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. And for several election cycles, between 2004 and 2008, our system seemed headed towards more fair and transparent elections. But Citizens United changed everything.

Florida: Some counties aren’t suspending purge | MiamiHerald.com

Election officials in two southwest Florida counties are not ending a contentious push to remove potentially ineligible voters from the voter rolls. Gov. Rick Scott initiated the push last year. But most counties in Florida stopped efforts to identify and remove non-U.S. citizens from the rolls amid conflicting legal opinions between the state and federal government. The U.S. Department of Justice on Tuesday sued Florida, saying the state must halt the purge because it is too close to the next federal election.

Florida: Legal voters may or may not have been purged | StAugustine.com

Florida Gov. Rick Scott often says that no actual citizens have been removed from the voter rolls in his program to make sure noncitizens don’t have the chance to cast ballots. “Not one person has been taken off the voter rolls that was a resident, a U.S. citizen who has the right to vote,” Scott, a Republican, said Tuesday in Miami. But that might not be the case. In two counties — Collier and Lee — at least nine people have been removed from the voter rolls under Scott’s program, and elections officials have no solid proof that those people are noncitizens. More could be purged soon. It’s that lack of certainty that concerns Democrats, liberals and voting-rights groups, who have sued the state to stop the program. On Tuesday, the U.S. Department of Justice also filed suit.

Florida: Governor mistaken for dead in 2006 vote – required to cast provisional ballot | Reuters

Florida’s governor, who is leading a disputed purge of voter registration rolls, had to cast a provisional ballot in 2006 because officials mistakenly thought he was dead, election officials said on Thursday. Governor Rick Scott was required to use a provisional ballot in the 2006 primary and general elections because Collier County election officials had received a Social Security Death Index Death Record that led them to believe he had died on January 27, 2006. In fact the deceased was Richard E. Scott, who had the same birthday as the governor, December 1, 1952. The governor’s full name is Richard Lynn Scott. Election officials verified that Scott was among the living and his ballots were counted.

Nevada: Two Lawsuits Challenge Nevada Voting | Courthouse News Service

Two federal lawsuits challenging the way Nevada manages its voting processes were filed on the eve of the state’s primary. Civil rights groups claim the state violates the National Voter Registration Act by not helping low-income voters register to participate. In the second complaint, voters challenged Nevada’s unique rule allowing for a “none-of-the-above” vote.  Nevada reported a turnout of about 20 percent of registered voters for its Tuesday primary. In the first lawsuit, the National Council of La Raza and Las Vegas and Reno-Sparks branches of the NAACP claim Secretary of State Ross Miller and the state’s director of Health and Human Services fail to offer voting assistance at public assistance offices, as required by the National Voter Registration Act.

North Dakota: Problems at polls leave some unable to voice their vote | WDAY

A problem at the polls left some people unable to voice their vote. There was a mix-up with the ballots between Fargo and West Fargo, so some people ended up voting in the wrong races. It’s an opportunity Randy Schmidt waited years for — his first time voting in the Cass County primary elections. Schmidt: “there were some important measures I wanted to vote on this year.” Schmidt lives in Fargo, but because of legislative redistricting, his polling location was here, at the Holy Cross Catholic Church in West Fargo. Schmidt says he walked in, grabbed the ballot, but something was wrong.

South Carolina: No decison on Vick’s vanishing votes until Friday | TheState.com

A decision on whether to count all votes cast in the Democratic primary for the newly created 7th Congressional district will not be made until Friday when state officials meet to certify results, a S.C. election official said Wednesday.
Gloria Bromell Tinubu, a Georgetown college professor, was declared the outright primary winner with 52.4 percent of the tally — enough of a margin to best four candidates and avoid a runoff with second-place finisher Preston Brittain, a Myrtle Beach attorney who received 39.4 percent of the vote.
But S.C. Democratic leaders believe that the state should not have excluded about 2,340 votes cast for state Rep. Ted Vick, whose name remained on the ballot despite withdrawing from the race last month after being charged with DUI.

South Carolina: Top South Carolina Democrat Says 7th District Primary Botched | Roll Call

“Clusterf—,” South Carolina Democratic Party Chairman Dick Harpootlian said, enunciating every profane syllable in his Southern-tinged baritone. “We’ve got more in common with a third-world, South American country than we do with the rest of the other 49 states. This is nuts,” he added. Venezuelan leader Hugo “Chávez would conduct a fairer, better election than the Republican South Carolina [State] Election Commission.” All of which is to say  the South Carolina Democratic Party is not very happy with Tuesday’s Democratic primary election results in the state’s new 7th district. At first, the results appeared to indicate a Democratic primary runoff between long-shot candidate Gloria Bromell Tinubu, an economist, and establishment-backed attorney Preston Brittain, since neither received the more than 50 percent required to be declared the winner outright. But then, according to the Associated Press, the South Carolina State Election Commission disqualified the votes received by state Rep. Ted Vick (D) on the grounds that he had withdrawn from the race before primary day.

Virginia: Restoring Voting Rights to Convicted Felons | whsv.com

Once a convicted felon, many civil rights are taken away, including the right to vote. Those rights are not automatically restored in Virginia. Beverly Thompson, a volunteer with the Augusta County Corrections Center says she and others want to help change that. Virginia is one of only four states that strips a person’s civil rights, after being convicted of a felony. “They can’t get it back unless they do a lot of paperwork,” said Thompson who tries to help inmates regain their voting rights. Thompson says that paperwork is inside a 30 page booklet called, ‘Virginia Civil Rights Restoration Guide.’

Wisconsin: How media called the Walker recall election so fast | The Daily Page

When the major networks called the recall election for Republican Scott Walker barely one hour after the polls closed at 8 p.m., there was widespread disbelief over the results — among Democrats, at least — and bewilderment over the process. Some of the confusion was understandable. The same networks just 30 minutes before had released early exit polling data showing the race between Walker and Democratic challenger Tom Barrett was a dead heat. People were also ticked off that the election was being called with just over 20% of wards reporting and voters still in line in Milwaukee waiting to cast ballots. It struck many in the heat of the moment that corporate media had usurped the democratic process. One woman tweeted in disgust at 9 p.m.: “Ok NBC get a grip 22% and you’re calling it? Puke.” Even the Associated Press seemed sensitive to the criticism, putting out an article that night with the headline “How the AP calls elections before all the votes are tallied.”

Canada: Cities pondering move to online voting | Edmonton Journal

Edmonton, St. Albert and Strathcona County want to push ahead with Alberta’s first test of Internet voting during next year’s civic election. The three communities are interested in allowing people who can’t reach a regular polling booth to vote online instead of mailing in their ballots, according to a report released Thursday. The move requires a change to the provincial Local Authorities Election Act, and though Alberta Municipal Affairs is interested, it needs letters of support from councillors before it will act.

Egypt: High court nullifies parliamentary elections; calls for dissolution of parliament, raising new transition fears | The Washington Post

Egypt’s highest court ruled Thursday that the Islamist-dominated parliament should be dissolved because one-third of its members were elected unlawfully, blunting the astonishing political ascent of the Muslim Brotherhood and imperiling the country’s transition to democratic rule. The decision and a second one safeguarding the presidential candidacy of former prime minister Ahmed Shafiq quickly strengthened the hand of forces linked to Egypt’s old regime, and significantly raised the stakes of the weekend’s runoff vote between Shafiq and the Muslim Brotherhood’s Mohamed Morsi.

Mexico: Violence escalates as elections approach | latimes.com

With presidential and local elections slightly more than two weeks away, violence — some of it political, some of it part of a raging drug war — is surging in Mexico, with candidates killed, journalists snatched and major arrests threatening to touch off a wave of reprisals. And in a sign of the profound corruption that a new president will face, a video released this week shows police officers marching men from a hotel in the middle of the night. The men turned up dead the next day, and the police are suspected of acting on orders from drug gangs.

Arizona: Delay in Arizona election case | SCOTUSblog

Justice Kennedy has issued a temporary order delaying the Ninth Circuit Court’s ruling, at least until further briefs are filed in the case.  The Circuit Court mandate was due to be issued tomorrow, but now will be delayed until at least next Wednesday afternoon.  The challengers to the Arizona citizenship proof requirement are to file a brief by Monday afternoon, with a state reply due by noon Wednesday.   Earlier today, this post was updated to provide a link to the application, here. Arizona state officials asked the Supreme Court on Wednesday to allow election officials there to demand that all voters show proof of citizenship before they may register to vote   The divided en banc Ninth Circuit Court ruled in April that the citizenship proof requirement conflicts with a 1993 federal law passed to make it easier for individuals to sign up to vote.  The state took its plea for a delay of that ruling, for the duration of this year’s election season, to Justice Anthony M. Kennedy, who has the option of acting alone or referring the issue to his eight colleagues.  The application (11A1189) was filed in Arizona v. Gonzalez, et al.  The en banc Ninth Circuit, over three judges’ dissents, had denied a stay last week.

New York: New York Voter Empowerment Act Introduced | Queens Gazette

State Senator Michael Gianaris, Assemblymember Brian Kavanagh and the Brennan Center for Justice at NYU School of Law joined with good government and advocacy groups on June 7 to announce the introduction of the Voter Empowerment Act of New York, a nonpartisan initiative to increase voter participation as the 2012 election season commences. This legislation would amend the election law to update, streamline and make more efficient the voter registration process in New York. Currently, the single biggest barrier to voting is our antiquated registration system. The proposed bill would improve New York’s voter participation by automatically registering citizens to vote with their consent and updating their registration information when they interact with specific government agencies. It would also computerize the entire registration process, reducing typographical and clerical errors that come with hand-written registration documents and making it easier for eligible voters to register.

National: Supreme Court justices may hear Montana campaign finance case addressing two-track system | latimes.com

When the Supreme Court ruled that corporations had the right to political free speech, it set loose a tidal wave of campaign money that helped elect a new Congress in 2010 and is now reshaping the presidential race. But the impact of the Citizens United decision has been as surprising and controversial as the ruling itself. Although the high court’s 5-4 decision is best known for saying that corporations may spend freely on campaign ads, the gusher of money pouring into this year’s campaigns has mostly not involved corporate funds. And some of the practices that critics of the decision decry actually stem from a separate case decided by a U.S. Court of Appeals after the Citizens United ruling. The rise of “super PACs,” which may raise and spend unlimited amounts so long as they do so independently of a candidate, has allowed close aides to candidates to set up supposedly independent committees that have raised huge amounts, primarily from wealthy individuals. The PACs have spent most of their money on negative ads attacking the opposition. That unlimited fundraising was set in motion by Citizens United, but came to full flower after the subsequent Court of Appeals decision.

National: AFL-CIO to fight voter ID laws in six battleground states | The Hill

The nation’s largest labor federation plans to mount an aggressive campaign against voter identification laws in a half-dozen battleground states that will be key in the presidential election. AFL-CIO Executive Vice President Arlene Holt Baker told reporters on Tuesday that the labor federation will have boots on the ground registering and helping voters in Florida, Michigan, Nevada, Ohio, Pennsylvania and Wisconsin in coordination with the group’s political program.  Labor is pushing back against voter ID laws, which they say suppress voting by minorities, the elderly, the poor and students. Supporters of the measures say showing identification to vote is needed to crack down on fraud and protect the integrity of elections.

Voting Blogs: Voting Rights Groups Move to Hold Alabama Accountable to Federal Voter Registration Law | Project Vote

Citing clear evidence that Alabama public assistance agencies are violating their federally-mandated responsibilities to offer tens of thousands of public assistance clients opportunities to register to vote, today attorneys from Demos, Project Vote, and the Lawyers’ Committee for Civil Rights Under Law sent a pre-litigation notice letter to the Alabama Secretary of State on behalf of the Alabama State Conference of the NAACP. The letter details violations of the National Voter Registration Act (NVRA) and demands that the Secretary act immediately to bring the state into full compliance with the law or face litigation.  The groups forwarded copies of the letter to the Alabama Department of Human Resources (DHR) and Medicaid Agency.

Arizona: Phoenix fights law dictating election years | azcentral.com

Phoenix is preparing to sue the state to block a new law that would force Arizona cities and towns to hold elections in the fall in the same years as state general elections. City Council members who want to challenge the law say it infringes on the city’s authority to control its own affairs and govern based on its city charter. Some are also worried about the unintended consequences of the law, such as forcing sitting council members to serve at least a year longer than their elected terms to comply with the legislation. If Phoenix follows through with the suit, the League of Arizona Cities and Towns and other municipalities likely will add their support, league officials said. But not all council members agree with a legal challenge. Some question why the city should fight legislation aimed at increasing voter turnout and saving taxpayers money.

Arkansas: Study recommends changes in secretary of state’s office | Arkansas News

Bolstering the election’s division staff and considering the privatization of the State Capitol Police force are among recommendations in a report released Tuesday on making the secretary of state’s office more efficient. The 26-page report concluded an eight-month review of the secretary of state’s office by a 10-member committee chaired by former Republican U.S. Senate candidate Curtis Coleman. First-term GOP Secretary of State Mark Martin requested the report. “The committee was taking an almost a-political, almost antiseptic, business-oriented look at the structure,” Coleman said Tuesday. “The committee was looking for what … will help make the secretary of state’s function fundamentally more efficient. How can people get better government for less money?”

Florida: Justice Department Sues Florida Over Voter Purge | NYTimes.com

The Department of Justice on Tuesday followed through on warnings that it would sue Florida over the state’s plan to remove noncitizens from its voter rolls. The lawsuit, filed in Federal District Court in Tallahassee, intensified a legal battle between the Obama administration and Republican leaders in Florida, a crucial swing state. Florida has asked county election officials to remove up to 2,600 voters who may be registered illegally. But the federal government’s suit says the state’s list is “outdated and inaccurate.”

Florida: Noncitizen voter purge grew from 5-minute conversation | McClatchy

Florida’s latest elections controversy began in the smallest of ways: a five-minute chat a year ago between Gov. Rick Scott and his top election official. At the time, about February 2011, the newly elected governor was touring the office run by then-Secretary of State Kurt Browning, who put on a presentation about Florida’s voting rolls and elections issues for the political newcomer. That’s when Scott — a Republican who campaigned as an immigration hardliner — asked a simple question: How do we know everyone on the rolls is a U.S. citizen? “I said it was an honor system,” Browning recalls. “That’s how it’s always been done.” “People don’t always tell the truth,” Browning recalled Scott saying. So Browning decided to find out how many noncitizens were actually on the rolls.

Florida: Florida to sue Department of Homeland Security in voter registration battle | The Hill

Florida Gov. Rick Scott (R) said he will sue the Department of Homeland Security (DHS) to move forward with his controversial attempt to purge the voter rolls in his state of ineligible voters. “I have a job to do to defend the right of legitimate voters,” Scott told Fox News on Monday. “We’ve been asking for the Department of Homeland Security’s database, SAVE, for months, and they haven’t given it to us. So this afternoon, we will be filing a lawsuit, the secretary of State of Florida, against the Department of Homeland Security to give us that database. We want to have fair, honest elections in our state and we have been put in a position that we have to sue the federal government to get this information.” Florida Secretary of State Ken Detzner produced the lawsuit, filed in Washington, D.C. district court on Monday, shortly after, along with a statement. “For nearly a year, the U.S. Department of Homeland Security has failed to meet its legal obligation to provide us the information necessary to identify and remove ineligible voters from Florida’s voter rolls,” Detzner said. “We can’t let the federal government delay our efforts to uphold the integrity of Florida elections any longer. We’ve filed a lawsuit to ensure the law is carried out and we are able to meet our obligation to keep the voter rolls accurate and current.”

Wisconsin: GOP lawmaker asks for recount in recall race | Fox News

Wisconsin state GOP. Sen. Van Wanggaard asked elections officials Friday for a recount in his recall race, the outcome of which will decide the majority party in the state Senate. An official canvass this week showed the Racine Republican trailing his Democratic challenger by 834 votes, or 1.2 percent. Democrats had called on Wanggaard to concede, saying a recount would only delay their inevitable and waste taxpayer money. But Wanggaard’s campaign said it was concerned about possible reports of voting irregularities, and said it wanted to ensure the outcome was accurate.

Michigan: Democrats to GOP on election reforms: ‘You will be held accountable for this vote’ | MLive.com

Democrats say a package of election reform bills clearing the state House on Tuesday is aimed at suppressing the vote in November’s election. And Republican state Rep. Peter Lund said he doesn’t totally disagree. “Yes, we’re suppressing the dead vote. If someone is dead, they should not be voting,” said Lund, of Shelby Township, during heated debate on the floor.

Minnesota: Ramsey County elections official estimates photo ID cost per biennium at $1.7 million | Minnesota Public Radio

Elections officials in Ramsey County may consider an innovative response to a photo identification requirement if voters amend the constitution to require it this fall. Ramsey County elections manager Joe Mansky said the requirement could make voting difficult for thousands each year of county residents who change their addresses. Mansky told the county board Tuesday that they might want to consider providing IDs to voters at the polling places.

New York: Deal Near for Simplified Ballots | NYTimes.com

Gov. Andrew M. Cuomo and lawmakers on Tuesday were nearing an agreement to simplify the much-criticized ballots used in the state’s elections. The new ballot would contain shorter instructions, without legal jargon, and would emphasize the names of candidates in clear, bold type. The proposed design, which was described by an official with direct knowledge of it, would also forbid more than two languages to be used on a ballot, allowing for larger and more legible text.

New York: Risks of the digital dotted line | Times Union

A state plan to allow motorists to register to vote electronically at the DMV — and eventually online — has triggered sharp push-back from local elections officials who fear it will make it harder to detect voter fraud. But Gov. Andrew Cuomo’s administration says those fears, which center largely on the use of digital signatures, are based on a fundamentally flawed understanding of how the process would work at state Department of Motor Vehicle sites. State and good-government groups contend the changes streamline the registration process and have been proved elsewhere as cheaper, more user-friendly and accurate. Despite the claims, elections officials in Albany County, which is to be a pilot site for the program expected to fully roll out next year, say they won’t accept the electronic registrations — even as the Cuomo administration argues that state law gives them no choice.

North Dakota: Long lines greet voters on election day | Minot Daily News

A combination of high voter turnout and redistricting changes contributed to often long lines at Minot’s four polling places Tuesday. Devra Smestad, Ward County auditor, said there was a learning curve that resulted in longer lines earlier in the day, particularly at the Maysa Arena voting site. Movement through the system went faster with the addition of more scanners and changes in the way election workers handled the flow, such as giving voting directions to groups of voters rather than each voter individually. “We are seeing where we need to improve and we see where things are going very well. We appreciate the people’s patience and we understand their frustration,” Smestad said.