The Voting News Daily: FEC Disclosure Loophole Closes On Secret Donors As Court Won’t Stay Ruling, Ninth Circuit Rejects Effort to Apply HAVA to Local Recount
A court rulingrequiring non-disclosing political groups — including the U.S. Chamber of Commerce and the Koch brothers’ Americans for Prosperity — to disclose their donors is one step closer to going into effect after a district court refused to stay its ruling in the face of an appeal. On March 30, a district court ruled in Van Hollen v. Federal Election Commission (FEC) that a loophole in FEC rules that allowed certain independent group campaign efforts to keep private the names of donors was invalid and needed to be rewritten or reset to the original language. On Friday, the court not only refused to stay the ruling, as requested by two intervening groups that are appealing the case, the Center for Individual Freedom and the Hispanic Leadership Fund, but the court also found that its ruling invalidated the FEC loophole, which required it to be immediately closed, resetting to the original language in the McCain-Feingold campaign reform law, known officially as the Bi-Partisan Campaign Reform Act (BCRA). Read More
National: Ninth Circuit Rejects Effort to Apply Help America Vote Act to Local Recount | metnews.com
Federal law does not require states and localities to use a particular method of recounting ballots in elections for non-federal offices, the Ninth U.S. Circuit Court of Appeals ruled yesterday. The court affirmed a district judge’s ruling dismissing a suit by Martin Crowley against the state of Nevada and the Churchill County clerk. Crowley sought declaratory relief and damages after a recount of a 2006 election for justice of the peace, which he lost by 26 votes, failed to change the results. Crowley brought suit under 42 U.S.C. Sec. 1983 and Sec. 301 of the Help America Vote Act of 2002. HAVA was enacted in response to problems in Florida and elsewhere during the 2002 elections, and established standards for the conduct of federal elections and authorized payments to state and local governments to replace antiquated voting systems. Read More

