Voting Blogs: The Campaign Finance Law of Unintended Consequences | Brennan Center for Justice

The U.S. Chamber of Commerce plans to spend $100 million to influence this year’s elections, and it will do anything to make sure no one knows where it gets its money from. In March, a federal judge issued a decision concerning a type of political ad that the Chamber has used heavily in its attempts to influence elections, called “electioneering communications.” The decision requires that any group (or individual) that runs electioneering communications must disclose its donors. Advocates of transparency in elections praised the ruling, hoping it would increase the disclosures that allow voters to evaluate the messages they are being bombarded with this election. But the Chamber is defiant. It has announced that it will switch from using electioneering communications to another type of ad, called “independent expenditures,” which still allow spenders to avoid disclosing donors.

Voting Blogs: Super PACs, “Shadow Super PACs” and the Avalanche of Money | Campaign Legal Center Blog

Super PACs are a blight on America’s political landscape.  They provide a means for very wealthy individuals and corporate special interests to evade anti-corruption laws that have been on the books for decades.  The courts have long recognized that large contributions to political candidates can corrupt and reduce public confidence in our democratic system.  So courts have upheld limits on how much individuals may contribute to candidates, as well as outright bans on corporate and union contributions to candidates.  But today, Super PACs are operating as de facto campaigns unrestricted by such limits. Super PACs have the ability to both distort the political process and to affect the outcome of a federal election.  Super PAC spending buys access and influence for the Super PAC funders.

Editorials: ‘Anything goes’ now in campaign financing? | San Francisco Chronicle

Is it “anything goes” now in America’s campaign finance system? John Edwards is acquitted of using campaign cash as hush money. There’s an explosion of high-dollar super political action committees in the presidential race. It’s all stoking criticism of revisions and regulatory loopholes in a system that was intended to keep better control of political money after Watergate. Loosening the law has made it easier for politicians to butt up against the legal line — if not cross it — and for wealthy Americans to influence who wins office, from the White House on down.

Editorials: An end run around campaign finance laws | The Washington Post

To grasp the clear and present danger that the current flood of campaign cash poses to American democracy, consider the curious case of Post Office Box 72465. It demonstrates that the explosion of super PAC spending is only the second-most troubling development of recent campaign cycles. Box 72465, on a desert road near Phoenix, belongs to a little-known group called the Center to Protect Patient Rights. According to reports by the Center for Responsive Politics and the Los Angeles Times, the center funneled more than $55 million to 26 Republican-leaning groups during the 2010 midterm election. Where is the money from? The Times found links to the conservative Koch brothers, yet because the center is a nonprofit corporation, it is impossible to know. Such groups must disclose how they distribute their money, not who donates to them.

California: Proposition 28 Would Change Term Limit Law | NBC

Proposition 28 on the June ballot would fundamentally change California’s law mandating term limits for members of the state legislature. The measure would increase the length of time that any one elected official could serve in either house of the state legislature to 12 years, up from six in the Assembly and eight in the Senate. It would decrease the total number of years that an official could serve, however, from 14 years to that same 12. Opponents say the initiative would give elected officials – many of whom run from safe seats where they face little opposition – way too much time in a single job. But supporters say Prop 28 would address an unintended consequence of the state’s 22-year-old term limit law: politicians who have little knowledge or experience in their jobs and are continually seeking new elective offices for which to run.

Florida: Part of controversial Florida voter registration law struck down; votor roll purge ordered halted | Bradenton Herald

A federal judge Thursday struck down a key part of Florida’s recently revamped election laws, saying the Legislature’s restrictions have made it “risky business” for third-party groups to register new voters. Hours later, the Justice Department ordered Florida’s elections division to halt a systematic effort to find and purge the state’s rolls of noncitizen voters. Florida’s effort appears to violate both the 1965 Voting Rights Act, which protects minorities, and the 1993 National Voter Registration Act — which governs voter purges — T. Christian Herren Jr., the Justice Department’s lead civil rights lawyer, wrote in a detailed two-page letter sent late Thursday night. State officials said they were reviewing the letter. But they indicated they might fight the Justice Department over its interpretation of federal law and expressed frustration that President Barack Obama’s administration has stonewalled the state’s noncitizen voter hunt for nine months.

Florida: State defends voter roll ‘purge’ after protest from DOJ | CNN

Florida’s proposed elimination of non-U.S. citizens from its voter rolls is necessary to preventing voter fraud, a spokesman for the state’s Division of Elections said Friday after the U.S. Department of Justice called into question the legality of the action. The so-called “voter purge” would remove names from Florida’s voter rolls months before the 2012 presidential election, when Florida will play a key role as a battleground state with a large chunk of electoral votes. In a statement, Chris Cate said the decision to remove names from the list was essential to preventing non-citizens from casting ballots illegally. “The Department of State has a duty under both state and federal laws to ensure that Florida’s voter registration rolls are current and accurate. Therefore, identifying ineligible voters is something we are always doing,” Cate wrote. He added that the action was not meant to prevent minority voters from voting.

Massachusetts: Voter ID bill sidelined in Legislature | WWLP.com

Arguing enhanced efforts to ensure the identity of voters could disenfranchise some people, House Democrats on Thursday agreed to a further study of the issue, disappointing Republican lawmakers who believe their proposal will root out voter fraud. The House voted 104-43 to send the issue to study, including a look at the costs of the proposal, during debate on a $212 million supplemental budget. The vote followed a lengthy debate about voting rights and voter identification. Rep. Viriato deMacedo (R-Plymouth) introduced an amendment to the mid-year spending bill that would require voters to show identification at the polls – a proposal that failed Wednesday when the House passed a package of election reforms. Democrats immediately offered a further amendment to send the idea to study – an oft-used tactic by House Speaker Robert DeLeo’s leadership team that Republicans refer to as an “inoculator” because it prevents a vote on the underlying issue. DeMacedo has filed the bill for the past 12 years.

New Hampshire: Voter ID plan would take effect in fall, with tighter restrictions later | NashuaTelegraph.com

A new legislative compromise would ask all voters to show a photo identification card before casting ballots in state elections starting this fall. Those voters without an ID would still be able to vote without having to fill out any additional paperwork, but a different, voter ID law would kick in after July 1, 2013. Negotiators literally split this one down the middle creating the legal scheme for 2012 the Senate wanted and then more rigorous voter ID requirements later, which was the desire of House Speaker William O’Brien, R-Mont Vernon.

Texas: Republicans and Democrats use different voting machines in Williamson County primaries | statesman.com

A split between Williamson County Democrats and Republicans during primary voting has been behind slow election night returns in the past, but they weren’t at fault Tuesday. A Democratic poll worker forgot to take a memory card out of a voting machine in Florence, authorities said, delaying final results until about 12:30 a.m. Wednesday. Officials had already counted the rest of the votes from Democrats and Republicans by 10:15 p.m., said Rick Barron, the Williamson County election administrator. Because of differing opinions on voting security, Republicans and Democrats use separate voting machines in the primary, and that can slow down the counting process, Barron said. The different methods and some equipment glitches slowed down results in the 2010 primary, he said, and could delay results in the future.

Wyoming: Fremont County protests fees in voting rights case | trib.com

Fremont County is balking at paying legal fees for a group of American Indians whose court challenge forced the county to abandon its system of at-large voting for commissioners. Five members of the Northern Arapaho and Eastern Shoshone tribes won a ruling from U.S. District Judge Alan B. Johnson of Cheyenne in 2010 that at-large voting in the county violated the federal Voting Rights Act by diluting the Indian vote. A federal appeals court early this year rejected Fremont County’s appeal. On appeal, the county didn’t contest Johnson’s finding that at-large voting violated the law. Instead, it challenged the judge’s rejection of its proposals to remediate the violation by creating a single, Indian majority district centered on the Wind River Indian Reservation while continuing with at-large voting in the rest of the county. In rejecting the county’s plans, Johnson wrote that they “appear to be devised solely for the purpose of segregating citizens into separate voting districts on the basis of race without sufficient justification, contrary to the defendants’ assertions.”

The Voting News Daily: Citizens: Speech, no consequences, Edwards case may have little effect on campaign finance

Editorials: Citizens: Speech, no consequences | Richard L. Hasen/Politico.com You’ve got to feel bad for the rich and powerful in America. The U.S. Chamber of Commerce and a variety of big business groups say if Congress goes back to letting the American people know who is behind campaign attack ads, businesses will face the “palpable” threat of “retaliation” and “reprisals.” Former Federal…

Editorials: Citizens: Speech, no consequences | Richard L. Hasen/Politico.com

You’ve got to feel bad for the rich and powerful in America. The U.S. Chamber of Commerce and a variety of big business groups say if Congress goes back to letting the American people know who is behind campaign attack ads, businesses will face the “palpable” threat of “retaliation” and “reprisals.” Former Federal Election Commission Chairman Bradley Smith warns in The Wall Street Journal that boycotts based on political beliefs — made possible by the public disclosure of campaign finance data — “endanger the very commerce that enriches us all.” Even the chief justice of the United States, John Roberts, apparently is being “intimidated” (Kathleen Parker), “pressured” (George Will) and “threatened” (Rick Garnett) by that most powerful force in America (law professor and New Republic legal editor) Jeffrey Rosen. On the right these days, the rhetoric is all about a liberal siege. Despite Republicans’ majority in the House, its filibuster power in the Senate, a sympathetic Supreme Court and the great power of business groups — the language of threats is pervasive. But look beyond the rhetoric and you can see what’s really going on: Those with power want to wield it without being accountable for their actions.

National: Edwards case may have little effect on campaign finance | The Charlotte Observer

Edwards case complained that he was prosecuted under a “novel” view of campaign-finance law. Apparently, it was so new jurors couldn’t agree on what it was and whether Edwards broke it. Now the murky conclusion of the jury’s deliberations – acquittal on one count, no unanimous agreement on the remaining five – leaves it equally unclear whether the case will change how campaign contributions and expenses are defined and reported going forward. Edwards was accused of receiving excessive contributions from two benefactors to hide his mistress, and failing to report the money as campaign contributions. At least some jurors accepted his defense that the monies were gifts to help with a personal situation and were not campaign contributions. Experts in campaign-finance law are divided about whether the trial will stand as an isolated event or one that will widen the definition of a campaign contribution.

National: Buddy Roemer quits 2012 race | Politico.com

Former Louisiana Gov. Buddy Roemer announced in a statement this morning that his quixotic independent campaign for president has come to an end. After failing to get access to the GOP primary debates last year, Roemer had decided to run as an independent and seek the Reform Party and Americans Elect nominations. Then, Americans Elect folded earlier this month, while Roemer continued to struggle to draw attention and interest to his campaign. In his statement, Roemer said he would create a new organization — details TBD — focused on his core issue of getting corporate and special interest money out of politics.

California: Riverside County’s voting machines being used for spare parts | The Desert Sun

The roughly 3,700 electronic voting machines owned by Riverside County are locked in a warehouse, being scavenged for parts, with no plans to sell the multimillion-dollar equipment that was rendered idle by the stroke of a pen more than five years ago, a county official confirmed Wednesday. In August 2007, California Secretary of State Debra Bowen decertified e-voting units in use in counties throughout the state following a series of security tests that revealed vulnerabilities in the machines that could leave them open to computer hack attacks. At the time, Riverside County’s Sequoia AVC Edge voting machines had been used in elections going back to 2000. County supervisors universally lauded e-voting, calling the practice a great time-saver with less risk for the type of errors that came to light in Florida following the 2000 presidential election. Members of election integrity group Save-R-Vote of Temecula Valley, a staunch opponent of e-voting, forecasted Bowen’s decision, with the head of the organization, Tom Courbat, recommending that the county sell its Sequoia units for pennies on the dollar to cut its losses. He was ignored.

Florida: DOJ eyes Florida voter roll purge of non-U.S. citizens | Politico.com

A top lawyer for the Justice Department’s civil rights division wants Florida officials to explain why they’ve unilaterally decided to purge the state’s voter rolls of non-U.S. citizens just months before a key primary in the 2012 elections — an apparent violation of provisions in the landmark Voting Rights Act. In a two-page letter, T. Christian Herren, chief lawyer for Justice’s Voting Rights division, told Florida’s secretary of state that officials’ decision to comb the rolls for foreign nationals was launched without consulting Attorney General Eric Holder or asking permission from a federal court, long-standing requirements under Section 5 of the Voting Rights Act.  Further, Herren writes, the state hasn’t officially justified why it launched the scrub, which activists say is haphazard, subjective and disproportionately hurts minority voters. At the same time, the practice is happening less than 90 days before an upcoming statewide election, which “appears to violate the National Voter Registration Act,” Herren said.  “Please advise whether the state intends to cease the practice … so the [Justice Department] can determine what further action, if any, is necessary.”

Florida: Justice Department Demands Florida Stop Purging Voter Rolls | TPM

The Justice Department sent a letter to Florida Secretary of State Ken Detzner Thursday evening demanding the state cease purging its voting rolls because the process it is using has not been cleared under the Voting Rights Act. DOJ also said that Florida’s voter roll purge violated the National Voter Registration Act, which stipulates that voter roll maintenance should have ceased 90 days before an election, which given Florida’s August 14 primary, meant May 16. Five of Florida’s counties are subject to the Voting Rights Act, but the state never sought permission from either the Justice Department or a federal court to implement its voter roll maintenance program. Florida officials said they were trying to remove non-citizens from the voting rolls, but a flawed process led to several U.S. citizens being asked to prove their citizenship status or be kicked off the rolls.

Florida: Limits on voter registration drives blocked | necn.com

A federal judge on Thursday temporarily blocked parts of Florida’s new election law that places restrictions on voter registration drives, saying the provisions were harsh and impractical and imposed requirements that served little — if any — purpose. U.S. District Judge Robert Hinkle ruled the League of Women Voters of Florida and other two groups challenging the provisions are likely to prevail in arguing the restrictions violate constitutional voting rights. One of the blocked provisions requires groups or individuals signing up voters to submit their registration forms to election officials within 48 hours of collecting them. The previous law allowed up to 10 days. Others impose what the judge called “burdensome record-keeping and reporting requirements.” “Allowing responsible organizations to conduct voter-registration drives — thus making it easier for citizens to register and vote — promotes democracy,” Hinkle wrote. Deirdre Macnab, the president of the League of Women Voters of Florida, said the group wants to study the ruling before deciding whether to resume registration efforts. The ruling did not block other parts of the third-party voter registration section.

Florida: Victory for voting rights groups as judge blocks key sections of new Florida law | guardian.co.uk

Voting rights groups are celebrating a significant victory against what they claim is the pernicious spread of anti-democratic legislation across America after a federal judge in Florida blocked key sections of a new state law that discourages voter registration drives. Judge Robert Hinkle slapped down two of the most hotly contested elements of the new law, HB 1355, which he condemned in scathing terms (pdf). He said that a requirement to deliver voter registration applications to a state office within 48 hours was “harsh and impractical”. Hinkle also heavily criticised Florida’s imposition of a new form that warns volunteers seeking to register new voters that they face five years in prison if they submit applications including any false information. The judge pointed out that the warning was legally incorrect and concluded that it could only be an attempt on the part of the state of Florida to “discourage voluntary participation in legitimate, indeed constitutionally protected, activities”.

Kansas: Judges will now draw Kansas political districts | KansasCity.com

Now it’s federal judges who are racing the clock. With the Aug. 7 primary election looming, a panel of federal judges will try to do in a few weeks what the Kansas Legislature couldn’t in three months: draw new election districts. The three judges — Kathryn Vratil, Mary Beck Briscoe and John Lungstrom of U.S. District Court in Kansas City, Kan., — on Wednesday concluded a two-day hearing that examined the Legislature’s unsuccessful efforts to redraw election districts for Congress, the state House and Senate, and the Board of Education. The Legislature met for 99 days and couldn’t come up with district maps to account for population shifts reflected in the latest census. As a result, the court is doing the job.

Maryland: Civil penalty adds to fallout from Maryland robo-call case | The Washington Post

If criminal convictions were not enough, add $1 million in civil penalties to the list of reasons Maryland politicos may think twice about ordering another election-night robo-call that could be viewed as trying to suppress voter turnout. A federal judge on Tuesday sided with Maryland Attorney General Douglas F. Gansler and ordered that a consultant to former Gov. Robert L. Ehrlich Jr. (R) should pay for each of 112,000 automated phone calls that failed to identify Ehrlich’s campaign as the one that paid for the messages. The calls were placed to homes of tens of thousands of African American Democrats in Prince George’s County and Baltimore on Election Day 2010. They told listeners to “relax” and to not worry about going to the polls, because the incumbent, Gov. Martin O’Malley (D), and President Obama had already been “successful” in the day’s voting.

Minnesota: Lawsuit may halt November Voter ID vote | KMSP FOX 9

Many Minnesotans have been deciding whether they are for or against the Voter ID amendment when they head to the polls in November — but a new lawsuit over the language in the amendment may take the question off the ballot. Several local organizations — including the American Civil Liberties Union and the League of Women Voters Minnesota — came forward on Wednesday with a lawsuit that says the language is misleading and inaccurate. They hope the Minnesota Supreme Court will intercede. The exact wording reads as follows: “Shall the Minnesota Constitution be amended to require all voters to present valid photo identification to vote and to require the state to provide free identification to eligible voters, effective July 1, 2013?”

New Hampshire: Voter ID Clears Major Hurdle | Salem, NH Patch

House and Senate negotiators came to an agreement today on a voter ID bill that if passed will go into effect in 15 months. According to chief House negotiator Rep. David Bates, R-Windham, concessions were made by both sides before a compromise was reached. The result, said Bates, was essentially the passing of both versions of the bill. “What’s going to happen now – in order for there to be at least in the Senate’s mind an orderly, trouble-free process – (we’re) going to use the provision of the Senate bill that accepts many, many more forms of identification,” he said. That wide identification acceptance will be used during what Bates called a “transitionary period,” which he said is really just a process to get voters used to the new requirements.  Discretion will also be given to the election official, such as during instances when they know the person voting. “(Voters) will be asked for an ID, but wont be required to have one in order to vote,” Bates said in regard to the upcoming elections.

Ireland: In test for Europe, Ireland votes on fiscal treaty | The Washington Post

Linked by a common currency but not a common economy, the crisis-battered euro-zone nations are facing a pivotal choice: Either move more closely together or risk their currency union breaking apart. But are European voters — some in nations divided by centuries of rivalries — willing to take that leap toward closer integration? The fiercely independent Irish are about to offer a window into the answer. Euro-zone leaders aim to get control of debt crisis: Amid protests throughout the continent against strict austerity measures, European leaders are working on plans to save the euro. From the emerald hills of Donegal to the shores of Cork, the Irish go to the polls Thursday in a referendum on a regionwide fiscal treaty inked in January that would impose strict limits on budget deficits and debt. European governments that ratify the treaty will effectively surrender a measure of sovereignty over two of their most sacred economic rights — how much they can borrow and how much they can spend — to the bureaucrats in the region’s administrative capital of Brussels.

Ireland: Referendum turnout low as voting comes to an end | The Irish Times

Voting to decide if Ireland will ratify the fiscal treaty ended at 10pm with turnout reported as low across the State. With over 3.1 million people entitled to vote in the referendum indications are that only half the electorate chose to go to the polls. The counting of votes will begin at 9am tomorrow and a result is expected by early evening. In the last comparable referendum, the Lisbon treaty in October 2009, the national turnout was 59 per cent but early figures from returning officers today show it will struggle to reach the 50 per cent mark in many areas. With rain across much of the country earlier turnout was standing below 20 per cent at lunchtime in most constituencies however, there was a boost to the figures as people voted after work.

Lesotho: Tom Thabane’s ABC ‘to form coalition’ | BBC

Lesotho’s opposition parties say they have formed a coalition government after Sunday’s inconclusive election. The leader of the All Basotho Convention, Tom Thabane told the BBC that he had reached an agreement with the Lesotho Congress for Democracy and two smaller parties. “We are going to have a vast majority in parliament,” Mr Thabane said. Prime Minister Pakalitha Mosisili failed to win an absolute majority in the weekend parliamentary election.

Mexico: The media and Mexico’s election: The battle of the airwaves | The Economist

With a month to go until the presidential election, Mexicans switching on their televisions and radios can hardly avoid the candidates vying to win their votes on July 1st. In a country with more televisions than refrigerators, dominating the airwaves is crucial to being elected. But ownership of the broadcast media is highly concentrated. Most people get their news through free-to-air television, a duopoly shared by Televisa and TV Azteca. Televisa, with about 70% of the audience, is forever associated in the public mind with the Institutional Revolutionary Party (PRI), which ruled Mexico for seven decades until 2000. In 1990 the network’s chief commented that it was “a soldier of the PRI”. Many suspect that the media are still for hire: Reforma, a newspaper, published receipts last month suggesting that Enrique Peña Nieto, the PRI’s presidential candidate, during his six years as governor of Mexico state spent about $3m for journalistic “mentions” as well as $90m on public information. Mr Peña says the payments were all for legitimate publicity.

Papua New Guinea: PNG Braces For Violent Elections | Epoch Times

Australian and New Zealand troops have been sent to Papua New Guinea as the country prepares for volatile general elections. Both countries have stated they are merely assisting the elections, but reports from Post Moresby suggest they are preparing in the event of a breakdown in social order. “Australian troops are holed up in hotels around Port Moresby Airport,” Denis Reinhardt a former adviser to the Papua New Guinea (PNG) government, said in an email. “In any emergency, the two sites, which would be secured in POM (Port Moresby) would be the Australian High Commission and Jacksons Airport, for evacuations.”

United Kingdom: Politicians fail to attend electronic vote count demonstration in Belfast | BBC

Northern Ireland’s chief electoral officer has said he is disappointed that more politicians did not turn up for a demonstration of how electronic vote counting works. Only two MPs, a few local councillors and not a single MLA attended the event at Belfast City Hall on Thursday. Politicians were critical of counting times in the assembly and local government elections last May. Consultations with the parties on the new system are currently underway. But only two MPs, a handful of local councillors and not a single MLA were at Belfast City Hall for an e-counting demonstration – even though several indicated they would be there.