The Voting News Daily: Ban on political ads on public TV struck down, No Election Assistance Commissioners? No problem

National: Ban on political ads on public TV struck down | Reuters

A divided U.S. appeals court struck down a federal ban on political advertising on public TV and radio stations, a decision that could open the public airwaves to a heavy dose of campaign ads leading up to the November elections. By a 2-1 vote, a panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the Federal Communications Commission violated the First Amendment’s free speech clause by blocking public broadcasters from running political and public issue ads. The court said the ban was too broad, and that lifting it would not threaten to undermine the educational nature of public broadcast stations. It upheld a ban on ads for goods and services on behalf of for-profit companies. “Public issue and political speech in particular is at the very core of the First Amendment’s protection,” Judge Carlos Bea wrote in the main opinion. “Public issue and political advertisements pose no threat of ‘commercialization’,” he continued. “Such advertisements do not encourage viewers to buy commercial goods and services. A ban on such advertising therefore cannot be narrowly tailored to serve the interest of preventing the ‘commercialization’ of broadcasting.” Read More

Editorials: No Election Assistance Commissioners? No problem. | The Washington Post

Wait, isn’t this an election year? The kind that will see voters stepping into booths and casting ballots, pulling levers and punching buttons? Bad timing then for the Election Assistance Commission to be completely leaderless. It’s the body that was created in the wake of the 2000 presidential election’s hanging-chad debacle and tasked with overseeing federal election standards. Not one of the body’s four commissioner seats is filled, and it looks like they’ll remain vacant for the foreseeable future. Adding to the leadership vacuum, the commission’s executive director left in November. Filling in has been general counsel Mark Robbins — although he has been nominated to another post and could leave the agency if confirmed. Read More

National: Ban on political ads on public TV struck down | Reuters

A divided U.S. appeals court struck down a federal ban on political advertising on public TV and radio stations, a decision that could open the public airwaves to a heavy dose of campaign ads leading up to the November elections. By a 2-1 vote, a panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the Federal Communications Commission violated the First Amendment's free speech clause by blocking public broadcasters from running political and public issue ads. The court said the ban was too broad, and that lifting it would not threaten to undermine the educational nature of public broadcast stations. It upheld a ban on ads for goods and services on behalf of for-profit companies. "Public issue and political speech in particular is at the very core of the First Amendment's protection," Judge Carlos Bea wrote in the main opinion. "Public issue and political advertisements pose no threat of ‘commercialization'," he continued. "Such advertisements do not encourage viewers to buy commercial goods and services. A ban on such advertising therefore cannot be narrowly tailored to serve the interest of preventing the 'commercialization' of broadcasting."

Editorials: No Election Assistance Commissioners? No problem. | The Washington Post

Wait, isn’t this an election year? The kind that will see voters stepping into booths and casting ballots, pulling levers and punching buttons? Bad timing then for the Election Assistance Commission to be completely leaderless. It’s the body that was created in the wake of the 2000 presidential election’s hanging-chad debacle and tasked with overseeing federal election standards. Not one of the body’s four commissioner seats is filled, and it looks like they’ll remain vacant for the foreseeable future. Adding to the leadership vacuum, the commission’s executive director left in November. Filling in has been general counsel Mark Robbins — although he has been nominated to another post and could leave the agency if confirmed.

Voting Blogs: Cost of Voter ID: What we know, and what we don’t | electionlineWeekly

Last year, electionline ran an article entitled, “Debate Over Photo ID at the Polls Shifts to Costs.” Since then, voter ID — the issue of how voters are identified at the polls — has only gotten hotter. Recently, Pennsylvania enacted photo ID legislation, Minnesota’s legislature put aconstitutional amendment about photo ID on the November ballot, and Virginiasent a bill to the governor, which he proposed changes to. See the National Conference of State Legislature’s Voter ID: State Requirements webpage or last week’s Electionline Weekly for the status of voter ID legislation around the country. This year, cost concerns seem to be buried beneath the partisan debate. And yet money always matters, so the question remains: how much does it cost to implement a photo voter ID requirement? No one knows for sure. There are before-the-fact estimates, and after-the-fact “actuals,” but none are cut and dried. The truth is that the cost of voter ID — like the cost of virtually everything election-related — is hard to estimate, or to measure.   For now, we can offer a look at legislative estimates and “boots on the ground” details from states that are in the process of implementing last year’s new photo ID laws, and perhaps explain why these numbers are so difficult to pin down.

Voting Blogs: I Have CONFIDENCE … in the Election System? | Election Academy

Very often, when you listen to election policy debates, you hear one (and usually both) sides invoking the value of "voter confidence". The term isn't very well-defined, but it is thought to capture a general sense of satisfaction with and acceptance of the election system. It also has a certain appeal; if democracy rests on the consent of the governed, confidence can be considered an important measure of the degree to which voters accept the results of elections and the frequent transfer of power between parties or individuals who otherwise fiercely disagree. Fortunately, voter confidence has been a popular subject of study by political scientists, who examine responses to public opinion surveys to divine how confident (or not) voters are about voting systems and procedures.

Voting Blogs: A Silver Bullet That Would End Secret Tax-Exempt Money in Elections | OurFuture.org

No doubt about it, large unlimited donations are flowing into SuperPACs from rich individuals and corporations aimed at influencing who is elected at all levels of government in 2012. With the SuperPACs and other forms of political committees regulated by the federal and state election agencies, or by the IRS under section 527, at least we know who the donors are. But when political campaign expenditures are made by various forms of nonprofit, tax-exempt organizations, such as 501(c)(4) social welfare groups (like Crossroads GPS) or 501(c)(6) business associations (like the US Chamber of Commerce), there is no general law requiring their donors to be identified. So secret money in the millions, once again, flows in. A number of Senators and members of the House of Representatives have proposed a new DISCLOSE 2012 Act to force public disclosure of secret donors in federal elections. A similar bill failed by one vote in 2010. If the new Act passes, will it solve the problem? It might help, but it wouldn’t be enough. In 29 pages, the Act is cumbersome at best.

Voting Blogs: The Return of CREEP | ProPublica

With 300-plus super PACs and counting, it would be easy to miss CREEP. But last Thursday, a new super PAC ingeniously named the Committee for the Re-Election of the President registered with the Federal Election Commission. The committee is based out of a post office box at the Watergate Complex—an homage, of course, to the other Committee for the Re-Election of the President, the fundraising committee for President Richard Nixon that became embroiled in the Watergate scandal. It’s an inside joke with a serious punchline. The old CREEP (which used the acronym CRP and at one point was called the Committee to Re-Elect the President) helped spur the creation of the FEC. The website for CREEP Super PAC says it’s committed “to raising voices not dollars” and advocates disclosure. “It’s an excellent chance for people to step back and say, ‘Are we happy with 40 years of campaign finance and the lack of disclosure?’” said Robert Lucas, 22, founder of the new CREEP and a graduate student in public policy at Georgetown University. “There’s a lot of irony, with the 40th anniversary of Watergate and where we are now.”

Alaska: Anchorage Assembly Votes Against Independent Council To Investigate Election | alaskapublic.org

The Anchorage Assembly has voted ‘no’ on appointing an independent council to investigate the Municipal Election and called a special work session to review the situation. The announcement comes a week after polling places ran out of ballots. Rhonda Matthews holds her right to vote dear. She’s voted in every election since she was 18, except when she was stationed overseas with the Air Force. She is one of the people who contact the ACLU of Alaska to report that she was not able to vote during the municipal election. “I don’t care what side of the politics you’re on, it has to do with the right to vote and I was denied that,” Matthews said. Matthews first went to her voting precinct at Klatt Elementary School just after 7 pm on April 3. That’s where she says she was turned away by an election worker in the parking lot who told her they’d run out of ballots and directed her to vote at the Alaska Club on O’malley.

Alaska: Anchorage Assembly Votes Against Independent Council To Investigate Election | alaskapublic.org

The Anchorage Assembly has voted ‘no’ on appointing an independent council to investigate the Municipal Election and called a special work session to review the situation. The announcement comes a week after polling places ran out of ballots. Rhonda Matthews holds her right to vote dear. She’s voted in every election since she was 18, except when she was stationed overseas with the Air Force. She is one of the people who contact the ACLU of Alaska to report that she was not able to vote during the municipal election. “I don’t care what side of the politics you’re on, it has to do with the right to vote and I was denied that,” Matthews said. Matthews first went to her voting precinct at Klatt Elementary School just after 7 pm on April 3. That’s where she says she was turned away by an election worker in the parking lot who told her they’d run out of ballots and directed her to vote at the Alaska Club on O’malley.

Colorado: Lawmakers battle over inactive voters | Aurora Sentinel

Senate Democrats moved to take down what they say is a roadblock that makes it more difficult for more than 100,000 voters to participate in the November elections, resurrecting a proposal Monday that House Republicans previously rejected. The legislative action would send mail-in ballots to so-called inactive voters who otherwise would have to cast ballots in person. And the implications are huge. About 37 percent of the affected voters are Democrats. Around 23 percent are Republicans. The remaining 40 percent are unaffiliated — a bloc both parties think they can use to pick up support. Democrats say they are pressing the issue to make voting easier, adding that the issue is more urgent with important state issues and the White House on the line. "I would think that we would want every possible soul who's eligible to vote, to be able to vote in that election," said Sen. Rollie Heath, the chair of the committee that brought back the plan.

Guam: Bordallo, party differ on election investigation | Pacific Daily News

Guam Delegate Madeleine Bordallo said she will consider a request that she ask federal authorities about the status of an election irregularities complaint. Bordallo yesterday released her statement after Democratic Majority Leader Rory Respicio announced that Bordallo responded "positively to the party's request for a congressional investigation." The Democratic Party complaint stems from former Gov. Carl Gutierrez's loss to Republican Gov. Eddie Calvo in the 2010 General Election. Respicio's statement described Bordallo as having committed to a congressional investigation "into the allegations of voter fraud and electioneering in the Guam Election Commission's own findings of illegalities and irregularities surrounding the 2010 election."

Illinois: Winnebago County to be reimbursed for oversize ballot costs | Rockford Register Star

Winnebago County will be reimbursed for the extra labor and material costs during the March primaries as election judges and employees scrambled to reprint more than 8,500 oversized ballots. Clerk Margie Mullins met Tuesday with Larry Mandel, president of GBS, the Lisle company that supplied the ballots, which were one-sixteenth of an inch too large to fit through counting machines. GBS agreed to replenish the stockpiled inventory the county had to use on Election Day to print new ballots, credit the county’s next printing bill and pay a small cash sum to compensate people who worked well into the night of the election and the following day reprinting the ballots, Mullins said. Mullins couldn’t say Wednesday the exact expense in labor and supplies the county incurred because of the error, but said she is pleased her office will be compensated. Mandel “told me that they just want to get everybody involved in this taken care of to the best of their ability and close the book on this and go forward from here,” Mullins said.

Oklahoma: No ruling yet in recount in Tulsa House race | NewsOK.com

A Tulsa judge is expected to issue a ruling early next week after meeting Thursday with attorneys and candidates in an Oklahoma House of Representatives race being decide by a handful of votes. Initial results in an April 3 special election for the District 71 seat determined Democrat Dan Arthrell defeated Republican Katie Henke by three votes. A Wednesday recount requested by Henke found she won by one vote. But after the Tulsa County Election Board certified Henke as the winner, two more ballots cast for Arthrell were found under a ballot box.

Oklahoma: Stray ballots found after Republican certified winner in Oklahoma House District 71 | Tulsa World

Tulsa County election officials certified a new winner in the razor-thin House District 71 election Wednesday - only to discover two more ballots that apparently had remained unsecured in election equipment for days and which would reverse the results again if counted. The whole mess will be taken to court on Thursday morning for Tulsa County District Judge Daman Cantrell to figure out. The day started with Democrat Dan Arthrell ahead by three votes in the April 3 election. At the request of Republican candidate Katie Henke, Cantrell ordered a recount Wednesday, which resulted in Arthrell losing four votes and Henke being certified as the winner by one vote. But several hours later, acting at the urging of Arthrell's supporters, election officials reinspected election equipment and found two more ballots from the election - both for Arthrell, enough to swing the returns in the other direction.

Oklahoma: New ballots found after recount in Oklahoma House race | RealClearPolitics

The results of a recount that changed the outcome of an Oklahoma House race by one vote have been thrown into question after Tulsa County Election Board officials reported finding two more ballots for the losing candidate Wednesday night. Earlier in the day, county Election Board officials recounted ballots by hand that were cast in the House District 71 special election initially won April 3 by Democrat Dan Arthrell 1,418-1,415 over Republican Katie Henke. The recount determined that Henke received 1,415 votes during the election, while Arthrell collected 1,414 votes, Tulsa County Election Board Secretary Patty Bryant said. With four fewer votes, Arthrell ended up losing the race by one vote, and the recount result was certified by the board. "It was eating on us, and we were thinking `There's got to be a reason for this,' " Bryant said. Two technicians who work for the board looked through 15 precinct ballot boxes and found two ballots in one of them, Bryant said. "We immediately contacted the state Election Board and Secretary Paul Ziriax and the assistant district attorney that helps the Election Board with our counsel," Bryant said.

Pennsylvania: Luzerne County Elections Director Piazza fired 2 weeks before primary | Citizens Voice

With less than two weeks to go before the April 24 primary, Luzerne County fired Director of Elections Leonard Piazza. Piazza disclosed his termination on his Facebook webpage before 9:30 a.m. Wednesday, and county Solicitor Vito DeLuca confirmed a letter was delivered to Piazza at his home informing him of his termination. County Manager Robert Lawton suspended Piazza with pay after a disciplinary hearing April 5. Lawton and DeLuca have not provided a reason for the termination, claiming the decision is a private personnel matter. But the decision appears to be connected to Piazza's attempt to audit the campaign finances of county Controller Walter L. Griffith Jr., who in December started reviewing Piazza's attendance records as part of a payroll audit of 378 county employees.

Rhode Island: Presidential election reform reintroduced in Rhode Island | The Brown Daily Herald

The National Popular Vote Bill — a product of the national movement aiming to reform the presidential election process by modifying the Electoral College — has returned to the forefront of state politics. The legislation was introduced in the state House of Representatives in February, marking the fifth time the bill will be heard in the Rhode Island General Assembly. Representatives will vote May 1 on the measure, which currently has 45 sponsors in the House. Under the bill’s provisions, the candidate who receives the most votes nationally will be elected president. This system stands in contrast to the current method of the Electoral College, in which 48 of 50 states follow a “winner-take-all” method, meaning that the candidate who receives the highest percentage of votes in the state could be awarded all of the state’s electors. Nebraska and Maine are the current outliers in this system — they appropriate their electoral votes in proportion to voter opinion. Currently, the candidate who receives the majority of electoral votes across the nation is named president.

Texas: Justice Department Blasts Voter ID Law | NPR

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.

Editorials: McDonnell’s wise move on Virginia’s voter ID bill | The Washington Post

Virginia Governor Robert F. McDonnell has moved to gut an obnoxious bill, championed by Republican lawmakers, that would have needlessly stiffened voting requirements for Virginians. The governor’s level-headed move has annoyed his fellow Republicans, but it has also reaffirmed his reputation as a conservative who has governed mainly as a pragmatist — a reputation that propels him to the short list of Mitt Romney’s putative running mates. Although he didn’t veto the bill, Mr. McDonnell offered a series of amendments whose effect will be to render the legislation all but moot. That’s a good thing, because the voter ID bill is a gratuitously divisive measure whose only effect would have been to invalidate ballots cast by thousands of poor, young, elderly and minority voters. Under a state law that has worked well for decades, Virginia voters who lack identification may cast ballots anyway, providing they sign an affidavit attesting to their identity. Falsifying the affidavit is a felony under state law.

Washington: Tab for Inslee special election up in air | HeraldNet.com

State election officials learned Wednesday they won't be getting an extra $1 million to cover the costs of a special election to replace U.S. Rep. Jay Inslee. Lawmakers did not include any money in the state budget they passed Wednesday before adjourning and heading home. House and Senate budget writers of both parties discussed adding a proviso into the budget to cover some or all of the estimated expenses but couldn't reach agreement, said Sen. Ed Murray, D-Seattle, chairman of the Senate Ways and Means Committee. "It was a last-minute thing. It was the last day," Murray said. "It was a large number and there was no time to scrub it."

Wisconsin: Attorney files complaint against fake Democrats | JSOnline

An attorney filed a complaint Thursday with state election officials to kick six fake Democrats off the ballot in the upcoming recall elections.  Six Republicans posing as Democrats filed paperwork to run in the recall elections against Gov. Scott Walker and five other GOP officials. The effort was concocted to ensure all general elections are on the same day, June 5. If they had not executed their plan or one like it, some of the general elections would have occurred on May 8, when the primary will be held to determine which Democrat runs against Walker. But the plan violates state election law, said the filing from Milwaukee attorney Jeremy Levinson. He asked the state Government Accountability Board to boot the six from the ballot. The board is to meet on the matter on Tuesday. "The respondents falsified information on these documents, asserting  that the six phony primary candidates were 'affiliated' with and 'represent'  the Democratic Party," the filing said.

Wisconsin: Marathon Campaign Season Takes Toll | TPM

Think you’re tired of campaign season? Try Wisconsin. The Badger State — which in the last year has been through the upheaval of heavy protest followed by state Senate recall elections - is headed for four major elections over the next seven months: a May Democratic primary for the recall election of Republican Gov. Scott Walker, the recall election itself in June that includes both Gov. Walker and targeted state senate seats, a contested Republican primary for US Senate in August, and the general election in November. Each race will effect the next — control of state government hangs in the balance during the recall elections, and the results could drastically effect the momentum and enthusiasm of activists on both sides of the political divide going into the fall.

Egypt: Parliament votes to sideline Mubarak figures | The Associated Press

Egypt's parliament has passed a bill that strips senior figures of ousted President Hosni Mubarak's regime of their political rights for 10 years. Thursday's vote is designed to stop Mubarak's former spy chief and vice president, Omar Suleiman, from running in next month's presidential election. The law would only come into effect if the military council that took over from Mubarak when he stepped down last year ratifies it. This is unlikely to happen before the election commission issues a final list of presidential candidates, which is expected later this month. Decisions of the election commission cannot be appealed. The law covers those who served in top posts, from the president down to leaders of his ruling party, during the 10 years prior to Mubarak's ouster.

Guinea-Bissau: Military unrest mars hopes for Guinea-Bissau election | latimes.com

In Guinea-Bissau, soldiers reportedly sealed off the parts of the capital on Thursday and ringed the home of the prime minister, lobbing grenades. The unrest comes weeks before an election once seen as a chance for one of the most troubled states in West Africa to overcome its tumultuous past. “I am prevented from leaving,” an unnamed diplomat told the Associated Press on Thursday from his office in Bissau. “The downtown area has been sealed off by the military … I can also tell you that all Guinea-Bissau radio has been taken off the air since 8 p.m. local time and the whereabouts of the prime minister and interim president are unknown.” The impoverished country has a history pocked with military coups and revolts since it won its independence from Portugal. Its first president was overthrown by his army chief, who in turn was ousted after he dismissed his own army chief, starting a civil war. Two more coups followed. Guinea-Bissau has been readying for a runoff election between the prime minister and a former president later this month, trying to replace its late leader Malam Bacai Sanha.

Guinea-Bissau: Military unrest mars hopes for Guinea-Bissau election | latimes.com

In Guinea-Bissau, soldiers reportedly sealed off the parts of the capital on Thursday and ringed the home of the prime minister, lobbing grenades. The unrest comes weeks before an election once seen as a chance for one of the most troubled states in West Africa to overcome its tumultuous past. “I am prevented from leaving,” an unnamed diplomat told the Associated Press on Thursday from his office in Bissau. “The downtown area has been sealed off by the military … I can also tell you that all Guinea-Bissau radio has been taken off the air since 8 p.m. local time and the whereabouts of the prime minister and interim president are unknown.” The impoverished country has a history pocked with military coups and revolts since it won its independence from Portugal. Its first president was overthrown by his army chief, who in turn was ousted after he dismissed his own army chief, starting a civil war. Two more coups followed. Guinea-Bissau has been readying for a runoff election between the prime minister and a former president later this month, trying to replace its late leader Malam Bacai Sanha.