Voting Blogs: Florida’s Unsung Election Heroes | Brennan Center for Justice

Local election administrators form the front line in protecting voters from disenfranchisement. It was certainly welcome news that the Department of Justice sent a letter last week to Florida’s Secretary of State Ken Detzner to remind him of federal law prohibiting the Sunshine State from purging the voter rolls so close to an election. Voters and the courts also make a tremendous difference in the fight against state policies that could make it harder formillions of eligible Americans to vote. After seeing a wave of restrictive voting laws sweep the nation in the last year or so — the worst since the Jim Crow era — push back against these new but regressive policies is occurring across the country, from Maine to Texas andWisconsin to South Carolina. The quiet heroes in the Florida purge story, however, may be those fastidious local supervisors of elections who have committed themselves to protecting voters, following federal law, and publicly stating their opposition to sloppy purge practices. In mid-May, Detzner issued a press release announcing that he had a list of 182,000 people who were on the voter rolls, but ineligible to vote because they were non-citizens. Reports of similar lists for allegedly deceased voters and voters with criminal convictions soon surfaced. There is no dispute that our voter registration lists should be clean and accurate. However, the methodological problems with these types of purges and the proximity to the August primary generated abundant criticism. The almost immediate influx of stories of eligible Americans being incorrectly identified as non-citizens lent fuel to the fire, and many local supervisors of elections publicly criticized the planned purge.

Florida: ‘Phantom’ votes raise doubts for November election in Florida | Palm Beach Post

Almost half of Florida’s voters will have their ballots counted this November by machines that can malfunction in as little as two hours and start adding votes. A New York study found that the precinct-based vote counter added votes in some races on a ballot, which can invalidate some or all of the votes. Although not used in Palm Beach County, Election Systems & Software’s DS200 scanner will count votes in some of the most populous counties in Florida, including Miami-Dade, Broward and Orange. State elections officials stand behind the scanner, which they say has been thoroughly tested. Even so, the manufacturer issued a nationwide bulletin warning that the scanner needs to be carefully cleaned to avoid adding “phantom” votes.

Voting Blogs: Injunction in Florida Voter Registration Case Speaks to Clarity in Election Legislation | Election Academy

On May 31, U.S. District Judge Robert Hinkle issued a preliminary injunction in the case of League of Women Voters of Florida et al v. Browning et al, a case challenging Florida’s new voter registration law. In particular, the League and other plaintiffs were concerned about the requirement that voter registration groups must submit applications within 48 hours of the voter’s completion of the form – or face the prospect of fines. The judge’s order halts enforcement of the law (and its supporting rule) pending a full trial on the merits. Judge Hinkle’s order recognizes the interests of the state in enacting the law:

The state has a substantial interest in seeing that voter-registration applications are promptly turned in to an appropriate voter-registration office. Applications that are not promptly turned in may be lost or forgotten or otherwise mishandled. Just as a prudent law-enforcement officer promptly delivers evidence to the evidence room, a prudent voter-registration organization promptly delivers voter-registration applications to the voter-registration office. And applicationsthat are held and delivered to a voter-registration officeen masse, especially near a voter-registration deadline, impose an unnecessary burden on voter-registration officials. The state’s interests are easily sufficient to uphold a requirement for reasonably prompt delivery of applications. (pp.7-8)

Florida: State will defy order to stop purging voter list amid calls of ‘suppression’ | guardian.co.uk

Florida says it will defy an order from the US justice department to stop purging its voter roll of people the state claims may not be American citizens. The justice department has warned that the practice, which critics describe as “voter suppression” by Florida’s Republican administration aimed at stripping the ballot from people more likely to support Democrats, is illegal under federal laws. It has given the state until Wednesday to agree to halt the purge, something officials in Florida say they have no intention of doing. Federal authorities say that the state is obliged to get justice department approval for changes to its voting laws under the 1965 Voting Rights Act, which was introduced to end practices that prevented African Americans from exercising their democratic right in many southern states. The justice department also said that the purge appears to violate a federal law stopping voters being removed from the rolls less than 90 days before an election. Florida holds primaries in mid-August. But Chris Cate, a spokesman for the Florida secretary of state, said the purge will continue.

Editorials: Florida voters purge: A ham-handed solution to a problem that doesn’t exist | Orlando Sentinel

Bill Internicola had to show his papers. He received a letter last month from the Broward County, Fla., Supervisor of Elections informing him the office had “information from the state of Florida that you are not a United States citizen; however, you are registered to vote.” So Internicola had to prove he is an American. He sent the county a copy of his Army discharge papers. Internicola is 91 years old. He was born in Brooklyn. He is a veteran of the Second World War. He earned a Bronze Star for his part in the Battle of the Bulge. Yet he was required to prove to a county functionary that he is entitled to vote in an American election. We learn from reporter Amy Sherman’s story last week in The Miami Herald that this is part of a campaign by Florida Gov. Rick Scott, a Republican, to weed non-citizens off the rolls of the state’s voters. Initially, Florida claimed 180,000 were possible non-citizens. That number was eventually whittled way down to about 2,600 people. In Miami-Dade County, where the largest number of them live, 385 have been verified as citizens. Ten – 10! – have admitted they are ineligible or asked to be removed from the rolls. The Herald recently analyzed the list and found it dominated by Democrats, independents and Hispanics. Republicans and non-Hispanic whites were least likely to have their voting rights challenged.

Montana: Some small counties still tallying votes by hand | Missoulian

Pull back the curtain on the Montana secretary of state’s online election results, and you’ll find a small army of volunteers counting votes by hand. Yes, most of the state’s counties have technology do the work, and Missoula County has had help from machines since the 1970s, according to the elections administrator. But 12 of the smallest counties in Montana will count their ballots by hand on Tuesday night. “Imagine that,” said Meagher Clerk and Recorder Dayna Ogle. Meagher judges were counting by hand in 2008 during the hotly contested U.S. Senate race between Jon Tester and Conrad Burns, and the central Montana county with a population of 1,800 was getting calls for results from national media. But the judges could only count so fast.

North Carolina: House seeks to soften voter ID bill as Tillis addresses concerns about GOP agenda | NewsObserver.com

Republican lawmakers are renewing a push for a compromise measure that would require voters to show identification at the polls, conceding that voiding a veto of a tougher bill is unlikely. House Speaker Thom Tillis said he is intent on overriding more of Gov. Bev Perdue’s vetoes before adjourning at the end of the month. But he recently acknowledged the one hill too big to climb may be the voter ID legislation vetoed by Perdue that would require voters to show a driver’s license at the polls. A veto override requires a three-fifths majority, meaning a handful of Democrats would need to side with the Republican majority. The compromise measure being negotiated would allow voters to show a broad range of documents to prove identity, including bank statements, utility bills or any government documents with name and address. Voters without such documents would be required to show that their signature matched their voter registration form.

Wisconsin: In recall vote, it’s TV ad spending vs. boots on the ground | The Washington Post

Dozens of men, women, children and dogs showed up early Monday morning outside the Madison Labor Temple, where labor-backed organizers sent them out in search of Democratic votes. Their goal was written in chalk on the sidewalk at their feet: “Barrett or Bust.” If Milwaukee Mayor Tom Barrett (D) can pull off a come-from-behind win in an election to recall Gov. Scott Walker (R) on Tuesday, it will almost certainly be because of volunteers like these, whom Democrats are counting on to overcome being outspent by tens of millions. Wisconsin Republican Gov. Scott Walker will try to become the first governor to successfully overcome a recall in an election Tuesday. Walker is being challenged by Milwaukee Mayor Tom Barrett.

Wisconsin: Election Law Quirk Could Throw Governance Into Disarray | Huffington Post

Right now, Wisconsin has a Republican governor and lieutenant governor. But after Tuesday’s recall elections, the top two officials could be from different parties. In normal elections, the two candidates run on a single ticket. But in recall elections, public officials are on their own. So theoretically, Gov. Scott Walker (R) could hold on to his seat, while Lt. Gov. Rebecca Kleefisch (R) could lose to Mahlon Mitchell, meaning Walker would have to work with a Democrat. “Highly unlikely,” former Wisconsin Democratic Senator Russ Feingold told The Huffington Post when asked about this scenario. Both Mitchell and Milwaukee Mayor Tom Barrett (D) also dismissed the possibility, arguing that people were likely to choose two candidates from the same party. “We don’t see that split-ticket scenario at all. We’re not factoring that in,” said Barrett.

Egypt: Presidential candidates file appeals to election commission, charging vote fraud | The Washington Post

Three top candidates in Egypt’s presidential race filed appeals to the election commission ahead of the deadline Sunday, alleging violations in the first round vote that they say could change the outcome. The appeals, alleging fraud, are likely to enflame an already explosive race, with two of the most polarizing candidates finishing first. Preliminary results from last week’s election placed Muslim Brotherhood candidate Mohammed Morsi and Hosni Mubarak’s last prime minister, Ahmed Shafiq, as the two candidates entering a June 16-17 runoff. Thirteen candidates were on the ballot. Young, liberal secularists who led the popular rebellion that overthrew longtime leader Hosni Mubarak last year failed to place a candidate in the runoff.

Greece: Greeks Divided as Election Stalemate Looms Again | VoA News

The final day of polling before the repeat election in Greece on June 17 showed the two main contenders neck and neck. The economic crisis has divided Greeks, who appear split on the causes and solutions to the country’s financial meltdown. The political stalemate only appears to be entrenching these divisions. Industrial disputes do not get much worse than this.  The workers at the Hellenic Halyvourgia steel plant have been on strike for more than 200 days. Yorgos Sifonios is president of the workers’ union.  He showed letters of solidarity from unions across the world. “The Union has undertaken collective action, which has roused the whole of Greece’s working class. Our strike has become a landmark, a model of how all workers must fight,” Sifonios said. The factory’s owner laid off 50 workers last year, blaming falling demand.  The company declined an interview.

Mexico: Watchdog group calls for transparency in presidential elections | Fox News

The Institute for Access to Federal Information, or IFAI, urged Mexico’s four presidential candidates to “boost transparency and accountability and make them a part of Mexicans’ political culture.” Over the past decade, since a transparency law and its implementing mechanisms were enacted during the administration of former President Vicente Fox, steps have had to be taken to “overcome resistance and attempts at regression by authorities who don’t understand that there’s no turning back,” IFAI’s president-commissioner, Jacqueline Peschard, said in a statement.

Editorials: Democratic Challenge in Mongolia | Forbes

The U.S. and other Western democracies have spent the better part of the last decade pushing for democratization across the globe. We have intervened in Iraq, Afghanistan and Libya and supported countless other efforts with aid and ideas to press democratic ideals for the disenfranchised and oppressed. While this is undoubtedly a worthy cause, there are still instances when even democratic nations need our attention. What is currently happening in Mongolia is a sharp reminder that we cannot ignore nations that are burgeoning democracies who suffer from crippling democracy deficits. Former Mongolian President Nambaryn Enkhbayar is due to stand trial today on charges of corruption and of misusing property and government powers. He was arrested in a televised dawn raid in April where viewers saw Mr. Enkhbayar shoved into a van with a sack over his head. The charges, he says, are a complete fabrication.

National: When is a campaign donation a bribe? Supreme Court may decide | latimes.com

Former Alabama Gov. Don Siegelman was charged with bribery and sent to prison because, prosecutors said, a wealthy hospital executive gave him $500,000 in exchange for appointing him to a state hospital planning board. But this half-million-dollar “bribe” did not enrich Siegelman. Instead, the disputed money was a contribution to help fund a statewide referendum on whether Alabama should have a state lottery to support education, a pet cause of the governor’s. The Supreme Court is set to decide as soon as Monday whether to hear Siegelman’s final appeal, which raises a far-reaching question: Is a campaign contribution a bribe if a politician agrees to do something in return, or is it to be expected that politicians will do favors for their biggest supporters?

California: State to Test Nonpartisan Primaries | NYTimes.com

When new redistricting maps changed the boundaries of this Congressional district to give Democrats a slight edge for the first time in decades, party loyalists were elated. But now it seems possible that come November there will not even be a Democrat on the ballot. On Tuesday, for the first time, California voters will participate in a nonpartisan primary. Instead of the top candidate from each party advancing to the general election, the two candidates with the most votes will be placed on the November ballot, regardless of party affiliation. This year will be the first test of a new kind of election aimed at breaking the partisan gridlock that has seized Congress and state legislatures all over the country. When the change was presented to California voters by a ballot initiative in 2010, advocates said it would usher in a new era that embraced politicians who would be more pragmatic than ideological. “The elected officials in Sacramento are often on the far left and far right and certainly not reflective of the majority of people in the state,” said Aaron McLear, who worked on the change as an aide to Arnold Schwarzenegger, then the governor, and is now a political consultant. “What we wanted is a lot more candidates coming in even if they are not anointed by the party. It may take a few cycles to manifest itself, but you will have wild cards who can make some real change in the Capitol.”

Colorado: Veto pressure mounts as Hickenlooper reviews open-records elections bill | The Colorado Independent

In the weeks since the Colorado legislative session ended, calls for Gov. John Hickenlooper toveto House Bill 1036 have come from the political left, right and center, from government watchdog organizations, citizen rights and tax reform activists and from representatives of the sovereign Ute Mountain Ute tribe in southwest Colorado. Whatever happens by next Friday, when the deadline to sign the bill arrives, wrangling over its contents and legitimacy will continue indefinitely. “Litigation will follow a signature from the governor. It’s a certainty,” Jennifer Weddle, attorney for the Ute Mountain Ute, told the Colorado Independent. She said the tribe is deeply concerned the bill would limit protection against the kind of voter suppression efforts that have plagued Indian voters in the United States for decades. “Whether a suit is filed by the [tribe], by an individual member of the tribe or by a Colorado citizen, the process by which the bill was passed was so broken that litigation is certain.”

Florida: Voter purge gets pushback from elections supervisors, U.S. Justice | Palm Beach Post

Florida elections supervisors said Friday they will discontinue a state-directed effort to remove names from county voter rolls because they believe the state data is flawed and because the U.S. Department of Justice has said the process violates federal voting laws. Late Thursday, the Department of Justice sent Florida Secretary of State Ken Detzner a letter telling him that an effort launched by Republican Gov. Rick Scott’s administration last year to remove the names of people believed to be non-citizens from voter rolls appears to violate at least two federal voting laws. The federal agency gave Detzner until Wednesday to respond. The Justice Department letter and mistakes that the 67 county elections supervisors have found in the state list make the scrub undoable, said Martin County Elections Supervisor Vicki Davis, president of the Florida State Association of Supervisors of Elections. “There are just too many variables with this entire process at this time for supervisors to continue,” Davis said.

Voting Blogs: Florida’s Voter Purge … and The Federalist Papers | Ned Foley/Election Law Blog

“If men were angels, no government would be necessary.”  So said Madison famously, in Federalist 51.  He continued with a more significant observation: “If angels were to govern men, neither external nor internal controls on government would be necessary.”  Underlying this observation was his recognition that political science could not count on politicians always acting virtuously. Yet Madison also knew that if politicians lacked virtue altogether, democracy (or what he would have called “republicanism”) would be impossible.  Here’s how he put this important counterpoint in Federalist 55:

“Were the pictures which have been drawn by the political jealousy of some among us, faithful likenesses of the human character, the inference would be that there is not sufficient virtue among men for self-government; and nothing less than the chains of despotism can restrain them from destroying and devouring one another.”

Thus, Madison saw the challenge of successful constitutional design for a democracy as economizing upon an existent but finite supply of virtue among otherwise self-interested politicians.  To this end, he gave us the architectural principles of federalism and separation of powers.  “Ambition must be made to counteract ambition”—so that no single institution of government, even in a democracy, can exercise too much power over the lives of the citizenry. Yet, as I read recent news reports of efforts in Florida to purge the state’s voter rolls of noncitizens, I wonder if Madison’s principles of constitutional design are adequate to the task of election administration in the twenty-first century.  Or perhaps the better question is whether the current institutional arrangements we use in the United States for election administration are adequately in accord with Madison’s fundamental principles of constitutional design.

Michigan: GOP Rep. McCotter ends write-in campaign | The Hill

GOP Rep. Thaddeus McCotter (Mich.) announced Saturday that he would end his write-in bid for reelection and would finish his term in Congress. “I have ended my write-in campaign in Michigan’s 11th Congressional District,” announced McCotter, in a statement.  His decision comes after news last week that the five-term lawmaker had failed to collect enough signatures to appear on the ballot in his bid for reelection to the House. McCotter was quick to acknowledge the misstep saying that the “buck stops with me” and had begun efforts to wage a write-in campaign. However, despite signals for GOP leaders that they would support his bid, he reversed course on Saturday.

Montana: Judge indicates campaign law on judicial races may fall | The Billings Gazette

A federal judge Friday indicated he may strike down a long-standing Montana campaign law that bans political parties from spending money on or endorsing nonpartisan judicial candidates. But U.S. District Judge Charles Lovell of Helena declined to suspend the law before Montana’s primary election next Tuesday, saying the issue needs a wider hearing before taking such action. “I think this is a very serious issue and the plaintiffs have a sound and authoritative basis for their position,” Lovell said. “But I do agree that further hearings are going to be required.” Lovell set a hearing for June 11 on whether the ban should be suspended while he considers a request from the Sanders County Republican Central Committee to declare the law unconstitutional. The local Republican Party committee sued Tuesday to overturn the law, saying it wants to endorse candidates running for the Montana Supreme Court and a local state district judgeship. Its lawsuit said the ban clearly violates the committee’s right to free speech, under the First Amendment of the U.S. Constitution. The Republican Party group also said “left-leaning judges” are making “increasing intrusions” into state policy, and that it wants to endorse candidates that “share its ideological views.”

Tennessee: Shelby County Election Commission reclassifies 180,000 voters | The Commercial Appeal

In the 2008 presidential election, when Shelby County counted a record 401,081 votes cast on the Nov. 4 ballot, the final turnout of 66.9 percent was considered strong but still meant some 33 percent of the nearly 600,000 people on the county’s voter rolls chose not to participate. Was it apathy? Or, as recent aggressive moves by the county Election Commission suggest, was it something more simple — absence. A spring cleaning of the county’s voter rolls, based on identifying names of people who had not cast ballots in any federal election since 2006, has resulted in voting rolls that as recently as March showed 611,937 voters now listing just 431,054 names. The commission says there is a simple explanation for how some 180,000 names vanished from the publicly available voting rolls. The most substantial change involved moving 151,826 people who have not voted in any of the two most recent federal election cycles to “inactive” status. Those voters remain eligible to vote, but since they have not voted in any federal election over a four-year stretch, they are no longer considered “active” voters, and the commission, under the control of county Republicans since 2010, has decided to include only the “active” voters on its registered voting statistics.

Wisconsin: Second statewide recount may decide Tuesday’s Wisconsin recall election | GazetteXtra

It’s the other “R” word in this historic year of Wisconsin politics: Recount. If recall election vote totals between Republican Gov. Scott Walker and Democrat Tom Barrett are within a 0.5 percent margin, a free recount can be requested. The apparent loser can ask for a statewide recount, or recounts only in specific counties. Most polls give Walker margins-of-error leads over Barrett, whose supporters say their own surveys show the race is tied. With only 2 percent or 3 percent of poll respondents saying they are undecided, a recount is possible. We’ve seen this recount movie before. Only 13 months ago.

Wisconsin: Report: Recall election most expensive race in Wisconsin history | The Hill

The Wisconsin recall election for GOP Gov. Scott Walker has become the most expensive contest in state history, a non-profit watchdog group said Sunday. The Center for Public Integrity (CPI) said more than $63.5 million had been spent by Walker, his Democratic challenger Milwaukee Mayor Tom Barrett and outside groups ahead of Tuesday’s vote. The tally which includes funds spent since November 2011 topped the 2010 gubernatorial contest, which held the previous record of $37.4 million. Democratic National Committee Chairwoman Debbie Wasserman Schultz said the vote would be a “dry run” for Democrats ahead of November. Polls show Walker with a slight edge on Barrett, but Democrats are making a strong push this weekend to close the gap. Former President Bill Clinton visited the state on Friday to stump with Barrett.

Cambodia: Prime Minister Hun Sen’s party expected to win Cambodia elections | The Brunei Times

Prime Minister Hun Sen’s ruling party was expected to win Cambodia’s local elections yesterday in a vote that monitors say is tainted by vote buying and other irregularities. The elections for local governing councils across the country are viewed as the key indicator of public opinion ahead of general elections in 2013. Hun Sen’s Cambodian People’s Party has ruled Cambodia for nearly three decades. It has strong rural support and overwhelmingly won both previous local elections in 2002 and 2007. Preliminary results from Sunday’s vote were expected by Monday.

Egypt: Mubarak verdict adds to tension before Egypt vote amid calls for more mass protests | Al-Arabiya

Egyptian activists called for mass demonstrations on Tuesday to protest against verdicts handed down in the strongman’s murder trial. The pro-democracy April 6 movement, the Coalition of Revolution Youth and the Maspero Youth Union among others called for a mass protest at 1500 GMT on Tuesday. Thousands of protesters gathered in Cairo’s iconic al-Tahrir Square late Sunday to protest the acquittals given to nine defendants in the major trial that sent former president Hosni Mubarak and his interior minister Habib al-Adly to jail for life. Demonstrators demanded the formation of a civilian presidential council including defeated candidates Abdul Moniem Abul Fotouh and Hamdeen Sabbahi united under the Muslim Brotherhood candidate, who is running in the elections run-off, Mohammed Mursi, Egypt’s daily al-Masry al-Youm reported. Protesters also called for the retrial of all defendants in the case and called for the Political Isolation Law to be applied to Ahmed Shafiq, who is competing against Mursi in the election run-off on June 16 and 17.

Editorials: Greeks approach election feeling angry, helpless and betrayed | The Irish Times

The Chinese curse, “May you live in interesting times”, might have been coined with the Greek people in mind. Not since the fall of the military junta in 1974 has there been such turmoil and uncertainty. It’s not physical turmoil (although there have been mild fisticuffs in my local bar) but conceptual, as voters prepare for the next elections on June 17th, following the totally inconclusive ballot last month. There is a series of dichotomies (after all, the Greeks invented the word). On one hand, in the bigger picture, is the right of the Greeks to self-determination; on the other are Greece’s international obligations, as members of the EU and debtors to the IMF. On one hand, many politicians and technocrats are saying Greece must be changed completely, while on the other Greek people want to go on being Greek. The greatest dilemma is the fact that Syriza (Radical Left) may well top the polls, having pushed Pasok into third place last month. Current predictions have Syriza at 27-30 per cent, with New Democracy (ND) on 23-27 per cent and Pasok limping badly on 12-15 per cent. Topping the poll on 30 per cent would give Syriza 90 seats, plus a bonus of 50 – a total of 140, just 11 seats short of an overall majority. Syriza’s leader, Alexis Tsipras, the new kid on the block, wants to repudiate Greece’s debts, reverse the austerity measures and nationalise the banks, yet – and here’s another dichotomy – he wants to stay in the euro, which might be fiscally impossible.

Mexico: The ghosts of Mexico’s past | The Independent

For seven decades, the Institutional Revolutionary Party ruled Mexico by hook or by crook, stuffing ballot boxes, massacring democracy protesters and bribing journalists into providing sycophantic coverage. When it finally lost a presidential election for the first time, in 2000, the atmosphere was reminiscent of the fall of the Berlin wall. But now the party, universally known in Mexico as PRI, its Spanish initials, is on the brink of a triumphant comeback, with its youthful candidate for July’s presidential polls, Enrique Peña Nieto, enjoying a consistent lead of around 20 points over his nearest challenger. In the race for congress, the PRI, buoyed by its alliance with Mexico’s controversial, death penalty-supporting Green party, is close to winning 50 per cent of the lower house. That would be the chamber’s first outright majority in some 15 years, giving Mr Peña Nieto, a 45-year-old former governor of the massive state of Mexico, which includes much of Mexico City, more power than any president has had since the early 1990s.

The Voting News Weekly: The Voting News Weekly May 28 – June 3 2012

Flame – Massive Cyber Threat Uncovered

A Federal judge struck down restrictions on third party voter registration drives that had been signed into law last year on the4 same day that the Justice Department ordered the State to end a controversial purge of the State’s voter rolls. Republican Super PACs plan to spend a record $1 billion this November. Maryland is considering the use of of online ballot marking software in spite of the fact that no such software has been tested and certified to voting system standards. Researchers have identified that highly sophisticated malware, dubbed Flame, designed for cyber espionage has been active since 1010. Two closely watched elections are scheduled for June 5: California’s primary will be the first using a “top two” system that may doom third parties in the State and Wisconsin’s recall election has attracted massive National attention – and funding. After an inconclusive first round, Egypt heads for a divisive run-off pitting an Islamist candidate against a former member of the Mubarak regime, while Lesotho elections were generally peaceful in which ex-foreign minister Tom Thabane forming a coalition government.