Voting Blogs: Rules May Change, But the Secret Money Game Remains the Same | Brennan Center for Justice

In the last six months, the disclosure rules covering the sources of money spent on elections have changed dramatically — twice. Despite those changes, one thing has stayed the same: moneyed interests have remained able to spend tens of millions of dollars on elections without having to publicly reveal who is doing the spending. In March, a federal court ruled that Federal Elections Commission disclosure regulations were too weak, in violation of Congress’s instructions to the agency. The court said that any group (or individual) that runs a type of advertisement called “electioneering communications” must publicly disclose the identities of its donors. These are the so-called “issue ads” run shortly before an election that mention a candidate but stop short of telling the audience to vote for or against the candidate. In response to the ruling, organizations switched to a different type of advertisement called “independent expenditures” — ads that expressly call for a viewer to vote for or against the targeted candidate. Prior to this ruling, many groups had avoided independent expenditures for tax reasons, but they were willing to face the tax consequences once it became the only way to hide their donors from the public.

Florida: One man’s election challenge of Brevard County FL primary continues | floridatoday.com

An employee of the Brevard County Clerk of Courts office wants to examine ballots from the Aug. 14 Republican primary, as he continues to express concerns about the results of the election, in which his boss was defeated. Sean Campbell, the chief deputy to Clerk of Courts Mitch Needelman, has been trading emails with Brevard County Supervisor of Elections Lori Scott, seeking to examine ballots from three election precincts. Campbell has suspicions about the accuracy of the reported vote counts, and wants to compare the paper ballots with reported totals. In the Republican primary, former Clerk of Courts Scott Ellis received 61 percent of the vote, to defeat Needelman, who got 39 percent.

Florida: Voter fraud complaint filed against Florida Democrats | SFGate

Florida authorities are reviewing allegations of voter registration fraud leveled against the Florida Democratic Party just days before the deadline to register new voters. The Florida Department of State on Friday confirmed that it has forwarded complaints about voter registration fraud that have been filed against the Democrats, as well as two other groups — the Florida New Majority Education Fund and the National Council of La Raza/Democracia USA. State election officials, as well as the Florida Department of Law Enforcement, provided few details on the complaints, including whether it is limited to just one county or how many voter registration forms are at issue. FDLE will look at the complaints and determine whether a criminal investigation should be launched.

Michigan: Voting rights coalition argues against citizenship check box on Michigan ballots | Detroit Free Press

There will be a “hitch” in the voting process if U.S. citizenship check boxes are used on ballot applications at the polls during the Nov. 6 presidential election. That’s the crux of an argument by a voting rights coalition that is challenging the use of the check boxes and is asking a federal judge in Detroit to issue a preliminary injunction to stop Secretary of State Ruth Johnson from requiring the boxes on ballot applications. “Our evidence shows there will be many jurisdictions where the voters will not be asked to check the citizenship box, others where they will be asked if there is no injunction,” Mary Ellen Gurewitz, an attorney for the coalition argued today before U.S. District Court Judge Paul D. Borman. “There will be this hitch.”

Mississippi: Voter ID Law Put On Hold For Election Following Federal Review | Reuters

Mississippi’s controversial new law requiring voters to show photo identification at the polls will not be in effect for the November general election while federal officials review whether the measure is discriminatory, the state said on Tuesday. It was the second setback for voter ID laws in a single day, coming on the heels of a judge in Pennsylvania ordering officials there to delay implementing a photo ID requirement until after the Nov. 6 election. Voters in Mississippi approved a voter ID ballot initiative by a wide margin last November. But as part of the implementation, the state provided insufficient evidence for the U.S. Department of Justice to determine whether the new law would violate the Voting Rights Act, the agency’s voting section chief T. Christian Herren Jr. said in a letter on Monday.

Ohio: Voting three days before election reinstated but not required in Ohio | The Columbus Dispatch

The 6th U.S. Circuit Court of Appeals today sided with the Obama campaign and Ohio Democrats in reinstating in-person early voting on the final three days before Election Day. However, the court is not requiring that the polls be open on those days, but rather leaves the decision up to individual county elections boards. “The state has proposed no interest which would justify reducing the opportunity to vote by a considerable segment of the voting population,” the appellate judges said. “The public interest…favors permitting as many qualified voters to vote as possible,” Without the courts’ intervention, “all non-military Ohio voters would be irreparably injured.”

Rhode Island: Supreme Court denies manual recount in Pawtucket House race | The Providence Journal

The Rhode Island Supreme Court has denied challenger Carlos Tobon’s bid for a manual recount of the Pawtucket House race he lost by one-vote, after four ballot counts produced four different results. In a 3-to-2 decision Friday, the high court said the state Board of Elections had already provided to Tobon – who lost to longtime state Rep. William San Bento 544 to 543 – all of the relief the law requires, including a “manual re-feeding of ballots” into the voting machines and “a manual recount of those ballots rejected by the machine.” Read the decision: Carlos Tobon v. Rhode Island Board of Elections et al. No. 2012-289-M.P. (Order).pdf

Tennessee: Voter ID laws should be removed, attorney says in emergency appeal | wbir.com

Civil rights attorney George Barrett Wednesday filed an appeal to the Tennessee Court of Appeals of a recent state court decision that found Tennessee’s voter identification law to be constitutional. His application for emergency appeal asks state officials to remove government-issued photo ID as  voting requirement in the November election. The appeal requests a hearing no later than Oct. 12. Tennessee’s early voting starts Oct. 17. Barrett has been at war for months with state officials over the state’s voter ID law, which took effect this year. He has called the law “an unconstitutional impediment on the right to vote.”

Wisconsin: Wisconsin Election Board will not seek extension in absentee ballot returns | The Badger Herald

The state’s election board sent a letter to former Mass. Gov. Mitt Romney’s campaign announcing the board will not go to the courts to ask for an extension for some absentee ballots to be turned in. The letter comes after the Government Accountability Board announced this week that 37 absentee ballots to overseas and military voters were sent out past the required deadline. This prompted a response from the Romney campaign, which told the board there should be an extension in the deadline for those voters to return their ballots. “I am writing to express my concern regarding your office’s attention to the voting rights of men and women in uniforms, and to urge you to take immediate action to correct recent violations of military voting rights,” the Romney campaign told the GAB in a letter. President Barack Obama’s reelection campaign agreed with Romney that it was important to see whether the voters were being denied their right to vote, United Council Governmental Relations Director Analiese Eicher said. She assured all votes would be counted.

Canada: Election challenge clears another hurdle in Canadian Federal Court | CBC News

A group of Canadians challenging the election wins of seven Conservative MPs has scored a victory along the road to getting the main case heard in Federal Court. The court has ruled in favour of the challengers denying a motion by the Conservative Party to force them to put down hundreds of thousands of dollars as a security deposit. Nine people, backed by the Council of Canadians, are challenging the election wins of seven Conservative MPs. They argue fraudulent or abusive phone calls targeted those seven ridings in an attempt to discourage voters from casting ballots on May 2, 2011, and that the election results should be nullified.

Georgia (Sakartvelo): President Saakashvili concedes election defeat | latimes.com

Mikheil Saakashvili, the pro-Western president of Georgia faced with increasing protests among his people, conceded defeat Tuesday after preliminary election returns showed the opposition had won control of parliament and the right to name a powerful new prime minister. In a televised address, the 44-year-old leader acknowledged that the Georgian Dream coalition led by tycoon Bidzina Ivanishvili had won, and said his own United National Movement would become the opposition. “You know well that the views of this coalition were and still remain fundamentally unacceptable for me,” he said, “but democracy works in a way that allows the Georgian people to make a decision by a majority.” With nearly half the ballots counted by Tuesday afternoon, the Central Election Commission reported that Georgian Dream had 54.1% of the vote to 41% for Saakashvili’s movement.

Kuwait: Opposition rejects changes to Kuwait Election Law | MENAFN

Opposition political blocs and the mostly Islamist Majority Bloc signed a document on Saturday that rejects any amendments to the Elections Law prior to the upcoming parliament elections. The document rejects changes to the five constituencies and the number of votes, saying the matter is the prerogative of the legislative authority. The signatories include the Majority Bloc, the Kuwaiti Reform Movement, the Popular Bloc, the Reform and Development Bloc, the Islamic Constitutional Movement (ICM), as well as liberal MP Saleh Al-Mullah. News reports predict that HH the Amir Sheikh Sabah Al-Ahmed Al-Jaber Al-Sabah will approve the decree dissolving the 2009 Assembly this week, as early as Sunday. The government presented HH the Amir with a draft decree to dissolve the 2009 Assembly last Wednesday. However, parliament sources believe that the dissolution will be delayed to later this month, possibly until after Eid Al-Adha.

Venezuela: Venezuelan Re-Elects President Hugo Chavez for 6 More Years | Latin American Herald Tribune

Venezuelans went to the polls both in the country and abroad on Sunday in reportedly massive numbers to decide who will govern Venezuela for the next six years on a sunny day marked by both calm and expectation, given that President Hugo Chavez, a leftist firebrand who has been in office for 14 years, was facing a stiff challenge from Henrique Capriles. The polls were open from 6 a.m. (1030 GMT) to 6 p.m. (2230 GMT), although the National Elections Council (CNE) said that Venezuelans in line at that later hour who had not yet cast their ballots would be allowed to do so. Some 19 million people are eligible to vote in the election.

Venezuela: Elections: The Stakes Are High | Fox News

Venezuelans are heading to the polls in what is considered one of Latin America’s most important elections in years. After 14 years in power, the polarizing and controversial socialist President Hugo Chávez faces his toughest challenger yet — the center-right candidate Henrique Capriles. When Chávez came to power in 1999 he was the first a wave of left-wing Latin America leaders known as the “Pink Tide” to gain high political office in the region.

Venezuela: Why the voting is more trustworthy than the polling | guardian.co.uk

Polling – or perhaps more importantly, the abuse of polling data – has a checkered history in Venezuela. I will never forget the day of the presidential recall referendum in 2004. I was sitting in the BBC studio in Washington, between a TV and radio interview, and the fax machine spat out a release from what was then one of the most influential Democratic polling and consulting firms in the United States: Penn, Schoen, Berland and Associates. “Exit Poll Results Show Major Defeat for Chavez” was the headline. The agency claimed to have interviewed an enormous sample (more than 20,000 voters at 267 voting centers), and found that Chávez had been voted out of office by a margin of 59% to 41%. I looked up at the producer who gave me the fax with more than a bit of perplexity. With good reason: the actual result of the referendum was the opposite: 58% to 41% against the recall. The Organization of American States and the Carter Center observed the election and made it clear that there was no doubt that the results were clean. Given the actual vote, the probability of the variation in PSB’s result was less than 1 chance in 10 to the 490th power, if you can imagine something that unlikely. The producer put the press release aside. “I’m not doing anything with this unless there’s another source,” she said.

Verified Voting Blog: Ohio – Improved but Still a Concern

Ohio’s status as a large battleground state means that problems in Ohio could have a significant impact nationwide. Although Ohio is in better shape than a number of states because there are no paperless voting machines,The major concern is that about half the counties use Direct Recording Electronic (DRE) machines, though they are equipped with Voter Verified Paper Audit Trail (VVPAT) printers. In theory a VVPAT is supposed to accurately represent the choices the voter makes with the touch screen machine. In practice, VVPATs can be difficult and even confusing to read. Tests have shown that most voters do not bother to check the VVPAT.  Therefore, VVPATs offer only limited protection against election theft. Someone wishing to steal an election could change both the electronic version of the voter’s choices and the VVPAT, while retaining the correct version on the DRE screen, so that the change would not be obvious to the voter.  If the voter happens to notice and void the VVPAT, election rigging software could print and store in memory the voter’s correct choices. That way, the VVPAT results would match the electronic ones, even though the overall result was rigged.

The Voting News Weekly: The Voting News Weekly October 1-7 2012

Statistics show that votes cast by mail are less likely to be counted, more likely to be compromised and more likely to be contested than those cast in a voting booth. Mashable considered the security concerns associated with internet voting and CBS Miami investigated the state of electronic voting in next month’s election. Alleged voter registration fraud in several States have again focused attention on GOP operative Nathan Sproul. Iowa Secretary of State Schultz was criticized for using Federal funding in his voter fraud investigation. A Federal Court has ruled that a citizenship checkbox must be removed from Michigan ballots, while a court in Ohio has ordered that in person early voting be available to all voters during the weekend before the election. Pennsylvania’s voter ID requirement was put on hold. A decision on a similar law in South Carolina is expected this week and the incumbent suffered an upset defeat in Georgia’s presidential election.

The Voting News Daily: Nathan Sproul Long Trailed by Voter Fraud Claims, New ID laws could delay outcome of close election

National: Nathan Sproul, A Republican Operative, Long Trailed by Voter Fraud Claims | NYTimes.com For a year, the Republican National Committee has portrayed Democrats as the villains when it comes to voter fraud. In a provocative article on CNN’s Web site, the committee’s chairman, Reince Priebus, said, “Democrats know they benefit from election fraud.” The tables have…

National: How Close Are We to Internet Voting? | Mashable

You can do basically anything online. From booking a flight to securely transmitting medical records to your doctor, from buying groceries to managing your bank account, the web supports all sorts of complex transactions. But one common task has firmly resisted the lure of online convenience: voting. At least mostly. There is actually some online voting already happening in very limited ways. At least 32 states and the District of Columbia will allow military or overseas voters to return absentee ballots via email, fax or an Internet portal, in effect offering a form of remote electronic voting to some segment of the population. But for the majority of voters, a trip to a polling place will be necessary to cast a vote in this year’s election. Why is that? Surely, if engineers can figure out how to safeguard your medical records or transfer large sums of money over the Internet, beaming a vote from your living room should be a piece of cake. That’s a popular refrain among proponents of Internet voting systems, and on the surface, it makes sense. If security-obsessed industries like banking and medicine have embraced the Internet, why is voting still stuck in the relative dark ages? As with most things, the reality is a bit more complicated. According to VerifiedVoting.org, a non-profit organization dedicated to ensuring the “accuracy, integrity and verifiability” of elections in a digital age, all voting systems should have a few key components. First, there needs to be a fully auditable, preferably voter-verifiable paper trail that maintains the integrity of the secret ballot. Second, voting systems need to have in place strong mechanisms to prevent any undetected changes to votes. Third, systems should not be easily subject to wide-scale service disruptions. Indeed, the Help America Vote Act (HAVA), passed in 2002 as a response to the Florida recount debacle of 2000, requires some of these provisions under the law.

National: Nathan Sproul, A Republican Operative, Long Trailed by Voter Fraud Claims | NYTimes.com

For a year, the Republican National Committee has portrayed Democrats as the villains when it comes to voter fraud. In a provocative article on CNN’s Web site, the committee’s chairman, Reince Priebus, said, “Democrats know they benefit from election fraud.” The tables have turned, however, and Republicans are now playing defense over the role of a well-paid operative, Nathan Sproul, in a voter registration scandal that emerged in Florida and has spread to other states. The Florida Department of Law Enforcement said it was reviewing “numerous” claims involving a company that Mr. Sproul runs to determine if a criminal investigation is warranted. Complaints have surfaced in 10 Florida counties, among them allegations that registrations had similar signatures or false addresses, or were filed under the names of dead people. In other cases, party affiliations appeared to have been changed.

National: New ID laws could delay outcome of close election | KATC.com

The presidential election is Nov. 6, but it could take days to figure out the winner if the vote is close. New voting laws are likely to increase the number of people who have to cast provisional ballots in key states. Tight races for Congress, governor and local offices also could be stuck in limbo while election officials scrutinize ballots, a scenario that would surely attract legions of campaign lawyers from both parties. “It’s a possibility of a complete meltdown for the election,” said Daniel Smith, a political scientist at the University of Florida. Voters cast provisional ballots for a variety of reasons: They don’t bring proper ID to the polls; they fail to update their voter registration after moving; they try to vote at the wrong precinct; or their right to vote is challenged by someone.

National: Absentee ballots gain popularity despite warnings of potential voter fraud | Fox News

On Election Day, millions of votes will be counted from people who do not vote in person. Instead, they will make their voices heard through mail-in, absentee ballots. Election officials insist absentee ballots are a secure way to vote, and they have become increasingly popular. Others brand absentee ballots as the weak link in the electoral system, charging that they are susceptible to voter fraud. “We have a very thorough verification process so that anyone who should be able to vote, and chooses to vote by mail, their right will be preserved,” insists John Hogan, the county clerk in Bergen County, N.J. “We have very, very little voter fraud, and if there is any indication of voter fraud, it is investigated immediately.” The United States Election Assistance Commission says that in the last federal election, the 2010 mid-terms, 90.8 million Americans cast ballots, and of that total, 14.2 million, or 15.6 percent, used absentee ballots.

Voting Blogs: Elections officials aren’t the only ones prepping for Nov. 6 | electionlineWeekly

While the 2002 and 2004 elections were certainly watched following the issues in Florida in 2000 and the implementation of the Help America Vote Act of 2002 this year could prove to be under the microscope more than any in the past. Not only will all eyes being the administration of elections this year because of the multitude of new laws and regulations governing how voters cast their ballots, but also because anyone on social media becomes a de facto “reporter.” With a little more than a month to go till Election Day 2012, elections officials and campaigns are hard at working making sure everyone is properly registered and that those who want a ballot will get a ballot. But they aren’t alone. In newsrooms across the country editors and reporters are plotting their November 6 course of action as well. Even for those of us who cover elections 24/7/365 there is planning to be done.

Florida: Judge says voter purge can go on | MiamiHerald.com

A federal judge in Fort Lauderdale ruled Thursday that Florida’s purge of potential noncitizens on the voter rolls can go on. U.S. District Judge William J. Zloch said federal law does not prohibit the state from removing voters who were never lawfully eligible to register in the first place. Florida has identified 198 voters as potential noncitizens — among an estimated 11.4 million registered voters — and sent the names to independent county elections supervisors for their review. A coalition of liberal-leaning voting-rights groups had asked the court to halt the purge, arguing in a hearing Monday that federal law prohibits purging the voter rolls 90 days before an election. Attorneys for Florida Secretary of State Ken Detzner countered that the state could purge noncitizens at any time because they should have never been on the voter rolls. “We’re very pleased another federal court has ruled that Florida’s efforts to remove noncitizens from the voter rolls are lawful and in the best interest of Florida voters,” Detzner said in a statement Thursday. “Ensuring ineligible voters can’t cast a ballot is a fundamental aspect of conducting fair elections.”

Hawaii: State takes over Big Island elections | Hawaii News Now

The state has seized control of elections on the Big Island due in the wake of voting delays that plagued the county’s primary vote. State elections officials said they have “no confidence” in County Clerk Jamae Kawauchi and made the move to avoid problems in the November general election. “They didn’t feel we could run a successful general election in the County of Hawaii if we continued on this current path,” said State Chief Election Officer Scott Nago. “This has never been done before.” Nago said meetings last month with Kawauchi and elections workers convinced him that the county clerk hasn’t done enough to solve the voting delays that marred the August primary. On the primary election night, Gov. Neil Abercrombie kept Big Island polls open an hour-and-a-half later after Kawauchi told state officials that 25 of 40 polling stations did not open on time.

Iowa: Secretary of State Schultz blasts audit request | KMA Radio

Iowa Secretary of State Matt Schultz, a Republican, says he is disappointed Democrat State Senator Tom Courtney has called for a federal and state audit of federal funds used to pay a state DCI agent to investigate possible voter fraud. In response to Courtney’s request, Schultz told Radio Iowa it boils down to one thing. “Political grandstanding by Senator Courtney. You know, here is a situation where we’re trying to do what is right. We’re trying to make sure that we have honest and fair elections,” according to Schultz. “And instead of trying to help us, Senator Courtney is trying to stop the investigations. What Senator Courtney should be doing is saying ‘I support he has the funding to ensure we have fair and honest elections, and I will do whatever I can to ensure we have honest and fair elections’, but that is not what the senator is saying.” Schultz says he is confident any audit of the use of the Help America Vote Act, or HAVA funds, will confirm he is right. “At this point I trust my election staff that’s made up of election law lawyers. And I can tell you, Senator Courtney only focused on one part of the law and did not bring the entire law into the case here. My staff tells me we have the ability to do it, and I am trusting my staff,” Schultz says. The DCI charged three people with voter fraud in Pottawattamie County in September based on information from the Secretary of State’s office. Schultz says he could use more help in finding voter fraud.

Louisiana: New, smaller districts create voting machine shortage in Louisiana | The Advertiser

When local governments developed new election districts after the 2010 Census, they drew so many small precincts that it forced the state to purchase additional voting machines and limit the number of machines at each precinct. Secretary of State Tom Schedler said Wednesday that local governments went overboard. “We have precincts with one voter,” Schedler told a joint meeting of the House and Senate Governmental Affairs committees. “Several have three or four.” In Lincoln Parish, local officials increased the number of voting precincts from 42 to 102. “There’s no way the population doubled,” Schedler said. “It’s just out of control,” said Sen. Mike Walsworth, R-West Monroe, reacting to Schedler’s report.

Michigan: Secretary of State Ruth Johnson ordered to appear in court for hearing in voting case | Detroit Free Press

A federal judge has ordered Michigan Secretary of State Ruth Johnson to appear in court on Friday for a hearing over her plans to require the use of citizenship check-off boxes on voter applications statewide for the Nov. 6 presidential election. Johnson’s office filed an emergency motion Monday asking U.S. District Judge Paul D. Borman to allow her director of elections, Christopher Thomas, to be substituted in her place at the hearing in Detroit. As of Wednesday, the judge had not ruled on that request, court records showed. An accompanying brief lists two reasons for the request: that Johnson has 11th Amendment immunity and that she should not be compelled to testify where a lower-ranking official has the requisite authority and knowledge.

Montana: Judge strikes down Montana campaign contribution limits | Missoulian

A federal judge Wednesday struck down Montana’s dollar limits on campaign contributions to state candidates, dealing another blow to long-standing state laws that attempt to limit money in politics. U.S. District Judge Charles Lovell of Helena, in a brief order, said the nearly 20-year-old limits violate free speech rights under the First Amendment of the Constitution, because they prevent candidates “from amassing the resources necessary for effective campaign advocacy.” Lovell permanently blocked the state from enforcing its contribution limits, apparently opening the door for individuals, political parties and political action committees to give virtually unlimited amounts of money to candidates running for Montana office this election season. However, state Attorney General Steve Bullock – who’s also running for governor this year – said his office will ask for an emergency stay of Lovell’s ruling while it appeals the order to the 9th U.S. Circuit Court of Appeals.

Oklahoma: School for the Blind tests new voting machines | MuskogeePhoenix.com

Oklahoma voters with visual impairments will be able to cast ballots independently and privately this year for the first time in a presidential election. The state’s new voting machines incorporate an audio aid that guides blind voters through the various ballot choices. Once selections have been made, the audio device summarizes the selections made and provides voters an opportunity to change their choices before the ballot is cast. Jane Thomas, a social worker at the Oklahoma School for the Blind, said students who participated Wednesday in a mock election encountered “some glitches.” But for the most part, Thomas said the technology incorporated this year with the state’s new voting machines is “wonderful.”