Editorials: The Racial Burdens Obscured by Voter ID Laws | The Nation

The Pennsylvania Supreme Court hearing on Applewhite v. Commonwealth of Pennsylvania, over the state’s voter ID law, was serious enough that it drew the presence of Ben Jealous, the president of the national NAACP. After ninety minutes of arguing about the fundamental right to vote before the state’s six supreme court justices, Jealous said he was “cautiously optimistic” that civil rights groups might prevail in the case. Perhaps cautiously pessimistic, I couldn’t help but think, But what if they don’t? When I asked Jealous this, he said: “We will have volunteers throughout the state demanding that everyone who is eligible to vote and who has a right to vote will be able to vote. And then we will make sure every provisional ballot is counted and make sure the polls stay open and we will fight to make sure the polls stay open as long as necessary.” In other words, the NAACP, and a lot of civil rights and liberties organizations like them, would be absorbing the burden imposed by the Pennsylvania law, which mandates specific forms of photo ID in order to vote.

National: Challenges to Voting Laws May Play Havoc On and After Election Day | Roll Call

Democratic Rep. Mark Critz’s chances of hanging onto his seat representing Southwestern Pennsylvania could hinge on a lawsuit filed by a 93-year-old great grandmother over the state’s new voter identification law. The Supreme Court of Pennsylvania is hearing Viviette Applewhite’s appeal today so it can decide whether the recently enacted statute is so burdensome on some citizens that it violates Pennsylvania’s constitution. Like other lawsuits across the country, it pits Republicans concerned about voter fraud against Democrats worried about voter suppression. The outcome could affect turnout on Election Day and spawn legal challenges afterward. Legal tussles over voter ID laws, purges of voters deemed ineligible, registration tactics and early voting periods in states including Pennsylvania, Ohio, Florida, Wisconsin, Colorado, Texas and South Carolina are setting the stage for a potential post-election legal showdown in November. At least one Senate race and five House races that Roll Call currently rates as a Tossup are in states with ongoing voting lawsuits.

Editorials: It’s time to move beyond debate over voter ID | Houston Chronicle

If there has ever been an issue of less practical or political import that has produced more litigation, legislation, public debate and passion than voter ID, I cannot imagine what it would be. I agree with the majority of Americans that producing some kind of ID to prove you are who you say you are when you vote is not an unreasonable safeguard. However, I am equally convinced that the amount of voter fraud generally is minuscule and the number of people actually showing up to vote using a false identity is even rarer. It is evident that the latter proposition is true because in none of the litigation over voter ID have any of the states defending the laws even attempted to make any showing of actual voter fraud. It was somewhat surprising to me that the courts have consistently said that the states do not have to show actual incidents of fraud to justify requiring identification. The courts have ruled the states have a right to impose reasonable safeguards solely to assure the public that elections are fair. But let’s not pretend that either side of this issue cares about the merits of the issue. This is pure political calculation.

Voting Blogs: Absentee Ballot Numbers: Is It Just a Calendar Thing? | Election Academy

Last Friday, I blogged a story describing concerns about the slow pace of absentee ballot requests across the country, especially in the military. Those numbers were (in part) the focus of a hearing in the House Armed Services Committee yesterday. The slowdown is giving rise to fears that efforts to encourage and enable military and overseas voting (specifically, the MOVE Act) aren’t working -or aren’t being implemented – the way Congress intended. But now, thanks to George Mason’s Michael McDonald and his United States Election Project, comes the information that other factors may be at work – and that absentee ballots might not be slowing down as much as people think:

The number of ballot requests … continues to steadily increase, with an updated 2,476 reported on Tuesday (revised from 2,129) and a preliminary 2,386 on Wednesday. The number of absentee ballot requests is now 32,158. I previously discussed an apparent decline in the number of absentee ballot requests in comparison to 2008. Then, at the start date of mail balloting there were 37,539 absentee ballot requests.

National: Why Does Kofi Annan Criticize the US Election System? | Voice of Russia

International experts have strongly criticized the current rules regulating the presidential election in the USA. According to the Global Commission on Elections, Democracy and Security, headed by the UN Secretary General Kofi Annan, the non-transparency and maximum dependence of the US election system on financial investments undermine the society’s belief in the principles of equality and democracy. In its report the commission consisting of a number of former world leaders and Nobel Prize winners says that there is an alarming tendency evident all over the world – a sharp growth of influence of the financial elite on election results.

Editorials: Think Voter ID is Bad? Meet the Poll-Watchers | Care2 Causes

The Republican fight against voter rights has garnered the lions share of press attention, but as The Nation reports, the fight for voting rights extends well beyond the fight over Voter ID and includes the fight over who gets to raise the question over who is eligible to vote. In at least twenty-four states any random person is authorized, if they feel so inclined, to question individual voters and ask them to “prove” their eligibility to vote. As restrictive and complicated Voter ID laws have passed state-by-state, conservative groups have realized there’s good leveraging in voter registration challenges and poll watcher trainings.Tea Party loyalists have created True the Vote, an advocacy group which pushes Voter ID laws and training “patriots” to protect the polls. But as a new report from the Brennan Center for Justice, “Voter Challengers” spells out, these groups rely on American’s historical amnesia when it comes to race in order to promote their activities. Poll-watching can’t be divorced from its racially motivated roots, and groups like True the Vote understand that, even if they won’t acknowledge it.

Kansas: Kobach Moving on Obama Birther November Ballot Challenge | Afro-American Newspapers

Less than two months before Election Day, a group of Kansas Republicans, led by a voter ID law advocate, is moving on a withdrawn challenge which may result in President Obama being removed from the ballot. Secretary of State Kris Kobach, who has embraced forcing voters to produce ID at the polls, said Sept. 13 that he will preside over a Kansas Board of Objections Sept. 17 meeting where a Manhattan, Kansas veterinary professor Joe Montgomery, questioned Obama’s birthplace and the citizenship of his father. Kobach said that the board is obligated to do a thorough review of the questions raised by Montgomery about Obama’s birth certificate and not make “a snap decision.” However, Montgomery on Sept 14 withdrew his objections, stating that the Kansas roots of Obama’s mother and grandparents, apparently in his opinion, satisfies the U.S. Constitution’s “natural-born citizen” requirement for the presidency.

Florida: Court Approves Early Voting Schedule in Florida | NYTimes.com

The Department of Justice has approved Florida’s early voting schedule for the five counties in the state protected by a civil rights-era law, all but clearing the last significant conflict in the path of November balloting. In a motion filed on Wednesday before the United States District Court in Washington, Attorney General Eric H. Holder Jr. said the Justice Department did not oppose Florida’s new plan for those five counties, under one condition: The counties must offer 96 hours of voting between the hours of 7 a.m. and 7 p.m. over eight days, the maximum under the law. The Justice Department sued the state over its new early voting schedule, which would have reduced the number of days for early voting. With both sides agreeing to the terms, the court is expected to dismiss the suit. But a separate lawsuit filed by Representative Corrinne Brown, a Florida Democrat, over the state’s early voting law is pending, which could still affect the new schedule.

Minnesota: Coalition of church leaders oppose proposed Voter ID amendment | TwinCities.com

A coalition of religious leaders opposed to the state’s proposed photo ID amendment announced an aggressive outreach effort Thursday, Sept. 13, to persuade people of faith to vote No. The “Faith in Democracy” campaign aims to engage 50,000 people of faith on the issue through phone calls, door-knocking and direct mail. The effort is part of the “Prophetic Voices” initiative launched this spring by several groups including Jewish Community Action, ISAIAH, His Works United and the Center for Public Ministry at United Theological Seminary.

Iowa: Immigrant advocates again voice concerns over new voter-registration rules | Des Moines Register

New state rules meant to identify noncitizens on Iowa’s voter rolls could have the unintended effect of intimidating eligible voters, several Iowans and immigrant advocates told a state panel on Tuesday. The rules at issue – passed this summer through an emergency process without public input – outline procedures for the Iowa Secretary of State’s office to use a federal database to verify the citizenship status of registered voters in Iowa. Secretary of State Matt Schultz has been seeking access to the database for several months, after determining using state Department of Transportation records that more than 3,500 people who are in the country legally but are not citizens are registered to vote in Iowa. Tapping the federal data would allow Schultz’s office to determine more accurately which of those voters are not citizens and thus ineligible to vote. The new rules are meant to satisfy the federal government’s demands for how the database will be used.

Oklahoma: Court Explains Why State Officers of Americans Elect Cannot Nominate Presidential Electors | Ballot Access News

Here is the short decision of the Oklahoma State Supreme Court in Lawhorn v Ziriax, 2012 OK 78. The decision implies, but not does explicitly say, that qualified parties in Oklahoma cannot nominate presidential electors unless their party holds a national convention. This is based on an incidental part of the election law that says presidential elector candidates must take an oath to support the candidate chosen at that party’s national convention. The irony of this interpretation is that even if Americans Elect had gone ahead with its original plans, it never planned to nominate a presidential or vice-presidential candidate at a national convention. Instead, the party expected to nominate via an on-line vote of any registered voter in the nation who wished to participate.

Michigan: County clerks defy ballot citizenship rule | The Detroit News

Some local election officials are resisting Secretary of State Ruth Johnson’s demand voting applications in the Nov. 6 general election that ask voters to affirm their U.S. citizenship. Clerks in Macomb County and Lansing plan to defy Johnson’s instructions and remove the question from ballot applications, and the Washtenaw County Election Commission voted Thursday to leave it off the forms after the county clerk planned to give townships and cities the option to ask about citizenship. “It seems like it doesn’t really add anything positive to the process. People have already affirmed their citizenship when they register to vote,” Lansing City Clerk Chris Swope told The Detroit News.

Tennessee: Electronic poll books won’t be used in November in Davidson County | The Tennessean

Despite expressing confidence in the reliability of electronic poll books, the Davidson County Election Commission on Thursday stuck with its decision not to use the devices in the November election. The poll books, which recently replaced paper poll books in 60 of the county’s 160 voting precincts, have been at the center of criticism the past few weeks because some voters received the wrong ballots during the Aug. 2 primary. The commission had planned to use the new poll books in all 160 precincts for the Nov. 6 general election. Last week, four of the five commission members voted to revert to the paper poll books for all precincts. However, Commissioner Steve Abernathy wanted the commission to revisit the issue.

Wisconsin: Wisconsin recall elections cost $13.5 million | Journal Times

Gov. Scott Walker’s June recall election and the primary held a month before it cost taxpayers more than $13 million, the board that oversees elections in Wisconsin reported Friday. The Government Accountability Board stressed that its findings were merely an estimate and not audited. The figures were reported at lawmakers’ request. State Rep. Robin Vos, a Republican critic of the recalls and the presumptive next speaker of the Assembly, said he’s “more committed than ever to recall the recalls” in Wisconsin. He called the $13.5 million price tag an “outrage.” Vos, currently co-chair of the Legislature’s budget-writing committee, said he will introduced a constitutional amendment that would only allow elected officials to be recalled if they committed a crime or malfeasance in office.

Georgia (Sakartvelo): Russian election observers rejected by Georgia | Democracy & Freedom Watch

Georgia’s Central Election Commission has rejected applications from two Russian organizations to register as observers for the parliamentary election on October 1. September 9, the CEC decided to deny the State Duma of the Russian Federation and Fund for Free Election to register as observers. The rejection comes as a consequence of a recent amendment of the election code with effectively introduced a ban on election observers from any country that fails to recognize Abkahzia and South Ossetia as parts of Georgia. Russia has recognized both regions as independent states. The initiators of the law explained that the goal was to “keep away observers that might have a conflict of interest or some kind of agenda. Observers should be politically impartial.” Sergey Markov and Maxim Gregoriev, members of Public Chamber of Russia, were among those whose application was rejected.

The Voting News Daily: Backlash Swells Against Voter Laws, Think Voter ID is Bad? Meet the Poll-Watchers

National: Backlash Swells Against Voter Laws | The Daily Beast Another symbol of just how quickly the political calculus can change ahead of Election Day: crucial swing states Ohio and Florida, along with Texas, South Carolina, and Wisconsin, have won significant—albeit possibly temporary—victories against restrictive voting laws over a span of mere weeks. Voting laws,…

National: Backlash Swells Against Voter Laws | The Daily Beast

Another symbol of just how quickly the political calculus can change ahead of Election Day: crucial swing states Ohio and Florida, along with Texas, South Carolina, and Wisconsin, have won significant—albeit possibly temporary—victories against restrictive voting laws over a span of mere weeks. Voting laws, including the requirement that people carry photo IDs to the ballot box, have became a major source of controversy as the presidential race remains close less than two months ahead of the election.  “The tide has clearly turned,” says Diana Kasdan, counsel for the Democracy Program of Brennan Center, a public policy institute affiliated with New York University. “The results are coming in, court after court is rejecting these restrictive laws.” The next crucial decision will come out of Pennsylvania. The state’s law requiring all voters to show identification is currently being debated by the Pennsylvania Supreme Court; a decision is forthcoming.

National: Study of US campaign ads finds growing role of outside groups | Reuters

Unlimited spending driven by Republican groups is responsible for an outsized share of advertising in the 2012 campaign season that feeds the markedly negative stream of ads, according to an academic analysis released on Wednesday. Super PACs, or political action committees, and tax-exempt advocacy groups accounted for nearly a third of all the ads aired in the U.S. presidential race, according to a study by the Wesleyan Media Project that analyzed broadcast and national cable spots run between April 26 and Sept. 8. “The key dynamic of this campaign is the increased presence of these outside groups in all key races across the federal landscape,” said Michael Franz, co-director of the project and associate professor of government at Bowdoin College in Maine. Republican outside groups are largely responsible for this year’s trend. Of 302,580 ads backing Republican presidential candidate Mitt Romney, outside groups funded 54 percent, spending $117.5 million. Meanwhile, the official Romney campaign spent $37.8 million for 30 percent of the pro-Romney ads. “We’ve never seen that big of a share of outside group spending in presidential races before,” Franz said.

National: Underfunding of voter registration: a guarantee that 25 percent or more of Americans won’t participate | Remapping Debate

Non-partisan voter registration organizations, while proud of their efforts, are conscious of their limited ability to reach the still-large unregistered population. They say that a critical problem they face in doing their work is a lack of available money. According to Michael Slater, executive director of Project Vote, a national organization that submitted 1.3 million registration applications, “I don’t see any sorts of funding that would allow a coalition of organizations working together to get…registration to the level that we need. I mean could we really boost registration in Ohio working together? Absolutely. But [all] across the country? No. No one’s in that position.”  Caitlin Baggott, the executive director of the Bus Project Foundation, a smaller non-partisan group that seeks to engage young people in politics, and whose work includes registering young voters in Oregon, described “non-profit organizations and community groups [as] scrap[ing] together meager funds to register what truly ends up being a drop in the bucket [among younger] voters each election cycle, while literally millions of Americans are eligible to vote but don’t know how, where, or when to register or vote in an election.” That system, she said, “is fundamentally broken and unsustainable for the health of our democracy.”

National: 3 Electoral College members may pass on Romney | The Associated Press

At least three Republican electors say they may not support their party’s presidential ticket when the Electoral College meets in December to formally elect the next president, escalating tensions within the GOP and adding a fresh layer of intrigue to the final weeks of the White House race. The electors — all supporters of former GOP presidential candidate Ron Paul — told The Associated Press they are exploring options should Mitt Romney win their states. They expressed frustration at how Republican leaders have worked to suppress Paul’s conservative movement and his legion of loyal supporters. “They’ve never given Ron Paul a fair shot, and I’m disgusted with that. I’d like to show them how disgusted I am,” said Melinda Wadsley, an Iowa mother of three who was selected as a Republican elector earlier this year. She said Paul is the better choice and noted that the Electoral College was founded with the idea that electors wouldn’t just mimic the popular vote. The defection of multiple electors would be unprecedented in the last 116 years of U.S. politics. It also would raise the remote possibility that the country could even end up with a president and vice president from different parties.

Connecticut: State Supreme Court hears ballot-line issue | The Bulletin

Connecticut’s Republican Party asked the state’s highest court on Wednesday to give GOP candidates the top line on the state’s November ballot, a challenge that could affect voting in the closely watched contest for an open U.S. Senate seat. The outcome of the governor’s race determines which party holds the first line. But state Republicans argued the secretary of the state was wrong to list Democrats first because their candidate, Gov. Dannel P. Malloy, relied on votes from a third party to put him over the top in the 2010 election. Since lever voting machines have been replaced with optical scan machines, both sides in dispute say it matters less which party is on the top line of ballots. But academics say recent studies have demonstrated ballot order can make a small yet significant difference.

Iowa: Judge will weigh in on new Iowa voter rules | Omaha.com

A Polk County judge says she will decide whether new voter rules created by Iowa’s Republican secretary of state will be enacted before the November election. Judge Mary Pat Gunderson said in a ruling filed Wednesday that two civil rights organizations, the American Civil Liberties Union and League of United Latin American Citizens, do have a legal standing to challenge the rules. Both groups filed a lawsuit to block Iowa Secretary of State Matt Schultz from enacting the rules, which would allow Schultz to begin a process to purge certain voters from Iowa’s voter registration list and make it easier to report fraud. Lawyers from the Iowa Attorney General’s Office representing Schultz contended that the groups have no legal standing to challenge the rules and asked Gunderson to dismiss the case.

Kansas: Kansas State Board Considers Removing Obama From Ballot | TPM

Kansas Secretary of State Kris Kobach, an informal advisor to Republican presidential candidate Mitt Romney, said on Thursday he and his fellow members of a state board were considering removing President Barack Obama from the Kansas ballot this November. Kobach is part of the State Objections Board along with Attorney General Derek Schmidt and Lt. Gov. Jeff Colyer, all Republicans. The Topeka Capital-Journal reported that on Thursday the board agreed consider whether to take Obama off the ballot because they said they lacked sufficient evidence about his birth certificate. “I don’t think it’s a frivolous objection,” Kobach said, according to the Capital-Journal. “I do think the factual record could be supplemented.” The board is looking at a complaint filed by Joe Montgomery, of Manhattan, Kan., who claimed the Obama is not a natural born U.S. citizen and so is ineligible to be president. The man appears to be part of a group of conspiracy theorists known as “birthers,” who deny Obama’s birth certificate is real.

New Hampshire: New Hampshire sued over voter ID law | EagleTribune.com

The League of Women Voters is suing New Hampshire to halt a new voter registration requirement it sees as discriminatory toward college students from out of state. Meanwhile, the primary’s test run for a new photo identification requirement prompted complaints from voters in Salem, Londonderry, Pelham and other communities throughout the state, according to the League and America Votes, a voter rights advocacy group. The League of Women Voters filed a petition yesterday in Strafford County Superior Court, challenging the registration law. It asked the court to either block enforcement or rule that voters who plan to leave the state at a specific time in the future do not have to register vehicles or obtain a driver’s license.

Ohio: Judge denies Ohio elections chief’s request in early voting dispute | The Marietta Times

A federal judge on Wednesday denied a request by Ohio’s elections chief to hold off in enforcing his court’s order on disputed early voting days in the presidential battleground state. Secretary of State Jon Husted had asked the judge last week to stay his ruling that restores early voting on the final weekend and Monday before the November election while the state appeals the decision. Husted said he didn’t want to confuse voters by setting in-person, early voting hours that a court could later change. U.S. District Judge Peter Economus in Columbus said Wednesday that Husted failed to demonstrate his likelihood of succeeding on appeal and didn’t provide “sufficiently compelling reasons” for the stay.

Pennsylvania: Battery life of ES&S iVotronic voting machines in doubt before election | Citizens Voice

Luzerne County officials discussed concerns Wednesday that batteries for electronic voting machines bought in 2006 could be dying. Tom Pizano, acting director of elections, said he wants the county to start heating the warehouse that stores the 850 touch-screen machines so the temperature doesn’t dip below 55 degrees. Storing the machines in cold temperatures shortens the lives of the batteries, Pizano said at Wednesday’s board of elections meeting. But the county typically doesn’t heat the voting-machine warehouse until after the general election in November, Pizano said. He said he didn’t like a suggestion to use gas-fueled portable heaters in the warehouse because of fumes and because areas nears heaters would get too hot. New batteries for the voting machines would cost more than $60,000, voting machine technician David Bartuski said.

Editorials: Pennsylvania’s Bad Election Law | NYTimes.com

On Thursday, the Pennsylvania Supreme Court is scheduled to hear arguments about the state’s strict new photo ID law, which is allegedly intended to prevent voter fraud. A voter must present a government-issued or other approved photo ID at a polling place to vote or can file a provisional ballot, which must be validated later by a submission of a photo ID or proof that the voter is indigent. The state has offered no evidence of voter identity fraud to justify this law. There is no legitimate government interest that justifies the burden the law imposes on voters. If the court does not block the law, it will cause irreparable harm. In Philadelphia, for instance, almost one-fifth of the registered voters may not have an acceptable form of identification to vote on Election Day. Statewide, almost one-tenth may not. When he signed the law in March, Gov. Tom Corbett claimed that it “sets a simple and clear standard to protect the integrity of our elections.” But, at a meeting of the Republican State Committee in June, the House majority leader, Mike Turzai, boasted that it would “allow Governor Romney to win the State of Pennsylvania.”

Pennsylvania: At voter-ID hearing, justices have tough questions and a surprise | Philadelphia Inquirer

The state Supreme Court’s long-awaited hearing on Pennsylvania’s voter-ID law was going pretty much as expected when Justice Thomas G. Saylor, a white-haired veteran jurist from Somerset County, brought a new issue into the long-running controversy. He’d been reading the law himself, Saylor told chief deputy attorney general John G. Knorr 3d, and he questioned whether the commonwealth was actually following the precise requirements of the voter-ID law passed last March – specifically, a provision that requires the Pennsylvania Department of Transportation to provide a nondriver photo ID card to any registered voter who swears that he needs it for voting purposes. To the surprise of many in the standing-room-only courtroom in City Hall, Knorr agreed with the justice.

Editorials: ‘Nightmare’ Pennsylvania Voter ID Law Revisited in Court | Ari Berman/The Nation

A wave of new voting restrictions have been struck down by the courts in recent weeks. A major exception is Pennsylvania, where Commonwealth Court Judge Robert Simpson, a Republican, declined to issue a preliminary injunction against the state’s controversial voter ID law on August 15. Today in Philadelphia, the Pennsylvania Supreme Court convened in a packed, standing-room-only courtroom to revisit the law. A decision is expected in the next few weeks to determine whether Pennsylvania will be the largest swing state with a new, restrictive voter ID law on the books for the 2012 election. David Gersch, the lead lawyer for the plaintiffs (which include voting rights groups such as the ACLU and the Advancement Project), argued that Judge Simpson erred in failing to conclude that Pennsylvania’s voter ID law “impermissibly violates the right to vote.” Gersch noted the significance of holding the hearing in Philadelphia, “the birthplace of American democracy,” in a state whose constitution explicitly protects the right to vote. Gersch asked, once again, for an injunction against the law based on three major points: (a) “the right to vote is a fundamental right” harmed by the law; (b) the voter ID law was not a mere election regulation but something far more significant and burdensome; and (c) the law was not narrowly tailored toward its legislative goal of stopping voter fraud.

Pennsylvania: High court takes hard look at voter ID law | Philadelphia Inquirer

Pennsylvania’s state Supreme Court justices on Thursday aggressively questioned whether a politically charged law requiring photo identification from each voter should take effect for the Nov. 6 presidential election and whether it guarantees the right to vote. With the election just 54 days away, the justices did not say when they will decide, although lawyers in the case expected them to rule before the end of September. The high court appeal follows a lower court’s refusal last month to halt the law from taking effect. The law , championed by Republicans over the objections of Democrats , is now part of the heated election-year political rhetoric in the presidential swing state and has inspired protests, warnings of Election Day chaos and voter education drives.