times

Lawyers for an Alabama county that is challenging a controversial section of the Voting Rights Act have asked a federal appeals court in Washington to strike down a judge’s ruling that upheld the constitutionality of the law. Judge John Bates of U.S. District Court for the District of Columbia in September ruled for the Justice Department in its defense of Section 5 of the Voting Rights Act of 1965. The section requires some states and localities to get permission before implementing election-related changes.

Section 5, according to the Justice Department, was set up to ensure that changes do not harm minority voting rights. Congress extended the Voting Rights Act in 2006 another 25 years. Shelby County, Ala., sued the Justice Department last year.

Colorado: Inactive voters playing major role in Pueblo County election | The Colorado Independent

Pueblo County Clerk Gilbert “Bo” Ortiz defended his right to send ballots to “inactive voters” this year over the objections of Secretary of State Scott Gessler. Ortiz told the Colorado Independent he believes his main objective as clerk is to facilitate participation in elections and, on that score, he has succeeded. As of Monday night, 16 percent of the county’s roughly 17,000 inactive voters had cast ballots. That’s 2,700 votes, nearly 9 percent of all votes cast in the county, which is a lot of votes.

“This means that Pueblo[‘s] [inactive] voters responded and will have a significant impact on this year’s election,” Ortiz said. “The bottom line is that all registered voters had the opportunity to cast a vote. And the more people who participate, the stronger our community.”

Tennessee: Student IDs deemed unacceptable as voter ID under new Tennessee law | The Daily Helmsman

With free admission and discounts to local attractions and restaurants, most students are quick to wield the power of their student identification, but a new law requiring photo identification at the polls next year cuts that power short.
Effective Jan. 1, 2012, all Tennessee voters are required to have a photo ID if they expect to cast a ballot. The current law requires voters only to show proof of signature.

Acceptable forms of photo ID include a Tennessee driver’s license, a valid photo ID issued by the state of Tennessee or any other state in the United States, a valid United States passport, an employee photo ID card issued by Tennessee or any state in the United States or a military photo ID card. However, student identification is not included in the list, despite the required photo of the student on an ID card by most colleges.

Tennessee: Elderly could run afoul of Tennessee voter ID requirements | The Daily Times

Elderly people without driver’s licenses could face difficulty complying with a new state voter identification law that goes into effect on Jan. 12. Under the law, a voter will be required to produce a federal or state government-issued photo ID before being allowed to vote. Although free photo IDs can obtained from any Department of Safety driver’s license testing station, those without a license must present additional documentation — proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a copy of a utility bill, vehicle registration/title, or bank statement) — to receive one.

During a Blount County Election Commission town meeting Tuesday, Administrator of Elections Abby Breeding told the handful of attendees that this can prove difficult for some older voters. “It’s a lot of paperwork for some of the elderly to do.”

Drivers in Tennessee age 60 and older may opt to carry a non-photo driver license. It is much easier for those people to receive the free ID, Breeding said. “It’s not that difficult for them to get their picture added to it,” she said. “The difficult one is if they don’t have a driver’s license.”

Voting Blogs: Non-Precinct Place Voting: Trends and Opportunities | Doug Chapin/PEEA

Pew’s latest Election Data Dispatch looks at the steep upward trend in the numbers of voters who are casting ballots outside the traditional neighborhood polling place. Using data from the Census Bureau’s Current Population Survey, the Pew team found that 26.6% of voters in 2010 cast ballots by absentee, vote-by-mail or in-person early voting – up from 19.6% in the 2006 midterm elections.

I recently had the opportunity to contribute a piece to the Election Law Journal discussing the impact of this growing shift by voters to non-precinct place voting (NPPV). In doing so, I made the following observations about the nature of the changes that accompany a growth in NPPV:

Egypt: The Effects of Egypt’s Election Law | The Middle East Channel

Egyptians have finally begun to learn the rules that will govern their first post-revolutionary parliamentary elections, scheduled to begin on November 28. The election law announced by the Supreme Council for the Armed Forces (SCAF) is remarkably complicated, generating great confusion both inside and outside of Egypt. Those poorly understood rules will play an important role in shaping the results — and are already pushing the Egyptian party scene into a polarized competition between Islamist and secular blocs, with independents somewhere in the middle with no clear political or economic agenda.

The electoral system that the SCAF has chosen for the forthcoming election is a departure from Egypt’s historical practice. Egyptian elections have typically been governed by a majoritarian system in smaller constituencies (222 in total). Such a system traditionally made voting a choice between individual candidates rather than parties’ programs, which put a premium on coming from a strong local tribe or from a wealthy background. The small size of constituencies made this possible because it increased the electoral weight of extended families and tribes, especially in rural constituencies.

The Gambia: Towards a Peaceful Election | allAfrica.com

Barely three weeks to the the November 24th Presidential Election, the chairman of the Independent Electoral Commission (IEC) has embarked on a countrywide tour, meant to sensitise the people about the mandate of his Commission and also stress the importance of peace during the elections.

Mustapha Carayol’s move is indeed worthy of commendation, as it is only an independent and transparent electoral commission that engages the electorate and stakeholders in election at such a degree. The chairman’s additional advice to village heads to allow all political parties campaign in their respective villages is a testimony to this fact. The electorate should pay heed to the IEC chairman’s message, because it is peace that can guarantee us a free and fair election, which is fundamental since one of the most fundamental pillars of democracy is the conduct of periodic free and fair elections.

Nigeria: Year 2015 – Representatives, Jega Mull Electronic Voting | allAfrica.com

Members of the House of Representatives Committee on Electoral Matters and Chairman of the Independent National Electoral Commission (INEC) Professor Attahiru Jega yesterday pondered over the possibility of conducting electronic voting system in Nigeria in the 2015 general elections.

Briefing members of the committee led by Rep Jerry Manwe (PDP, Tara), Jega said INEC was being proactive on the possibility of electronic voting in 2015.

Nigeria: Court overrules election challenge | The Associated Press

An election tribunal on Tuesday dismissed the main opposition party’s challenge over fraud claims in the April presidential election, revalidating the ruling party’s win in Africa’s most populous nation. The Congress for Progressive Change’s election lawsuit failed to cast reasonable doubt on the results that handed victory to President Goodluck Jonathan about six months ago, said Judge Kumai Akaas, who led a panel of four judges that reached an unanimous decision.

“The petitioner did not discharge the burden of proof, even on the balance of probability,” Akaas said. Opposition candidate Muhammadu Buhari’s party challenged the results of the April 16 vote soon after the nation’s election body announced that Jonathan had won 22.4 million votes. The election body said Buhari had come in second place with 12.2 million votes, with the results giving Jonathan enough votes in at least 24 of Nigeria’s 36 states to avoid a runoff.

Philippines: Comelec wants amendments to election code | Inquirer News

The Commission on Elections is planning to seek amendments to the 26-year-old Omnibus Election Code to attune it with election automation laws, the latest of which was first implemented nationwide last year. Comelec Chairman Sixto Brillantes Jr. said recently that most of the provisions of the OEC had become obsolete after the country adopted its first election automation law, Republic Act No. 8046, which provided for the pilot-testing of a computerized voting system for the 1996 polls in the Autonomous Region in Muslim Mindanao.

“The voting scheme nowadays is really different. The provisions under the OEC no longer apply. Many [situations governed by the provisions] can no longer happen,” he said. Asked how much of the OEC was no longer applicable or could no longer be enforced, he replied, “At least half.” The Comelec chief said this was the reason the commission would be undertaking an extensive study on how to amend the OEC, officially known as Batas Pambasa 881.

The Voting News Daily: If I can shop and bank online, why can’t I vote online, Dems, GOP spar over voter ID laws

From the Verified Voting Blog: David Jefferson: If I can shop and bank online, why can’t I vote online? There is widespread pressure around the country today for the introduction of some form of Internet voting in public elections that would allow people to vote online, all electronically, from their own personal computers or mobile…

National: Microsoft Research Proposes E-Voting Attack Mitigation | threatpost

Microsoft Research has proposed a mitigation for a known potential attack against verifiable electronic voting machines that could help prevent insiders from being able to alter votes after the fact. The countermeasure to the “trash attack” involves adding a cryptographic hash to the receipts that voters receive.

Many verifiable voting systems already include hashes on the receipts, but that hash typically is of the ballot data for each specific voter. The idea proposed by Microsoft Research involves using a running hash that would add a hash of the previous voter’s receipt to each person’s receipt, ideally preventing a privileged insider from using discarded receipts to alter votes. The trash attack that the mitigation is designed to address involves election workers or others who might be motivated to change votes gathering discarded receipts and then altering those votes.

“The provision of receipts to voters who may not want them, however, suggests a very simple means by which election workers could find votes that are good candidates for alteration: poll workers could simply collect the contents of the nearest trash receptacles. Any receipts that have been discarded by voters would be strongly correlated with votes that could be altered without detection.3 Active collection of receipts may also be viable through social engineering,” Josh Benaloh of Microsoft Research and Eric Lazarus of DecisionSmith wrote in a research paper, “The Trash Attack”.

National: Dems, GOP spar over voter ID laws | The Hill

The two parties sparred late Tuesday night over the proliferation of voter identification laws across the country, as several House Democrats said these laws would make it harder to minorities to vote, and a lone Republican said the evidence of voter fraud demands a solution such as ensuring all voters are legal U.S. citizens via a picture ID.

“They have only one true purpose, which is to disenfranchise eligible voters,” Rep. Marcia Fudge (D-Ohio) said on the floor of various state laws. Several Democrats joined her to add that Republican claims of voter fraud are baseless. “There is no threat of voter fraud,” Rep. Rush Holt (D-N.J.) said. “Are there rampant cases of impersonation, voting as someone else? No. Voter fraud is not rampant, there are not numerous cases of impersonation.”

National: Election law becomes partisan battlefield | BostonHerald

Barack Obama may have won this crucial state three years ago on the Sunday before Election Day when “souls to the polls” drives brought a surge of blacks and Latinos to cast ballots after church. Florida had opened the polls two weeks early, and even so, long lines across the state prompted the governor to issue an emergency order extending the hours for early voting. Propelled by waves of new voters including college students, Obama eked out a win with 51 percent.

It will be different next year, thanks to changes in the voting laws adopted by the Republican-controlled Legislature. Early voting was reduced from two weeks to one week. Voting on the Sunday before Election Day was eliminated. College students face new hurdles if they want to vote away from home. And those who register new voters face the threat of fines for procedural errors, prompting the nonpartisan League of Women Voters to suspend voter-registration drives and accuse the Legislature of “reverting to Jim Crow-like tactics.”

Voting Blogs: “We do not have a constitutional right to buy Sudafed or be a frequent flier; we do have a constitutional right to vote.” | State of Elections

On May 11, 2011, the South Carolina General Assembly passed Act R54. The new law would require individuals to present photo identification to vote. Governor Nikki Haley signed the bill a week later.The Department of Justice has yet to pre-clear the new law, stating that it needs proof from South Carolina that Act R54 would not disenfranchise voters. Valid forms of identification include a South Carolina driver’s license, a passport, military identification, a voter registration card with a photograph, or another form of photographic identification from the Department of Motor Vehicles (DMV).

Chris Whitmire, Director of Public Relations and Training at the South Carolina State Election Commission (SCSEC), spoke to me about the preparations taking place if the law is pre-cleared. These preparations include training county election officials, notifying registered voters without proper identification through direct mail, and a social media campaign about the new law. The General Assembly allocated $535,000 to the SCSEC for the voter education campaign and the creation of new voter registration cards that contain a photograph of the voter.

Voting Blogs: Will Florida Election Law Increase Absentee Ballot Voter Fraud? | electionsmith

I’ve been writing a lot over the past five months about House Bill 1355, dubbed by many as Florida’s ignominious voter suppression law. HB1355 is being challenge in federal court, and the US Justice Department has yet to grant preclearance of portions of the law which cover five Florida counties covered by Section 5 of the Voting Rights Act. Defending the law, the Florida Secretary of State is suing in Federal Court to not only uphold all sections of the law, but to strike down Section 5 of the Voting Rights Act.

Most of the attention that I and others have given to HB1355 has focused on three areas that the GOP-controlled legislature cracked down on in order to make it more difficult for citizens of Florida to register to vote and cast a ballot, namely:

1) Reducing the number of days for early voting from 14 days to eight days, and altogether eliminating early voting on the Sunday before the Tuesday election.

2) Requiring third-party voter registration organizations to submit voter registration applications within 48 hours of receipt instead of ten days as provided by existing law, and imposing a fine of $50 for each failure to comply with the deadline, and imposing fines up to $1,000 for failing to comply with other provisions.

3) Disallowing voters who move from one Florida county to another to make an address change at the polls on the day of an election and vote a regular ballot, except for active military voters and their family members.

Florida: Senator Bill Nelson wants congressional investigation of election law changes | OrlandoSentinel.com

U.S. Sen. Bill Nelson is asking that Congress investigate whether restrictive new voting laws in more than a dozen states — including Florida — are part of an “orchestrated effort to disenfranchise voters,” according to a letter released Tuesday.

The request by the Florida Democrat — who’s running for re-election in 2012 — follows a report last month by the Brennan Center for Justice, a watchdog group based in New York City, that found new regulations passed in 14 states, most them Republican-controlled, could make it harder for 5 million voters to cast ballots nationwide.

Nelson has requested that a Senate Judiciary subcommittee hold field hearings in the 14 states to see whether the efforts were coordinated and “to what extent such might be illegal,” according to a letter he sent to U.S. Sen. Dick Durbin, D-Ill., chair of the Subcommittee on the Constitution, Civil Rights and Human Rights.

Egypt: A guide to Egypt’s first post-revolution elections | IRIN Middle East

Millions of Egyptians will head to the polls on 28 November in the first parliamentary vote after a popular uprising ended Hosni Mubarak’s 30-year rule. The elections end decades of what was effectively one-party rule and will establish a parliament to lead the drafting of a new constitution within a year. If approved in a subsequent referendum, this constitution will shape Egypt’s future.

But few Egyptians understand the complex election system or know what the parties represent. “The election system is really confusing,” Saed Abdel Hafez, chairman of the local NGO, Forum for Development and Human Rights Dialogue, told IRIN. “Because people do not understand the system, they will most likely vote for the people or the powers they used to vote for in the past. This means that the next parliament will not reflect the new political realities created by the revolution.”

Maine: Voter fraud rare in Maine, elsewhere with same-day registration | Bangor Daily News