Monthly Archives: October 2013

Say you owned a business, and found out one of your employees was taking money out of the cash register and spending it on questionable ventures without telling you. You’d fire him, right? It’s a pretty clear-cut case of right and wrong. Now imagine that you aren’t allowed to know whether that employee is taking money out of your profits, or where the money is going. Sound unfair – and like a bad way to run a business? Sadly, that’s the case for shareholders – owners of the largest corporations in America – who’d like to know how their profits are being spent on political causes. Now Sens. Robert Menendez (D-N.J.) and Elizabeth Warren (D-Mass.) are holding a briefing to explain why shareholders’ need this information in their hands.

Editorials: Connecticut judge keeps candidates on ballot who had been thrown for a filing technicality | Hartford Courant

A judge’s decision to keep candidates of “Save Westport Now,” a minor party, on the November ballot rings the bell for democracy, giving that town’s voters greater choice. Stamford Superior Court Judge Kenneth Povodator’s ruling is a welcome precedent for at least a dozen other Connecticut cities and towns where third-party candidates have been thrown off municipal election ballots because of a filing technicality. Those candidates should be restored to the ballot, too. In East Hampton, for example, the Chatham Party’s 16 candidates — including four incumbents who make up the town council majority — have been disqualified and are forced to run write-in campaigns. That’s a travesty.

Florida: Democrats say Scott’s latest voter purge driven by politics | Miami Herald

Democratic National Committee Chair Debbie Wasserman Schultz and Florida Democratic Party Chair Allison Tant said it was pure politics that was driving Gov. Rick Scott to push for a second purge of non-citizens from voter rolls. “What I say to Rick Scott is if your victory depends on a voter purge, then you’re not fit to govern and you don’t deserve a second term,” Wasserman Schultz said. “This is all about suppressing minority voters and shows how out of touch he is,” Tant said. The comments were made during a Thursday morning conference call with reporters about two hours before Scott’s Secretary of State, Ken Detzner, held the first of five public meetings with supervisors of elections and voters from around the state to discuss how the next purge will be conducted. A first attempt to remove non-citizens last year was impaired by faulty data that disqualified some eligible voters while identifying few actual non-citizens. The state’s list of suspected non-citizens shrank from 182,000 to 198 before supervisors suspended their searches, blaming shoddy data.

Virginia: Democrats Sue Governor, Cuccinelli; Claim Voter-Roll Purge | NBC4

In the wake of a lawsuit filed by Democrats over the purging of names from Virginia voter registries, a Loudoun County registrar has been ordered to purge names from her county’s list by the end of the week. Virginia Democrats filed a federal lawsuit Tuesday against Republican Gov. Bob McDonnell and Attorney General Ken Cuccinelli, accusing them of purging — possibly in error — thousands of voters from registration lists. The Democratic Party of Virginia is accusing election officials, including Cuccinelli, of pressing forward with a plan to potentially purge up to 57,000 registered voters because an interstate database shows them registered in multiple states. The voter list was sent out from the State Board of Elections in late August, developed using a data exchange with some other states. The 57,000 names are those of voters who are registered in more than one state. Fairfax County immediately started to purge based on the list, and of the 7,934 names they were given, 7,106 were purged.

Australia: Greens Senator Scott Ludlam appeals WA Senate recount refusal | Sydney Morning Herald

Ousted Greens Senator Scott Ludlam has not given up hope of winning back his West Australian seat, confirming he has appealed the Australian Electoral Commission’s decision to refuse his requests for a recount. “I think there’s a question of natural justice here,” Senator Ludlam told ABC radio on Friday. “The AEC should automatically support a recount as they do in the House [when fewer than 100 votes separate candidates].” On Friday morning, the AEC decided to postpone the declaration of the WA Senate poll until further notice, in light of Senator Ludlam’s appeal. The declaration had been due to take place at 1.30pm AEST on Friday. A senate result recount, which hasn’t occurred since the 1980 federal election, is estimated to cost $1 million.

El Salvador: Candidates Begin Presidential Campaign in El Salvador | Prensa Latina

Presidential candidates for the 2014 elections in El Salvador started their campaigns and set the tones of their proposals and messages to the population. The race for the citizen vote started with diverse activities organized by the parties, two of them out of the capital city. In San Salvador, Sánchez Cerén y Oscar Ortiz, presidential and vice-presidential candidates of the Farabundo Martí National Liberation Front (FMLN), walked around important avenues of the city, surrounded by thousands of supporters. “We will have a respectful campaign and we ask the other candidates to respect us”, said Vice president Sánchez Cerén.

Guinea: Opposition quits electoral commission, rejecting early vote count | Reuters

Guinea’s opposition parties pulled their delegates out of the national electoral commission on Thursday after rejecting some provisional results from Sunday’s parliamentary election, meant to cap a transition to democracy. The National Electoral Commission (CENI) began announcing election results on Wednesday, with President Alpha Conde’s ruling RPG party taking an early lead in several districts. But the opposition said it had won the Dubreka district, about 50 km (30 miles) from the capital Conakry. “We won Dubreka and categorically reject the results announced by the CENI yesterday,” said former prime minister Sidya Toure, leader of the opposition UFR party. He said the opposition was withdrawing its observers from the center where votes were slowly being tallied, saying their presence was serving no purpose. “They were not even allowed to speak,” Toure said.

North Carolina: What the Federal voting rights lawsuit could mean for North Carolina | Facing South

Yesterday U.S. Attorney General Eric Holder formally announced his plans to sue the the state of North Carolina for passing what many civil rights advocates have called the worst voter suppression law in the nation. Holder is filing suit under Section Two of the Voting Rights Act, which prohibits denying or abridging voting rights for people of color. Holder is also requesting a federal court to enter the state of North Carolina into preclearance oversight under Section Three of the law. If the Justice Department’s suit is successful, the state’s new preclearance status will mean it will have to submit any election changes to the federal government for review to ensure no racial discrimination will result before they can be applied.

Editorials: It’s Not Citizens United | Charles Fried/New York Times

On Tuesday the Supreme Court is scheduled to hear arguments in McCutcheon v. Federal Election Commission, potentially the most significant federal campaign finance case since Citizens United in 2010. But while the court in Citizens United struck down — correctly, in my opinion — limits on independent campaign spending by individuals or organizations, the McCutcheon case is an attack on limits that should not be struck down: those on contributions made directly or indirectly to political candidates. The McCutcheon case was brought by the Republican National Committee and a contributor, Shaun McCutcheon. If they succeed, individuals will be able, in effect, to direct unlimited amounts of cash to the election campaigns of federal candidates — inviting corruption or the appearance of corruption, which the Supreme Court has consistently held justifies contribution limits. (I have filed an amicus brief in this case on behalf of Americans for Campaign Reform.)

Editorials: Eric Holder’s Big Voting-Rights Gamble | Abby Rapoport/The American Prospect

Just about everyone who goes through a musical-theater phase at some point falls in love with Sky Masterson of Guys and Dolls. In the movie version, Marlon Brando plays the gambler who will wager “sky high” stakes and finds himself singing “Luck Be a Lady” while rolling the dice to see if he gets the girl. Going all in may be what you’d expect in a fictional singing crapshooter, but it’s a bit more surprising in a U.S. attorney general. Eric Holder’s announcement Monday that the Justice Department was going to bring a lawsuit against North Carolina’s new and wide-sweeping election law, which includes a laundry list of voter restrictions and changes making it harder to vote, showcases just how high he’s willing to make the stakes when it comes to voting rights. His department is now going to be litigating two high-profile cases—one against a voter-ID law in Texas, and the other against the omnibus bill in North Carolina. The DOJ is also involved in a case to show that Texas’s redistricting maps intentionally discriminated. Some legal advocates say he’s taking the only logical course of action. Others say he’s going double or nothing.

Editorials: Prison-Based Gerrymandering | New York Times

The Census Bureau has steadfastly resisted calls to end the practice of counting inmates as “residents” of their prisons instead of the cities and towns where they lived and to which they typically return. The bureau’s new director, John Thompson, seems at least open to ending this wrongful practice. Counting inmates at their correctional institutions encourages prison-based gerrymandering, by which state lawmakers draw legislative districts that consist partly or even mainly of prison populations, even though inmates are denied the right to vote in all but two states. This enhances the political power of the mainly rural districts where prisons are built and undercuts the influence of the urban districts where many inmates came from.

Arizona: Group opposing voter referendum on new election law wants some signatures tossed | Associated Press

A group supporting a sweeping new Republican-backed election law wants the Secretary of State’s office to invalidate some petitions demanding a voter referendum. Wednesday’s letter from lawyers for a group calling itself Stop Voter Fraud demanded that Secretary of State Ken Bennett throw out signatures on petitions collected by four circulators because they’re allegedly felons. Bennett spokesman Matt Roberts said the Secretary of State by law can’t toss the petitions. “They’re asking us to do things that we’re not statutorily able to do,” Roberts said. “Usually these things move through the courts and I expect this to be no different.” The bill was backed by Republicans and passed in the last hours of the legislative session in June over the opposition of Democrats. They called it a thinly veiled effort to keep Republicans in power by creating new hurdles for low-income voters and some candidates.

California: Halting of Palmdale election may have implications for other cities | Los Angeles Times

A judge’s halting of Palmdale’s November election could have implications for other cities facing lawsuits under the California Voting Rights Act. Los Angeles County Superior Court Judge Mark V. Mooney on Monday canceled the election after earlier finding that Palmdale’s at-large method of choosing council members deprived minority voters of the opportunity to elect a representative of their choice. Officials plan to appeal, with City Atty. Matthew Ditzhazy calling the ruling “wildly unprecedented and radical.” Some voters already have been sent mail-in ballots, he said. Activists seeking minority representation on city councils, school boards and other governmental bodies have been pushing for by-district elections throughout California. Ethnically diverse jurisdictions that hold at-large elections and have few, if any, minority officeholders are especially vulnerable under state law, experts said.

Connecticut: Judge Orders Save Westport Now Back on Ballot | Westport Now

Booted from the Nov. 5 ballot last week over a technicality, Save Westport Now (SWN) will now have ballot access on Election Day, a Stamford Superior Court judge ruled today. Judge Kenneth B. Povodator ordered Westport Town Clerk Patricia Strauss to give SWN endorsed and nominated candidates for the Planning and Zoning Commission (P&Z)—Democrats Andra Vebell, David Lessing and Alan Hodge—a SWN place on the ballot in addition to their names on Democratic line. The move drew praise from Connecticut Secretary of the State Denise Merrill. “Judge Povodator’s decision is good for the voters of Westport,” Merrill said in a statement. “It is always in the best interest of voters to have choices on the ballot, and I am relieved the judge resolved this issue.” Founded in the 1980s to save Gorham Island from development, a bid that failed, SWN is a third party, environmental and preservation advocacy group. It has typically endorsed and nominated Democratic candidates for the Planning and Zoning Commission (P&Z), although last election it endorsed Republicans.

Florida: Detzner on next voter purge: “We won’t make the same mistakes” | Tampa Bay Times

Over the next week, Secretary of State Ken Detzner will visit five Florida cities to discuss a second attempt to purge non-citizens from voter rolls without repeating the mistakes from the first try. “I accept responsibility for that effort,” Detzner said. “It could have been better. It should have been better. We learned from the mistakes that we made. We won’t make the same mistakes.” Starting with a round table Thursday in Panama City, Detzner will try to convince Florida’s supervisors of elections that this time, the Division of Elections will get it right. An attempt made last year before the elections was marred by errors and led to lawsuits by civil rights groups that said the purge disproportionately targeted Hispanics, Haitians and other minority groups. “It was sloppy, it was slapdash, and it was inaccurate,” said Polk County Supervisor of Elections Lori Edwards.

Iowa: Right to Life Asks the Supreme Court to Overturn Ban on Corporate Contributions | Iowa’s Appellate Blog

After scoring a relatively successful victory before the Eighth Circuit, conservative election law attorney Jim Bopp is taking his case to overturn parts of Iowa’s campaign finance law to the United States Supreme Court. In a recently filed cert petition, Mr. Bopp — the lead counsel for Iowa Right to Life in the Iowa
Right to Live v. Tooker litigation (a case which we have previously covered on this blog here, here, and here)— has asked the Supreme Court to review two specific questions regarding the constitutionality of Iowa’s campaign finance laws. First, Iowa Right to Life wants to know whether Iowa’s ban on direct corporation-to-candidate contributions is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. Iowa Right to Life argues that prohibiting corporations from donating directly to candidates whom they support while allowing other entities, such as labor unions, the ability to make direct contributions constitutes unequal treatment between similarly situated would-be contributors. This argument was rejected by the Eighth Circuit.

Michigan: Judge won’t block Detroit City Clerk from mailing absentee ballots | Detroit Free Press

A Wayne County Circuit judge denied a request today to stop the Detroit City Clerk’s office from sending out absentee ballots. Judge Patricia Fresard heard arguments today in response to a challenge filed by city clerk candidate D. Etta Wilcoxon, the group Citizens United Against Corrupt Government and activist Robert Davis. They argued that the Detroit Election Commission should have held an open meeting to approve the absentee ballots for the November election after they were printed and before Winfrey’s office put them in the mail. The group on Tuesday filed a request for a temporary restraining order halting the process, which Fresard denied. Fresard noted that there was no claim that anything was actually incorrect on the ballots. Detroit City Clerk Janice Winfrey explained that she started mailing out the bulk of the 30,000 absentee ballots on Friday. She said the commission approved the names on the ballots prior to the primary in August, and she began printing them around Sept. 17 to ensure those in the military received them in time to vote.

Editorials: Montana needs better voting access | Great Falls Tribune

The ability to vote is one of the basic rights every American citizen can claim as his or her own. It is a right, which through years of protest and activism, has become not only a hallmark of democracy but of equality. The right to vote, and the ability to do so, represents the most basic element of a government in which the people have the ability to govern themselves. Yet today across the country, and especially here in Montana, American Indians are being denied their rights to basic voting practices that are common among other populations. Currently, there is a suit that has been appealed to the 9th U.S. Circuit Court of Appeals. The lawsuit is fighting for the installation of satellite voting centers on every reservation in Montana. Representatives of the Northern Cheyenne, Crow and Gros Ventre and Assiniboine tribes filed the suit in 2012 when the state denied a request to install satellite voting offices on several reservations.

Virginia: Democrats Sue Over State’s Voter Registration Purge | Businessweek

Virginia’s Democratic Party sued the state alleging that a plan to purge about 57,000 voters from registration lists threatens the constitutional right to vote just weeks before the Nov. 5 election. The lawsuit, which names Republican Governor Robert McDonnell and Attorney General Ken Cuccinelli as defendants, seeks a court order barring the state’s election board and county and city registrars from purging voters before the November election. Cuccinelli, a Republican, is running to replace McDonnell, who by law can’t stand for re-election. Members of the Democratic Party of Virginia “and thousands of other citizens will be at risk of having their voting rights unlawfully stripped away through standard-less, ad hoc determinations by county and city registrars,” according to the complaint filed Oct. 1 in federal court in Alexandria.View the formal complaint here.

Australia: Tony Abbott bluntly rejects calls for residency rights for New Zealand migrants after meeting with PM John Key | ABC

Prime Minister Tony Abbott has bluntly rejected calls to give around 200,000 New Zealanders living in Australia greater access to citizenship, taxpayer benefits and other government support. Since 2001, New Zealanders moving to Australia have not been automatically considered permanent residents and must instead apply for a temporary visa, such as the Special Category Visa (SCV). Holders of temporary visas, such as the SCV, do not have access to welfare, voting rights and student loans, while permanent residents do.

Maldives: Protests against election runoff postponement | Associated Press

Hundreds of supporters of the front-runner in the Maldives’ presidential election demonstrated Friday against a court decision to postpone this weekend’s runoff, amid international concern over the country’s young democracy. The Supreme Court earlier this week postponed the runoff until it hears a petition challenging the first-round election result. Mohamed Nasheed, the country’s first democratically elected leader, and his Maldivian Democratic Party supporters demanded Friday that the election be held as scheduled Saturday.

Yemen: SCER postpones voter registration process | Yemen Times

The Supreme Committee for Elections and Referendum (SCER) will postpone the voter registration process until the country’s National Dialogue Conference (NDC) is over and all political parties have reached a consensus on issues pertaining to elections. National elections are slated for February 2014. SCER was scheduled to begin registering voters in a new electoral system nationwide starting in September. The registration system was crafted as a four-phrase process, each phase lasting 27 days. It was slated to draw to a conclusion at the end of December.

Editorials: Why Germany’s Politics Are Much Saner, Cheaper, and Nicer Than Ours | Olga Khazan/The Atlantic

It’s the day before the German election, and Stefan Liebich, a member of the Bundestag for the far-left Die Linke party, is standing on the sidewalk at a busy intersection, smiling and shaking hands. He has a boombox and an assistant who fills up crimson balloons that say “Really Red” — to differentiate them from the slightly-less-red balloons being inflated by their rivals, the Social Democrats (SPD), who have a similar setup just a few feet away. He’s in peak campaigning mode, yet he takes a 45-minute break to talk to a group of foreign journalists, including me, who can’t vote and don’t speak German. Liebich’s casual arrangement seems fitting for someone running for, say, student council in the U.S., but he’s actually just a few thousand votes from losing his seat in parliament if Die Linke doesn’t garner a large enough percentage in the upcoming election. He says he is “excited” to see whether or not he makes it in. It may seem barebones, but this is a typical last-day campaign event for a parliamentarian in Germany, where campaigns get government funding, parties are allocated TV advertising time, and microtargeting of voters is unthinkable.

National: Justices to Weigh Key Limit on Political Donors | New York Times

The Supreme Court’s Citizens United decision reshaped American politics by striking down limits on independent campaign spending by corporations and unions. But it did nothing to disturb the other main form of campaign finance regulation: caps on individuals’ direct contributions to candidates. Shaun McCutcheon wants to change that. He has built a thriving engineering firm here, and he wants to give some of the money he makes to conservative political candidates. But a federal law limits the overall amount he can contribute to all candidates in an election cycle, and that does not sit right with him. “I think we need to spend more money on politics, not less,” he said. “I think we need to improve it.” The Supreme Court will hear his challenge to the overall limits next Tuesday. Some critics of Citizens United say the new case, McCutcheon v. Federal Election Commission, No. 12-536, has the potential to destroy what is left of federal campaign finance regulation.

National: Government shutdown shrinks FEC to just four employees | Center for Public Integrity

Federal Election Commission Chairwoman Ellen Weintraub isn’t required to stay home today in the midst of a government shutdown. But there’s hardly a point to her visiting the agency’s office at 999 E. St. NW in downtown Washington, D.C. “I’d literally be the one turning the lights on,” said Weintraub, one of just four FEC employees among 339 the government has deemed “essential” during the shutdown. “My entire staff has been furloughed, so working — it’s what I can do on my own, along with my three colleagues on the commission.” And that’s not much. Phone calls to agency workers ring to voicemails, emails go unreturned and audits and enforcement cases and investigations are on ice until further notice. As Tuesday afternoon arrived, the FEC also appeared to stop uploading documents for public consumption, from candidate income and expenditure reports to notifications of political action committee formations.

Editorials: Voter suppression? – States move to tighten rules | Columbia Daily Tribune

The expected is happening. After the U.S. Supreme Court outlawed a key provision in the Voting Rights Act, a number of GOP-led states quickly moved to restrict access to the polls by passing or strengthening voter identification laws. Critics say the new rules disproportionately affect minorities, including the elderly. Supporters say they are protecting the integrity of elections against fraud. On paper, both are legitimate goals, but as staked out in this debate, both can’t coexist legally. It’s a job for federal courts. If I had judicial authority, based on what I know now the decision would be easy. The new rules in Texas and North Carolina and Florida are an unconstitutional interference with voting rights.

Editorials: How to save money and reduce rancor in campaigns | Krist Novoselic/Salon.com

While Bill de Blasio’s win in the Democratic contest for mayor was the big story out of New York on election day earlier this month, there were other national implications: one of our greatest cities showcased why it’s time to leave 19th century democracy behind. Election officials had to haul old lever machines out of storage, with highly predictable troubles involving broken machines and frustrated voters. In an equally outdated voting rule, voters could only indicate support for one candidate in each race, rather than rank them in order of preference — meaning that instead of a primary winner being determined on election day, there now needs to be an additional run-off election held in the city a few weeks later. When you can only choose one person in a multi-candidate field, the candidate with the most votes can earn well under 50 percent. (On Tuesday, Boston had a mayoral race in which the top vote-getter had just 18 percent; that city will have a runoff between the top two finishers.)

California: Palmdale elections halted as a result of California Voting Rights Act lawsuit | SCV Signal

A Los Angeles Superior Court judge ruled this week that Palmdale cannot hold its scheduled citywide elections in November. The decision was made on a ruling he handed down earlier this year that those same elections are a violation of the California Voting Rights Act. Judge Mark Mooney granted a preliminary injunction against the planned City Council elections on Nov. 5. The injunction was sought by the plaintiffs in the case after Mooney ruled Palmdale’s at-large voting system — wherein voters can cast ballots for all seats up for election, not just one within a single district — prevented minority voters from electing candidates of their choice. Doing so is a violation of the California Voting Rights Act, Mooney ruled.

Michigan: Wayne County judge schedules hearing on Detroit’s absentee ballots | The Detroit News

City Clerk Janice Winfrey must appear in court Wednesday to respond to allegations that absentee ballots for the November election have been printed and distributed without the approval of the city’s election commission. Wayne County Circuit Court Judge Patricia Fresard entered an order late Tuesday requiring Winfrey to appear for a 9 a.m. show-cause hearing to answer questions under oath about the printing and distribution of the ballots, union activist Robert Davis said. Davis, of Citizens United Against Corrupt Government, along with D’Etta Wilcoxon, who is Winfrey’s challenger for city clerk in the Nov. 5 election, asked the judge for a temporary restraining order on claims the ballots that Winfrey is sending out to absentee voters ballots that are “unlawful and illegal” and have not been approved by the city’s election commission, as called for under state election law. Davis said the absentee ballots were distributed after the Wayne County Board of Canvassers certified the election on Thursday.

North Carolina: Cooper, McCrory disagree about defending lawsuit over voter ID | abc11.com