New Hampshire: Voter ID bill resisted by town, city clerks | NashuaTelegraph.com

Oops. There’s another glitch in the voter ID bill that’s headed to the desk of Gov. John Lynch. The compromise bill enjoys strong Republican support in the House of Representatives and the Senate. But this was predicated on the measure not facing opposition from the city and town clerks across the state or Secretary of State Bill Gardner. That’s where the hang-up comes in. At the 11th hour, the legislation was changed by House and Senate negotiators. The key language deals with what happens at the general election this November if you don’t have an ID. The compromise requires that you have to sign an affidavit under penalty of perjury that attests you are who you say you are and that you’re eligible to vote at the polling place. The clerks had wanted the affidavit to be the one the Senate had proposed for challenged voters.

New York: Proposed election law could simplify voter registration | Queens Chronicle

State Sen. Mike Gianaris (D-Astoria), Assemblyman Brian Kavanagh (D-Manhattan) and the Brennan Center for Justice at NYU School of Law introduced the Voter Empowerment Act of New York bill on June 7. The bill will automatically register eligible consenting citizens at designated government agencies; permit pre-registration of 16- and 17-year-olds; automatically transfer registrations of New Yorkers who move within the state; provide access to voter registration records and registration of eligible citizens online and allow people to register or change their party later in the election cycle.

Pennsylvania: Western Pennsylvania Democrats to challenge voter ID law | The York Daily Record

Democrats on Allegheny County's elections board have announced that they plan to challenge Pennsylvania's GOP-backed voter identification law. County Executive Rich Fitzgerald said Friday that the legal action to be taken next week will argue that the law is too expensive and difficult to implement in time for the November election. The American Civil Liberties Union of Pennsylvania and others have already challenged the law on constitutional grounds, arguing that it makes it harder for some citizens to vote, especially the elderly and minorities. Backers say the law, similar to measures recently passed in other states, will reduce existing and potential voter fraud.

Pennsylvania: Lawsuit planned over Pennsylvania’s voter ID law | Pittsburgh Post-Gazette

Democrats on Allegheny County's election board plan to challenge the state's new voter ID law as being too expensive and too difficult to implement in time for the November presidential election. That claim will be at the heart of a lawsuit the election board is expected to bring next week, county Executive Rich Fitzgerald said at a news conference Friday. Rather than challenging the constitutionality of the law itself, as the American Civil Liberties Union and others are doing, local officials say the new law is too complicated and expensive to put in place by Nov. 6. Mr. Fitzgerald is one of three members of the election board. The new law requires voters to show government-approved photo identification before they can cast ballots. Mr. Fitzgerald said it would be prohibitive for the county to train the more than 6,500 poll workers who man the county's 1,300 polling places. He said there would not be enough time to train them in new procedures required to check identifications and allow voters to use provisional ballots if they don't have proper ID.

South Carolina: Election Commission certifies Bromell Tinubu as 7th District Dem winner; no runoff ordered | The Republic

Election officials opted Friday not to order a runoff between the top two vote-getters in the Democratic race for South Carolina's new 7th congressional district, although all sides acknowledged the issue would next play out in court. After 90 minutes of executive session but with no public debate, the state Election Commission voted to certify Coastal Carolina University professor Gloria Bromell Tinubu's victory in Tuesday's primary over Myrtle Beach attorney Preston Brittain. At issue was whether the commission would count the votes of state Rep. Ted Vick, who withdrew May 25 following an arrest for drunken driving, but remained on the ballot. Without Vick's more than 2,300 votes, Bromell Tinubu won the four-way race outright, with 52 percent of the vote to Brittain's 39 percent. But five names were on the ballot. Both the state Democratic Party and Brittain's campaign had argued none of the five received a majority, thus necessitating a runoff or otherwise disenfranchising voters. The commission voted 3-2 not to count Vick's votes.

Canada: Nova Scotia town approves online voting bylaw | The Vanguard

The Municipality of Argyle has voted to approve a bylaw that paves the way for electronic and telephone voting in this October’s municipal elections. The municipality held a public hearing on the bylaw prior to its June 12 meeting, although the hearing didn’t attract any members of the public. In the upcoming fall vote there will be no paper ballots in the Municipality of Argyle, but there will still be some polling stations. The Town of Yarmouth, which is also going strictly with electronic (computer) and telephone voting, also won’t have paper ballots in this fall’s vote. The town will have one polling station set up at the town hall with computers and telephones, and at which people can get assistance, if required, to vote.

Egypt: Islamist Declares Presidential Win, Rival Disputes | VoA News

Egyptian Islamist Mohammed Morsi has declared victory in the country's first post-uprising presidential election, but his establishment-backed rival Ahmed Shafiq disputed the claim as Egypt's military rulers expanded their powers over the next president. Mr. Morsi's Muslim Brotherhood movement said unofficial results show he won about 52 percent of the vote in the two day run-off election that ended Sunday, compared to 48 percent for Mr. Shafiq, the last prime minister to serve under ousted president Hosni Mubarak. The Brotherhood based its victory claim on results tallied by Brotherhood representatives at almost all of the country's the polling stations. In a speech at his campaign headquarters Sunday, Mr. Morsi said he will serve as a leader of all Egyptians, both Muslims and Christians, and promised not to “seek revenge or settle accounts” with opponents of the Islamist group. “We are seeking stability, love and brotherhood for an Egyptian state that is civil, national, democratic, constitutional and modern. We all are looking forward to love each other.”

Egypt: Islamists claim presidency | Reuters

Egypt's Muslim Brotherhood claimed on Monday that its candidate had won the country's first free presidential election, defeating Hosni Mubarak's last prime minister and ending 60 years of rule by presidents drawn from the armed forces. An election committee source told Reuters that Islamist Mohamed Morsy, a U.S.-educated engineer, was comfortably ahead of former air force general Ahmed Shafik with most of the votes tallied, but that the count had yet to be officially finalized. However, new head of state is likely to remain subordinate to the military for some time at least. In yet another twist in Egypt's tortuous path from revolution to democracy, the ruling military council issued a decree as voting ended on Sunday that set strict limits on the president's powers. On the eve of the election, it had already dissolved the Islamist-led parliament. Liberal and Islamist opponents denounced a "military coup".

Egypt: Presidential election overshadowed by further army power grab and voter fraud claims | Telegraph

Few analysts were willing to predict the outcome of the battle between the Muslim Brotherhood's Mohammed Morsi and Ahmed Shafiq, a former general and aide to ex-President Hosni Mubarak, despite the Islamist movement's long domination of the Egyptian street. The Brotherhood said opinion polls showed their man would win a free vote comfortably. But they also claimed that "fake voters" were appearing on polling station lists – dead people and members of the security forces, who in Egypt are supposed to remain neutral and are disqualified.

Greece: New Democracy Party Scores Narrow Win in Elections | TIME.com

Has the euro zone found some breathing room in its crisis? The conservative New Democracy (ND) party eked out a victory in Greece’s parliamentary elections on Sunday, edging out the leftist Syriza party, which is strongly opposed to the austerity measures imposed as part of the country’s bailout. The margin was less than 3 points. The victory, however, still leaves Greece without a government. ND failed to win an outright parliamentary majority and must join forces with at least one party to govern. The scenario is similar to the results of an earlier round of voting. ND also came in first in May 6 elections, again with Syriza running a close second, but failed to form a government then. Forming a government quickly is crucial because Greece could run out of cash to pay its bills as early as next month. It’s unclear which party might join ND in coalition. Greek media are speculating that the conservatives might join force with their traditional rival, the Socialist PASOK party, which came in a distant third on Sunday. Whether the results fully reflect the popular will is another question: nearly 38% of eligible voters abstained from voting — a much higher percentage than any party received.

Greece: Voters give Europe and single currency a chance | The Guardian

European leaders working to avert a meltdown of the single currency gained some respite when Greek voters handed a narrow victory to mainstream conservatives and the chance to forge a pro-euro and pro-bailout coalition. In the single most closely watched election in years, which amounted to a referendum on whether Greece would become the first country to be forced out of the single currency, the anti-austerity radical Alexis Tsipras was also given a boost, increasing his share of the vote to more than 27%. On a momentous night in European politics, Greece's conservative New Democracy, under Antonis Samaras, appeared to have pulled the country back from the brink of what many feared would be a national catastrophe and averted a much deeper immediate crisis in Europe.

The Voting News Weekly: The Voting News Weekly June 11-17 2012

Elections are taking place this weekend in Greece and Egypt that will have significant international impact. Supreme Court Justice Kennedy issued a temporary delay of a Ninth Circuit Court ruling that had suspended an Arizona law requiring proof of citizenship for registering to vote. In dueling litigation related to Governor Scott's aborted purge of the State's voter rolls, the Justice Department sued Florida while Florida sued the Department of Homeland Security. With the control of the State Senate at stake, GOP Senator Van Wanggaard has requested a recount of his recall election defeat. The Supreme Court considered whether to take up a case that would challenge their 2010 Citizens United decision and, in a rare unanimous vote, the Federal Election Commission ruled that campaigns could receive text message donations.

Greece: In Greece, Fears That Voting Won’t Resolve Turmoil | NYTimes.com

Greeks head to the polls on Sunday for the second time in two months with a pervasive sense of dread that any government that comes to power will fail to resolve the political and economic turmoil that threatens the country’s future — and the financial stability of Europe itself. If the establishment center-right party New Democracy ekes out a victory in a race that polls show as tight, Greece still faces weeks or months of negotiations with European lenders over the terms of its austerity program, which all parties agree are too onerous to enforce on its rapidly shrinking economy. A victory by the leftist party Syriza promises a more serious confrontation, especially with Germany, over how — and perhaps whether — to keep Greece in the euro zone.

Greece: Countdown to crucial election in Greece | euronews

With polls due to open in less than 24 hours, leftwing Syriza and the conservative New Democracy party are level-pegging in the race to win the election in Greece. The vote is being seen as a crucial indicator for the country’s future within the eurozone. Syriza leader Alexis Tsipras is the most likely candidate for the next prime minister of Greece. Although his party does not want to abandon the single-currency, it does reject the harsh austerity that comes with accepting the 130 billion euro bailout the country desperately needs.

Egypt: Sans Parliament, Egypt Picks a President | The Daily Beast

Egyptians are choosing their president this weekend in a runoff election that pits a military stalwart and standard bearer for the old regime, Ahmed Shafik, against the leader of an increasingly assertive Islamic movement, Mohammed Morsi. The good news, 16 months after Egyptians ousted Hosni Mubarak in a two-and-a-half-week uprising, is that the choice is stark. Shafik, an ex Air Force chief, makes no secret of the fact that he admires Mubarak and wants to restore the secular, quasi-military state that the ex-dictator ran for nearly 30 years, albeit with an electoral frame. Morsi is more complicated. A leader of the long-outlawed Muslim Brotherhood, he’s promised to bring more religion and more democracy to Egyptian public life, without necessarily explaining how the two will coexist.

The Voting News Daily: Indianapolis Meeting Compares Voting Machine Standards, Fannie Lou Who? Why Voting Rights Still Matter

National: Indianapolis Meeting Compares Voting Machine Standards | Indiana Public Media

State election officials from more than a dozen states are in Indianapolis to compare notes on voting machines. The controversy over “hanging chads” in the Florida presidential vote prompted Congress in 2002 to order the states to make the transition to optical-scan and touch-screen voting machines. But Indiana Secretary of State Connie Lawson insists Indiana is one of the few states with the technical expertise to assess whether competing models meet state standards. Still, Hoosier officials will hear presentations from many states in an effort to determine best practices, Lawson says. Read More

Blogs: Fannie Lou Who? Why Voting Rights Still Matter | Colorlines

I’m poring over notes created the last few weeks on my laptop, in my notebook, and on scraps of paper, in order to explain why this blog exists. In short, Voting Rights 2012 is a collaborative effort between Colorlines.com and The Nation, to report on voter suppression. But that doesn’t explain why this blog exists. Brentin Mock will be writing the bigger picture story, looking at broader national trends from voter ID to voter suppression. Meanwhile, I’ll be augmenting with more of the day-to-day developments, as well working with community journalists, who will be our eyes and ears, since our little team can’t be everywhere at once. Now that I have it down in a short paragraph, it sounds simple enough. But it hardly begins to answer why we’re really here, or why anyone should want to follow our work. Many readers of The Nation, who follow electoral trends and possess a tendency towards protecting voting rights, might wonder why their coveted magazine (and, increasingly, their online go-to site for political analysis) felt the need to pair up with a site that focuses on racial justice. Meanwhile, some Colorlines.com readers, who may be disenchanted with politics four years after a historic election that resulted in fewer gains for people of color than many hoped for, might wonder why their favorite daily news site is concerned with voting rights—an issue that seemingly only affirms the establishment (as a dear friend recently posted on Facebook, “the republicrats will win no matter what.”) And then, there’s Brentin and I, pressed to write for two intelligent yet not always overlapping audiences, and convince both that what we’re reporting is relevant. Read More

Arizona: State allowed to keep law that demands proof of citizenship for voter registration | East Valley Tribune

Arizona can continue to demand proof of citizenship before registering voters, at least for the time being.
In a brief order Thursday, U.S. Supreme Court Justice Anthony Kennedy blocked a ruling against the state from taking effect as scheduled Friday. Instead, he directed those who successfully challenged the requirement to file legal papers by the end of the day Monday explaining why the April decision by the 9th Circuit Court of Appeals should be upheld. It does not mean the high court intends to overturn the ruling — or even from preventing it from taking effect while the state seeks review.

National: Indianapolis Meeting Compares Voting Machine Standards | Indiana Public Media

State election officials from more than a dozen states are in Indianapolis to compare notes on voting machines. The controversy over “hanging chads” in the Florida presidential vote prompted Congress in 2002 to order the states to make the transition to optical-scan and touch-screen voting machines. But Indiana Secretary of State Connie Lawson insists Indiana is one of the few states with the technical expertise to assess whether competing models meet state standards. Still, Hoosier officials will hear presentations from many states in an effort to determine best practices, Lawson says.

Editorials: Fannie Lou Who? Why Voting Rights Still Matter | Colorlines

I’m poring over notes created the last few weeks on my laptop, in my notebook, and on scraps of paper, in order to explain why this blog exists. In short, Voting Rights 2012 is a collaborative effort between Colorlines.com and The Nation, to report on voter suppression. But that doesn’t explain why this blog exists. Brentin Mock will be writing the bigger picture story, looking at broader national trends from voter ID to voter suppression. Meanwhile, I’ll be augmenting with more of the day-to-day developments, as well working with community journalists, who will be our eyes and ears, since our little team can’t be everywhere at once. Now that I have it down in a short paragraph, it sounds simple enough. But it hardly begins to answer why we’re really here, or why anyone should want to follow our work. Many readers of The Nation, who follow electoral trends and possess a tendency towards protecting voting rights, might wonder why their coveted magazine (and, increasingly, their online go-to site for political analysis) felt the need to pair up with a site that focuses on racial justice. Meanwhile, some Colorlines.com readers, who may be disenchanted with politics four years after a historic election that resulted in fewer gains for people of color than many hoped for, might wonder why their favorite daily news site is concerned with voting rights—an issue that seemingly only affirms the establishment (as a dear friend recently posted on Facebook, “the republicrats will win no matter what.”) And then, there’s Brentin and I, pressed to write for two intelligent yet not always overlapping audiences, and convince both that what we’re reporting is relevant.

Arizona: State allowed to keep law that demands proof of citizenship for voter registration | East Valley Tribune

Arizona can continue to demand proof of citizenship before registering voters, at least for the time being.
In a brief order Thursday, U.S. Supreme Court Justice Anthony Kennedy blocked a ruling against the state from taking effect as scheduled Friday. Instead, he directed those who successfully challenged the requirement to file legal papers by the end of the day Monday explaining why the April decision by the 9th Circuit Court of Appeals should be upheld. It does not mean the high court intends to overturn the ruling — or even from preventing it from taking effect while the state seeks review. But it does mean that at least one justice thinks the issue is significant enough to require an immediate look by him and his colleagues.

Connecticut: Common Cause slams Malloy veto of campaign finance bill | The Connecticut Mirror

Gov. Dannel P. Malloy vetoed a controversial campaign finance disclosure bill Friday, saying it would have a "chilling effect on issue advocacy." The veto provoked disappointment by legislative leaders and a stinging denunciation of Malloy's commitment to reform by Common Cause. The bill pitted Common Cause and other campaign reform advocates against the ACLU, newspapers and business groups, which argued that the legislation was poorly written and overly intrusive. The goal was to provide greater disclsoure about independent expenditures. Secretary of the State Denise Merrill opposed elements of the bill that essentially would have allowed voting by fax or email. "This is not Gov. Malloy against the world," said Roy Occhiogrosso, the governor's senior adviser, defending the veto and responding to Common Cause. "There is a coalition, an interesting coalition...they have identified any number of problems with this bill."

Minnesota: Voter ID fight escalates as Ritchie bows out of case | StarTribune.com

Secretary of State Mark Ritchie, a DFLer who has campaigned against the photo ID requirement for voting passed by the Republican-controlled Legislature, said Thursday he will not defend the language of the proposed constitutional amendment in a court challenge that names him as the defendant. Ritchie's decision, announced in a letter to Supreme Court Chief Justice Lorie Gildea, followed a vote by Republican legislative leaders earlier in the day to hire their own attorney to fight a lawsuit that seeks to derail the amendment before it reaches voters in November. The day's rapid-fire events escalated what has become a high-stakes summertime preliminary to the full-fledged political campaign over the photo ID plan and related election law changes.

Minnesota: Legislature can intervene in Voter ID lawsuit; Ritchie says he won’t defend proposal | TwinCities.com

The Minnesota Supreme Court on Friday, June 15, agreed to let lawyers for the Legislature intervene in a lawsuit challenging voter ID, one day after Secretary of State Mark Ritchie said he would not defend the proposed amendment's language. The lawsuit seeks to keep off the November ballot a proposed Minnesota constitutional amendment that would require voters have photo IDs. The state Supreme Court is scheduled to hear the case July 17 and is expected to issue a decision relatively soon to ensure ballots are ready by Nov. 6. As Minnesota's secretary of state, Ritchie is named in the lawsuit. On Thursday, Ritchie wrote Supreme Court Chief Justice Lorie Gildea that he has a "ministerial duty to ensure that the ballots are properly printed, not to take a side as to whether a ballot question proposed by the Legislature accurately or completely represents a Constitutional amendment under consideration. I therefore will not be filing a brief in this matter. I look forward to honoring and following the Court's decision in the preparation of the ballots."

South Carolina: Election commission: No Democratic runoff in 7th District | The Associated Press

Election officials opted Friday not to order a runoff between the top two vote-getters in the Democratic race for South Carolina's new 7th congressional district, although all sides acknowledged the issue would next play out in court. After 90 minutes of executive session but with no public debate, the state Election Commission voted to certify Coastal Carolina University professor Gloria Bromell Tinubu's victory in Tuesday's primary over Myrtle Beach attorney Preston Brittain. At issue was whether the commission would count the votes of state Rep. Ted Vick, who withdrew May 25 following an arrest for drunken driving, but remained on the ballot. Without Vick's more than 2,300 votes, Bromell Tinubu won the four-way race outright, with 52 percent of the vote to Brittain's 39 percent. But five names were on the ballot. Both the state Democratic Party and Brittain's campaign had argued none of the five received a majority, thus necessitating a runoff or otherwise disenfranchising voters. The commission voted 3-2 not to count Vick's votes.

Cyprus: Cyprus weighs its post-Greek election bailout options | Business Spectator

Cyprus faces the choice of asking for a bailout from its European partners in the euro or from Russia, and will decide where to turn after this weekend's crucial elections in Greece, officials say. Government spokesman Stefanos Stefanou wouldn't name the country where a possible loan could come from. But an official, speaking on condition of anonymity because of the sensitivity of the matter, identified it as Russia. Mr Stefanou said Cyprus is looking at both options in order to have "flexibility to deal with the issue". "We have these options in front of us, we're looking in the direction of a bilateral loan as well as toward the European Union support mechanism," he told AP.

France: Affairs of politics and heart mark French election | Washington Examiner

Back-room deals, black lists and bitter duels. Political and personal intrigue has wormed its way into Sunday's final round of French legislative elections. President Francois Hollande's Socialist Party is battling to assure a solid majority and fulfill his vows to boost growth in Europe and redefine the presidency as one beholden to the people. Barring surprises, the Socialists and their allies should win enough seats to control the crucial 577-seat lower house of parliament, after a strong showing in the first round a week ago. To get there, the party is trying to fend off conservatives who dominated parliament under former President Nicolas Sarkozy. They're also trying to shame those in the mainstream right who are cutting vote-getting deals with the extreme right, anti-immigrant National Front, which is conniving for its first real presence in parliament in more than a quarter century. "The right no longer knows where it lives. It no longer knows what it is," said Economy Minister Pierre Moscovici this week on France 2 TV. "It's lost its markers, its identity, its values."

Montenegro: President hints at early vote, EU talks loom | TrustLaw

Montenegro's president said on Thursday his party might seek an early parliamentary election this year rather than next if the European Union, as expected, launches membership talks with the Adriatic state in June. The ex-Yugoslav republic of 680,000 people is due to hold parliamentary polls around March 2013, but President Filip Vujanovic suggested the government could seek a fresh mandate from voters in autumn this year if the EU opens talks. Vujanovic, a senior member of the ruling Democratic Party of Socialists, said other countries bidding to join the EU had also sought a clean slate before tackling the demanding process of negotiation, which in Montenegro's case will include dealing with the country's deep-rooted organised crime and corruption.

Ukraine: Yanukovych invites OSCE observers to monitor parliamentary elections | Ukrinform

President Viktor Yanukovych has invited observers from the Organization for Security and Co-operation in Europe (OSCE) to monitor Ukraine's parliamentary elections on October 28, 2012, the president's press office said in a statement. "Reaffirming my particular interest in holding fair and transparent elections to the Verkhovna Rada of Ukraine in full compliance with the high international standards, I am addressing you with a request to send the official observation missions to Ukraine," reads a letter of President Viktor Yanukovych's to the Heads of State and Government of OSCE participating states.

South Carolina: South Carolina Election Commission to consider 7th District runoff | The Post and Courier

Election officials were set Friday to consider a runoff between the top two vote-getters in the Democratic race for South Carolina’s new 7th congressional district. Members of the state’s Election Commission are mulling if they will order the face-off between Coastal Carolina professor Gloria Bromell Tinubu and attorney Preston Brittain, who finished first and second, respectively, in Tuesday’s primary. At issue is whether to count the votes of state Rep. Ted Vick, who withdrew May 25 following an arrest for drunken driving, but remained on the ballot. Without Vick’s more than 2,300 votes, Bromell Tinubu won the four-way race outright, with 52 percent of the vote to Brittain’s 39 percent. But five names were on the ballot. Both the Democratic Party and Brittain’s campaign argue none of the five received a majority, so a runoff is necessary; otherwise, voters are being disenfranchised, they argue.

The Voting News Daily: The Missing Right To Vote, How Citizens United Undermines Our Elections and the Supreme Court

Editorials: The Missing Right To Vote – What we’d get from amending the Constitution to guarantee it | Heather Gerken/Slate

The Constitution does not guarantee Americans the right to vote. That always comes as a surprise to non-lawyers. But you will search the Constitution in vain for any such guarantee, as the Supreme Court cheerily reminded us in Bush v. Gore. What the Constitution contains is a series of “thou shalt nots.” Thou shalt not deny the right to vote on account of race or sex. Thou shalt not impose poll taxes. Thou shalt not prevent 18-year-olds from voting. It is difficult to develop a robust case law when you only know what you can’t do. Some think that a constitutional amendment guaranteeing the right to vote would instantly produce any number of progressive goodies, like universal registration or a healthy campaign finance system or the end of partisan gerrymandering. Don’t believe it. If an amendment enshrining the right to vote looks anything like its cognates in the Bill of Rights, it will be thinly described, maddeningly vague, and pushed forward by self-interested politicians who benefit from the current system. It’s unlikely to be enough to persuade judges to mandate large-scale reform. Judges are conservative creatures (at least in the Burkean sense). They are typically loath to upend a system based on a vague textual guarantee. And a vague textual guarantee is as good as it’s likely to get. As Larry Tribe’s post makes clear, it is a challenge to draft an amendment just to overturn a single case, let alone to detail what a right to vote should involve. Even if we were to add as broad-gauged a right as I suggest below, the courts will inevitably create reasonable exceptions and interpretations, just as it has done for the First Amendment. Read More

Editorials: The Money Crisis – How Citizens United Undermines Our Elections and the Supreme Court | Russ Feingold/Stanford Law Review

As we draw closer to the November election, it becomes clearer that this year’s contest, thanks to the Supreme Court’s 2010 Citizens United decision, will be financially dominated by big money, including, whether directly or indirectly, big money from the treasuries of corporations of all kinds. Without a significant change in how our campaign finance system regulates the influence of corporations, the American election process, and even the Supreme Court itself, face a more durable, long-term crisis of legitimacy. For years, our political process was governed by an underlying principle: large organizations, primarily corporations, were not allowed to buy their way into elections. For 100 years, our laws reflected this principle. First, Congress passed the Tillman Act in 1907, which prohibited corporations from using their treasuries to influence federal elections.[1]Signed by President Theodore Roosevelt, the legislation recognized what had become abundantly clear: corporate influence corrupts elections. Later, under the Taft-Hartley Act of 1947, Congress extended the same prohibition to labor unions.[2] For generations, these regulations provided the bedrock of our election law that followed, including the landmark Bipartisan Campaign Reform Act passed in 2003.

Editorials: The Missing Right To Vote – What we’d get from amending the Constitution to guarantee it | Heather Gerken/Slate

The Constitution does not guarantee Americans the right to vote. That always comes as a surprise to non-lawyers. But you will search the Constitution in vain for any such guarantee, as the Supreme Court cheerily reminded us in Bush v. Gore. What the Constitution contains is a series of “thou shalt nots.” Thou shalt not deny the right to vote on account of race or sex. Thou shalt not impose poll taxes. Thou shalt not prevent 18-year-olds from voting. It is difficult to develop a robust case law when you only know what you can’t do. Some think that a constitutional amendment guaranteeing the right to vote would instantly produce any number of progressive goodies, like universal registration or a healthy campaign finance system or the end of partisan gerrymandering. Don’t believe it. If an amendment enshrining the right to vote looks anything like its cognates in the Bill of Rights, it will be thinly described, maddeningly vague, and pushed forward by self-interested politicians who benefit from the current system. It’s unlikely to be enough to persuade judges to mandate large-scale reform. Judges are conservative creatures (at least in the Burkean sense). They are typically loath to upend a system based on a vague textual guarantee. And a vague textual guarantee is as good as it’s likely to get. As Larry Tribe’s post makes clear, it is a challenge to draft an amendment just to overturn a single case, let alone to detail what a right to vote should involve. Even if we were to add as broad-gauged a right as I suggest below, the courts will inevitably create reasonable exceptions and interpretations, just as it has done for the First Amendment.