Indiana: Austin Mayor Doug Campbell pleads guilty to electioneering | The Courier-Journal

Austin Mayor Doug Campbell pleaded guilty to misdemeanor electioneering in Scott Superior Court Tuesday morning under a plea deal stemming from allegations of voter fraud.The deal allows Campbell — who had originally been charged with three felonies — to avoid jail and stay in office. Under Indiana law, an elected official can be forced from office if convicted of a felony. Campbell was arrested last spring after an Indiana State Police investigation alleged he and city sanitation supervisor Terry Danner had tampered with absentee ballots before the May 2011 Democratic mayoral primary. Danner received pre-trial diversion Tuesday, allowing his prosecution on three felony voter fraud charges to be withheld if he completes 100 hours of community service in six months. Four voters said Campbell and Danner drove to their homes and picked up their ballots for mailing, according to court records. One woman said in a sworn affidavit that the mayor had filled in her incomplete ballot before taking it for her.

Indiana: Votes of out-of-state students are at risk | The Courier-Journal

Paying out-of-state tuition could cost students something more under legislation that will be debated today: their vote. Under House Bill 1311, students who pay out-of-state tuition would not be able to vote in Indiana. Rep. Peggy Mayfield, the Martinsville Republican who filed the bill, said she’s trying to resolve who is an Indiana resident. “We’re having people who are not necessarily residents voting in our elections,” she said. But legal experts, as well as lawmakers in both parties whose districts include some of Indiana’s public universities, say there’s a big problem with the bill before the House Elections and Apportionment Committee: It’s unconstitutional. “I hope that’s a quick hearing,” said Lee Rowland, counsel at the Brennan Center for Justice at the New York University School of Law, which monitors voting rights issues. “Because, frankly, conditioning voting rights on a 12-month residency is so clearly unconstitutional that it would be an utter waste of the legislature’s time to consider such a bill.”

Kansas: Secretary of State: Protecting Voter Privacy, or Politics as Usual? | State of Elections

A U.S. District Court ruling handed down Wednesday in Kansas granted disclosure of the names of provisional ballot voters to candidates in a tightly contested state house race, thereby clarifying the scope of voter privacy protection under federal law. The ruling was issued in response to a federal lawsuit filed by Kansas Secretary of State Kris Kobach to prevent disclosure of the names. Kobach argued that federal election law protects voters’ identities from disclosure, citing § 302(a) of the Help America Vote Act (HAVA): “Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot.” U.S. District Court Judge Marten rejected Kobach’s argument, reading the plain text of the statute to protect only disclosure of how someone voted, not the identity of the voter. The day following the election, when unofficial results showed incumbent Democratic Representative Ann Mah of Kansas’ 54th House district trailing her Republican challenger by 27 votes out of a total 10,633 cast, she issued a request for the names of the individuals who had cast provisional ballots in her district. That afternoon, Kansas Secretary of State Kris Kobach filed a lawsuit in federal court seeking to prevent disclosure of the names.

Maine: Panel rejects voter IDs, backs early voting | The Portland Press Herald | Maine Sunday Telegram

A state commission has recommended that Maine reject any effort to require voters to show identification at the polls. By a 4-1 vote, The Commission to Study the Conduct of Elections in Maine said in a report that there is “little or no history in Maine of voter impersonation or identification fraud.” It also said such a law would slow down the voting process and could work to disenfranchise elderly, poor or rural voters, many of whom don’t have IDs or may not be able to travel far to get them. The American Civil Liberties Union of Maine applauded the report, which also asks the state to establish an early voting system, in which residents would be able to cast ballots before Election Day. Early voting would require an amendment to the Maine Constitution, as is being proposed this session in a bill sponsored by state Rep. Michael Shaw, D-Standish. There is no pending legislation to require IDs.

Minnesota: Auditor issues a “no decision” against Ritchie and Lindsey | Minnesota Public Radio

After an inquiry prompted by complaints from Republican lawmakers, Legislative Auditor Jim Nobles has concluded that Minnesota does not have a clear standard to assess the actions of two state officials accused of using public funds to oppose constitutional amendments on the ballot last November. Nobles released a letter today that he sent to Sen. Scott Newman, R-Hutchinson, last month detailing the findings of a preliminary assessment. Newman, who was a chief sponsor of the voter ID constitutional amendment, accused DFL Secretary of State Mark Ritchie of wrongly using his official capacity and public funds to oppose that ballot question. Similar accusations were later leveled against Human Rights Commissioner Kevin Lindsey, who publicly opposed voter ID and the constitutional amendment to ban same-sex marriage. In the letter, Nobles noted that state law only goes so far on prohibiting certain political activity by public officials and employees.

Missouri: Missouri’s voter ID bill inspires pushback over ‘voter suppression’ | KansasCity.com

Republican lawmakers are taking another swing at insisting Missouri voters show a government-issued photo ID at the polls. And they’re meeting fierce resistance. Leaders of the Missouri Legislative Black Caucus said Tuesday the Republican push aims to “disenfranchise and suppress” certain voters — the disabled, the young and minorities. “This is nothing more than a modern-day poll tax,” said Rep. Brandon Ellington, a Kansas City Democrat, referring to the tax implemented in some states in the late 19th century to shut out black voters. “Voting is a right. It’s not a privilege. They’re trying to turn it into a privilege.” Republicans reject the accusations, instead arguing a need to combat voter fraud.

New Hampshire: Supporters, opponents voter ID repeal speak out at hearing | NEWS06

A bill to repeal the new voter photo identification law drew support Tuesday at a public hearing. Lawmakers last year approved a photo ID bill just months before the primary election that required voters to show a variety of photo IDs in order to vote in last November’s election. However, beginning in September, the list of acceptable photo IDs narrows to state or federally issued IDs. As in the past two years, supporters of the law say it is needed to guarantee the integrity of elections, while opponents of photo ID say it addresses a problem that does not exist but does disenfranchise certain groups of voters, such as the elderly, college students and the poor. The prime sponsor of House Bill 287, Rep. Timothy Horrigan, D-Durham, said under his bill voter fraud would continue to be a crime.

South Carolina: Election bill details unclear, but generally well-received | Aiken Standard

Reaction generally was positive Tuesday to legislation that would put Aiken County’s Elections Office under the day-to-day supervision of the County Council. However, many of the people who would be affected by the bill said they weren’t aware of it until recently, so they still were trying to learn about all its provisions and understand how they would work. “I didn’t know the details of the legislation until (Tuesday) morning,” said County Administrator Clay Killian. “I think it could be a good thing because you would have more direct daily supervision of the office. The delegation members are obviously going to be in Columbia three days a week during the legislative session, and that creates logistical issues for them. But if (elections office employees) do work for the County Council, the way the bill is written now, there is somebody here they can go to for assistance on a regular basis as opposed to having to wait until somebody is available.” The legislative delegation discussed the bill during its meeting Monday evening.

South Carolina: Early-voting bill advances in South Carolina Senate committee | Anderson Independent Mail

Legislation creating a one-week early-voting period in South Carolina sailed through a key state Senate committee Tuesday. “People are used to convenience in their lives,” said Sen. Bradley Hutto of Orangeburg, who is one of 18 Senate Democrats sponsoring the early-voting bill that was considered Tuesday by the Senate Judiciary Committee. “That is why banks have drive-through lanes.” The measure that members of the GOP-controlled panel approved by an 18-2 vote would allow South Carolina voters to start casting ballots 10 days before an election. The early-voting period would end three days before an election. According to the bill’s provisions, each county would open at least one and as many as five early-voting polling places.

Virginia: Ruling by House speaker deals blow to Senate redistricting | Richmond Times-Dispatch

Speaker of the House William J. Howell, R-Stafford, has ruled that the surprise Senate amendments to redistricting changes are not germane, throwing the future of the proposed Senate boundary moves in doubt. Senate Republicans pushed through the amendments on a 20-19 party-line vote on a day when Democrats were down one member because Sen. Henry L. Marsh III, D-Richmond, attended inauguration ceremonies for President Barack Obama in Washington on Martin Luther King Jr. Day. Because the Senate made changes to a House measure, it had to return to the House of Delegates for approval. Howell said the bill amended by the Senate was “modified to stray dramatically, in my opinion, from the legislation’s original purpose of addressing relatively technical, minor administrative adjustments to certain districts.” The rewrite of Senate districts “goes well beyond” the customary tweaks, he said. Howell told reporters after the floor session that “It wasn’t something I relished. It’s my job. I’m the only one who can make that decision. I talked to a lot of people about it, prayed about it,feel at peace about what I did. Think I did what was right.”

Washington: Slew of bills target voting process in Washington | The Columbian

With last fall’s election fresh in their memories, many legislators are proposing changes to the election process. In-person voting, prepaid postage on ballots, and relaxing constituent outreach restrictions for incumbents could all become a reality if the measures pass. Sen. Don Benton, R-Vancouver, wants to loosen the rules about what information he and other state lawmakers could put on their official websites and in their official newsletters during campaign season. Benton said during a public hearing on his proposal, Senate Bill 5019, that although some restrictions are necessary to prevent campaign abuses, other restrictions are “completely ridiculous” and prevent his ability to communicate with the people in his district. State law prohibits legislators running for election to make any changes to their official Web pages during the months leading up to an election. (Most candidates maintain a campaign website, the content of which they can control.)

Armenia: Day 17 of Armenia’s presidential campaign brings concerns about hunger-striking candidate’s health | ArmeniaNow.com

With one of the candidates in the current presidential race in Armenia still recovering in hospital after surviving an assassination attempt, another one refuses to be hospitalized after doctors registered some deterioration of his health condition on Wednesday. Andrias Ghukasyan, a 42-year-old director of Radio Hay, has been camped outside the National Academy of Sciences building in central Yerevan since the start of the campaign on January 21, refusing to take food and demanding that incumbent President Serzh Sargsyan be disqualified from the race and international observers discontinue their mission and leave Armenia. Responding to an emergency call on Wednesday, ambulance service doctors examined Ghukasyan, registering a drop in his blood pressure. The candidate, however, refused to go to hospital and said he was determined to continue his hunger strike until February 18 – Election Day.

Ghana: Supreme Court Grants NPP Request – Orders EC to Provide Details…Directs Akufo-Addo to Furnish Respondents With ‘Better Particulars’ | allAfrica.com

The Supreme Court by a unanimous decision has granted the request of the petitioners; for the Electoral Commission (EC) to provide them with details of the names and addresses of persons who were registered overseas and the manner in which those persons were registered. The petitioners are also asking for the declaration forms of all polling stations in the 2012 presidential election, the minutes of all meetings held between the EC and political parties between 2010 and 2012, and the special voters list used in the 2012 presidential election. According to Peace FM’s Bernard Quanson, the Supreme Court by a ruling of 9-0, ordered the EC to provide the petitioners with those details within 7 days.

Iraq: Insecurity could hit Iraq provincial poll: Election official | Al Arabiya

Security concerns sparked by anti-government rallies in mostly-Sunni areas of Iraq in recent weeks could hamper provincial polls due in April, a top election official said on Wednesday. Muqdad al-Sharifi, the chief electoral officer of Iraq’s Independent High Electoral Commission (IHEC), also told reporters that 131 candidates had been barred from the April 20 vote due to their ties to the Baath Party of now-executed dictator Saddam Hussein. “We have a problem in some provinces where there is a political crisis,” Sharifi said, referring to weeks of demonstrations in north and west Iraq against the alleged targeting of the Sunni community by the country’s Shiite-led authorities.

Canada: Alberta communities weigh online voting | FFWD

Communities across Alberta are deciding whether or not they will participate in the province’s online voting pilot project during this year’s municipal elections. The provincial government officially selected St. Albert, Grande Prairie and Strathcona County for the experiment, but other jurisdictions have the option of signing up. Fort Saskatchewan’s town council recently decided it’s not for them. After several weeks of debate, Airdrie’s leaders voted on February 6 to give electronic ballots a try. … Governments are attracted to Internet-based voting because of its convenience — people can vote whenever they want to over the election period, from their home. And that convenience may lead to a higher turnout. Yet many in government and the public worry about the security of online voting.

National: On Voting Rights, Justices Get an Earful From Their ‘Friends’ | Andrew Cohen/The Atlantic

In a little more than three weeks, the justices of the United States Supreme Court will hear oral argument in a case about the constitutionality of the Voting Rights Act, the venerated federal law that for the past 48 years has helped eased the sting of official discrimination in the exercise of the most important of all civil rights — the right to vote. It’s the Voting Rights Act that has stopped bigoted state and local officials from ginning up new literacy tests or poll taxes. It’s the Voting Rights Act that has forced cynical legislators to limit (somewhat, anyway limit the scope of their racial gerrymandering. In Shelby County v. Holder, the court has been asked by an aggrieved Alabama county to strike down Section 5 of the statute, the provision which requires certain jurisdictions (like those in Alabama) with long patterns and practices of discrimination in voting to “pre-clear” with the Justice Department their proposed changes to voting laws. It’s a vitally important case for many reasons — not least of which that the court’s conservatives appear poised to strike down the statute just months after it was invoked, successfully and often, in the 2012 election cycle to protect the vote for millions of Americans.

National: Scholars urge Supreme Court to keep Voting Rights Act provisions ensuring equal access | UW Today

Racial discrimination and prejudice remain prevalent in the United States, so the U.S. Supreme Court should fully uphold the Voting Rights Act, complete with rules requiring certain areas, mostly southern states, to get federal approval before changing voting laws. That’s the opinion of a consortium of political science and law scholars from the University of Washington and several other institutions who have filed an amicus curiae, or “friend of the court,” brief in the Supreme Court case about voting rights out of Shelby County, Ala. The UW faculty are political science professors Matt Barreto and Luis Fraga. The Supreme Court is expected to review the case on Feb. 27. At issue is Section 5 of the act, which forbids any change in voting law in the selected areas unless the federal government agrees the change “does not deny or abridge the right to vote on account of race, color, or membership in a language minority group.” The rule pertains to the states Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia, and certain jurisdictions in California, Florida, New York, North Carolina, South Dakota, Michigan and New Hampshire.

National: ‘We have to fix that’: Obama will push voting rights | MSNBC

They were five simple words in a 2,000-word speech–”We have to fix that.” But for millions of voting rights supporters across the country, they were a sign that President Obama recognized one of the major struggles of the modern civil rights movement, as activists and some Democrats push back against an onslaught of voter suppression tactics that dampen turnout among Democratic constituencies. Another sign of the president’s support for voting reforms came on Inauguration Day, when he said, “Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote.” The third, and perhaps most vociferous call, may be only a week away, according a New York Times report that says the president will call for voting reforms in next Tuesday’s State of the Union address. The same report included an MIT analysis of voting wait times in 2012 that is likely to bolster his push for voter equality. Democrats and Independents, on average, waited about 20% longer than Republicans. Black and Hispanic voters waited nearly twice as long as white voters. Urban voters waited more than twice as long as rural voters. The poor waited longer than the rich.

Editorials: Stakes are enormous in voting rights case | Erwin Chemerinsky/ABA Journal

The Voting Rights Act of 1965 is one of the most important civil rights statutes in American history. The constitutionality of a crucial provision of the act—Section 5—is in doubt, and the case that challenges it, Shelby County v. Holder, will be argued before the Supreme Court on Feb. 27. Section 5 is important because of another provision, Section 2 of the Voting Rights Act, which prohibits voting practices or procedures that discriminate on the basis of race or against certain language minority groups. Under the 1982 amendments to Section 2, the act is violated by state or local laws that have the effect of disadvantaging minority voters. Lawsuits may be brought to challenge state or local actions that are alleged to violate Section 2. But Congress, in adopting the Voting Rights Act, concluded that allowing lawsuits to challenge election procedures was not adequate to stop discrimination in voting. Congress was aware that Southern states especially often invented new ways of disenfranchising minority voters. Section 5 of the Voting Rights Act was adopted to prevent such actions. It applies to jurisdictions with a history of race discrimination in voting and requires that there be preapproval—termed “preclearance”—of any attempt to change “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting” in any “covered jurisdiction.” The preapproval must come either from the U.S. Attorney General, through an administrative procedure in the Department of Justice, or from a three-judge federal court in the District of Columbia through a request for a declaratory judgment.

Editorials: Partisanship raises stakes of Supreme Court statutory rulings | FierceGovernment

Partisanship within Congress has raised the stakes for Supreme Court statutory law rulings, since bipartisan legislative overrides of Supreme Court interpretations have greatly diminished and partisan overriding is much rarer, argues a paper from University of California-Irvine law professor Richard Hasen. In a paper to be published in the Southern California Law Review, Hasen also warns that a similarly politically polarized Supreme Court in combination with a highly partisan Senate could make a future court nomination a major political crisis and ultimately diminish the public legitimacy of the court. Hasen’s analysis of congressional overrides of Supreme Court interpretation of federal statues–something that requires a new federal law, as opposed to a constitutional override, which requires a new constitutional amendment–shows they fell to 2.8 overrides every 2 years on average from 2001 through 2012 from a recent peak of 12 overrides every 2 years on average from 1975 through 1990.

Voting Blogs: Forget About Fresno: How One California County Clerk Stopped Prop 37’s Oversight ‘Recount’ | BradBlog

What happened last November in California’s Prop 37? Is it really possible that progressive California doesn’t want Genetically Engineered Foods to be labeled as such? According to the reported results of that election, that would seem to be the case. But did Californians really vote against such labeling? Unfortunately, thanks to a lack of overseeable public hand-counts on Election Night, and a gaping weakness in the state’s otherwise liberal “recount” law, we’re unlikely to ever know for certain. A weeks-long investigation by The BRAD BLOG into the months-long attempted effort to confirm the results of the Prop 37 ballot initiative last November, serves to highlight not just the weakness in California “recount” law, but also the notion that paper ballots, secretly tallied by optical-scan computers, are just fine, since, as the knee-jerk saying goes, “we can always count the paper ballots by hand afterwards if there are any questions about the results.”

Florida: Ken Detzner: Early Voting Flexibility will Help Restore Voter Confidence | Sunshine State News

Florida supervisors need more flexibility in the days and locations they can set up elections, highlights the message from Secretary of State Ken Detzner on a vast number of changes needed to improve voting in Florida. Certain unnamed supervisors failed — Detzner charged in his review of the 2012 contest — to “prepare effectively and it reflected poorly on the entire state.” ‘One county or precinct that does not properly serve its voters does a disservice for the entire state and has the potential to cloud the positive steps taken by the rest of the state to conduct an accessible and efficient election,” Detzner stated without making any recommendation on any officeholder. “Supervisors of elections and county commissions must take it upon themselves to oversee elections through responsible leadership and efficient administration.”

Florida: State Department issues elections recommendations | Palm Beach Post

A possibly longer early voting period, more kinds of early voting sites and limiting the length of constitutional questions placed on the ballot by the Legislature are among Secretary of State Ken Detzner’s recommendations to lawmakers released today. Detzner’s suggestions, based on conversations with supervisors of elections in what he called “under-performing” counties including Palm Beach, dovetail with what the supervisors are requesting.

Maine: Voter ID Law Not Recommended By Independent Elections Panel | Huffington Post

An independent panel formed by a Republican official and charged with examining Maine’s electoral system has concluded that the state should not a implement voter ID system. “The Commission, by a 4 to 1 vote, finds that the negative aspects of a Voter ID law outweigh its potential benefits and recommends that a Voter ID system not be pursued in Maine,” read the report from the five-member panel. Former Maine Secretary of State Charlie Summers (R) — a backer of voter ID — put together the commission last year at the request of the Maine legislature’s Joint Standing Committee on Veterans and Legal Affairs. The Huffington Post received an advance copy of the report, which Secretary of State Matthew Dunlap (D) will present to the committee on Wednesday. In their report, the commissioners went through the pros and cons of implementing a voter ID law. Pros included the belief that voter ID would “provide an effective tool against voter impersonation” and the fact that such laws have already been implemented in dozens of other states. The panel ultimately concluded, however, that the potential drawbacks to Maine’s electoral system far outweighed any benefits.

New Hampshire: Advocates try to kill Voter ID bill before it’s fully implemented | NashuaTelegraph.com

Advocacy groups for voters, seniors and civil libertarians joined a legislative effort to strike down the law that starting this fall will require voters to show a state-approved, photo ID card at the polls. Joan Ashwell, with the League of Women Voters, conceded the difficulty of getting lawmakers to junk a law such as this one before it’s fully implemented. “We understand the reluctance of one Legislature to repeal a law just passed by a different Legislature,” Ashwell told the House Election Laws Committee. “In this case, we aren’t talking about a simple bill like naming a bridge or funding one amount of money in the budget or another. The voter ID threatens the most precious right of our citizens, the right to vote.”

Editorials: Extend hold on Pennsylvania voter ID | The Times-Tribune

This May’s primary election ballot likely will be somewhat confusing in most counties, due to large numbers of candidates seeking party nominations for school boards, municipal government seats, tax collector positions and judgeships. In Lackawanna County that likely will be compounded by at least one but, probably, two referendums on the structure of the county government. One, approved by the county commissioners, will ask voters if they approve consolidating the recorder of deeds, clerk of judicial records and register of wills offices into a single office, and converting the sheriff’s job from an elected to an appointed position. Since it is unknown how voters will respond, candidates will seek nominations for the deeds and wills offices and sheriff’s office, in case voters decide to retain the current system. (The clerk of courts position is not on the ballot until 2014.)

South Dakota: Counties using new voter registration system | Madison Daily Leader

Counties across South Dakota are using a new system to access and update voter records. Total Vote allows county auditors instant access to changes that need to be made, from new voter registrations and pending applications to record deletions due to a death and notices of missing information with existing records. Lake County Auditor Bobbi Janke said she is just starting to use the new system, and it continues to improve every week. South Dakota Secretary of State Jason Gant said the system was created using input from auditors across the state. The goal was to create one computer system that could be used by all counties and the state. The new program is designed to communicate directly with other state departments that provide alerts related to voter records — like alerts from the state Department of Health regarding a death, which requires the removal of that voter from the active voter registration list. “It’s incorporated all of the election systems into one new system,” Gant said.

Utah: Recount bill passes House | Deseret News

A bill attempting to make the requirements for a candidate to seek a recount consistent throughout the state passed the House Tuesday and now goes to the Senate. Rep. Craig Hall, R-West Valley, the sponsor of HB85, said the current law allowing recounts only if a candidate loses by no more than one vote per precinct is “bad policy.” He said that the number of precincts in legislative districts, for example, varies from 16 to 56.

Virginia: Republican Bolling sides with Democrats on voter ID measure | The Washington Post

Republican Lt. Gov. Bill Bolling broke with his party again Monday by supporting a Democratic effort to delay tightening voter identification rules. Bolling broke a 20-20 tie, on a preliminary vote, to amend a bill that would remove several forms of identification the state added last year to the list of IDs accepted at the polls. The measure returns to the floor Tuesday. Bolling said in an interview afterward that he does not actually oppose the substance of the measure. He said he voted for a Democratic floor amendment that delays implementation until July 2014 simply to give voters more time to adjust to changes in the rules.