The Voting News Weekly: The Voting News Weekly September 16-22 2013

detroitRecall elections, formerly a rarity reserved for cases of gross negligence or criminality, have become an increasingly common over the past decades, often driven by specific issues and ideology. Confirming a policy shift with implications for the state’s administration of a separate proof-of-citizenship requirement for new voters, Kansas no longer plans to require people renewing driver’s licenses to produce proof that they are living in the U.S. legally. Extending the life of a nine-year legal challenge to the use of direct recording electronic voting machine, a New Jersey appeals court called further review of the state’s voting system security procedures. Investigating allegations of fraud, Michigan officials continued a recount of last month’s mayoral election in Detroit. South Dakota Secretary of State formed a commission to investigate the use of federal funds for early voting facilities in Native American reservations. Several civil rights groups joined enjoined lawsuits challenging Texas’ voter ID law. The Economist looked laws in several nations that require citizens to vote and Germany heads to the polls in an election with broad implications for Europe.

Arizona: Clean Election Commission asks court to overturn judge’s ruling – quickly | The Verde Independent

Saying a quick answer is needed, the Citizens Clean Election Commission asked the Court of Appeals on Wednesday to overturn a trial judge’s decision allowing candidates to take a lot more money from political supporters. Tom Collins, the commission’s executive director, said his board believes the judge erred in concluding that lawmakers are free to reset the donation limits to whatever they want. The commission believes those limits are linked to the parallel public funding system, which, by virtue of being enacted by voters, is protected from legislative tinkering. Potentially more significant, Collins said last week’s ruling by Maricopa County Superior Court Judge Mark Brain allowed candidates for legislative office to immediately start accepting up to $4,000 from individual donors and political action committees. The old limits — the one Collins is trying to have restored — cap that at $440.

Arkansas: Panel approves rules for voter ID law | Associated Press

Arkansas’ top elections panel on Wednesday approved guidelines for how poll workers should enforce the state’s new voter ID law when it takes effect next year, after it removed a proposal that one member warned could lead to political favoritism. The state Board of Election Commissioners unanimously approved the rules, which closely mirror those outlined in the law passed by the Republican-controlled Legislature in April despite Democratic Gov. Mike Beebe’s veto. Before approving the new guidelines, the panel voted to remove a provision that would have allowed poll supervisors to settle disputes when voters don’t resemble their ID photos. Board member Stu Soffer, who called for the provision’s removal, said the voter ID law didn’t give them the authority to include that step in the rules. He said the voter could cast a provisional ballot even if their identity is challenged, and the final decision could be made by the county election commission.

California: New rules aim for transparency in online campaign material | Los Angeles Times

Under new rules approved Thursday, the state hopes to help Californians determine whether political material they read online is a writer’s own opinion or propaganda paid for by a campaign. Campaigns will now have to report when they pay people to post praise or criticism of candidates and ballot measures on blogs, Twitter, Facebook, YouTube and other websites. “The public is entitled to know who is paying for campaigns and campaign opinions,” so voters can better evaluate what they see on blogs and elsewhere online, said Ann Ravel, who chairs the California Fair Political Practices Commission. Open-government groups endorsed the new rules, which govern “favorable or unfavorable” content — although much of the time that information may come weeks or even months after publication. Bloggers and some others say the rules infringe on free speech. The regulations require disclosure by campaigns that pay someone $500 or more to post positive or negative content on Internet sites not run by the campaigns. In periodic spending reports required by the state, the campaigns would have to identify who was paid, how much and to which website or URL the posting was made.

Florida: State wants to scrub voter rolls again | Highlands Today

Ken Detzner wants to counties to purge voter rolls again. After last year’s fuss, however, Florida’s secretary of state is touring the state to explain Project Integrity. Penny Ogg will listen, but Highlands County’s elections supervisor isn’t convinced another state-led purge is necessary. “Through transparency and the statutory due-process protection afforded to every voter, we can ensure the continued integrity of our voter rolls while protecting the voting rights of eligible voters from those who may cast an illegal vote,” Detzner said in a press release last week. “I am going to the roundtable discussion with Secretary Detzner in Orlando on Oct. 7,” Ogg said. “After that meeting, we hope to have better information regarding this issue since we, as supervisors, have not been given details of how they plan to roll out this new phase.” More meetings are scheduled in Panama City, Jacksonville, Sarasota and Fort Lauderdale. Nearly all the 67 elections supervisors scrapped last year’s purge – requested by Gov. Rick Scott – after they discovered the majority of 2,600 voters flagged by Detzner’s office were eligible. Most were minorities or had Hispanic-sounding surnames. Last year’s Florida crossmatched dataset included the names of naturalized citizens and even some who were born in the U.S.

Michigan: Cost of recounts soars in legislation passed by Michigan House | Detroit Free Press

Asking for a recount of an election could get a whole lot more expensive under a bill passed by the state House of Representatives on Thursday. Currently, a candidate requesting a recount must pay $10 per precinct to get a recount underway. Under the bill passed Thursday on a 95-9 vote, that amount would increase to $25 per precinct. And for candidates who lost by more than 50 votes, it would cost them $125 per precinct if they asked for a recount. The bill was drafted long before the election mess in Detroit, where the votes have been counted multiple times by city, county and state officials.

Ohio: Counties cutting back on polling locations | The Columbus Dispatch

The head of the Licking County Board of Elections knows she’s in for a bumpy November after nearly half of the county’s voting locations were eliminated. “People are going to be upset, and I understand that,” said Director Sue Penick. “But we’re playing with their money and trying to ultimately be fiscally responsible with it. Hopefully, we’ve done that.” Most central Ohio counties have streamlined their precincts in recent years, and Licking County became the latest by announcing on Tuesday that it is eliminating 30 precincts and more than 20 polling locations. The move is expected to save about $20,000. Licking County will go from 125 precincts to 95, and consolidate 47 voting locations into 24 or 26 for the November election. The impetus, besides cost-cutting, was efficiency, Penick said. Seven precincts that served villages with fewer than 200 voters were consolidated into locations that now will serve a village/township split.

Wisconsin: Advocates quietly challenging voter ID law | Florida Courier

The first legal challenge to an elections law under Section 2 of the Voting Rights Act (VRA), since the United States Supreme Court shot down preclearance protections under Section 5 of the VRA in June, is under way with little to no fanfare.  On Nov. 4, 2013, U.S. District Judge Lynn Adelman will hear a challenge to Wisconsin’s voter identification law brought by Advancement Project, a civil rights advocacy group, and pro bono counsel Arnold & Porter. In 2011, the state’s Republican-led legislature passed a law that would require voters to present a government-issued ID in order to cast a ballot in local, state and federal elections. The new measure would have counted Wisconsin among nearly three-dozen states with voter ID laws, according to the National Conference of State Legislatures.

Germany: The SPD election campaign: Getting out lost voters | Policy Network

The Länder election that took place in Bavaria, Germany´s second biggest state, last Sunday added flavour to what was previously a dull election campaign on federal level. According to Allensbach Institute, the share of people talking with others about the election rose from 29% to 49% recently. While the Christian Social Union (CSU) – sister party of Merkel’s Christian Democratic Union (CDU) – came out on top, chancellor Angela Merkel´s coalition partners the Free Democratic Party (FDP), who had also been part of the governing coalition in Bavaria, received only 3.3% of the votes, thus clearly failing to get over the 5% threshold that dictates whether a party can enter parliament. The liberals now fear they could miss entering the federal parliament next Sunday too. This would make Merkel´s “dream coalition” history. The liberals immediately started to aggressively beg for conservative voters to step in and help them. If successful, this strategy would take voters from the CDU/CSU. Indeed, at the Länder election in Lower-Saxony in January, “pity votes” for the FDP prevented a victory for the CDU. Only 8.6% of Bavarians voted for the Greens on Sunday, which is in line with the negative trend in the polls on the federal level that is lowering the prospects for a Red-Green coalition government. Even the “Free Voters of Bavaria” superseded the Greens – a local organised party with a strong base in Bavaria which plays no role on federal level. It will be interesting to see where the votes for the Free Voters move to next Sunday.

Guinea: Guinea opposition leader seeks poll delay, threatens protests | The Star Online

Guinea’s main opposition leader on Thursday threatened to call supporters onto the streets if authorities push ahead with a parliamentary election due on Tuesday without fully addressing complaints over preparations. Cellou Dalein Diallo, leader of the largest opposition party and arch rival of President Alpha Conde, said it would be impossible to fix problems linked to voter lists and polling stations on time so a delay of a few weeks was needed. The poll, meant to cap Guinea’s transition back to civilian rule, has been repeatedly delayed since Conde was elected three years ago, sowing doubts amongst Guineans, investors and donors over political progress in the world’s top bauxite exporter. Dozens of people were killed in protests during months of wrangling over the election earlier this year.

Iraq: Kurds vote for first time in Kurdistan in more than four years | Middle East Online

Iraq’s Kurdish region goes to the polls on Saturday, grappling with a swathe of disputes with the central government while fellow Kurds fight bloody battles across the border in Syria. The legislative election also comes amid questions over the future of the Kurdish nation, spread across historically hostile countries that have more recently either shown a willingness to discuss Kurdish demands, or have suffered instability, allowing Kurds to carve out their own territory. The September 21 vote is the first to be held in Kurdistan, a three-province autonomous region in north Iraq, in more than four years. It will see three main parties jostle for position in the Kurdish parliament, with long-term implications both domestically and farther afield. The Kurdistan Democratic Party (KDP) of regional president Massud Barzani is widely expected to garner the largest number of seats.

Maldives: Supreme Court orders Elections Commission to hand over original voter list | Minivan News

The Supreme Court has ordered the Elections Commission (EC) to hand over the original voter lists of all ballot boxes placed during the recent first round of Presidential Elections held on September 7. A Supreme Court battle between the EC and Jumhooree Party (JP) ensued this week after the latter announced its decision to dismiss the outcome of the presidential poll after narrowly missing out a place in the run-off election with 24.07 percent of the vote. The party accused the EC of electoral discrepancies and irregularities that altered the results of the poll to the JP’s disadvantage.

eSwatini: Voting in a ‘monarchical democracy’ | Al Jazeera

Voters in the tiny mountain kingdom of Swaziland are voting to elect a new parliament in an election dismissed by critics as a rubber stamp for King Mswati III’s absolute rule. About 415,000 of the country’s 1.2 million citizens are registered to cast their ballots for 55 parliamentarians on Friday. However, of the 65 seats in the parliament, 10 are allocated by the king when he selects his cabinet and prime minister. Political parties are not formally banned, but are restricted, and the  country remains sub-Saharan Africa’s last absolute monarchy. Election candidates are hand-picked locally by traditional chiefs, who are loyal to the king. Mswati holds ultimate sway over the government: he can veto new laws, dissolve parliament and may not be sued or charged.  Opposition groups including the banned Pudemo party and South Africa-based Swaziland Solidarity Network have called for a boycott of the poll. The king recently described the system as a “monarchical democracy”.

California: State Gives Expanded Rights to Noncitizens | New York Times

California is challenging the historic status of American citizenship with measures to permit noncitizens to sit on juries and monitor polls for elections in which they cannot vote and to open the practice of law even to those here illegally. It is the leading edge of a national trend that includes granting drivers’ licenses and in-state tuition to illegal immigrants in some states and that suggests legal residency could evolve into an appealing option should immigration legislation fail to produce a path to citizenship. With 3.5 million noncitizens who are legal permanent residents in California, some view the changes as an acknowledgment of who is living here and the need to require some public service of them. But the new laws raise profound questions about which rights and responsibilities rightly belong to citizens over residents. “What is more basic to our society than being able to judge your fellow citizens?” asked Jessica A. Levinson, a professor at Loyola Law School, referring to jury service. “We’re absolutely going to the bedrock of things here and stretching what we used to think of as limits.”

National: The Recall Is the New Normal: The Rise of the Permanent Campaign | Pacific Standard

Last week, in a first for the state of Colorado, two state legislators were recalled by their constituents. Senator Angela Giron (D-Pueblo) and Senate President John Morse (D-Colorado Springs) were sent packing in large part due to their votes in favor of new gun laws passed and signed into law earlier this year. As I’ve noted elsewhere (here and here), recall elections are a rarity in the United States, but they’re becoming increasingly common. There have only been 38 state legislative recall elections since states first began adopting the procedure in 1908. Seventeen of those—nearly half—have occurred just since 2010. And some of them, particularly the recent Colorado ones, would have to be labeled as political successes for their backers. A vocal and passionate minority (in this case, gun owners) wanted to punish some lawmakers for their votes and send a message of intimidation to others. They did that. My guess is that the recall will only become more popular in the coming years. Now, I remember quite a few people predicting the same thing after the successful 2003 recall of California Governor Gray Davis. In fact, it would be another five years before anyone would attempt to recall a state legislator, and another three years after that until an attempt to unseat another governor. Why would it not catch on then but catch on now?

National: Tea party wants socialist treatment | Politico.com

A national tea party group is asking for permission to keep their donors secret — just like the socialists. Citing a long litany of harassment examples, the Tea Party Leadership Fund is asking the Federal Election Commission for the same right granted to the Socialist Workers Party to shield the names and information of their donors from the public. In a new request to the FEC shared with POLITICO, the group argues that tea party donors and activists are being targeted for harassment by government officials and private groups — and they cite derogatory comments by politicians and overbearing government investigations as evidence. “Nobody likes the communists and really for good reason,” said Dan Backer, the attorney for the group who wrote and filed the complaint. But, Backer said, the same legal principle that grants left-wring groups the right to hide their donors should also cover tea party groups. “As we very thoroughly document at almost three times the length of the socialist request, tea party supporters are subject to an unprecedented level of harassment and abuse,” Backer said. If the tea party request is granted, the decision could open the floodgates to outside groups, candidates and political parties who want to hide their donors with the government’s blessing. “This will be the beginning of a conversation about the burdens and the perils of disclosure,” Backer predicted.

Kansas: Proof-of-citizenship law top reason voters on hold | Associated Press

Four times as many prospective Kansas voters have their registrations on hold for failing to meet a proof-of-citizenship requirement than for all other reasons combined, state statistics show. Kansans with registrations on hold can’t legally cast ballots. A law that took effect in January requires new Kansas voters to produce a birth certificate, passport or other papers documenting their U.S. citizenship, but election officials also put registrations on hold for other reasons, such as when people fill out registration forms improperly or register before turning 18. Kansas had about 21,300 voter registrations on hold this week, and more than 17,100 — 80 percent of the total — were for people who hadn’t met the proof-of-citizenship requirement. The secretary of state’s office provided the figures to The Associated Press.

Michigan: 3 men to be charged with illegal possession of absentee ballots | Detroit Free Press

Three men, including a Hamtramck City Council candidate in August’s primary election, are being charged with returning absentee ballots that did not belong to them, state Attorney General Bill Schuette and Secretary of State Ruth Johnson’s offices announced today. Hamtramck Deputy City Clerk August Gitschlag told authorities that three people had delivered multiple absentee ballots to City Hall in violation of state election law, which says those in possession of ballots must be the voter, a relative, mail carrier or authorized official.

Montana: Judge rules campaign disclosure law constitutional | The Missoulian

A federal judge ruled Tuesday that Montana’s requirement that political committees disclose their campaign spending is constitutional. U.S. District Judge Dana Christensen sided with the state in a new decision, and dismissed a case brought last year by the National Association for Gun Rights. He wrote that the public’s right to know who is financing political campaigns vastly outweighs the minimal burden imposed on committees required to report the information. The Virginia nonprofit organization originally argued it wanted to send political mailings on gun issues without registering as a political committee. The organization said it advances the “God-given right” to keep and bear arms.

New Jersey: Donors’ Funds Sidestep Law, Aiding Christie | New York Times

In early May, Gov. Chris Christie arrived at the Liberty National Golf Course in New Jersey for a political fund-raiser. Donors, many of them longtime backers of his, enjoyed hors d’oeuvres and views of the Lower Manhattan skyline while he spoke of the important work to be done on issues like jobs and the economy. Not a single check was written to Mr. Christie’s campaign. Indeed, some of those in attendance were legally prohibited from doing so, because they had sizable contracts with state agencies and were therefore barred by New Jersey law from making large contributions to the governor. Instead, the donors wrote checks for as much as $100,000 to the Republican Governors Association, an organization Mr. Christie helps lead that has collected $1.65 million from New Jersey donors during the first six months of the year. The association has, in turn, poured $1.7 million into Mr. Christie’s re-election effort, with television advertisements attacking State Senator Barbara Buono, his Democratic opponent in the election this year.

South Carolina: Strong Mayor Vote Bumped to December | Free-Times.com

After more than three hours of debate and public comment at a special meeting Wednesday night, Columbia City Council voted 4-3 not to put a strong mayor referendum on the November ballot. Instead, they’ll hold a special election Dec. 3 — but only if and when they receive a certified petition from the Richland County Election Commission. Petition gatherers presented a petition calling for a referendum to the election commission last Tuesday, but the commission hasn’t yet certified it. Councilman Sam Davis was the swing vote last week to give initial approval to a November vote, but said he’d only give it final approval if the petition was certified.

South Dakota: Task force to examine voting | The Argus Leader

Secretary of State Jason Gant will convene a task force this fall to consider possible changes to the state plan under the Help America Vote Act. The decision to name a task force comes after Gant and the Board of Elections deflected a request to establish in-person absentee voting and voter registration stations in three predominantly Native American communities. In his release announcing the task force, Gant said that issue and others could be addressed by the task force. The news release said Gant hoped the group would “strive for uniformity in our election system across all South Dakota counties.” Earlier this summer, voting rights group Four Directions asked the state’s Board of Elections to approve a request to place absentee voting stations in Wanblee, Eagle Butte and Fort Thompson. Four Directions Executive Director OJ Semans noted the state still had about $9 million in HAVA funds, money that Congress appropriated to states to modernize voting equipment and procedures following the controversial presidential election of 2000. Semans estimated the request would cost the state $50,000 per election cycle.

Virginia: Felons slow to seek restoration of rights | The Free Lance Star

Some 350,000 convicted nonviolent felons became eligible to have their civil rights restored on July 15. Two months later, only a small fraction of those eligible know about the policy. Even fewer have applied. Gov. Bob McDonnell issued an executive order that eliminated a two-year waiting period before an application could be filed to restore rights. Now, a nonviolent felon who has completed all court-ordered conditions can apply and be automatically approved. What this means is that eligible individuals need only register with the Secretary of the Commonwealth via mail, email or phone to have their rights to vote, serve on a jury and work as a notary public restored. Organizations that are spreading the word about the change say that reaching those who are eligible is easier said than done. “Virginia only has the names of people currently incarcerated, but not those who have been released. They don’t know where these people are,” said Ladelle McWhorter of Virginia Organizing, a non-partisan grass-roots group. “The thing that [the governor’s office needs] is for people to come forward.”

Editorials: Wisconsin’s Anti-Voting Law Heads to Federal Court | Penda D. Hair/Huffington Post

With deceptively little fanfare or attention, a federal judge in Wisconsin is poised to preside over the first trial challenging a photo ID law under Section 2 of the Voting Rights Act. On Nov. 4, 2013, U.S. District Judge Lynn Adelman will hear a challenge brought by Advancement Project and pro bono counsel Arnold & Porter to the state’s 2011 restrictive law. The lawsuit hinges on Section 2 of the Voting Rights Act, which bars racially discriminatory voting practices. The statute is taking on increased importance in the wake of the Supreme Court’s June 2013 decision in Shelby County v. Holder, in which the court blocked preclearance protections under Section 5 of the law. The Wisconsin trial is noteworthy for several reasons. First, as the leading democracy of the world, the U.S. should work to keep our voting system free, fair, and accessible to all Americans. Yet, Wisconsin is one of dozens of states pursuing restrictive voter laws that block some eligible Americans from voting, denying them the opportunity to participate equally in our democracy. Wisconsin’s photo ID law is one of strictest in the country. If the law is allowed to go back into effect, it stands to turn back the clock on Wisconsin’s historically strong protection of voting rights.

Afghanistan: Gunman kills provincial election official days after start of campaign season | Associated Press

A gunman killed the head of a provincial election commission in northern Afghanistan on Wednesday, officials said. The shooting came as Afghanistan’s campaign season started this week, with authorities accepting candidate nominations for presidential and provincial elections next spring. The man slain in Wednesday’s attack, Amanullah Aman, is believed to be the highest-ranking election official to be killed in Afghanistan since the Taliban government was ousted in 2001. The Taliban claimed responsibility for the attack.

Australia: Queensland voter ID plan sparks claims Indigenous electors would be shut out | theguardian.com

More than 40,000 marginalised people in Queensland, particularly Indigenous people, the disabled and elderly, could be shut out of the democratic process due to the state’s planned “onerous” voter ID laws, community groups have warned. In a an open letter to Queensland attorney-general Jarrod Bleijie, the groups warn that the proposal “unnecessarily restricts Queenslanders’ voting rights” and could disenfranchise those who do not have the required identification documents. The Queensland government plans to introduce the law – which applies only to state polls – before the 2015 state election, meaning Queensland would become the first state or territory in Australia to require that voters show identification at the polling booth.

Germany: Senegal-born chemist hopes to be first black German MP | Reuters

More than two decades after two far-right youths attacked him there and smashed his glasses, Karamba Diaby hopes to represent the economically ailing east German city of Halle as the first black member of Germany’s parliament. Senegal-born Diaby often felt isolated as a student at Halle University in then-communist, and overwhelmingly white East Germany in the 1980s. Nowadays he feels very much at home but says Germany still needs to do better at integrating foreigners. “There is definitely some catching up to do,” Diaby, a candidate for the main center-left opposition Social Democrats (SPD) in Sunday’s national election, told Reuters. Diaby, 52, is clearly frustrated that media attention has focused on his skin color, not his politics. “If it’s so sensational that I am running for the Bundestag (lower house), after living here for 27 years, studying here and being politically active, that’s because it has dawned on people that this hasn’t happened before,” he said.

Maldives: Fate of Maldives presidential polls to be decided by Supreme Court | The Economic Times

The fate of the first round of presidential elections in the Maldives, won by former President Mohamed Nasheed, would be decided by a full bench of the Supreme Court which started hearing the matter, media reports said here. A full bench of seven judges has admitted the plea of the Jumhooree Party seeking annulment of presidential elections and conducted its first hearing yesterday. The hearing will continue today, local media said. The Jumhooree Party (JP) whose candidate Gasim Ibrahim missed the second round, scheduled on September 28, by a whisker has alleged irregularities in the voters’ list and requested the apex court to annul first round of elections. Business tycoon Ibrahim’s running mate and former Attorney General Hassan Saeed alleged that voters’ list included bogus voters, repetition of names and inclusion of dead voters in the list.

Rwanda: President Kagame’s Rwandan Patriotic Front party wins majority of seats in parliament | Associated Press

President Paul Kagame’s ruling Rwandan Patriotic Front party has won the majority of seats in parliamentary elections, an election official said. The election was free and fair, the head of the Rwandan Electoral Commission Kalisa Mbanda said late Tuesday, even though human right groups said opposition parties not allied to the Kagame’s RPF did not have fair conditions. The RPF won 40 of the 53 seats open to political parties. Rwanda’s lower house has 80 members but 27 seats are reserved for women, people with disabilities and the youth. Monday’s elections were Rwanda’s third legislative polls since the 1994 genocide that claimed the lives of more than 500, 000 Tutsis and moderate Hutus. Kagame led the Rwandan Patriotic Front to victory in Rwanda in 1994, ending the genocide and since then the RPF has dominated politics in Rwanda.

Kansas: State won’t require citizenship proof for driver’s license renewals | Topeka Capital-Journal

Kansas no longer plans to require people renewing driver’s licenses to produce proof that they are living in the U.S. legally, Revenue Secretary Nick Jordan said Monday, confirming a policy shift with implications for the state’s administration of a separate proof-of-citizenship requirement for new voters. Jordan said in an interview with The Associated Press that the Department of Revenue, which oversees licensing, will develop a program in coming months in which drivers renewing their licenses can voluntarily present birth certificates, passports or other citizenship documents and have it noted on their licenses. Kansas law already requires people obtaining a new license to provide proof of their lawful residency. State officials previously had planned for such a requirement to be extended to all license renewals under a 2005 federal anti-terrorism law designed to make states’ licenses more secure. But federal officials recently declared that Kansas is among 20 states complying with the federal statute, even without requiring proof of legal residency to renew a driver’s license.