Yearly Archives: 2013

State Sen. Mike Folmer carries a dog-eared copy of the Pennsylvania Constitution in his breastpocket. When it comes to elections, he opens the booklet to Article 1, Section 5 where it states, “Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise thereof.” And then he asks how free and equal elections are in the commonwealth when Republican and Democratic candidates for Congress and row offices need 1,000 signatures to gain access to the ballot while independents or members of a third party are required to obtain upwards of 60,000 signatures. In his view, that makes Pennsylvania’s ballot process unconstitutional. Whether the rules in place are constitutional or not is for the courts to decide. But we agree with him on one count: It’s clearly unfair.

Guinea: Guinea braces for long-delayed parliamentary vote | Reuters

Parliamentary elections in Guinea on Saturday officially cap the mineral-rich West African country’s return to civilian rule after a 2008 coup, but many fear that the vote could reignite violence that killed dozens of people earlier this year. The contest, two years overdue, is ostensibly for the 114 seats to Guinea’s National Assembly, but with no single party expected to command an outright majority, political deal-making is sure to follow. And in a country where the president holds the real power, the parliamentary poll is widely seen as a warm-up to the 2015 vote when incumbent Alpha Conde’s five-year mandate ends. “They are all playing for the first round of 2015,” said a Conakry-based diplomat. “How do the presidential dividends weigh up against the frustrations of the first few years?”

Ireland: ‘Emigrants don’t need Dáil votes. They’ve got Facebook!’ | Irish Post

The Irish abroad do not need a voice in Leinster House because they have the likes of Facebook and Twitter, a minister from the Irish Government has claimed. Speaking exclusively to The Irish Post, Junior Finance Minister Brian Hayes said all Irish passport holders should be given a say in Ireland’s Presidential elections. But the growth of social media has eliminated their need for a political voice at home, he added. The Fine Gael TD’s comments come amidst revelations that Irish emigration is at an all-time high. Almost 90,000 people left Ireland in the 12 months to April this year, with one person emigrating every four minutes and 60 starting a new life in Britain every day. Fianna Fáil’s spokesperson for the Irish overseas previously told The Irish Post that the Government must respond to the mass exodus by giving the Irish abroad a voice in the Oireachtas rather than just a “tokenistic” vote for its President.

Maldives: Run-off vote to be held despite court delay – official | Reuters

The Maldives will go ahead with a presidential election run-off on September 28, election commissioner Fuwad Thowfeek said on Thursday, despite a decision by the Supreme Court to postpone the second round following a complaint of vote rigging. Thowfeek’s comments followed mounting international pressure on the government to push ahead with a run-off, amid hopes it could end political turmoil in the Indian Ocean archipelago. The first round of voting, on September 7, was won by ex-president Mohamed Nasheed, whose removal from power 20 months ago ignited months of unrest. He secured 45.45 percent in the first round, short of the 50 percent needed for outright victory, and his party promptly announced mass protests against the postponement.

Maldives: Confusion over Maldives election as officials clash | AFP

The Maldives’ Election Commission sparked confusion on Friday over whether elections originally scheduled for this weekend but suspended by the Supreme Court would go ahead on the troubled Indian Ocean archipelago. The chief of the independent election body Fuad Thaufeeq told local media late Thursday that voting would take place in defiance of the Supreme Court order, which has been criticised by the international community. But his deputy, as well as the commission’s spokeswoman, denied to AFP any intention to hold the polls, indicating a schism had formed within a crucial institution in the young democracy. “We will not go against the law,” deputy elections chief Ahmed Fayaz told AFP. “We will not have elections on Saturday, unless the Supreme Court removes the suspension order.” He said they were merely going ahead with the preparations for Saturday’s ballot in case the court changed its mind. “Please be informed that still we are just continuing our preparations,” Elections Commission spokeswoman Aishath Reema told AFP on Friday

Editorials: The Court Case That Pivots on What ‘Corrupt’ Really Means | Lawrence Lessig/The Daily Beast

Early next month, the Supreme Court will hear arguments in a case that will be a test as much of the five conservative justices as of the law they will review. Ever the optimist that principled reasoning will prevail, I’m betting that the conservatives will pass the test (hoping for once to be proven right!). The issue in McCutcheon v. FEC is the limitation on aggregate contributions to federal campaigns. To simplify it radically: under federal law, individuals can give up to $2,600 to any candidate in any election cycle. But the total amount they can give to federal candidates in aggregate is capped at $123,200 per year. So, for example, while I can give $1,000 to any candidate I want, I can’t give that much to more than 123 candidates in one year (poor me!). Critics of the law say it “abridges” their “freedom of speech.” They should be allowed, these critics argue, to give as much as they want in aggregate, so long as the contribution for any candidate is limited to $2,600. Since 1976, the Supreme Court has been pretty clear about the basic question that must be answered in a case like this. The First Amendment limits Congress’s power to regulate political speech—severely, and rightly, in my view. Only if Congress can show a “compelling” interest can it restrict the freedom of individuals to contribute to political campaigns. Even then, the restriction must be “narrowly tailored” to the interest the government seeks to advance. “Good enough for government work” just doesn’t cut it when the issue is political speech.

Iowa: Lawsuit challenging voting rules advances in court | Associated Press

Two civil rights groups will proceed with their lawsuit challenging Iowa Secretary of State Matt Schultz’s authority to pass emergency voting rules in the months before an election. It comes after a judge refused to dismiss the lawsuit over the weekend. Polk County Judge Scott Rosenberg said in a ruling Saturday that since there is nothing to stop the secretary of state from attempting to pass voting rules again prior to an election, the court must hear the case and resolve the issues. “If Schultz refiles these emergency rules before a future election, the same issues will arise of whether he abused the emergency rulemaking process, exceeded his statutory authority, and violated the right to vote,” Rosenberg wrote.

Maryland: Absentee ballots downloaded online raise security issues, as does Election Day voter registration | MarylandReporter.com

A new Maryland law allowing voting by mail with a ballot downloaded online has some voter advocacy groups alarmed that adequate security measures will not be in place for the 2014 elections. Election Day voter registration and the future of online voting were also among the hot button issues debated at a forum this week, hosted by the Maryland League of Women Voters in Annapolis. The bill, Election Law – Improving Access to Voting, extends the right to all Maryland absentee voters to download and mark their ballots online. Ballots would then be mailed in to local election boards rather than tallied online. Previously only overseas voters and military personnel were allowed by law to obtain and mark ballots on the Internet. Under Maryland’s no-excuse absentee voting law, any Maryland voter is allowed to receive an absentee ballot without having to provide a reason for being absent on Election Day. Cyber-security hawks like Rebecca Wilson of SAVE our Votes said Maryland has no process for examining voter’s handwritten signatures that are required for all the new potential mailed in absentee ballots. “Maryland is moving increasingly to vote by mail,” Wilson said. “How does the [election official] know the person on the computer is the real voter?” Wilson cited four western states that either vote entirely by mail — Washington and Oregon – or by a large percentage – California and Colorado.

Michigan: Canvassers certify Detroit mayoral recount that changed just 9 votes | The Detroit News

The Wayne County Board of Canvassers voted Thursday to certify a recount of the Aug. 6 primary election — which only changed nine votes in the Detroit mayoral election. The board Thursday decided to dismiss all fraud charges alleged by primary mayoral candidate Tom Barrow. The panel’s action means former Detroit Medical Center CEO Mike Duggan still won the Aug. 6 primary with 52 percent of the vote despite losing nine votes and will face Wayne County Sheriff Benny Napoleon, who received 30 percent of the primary vote, in the Nov. 5 general election. Melvin “Butch” Hollowell, attorney for the Duggan campaign, said the board did a thorough job, even going as far as hiring a handwriting expert. .

South Dakota: Ruling sides with Native group over costs of voting-rights lawsuit | The Argus Leader

Twenty-five Native Americans will not have to pay court costs related to their voting-rights lawsuit against the state and Fall River and Shannon counties, a federal judge ruled. The 25 plaintiffs from the Pine Ridge reservation sued in January 2012 to ensure they would get an in-person absentee voting station in Shannon County for the full period allotted by state law. In previous elections, in-person early voting was available only on a limited basis. After the lawsuit was filed, Secretary of State Jason Gant and local officials agreed to provide in-person absentee voting stations in both Shannon and Todd counties. Both counties do not have a courthouse, and the agreement would provide the early absentee voting stations through the 2018 election.

National: The End of Contribution Limits? | Roll Call

Alabama businessman Shaun McCutcheon and his GOP allies insist their Supreme Court challenge to a cap on overall campaign contributions in one election cycle doesn’t dispute the constitutionality of the “base” limit on how much an individual can give to a single candidate in a single election. “This case is not about base limits; they make sense,” said McCutcheon, whose challenge in McCutcheon v. Federal Election Commission is scheduled for oral argument before the Supreme Court on Oct. 8. “The corruption argument on base limits is pretty solid. If you were running for Congress and I gave you $1 million, wouldn’t you owe me?” The Republican National Committee has joined McCutcheon in arguing that the aggregate limits muzzle free speech. Indiana lawyer James Bopp Jr., who is representing the RNC in the case, also stresses: “We’re not challenging base limits in this case.” The case is shaping up as a key test of how far this high court is willing to deregulate the campaign finance system.

Editorials: What makes elections information helpful to voters? | CivicDesign

Every election department (and many advocacy groups) create flyers and small booklets to help voters learn about elections. But when we looked for guidelines for good communication with voters, we found very little. There were some political science and social psychology experiments that measured the impact of get-out-the-vote campaigns, but there was little about what questions voters have, and how to answer those questions well. As a companion to the research on county election websites, we did a study of how new voters used election information booklets. We recruited people who had voted for the first time in the 2008 election or later. Our participants were young people, recently naturalized citizens, and people with lower literacy. As new voters, we hoped that they would remember their first experiences clearly and would still have questions about elections.

Editorials: Voting access must extend to all Americans | The Missoulian

The ability to vote is one of the most basic rights every American citizen can claim as their own. It is one, through years of protest and activism, which 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 which are common amongst other populations. Currently, there is a suit that has been appealed to the Ninth Circuit Court of Appeals, which is fighting for the installation of satellite voting centers on every reservation in Montana. Representatives of 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. Satellite voting offices allow for early voting, a practice that increases voter access and enables people who are unable to get to the polls on election day to still cast a vote.

Nevada: Pat Hickey, Nevada Legislator, Explains Minority Voting Comments | Huffington Post

The top Republican in the Nevada Assembly said during a radio talk show Tuesday that low turnout from minority and young voters could contribute to a winning election season for the GOP in 2014. Assembly Minority Leader Pat Hickey (R-Reno) is coming under fire from state Democrats for comments he made on the Dan Mason Show on KOH 780-AM radio in Nevada. “We have some real opportunities in 2014,” Hickey said during the Tuesday broadcast. “It is a great year in a non-presidential election. Seemingly no Democrats at the top of the ticket against (Republican Gov. Brian) Sandoval. No Harry Reid. Probably where we had a million voters out there in 2012, we have 700,000. A lot of minorities, a lot of younger people will not turn out in a non-presidential. It is a great year for Republicans.”

New York: Lhota Backers Challenge Cap on Spending | New York Times

A new Republican group supporting the mayoral candidacy of Joseph J. Lhota sued New York election officials in federal court Wednesday to allow individuals to contribute more than the current $150,000 annual maximum to independent political groups. If successful, the lawsuit would allow similar outside groups, known as “super PACs,” to pump hundreds of thousands of dollars into helping either Mr. Lhota or his Democratic rival, Bill de Blasio. Mr. Lhota trails Mr. de Blasio by wide margins in polls, in a city where Republicans are outnumbered by Democrats, six to one. The new Republican group, New York Progress and Protection PAC, is separate from another pro-Lhota group that is backed by the billionaire David H. Koch, according to Michael Carvin, a Washington lawyer representing the new group.

North Carolina: College students must jump through new hoops to vote where they go to school | Smoky Mountain News

The new voter identification requirement won’t likely affect North Carolinians who have put down roots, but more transient populations including college students may find the new regulations cumbersome. College students in North Carolina will have to make an extra effort if they want to vote in their college town — though it won’t be an impossible feat. The greatest obstacle for students could be the new photo ID requirement at the polls. But not just any photo ID. A driver’s license with a student’s hometown address won’t fly at the polls. “That was really the number one concern that I was hearing from students,” said Christopher Coward, head of Student Government Association at Haywood Community College. “It might make it harder for students to get out to the polls.” Nothing is technically stopping a college student from registering to vote where they go to school. But the address on a their photo ID must be an exact match to the address they list on their voter registration. “I can think of 20 students right now who probably don’t have their current address on their state-issued ID,” Coward said.

North Carolina: Why the 2014 election matters for voting rights | Facing South

Last month, U.S. Sen. Kay Hagan (D-N.C.) sent a letter to the Department of Justice practically begging them to review her state’s new voter ID law, which elections experts believe will insidiously impact voters of color, elders, college students and many women. Her appeal to the Attorney General comes as she vies for re-election in 2014, one of 33 Senators whose seats will be up for grabs. Until this year, much of North Carolina was protected by the Voting Rights Act because of a history of voter discrimination. Under VRA’s Section Five, 40 of the state’s 100 counties were subject to preclearance, meaning officials there had to submit any proposed elections changes to the Justice Department or a federal court to determine if racial discrimination might result. Since the U.S. Supreme Court threw out the preclearance coverage formula this summer, the state is no longer subject to those federal reviews. Then North Carolina’s Republican-controlled General Assembly passed the Voter Information Verification Act, to Sen. Hagan’s consternation.

Australia: Electoral chief cautious about online voting | Sydney Morning Herald

The replacement of paper-and-pencil voting with an electronic system could see Australians lose confidence in the poll results, the electoral chief has warned. Australian Electoral Commissioner Ed Killesteyn defended the system’s reliability following attacks from election hopeful Clive Palmer, who portrayed himself as a victim of ”rigged” results and the AEC as a military-infiltrated ”national disgrace”. Despite the conspiracy claims, Mr Palmer extended his lead over his Liberal National Party rival to 111 votes on Friday, with the final counting of outstanding votes in the Sunshine Coast seat of Fairfax expected on Saturday. The Palmer United Party founder and wealthy Queensland businessman reacted angrily to the discovery of 750 votes tallied against the wrong pre-poll location mid-way through the count. In an earlier mistake, officials noticed 1000 votes for Victorian independent Cathy McGowan had not been recorded correctly, pushing the seat of Indi further out of reach of former Coalition frontbencher Sophie Mirabella, who subsequently conceded defeat this week. Mr Killesteyn said computer-based voting would eliminate these kinds of ”human errors” but the benefits would have to be weighed against hacking and manipulation fears.

Canada: Security a concern for online voting | Timmins Press

It might seem automatic to include online voting in municipal elections at this point in history, but a report from Elections Ontario has some city councillors re-thinking that stance. Ironically, city councillors will be using the old-school method of raising their hands in a vote next week to decide the future fate of Internet voting in Timmins. The matter was deferred last week after council requested a review of the Elections Ontario report about municipalities adopting Internet voting. “Although the report is detailed, it doesn’t go into a lot of specifics,” said city clerk Steph Palmateer on Monday. “Many communities have been using online voting, some have decided not continue, but it doesn’t explain why. Interestingly enough, all the electoral districts that use online voting, there’s only been one report of a security breach, and that’s a pilot project in the United States.” However, that single reported breach of security was enough for Coun. Todd Lever to question if the security of local elections would be compromised. During the project, students and professors in Maryland were asked to try to hack the system during a fake election. “I don’t want to be alarmist, but what stood out to me in the report is, in 2010, in Washington D.C. … online voting was compromised by a group of students and professors,” said Lever. “Within 48 hours of system going live, they gained complete control of the election server.” Officials did not detect the breach for nearly two business days.

India: Biometric ID project faces court hurdle | PCWorld

A controversial biometric project in India, which could require people to produce their biometric IDs to collect government subsidies, has received a significant setback from the country’s Supreme Court. The court ruled this week in an interim order that people cannot be required to have the controversial Aadhaar identification to collect state subsidies, even as the Unique Identification Authority of India (UIDAI), the government agency that manages the project, has been trying to promote the Aadhaar number as proof of identity for a variety of services including banking. The UIDAI has said that the scheme is voluntary, but some states and agencies have attempted to link the identification to the implementation of programs such as cash subsidies for cooking gas that benefit even the middle and richer classes. “I signed up for Aadhaar only to ensure that I continue to get a gas cylinder at reasonable rates,” said an executive in Bangalore who had queued up a few months ago for an Aadhaar number. The state of Maharashtra, for example, aims to be the first state in the country to roll out Aadhaar-linked subsidy transfers to LPG (liquified petroleum gas) consumers across all the districts in the state. Pending a final order, the court ruled that “….no person should suffer for not getting the Adhaar card inspite of the fact that some authority had issued a circular making it mandatory….” UIDAI Chairman Nandan Nilekani did not immediately agree to discuss the court order.

United Kingdom: Prisoners launch legal bid to vote in Scottish independence referendum | theguardian.com

Three prison inmates have launched a legal challenge to force the Scottish government to give them a vote in next year’s independence referendum. The three men, Andrew Gillon and Leslie Moohan, both serving sentences for murder, and a third long-term prisoner, Gary Gibson, insist they want to vote in the referendum. The trio argue that the Scottish government’s refusal to allow them to vote is a breach of their rights under the European Convention on Human Rights (ECHR) and the UK’s obligations under the international covenant on civil and political rights. Their case, being fought by the human rights lawyer Tony Kelly, who has won a series of landmark rulings on prisoners’ rights, follows a long-running political dispute over the franchise for next year’s referendum.

National: Senate confirms Obama’s FEC nominees | Politico.com

The Senate on Monday confirmed President Barack Obama’s two nominees to the Federal Election Commission, giving the panel its first new members since the George W. Bush administration. Democrat Ann Ravel and Republican Lee Goodman were approved by unanimous consent in a brief voice vote on the Senate floor. The commission — a six-member panel that regulates political spending on campaigns and elections — has been operating with just five commissioners since the spring when chairwoman Cynthia Bauerly departed for the private sector. Last week, Bauerly’s successor as chair Donald McGahn also left the commission to return to practicing law at Patton Boggs.

National: In a new campaign funding case, the Supreme Court may lift a lid on the total the wealthy can give to all candidates and parties | Los Angeles Times

In what may be Act 2 in the decline and fall of campaign funding laws, the Supreme Court appears poised to lift the lid on the total amount the wealthy can give directly to all candidates and political parties. Increasingly, the money that funds election races for Congress and the presidency comes from a small sliver of the very rich, what the Sunlight Foundation called the “elite class that serves as gatekeepers of public office in the United States.” The nonpartisan group has tracked how a growing share of election money comes from the top 1% of the wealthiest Americans. In the first major case of its new term, the court could give those donors even more clout with lawmakers and their parties. The issue is whether federal limits, not on contributions to individual races but on how much a donor can give to all candidates for Congress or party committees in a particular election cycle, violate the right of free speech.

National: White House: Americans Can Register To Vote When Signing Up For Obamacare | TPM

Americans will be able to register to vote when applying for insurance through Obamacare, a White House official told TPM Tuesday, despite reports to the contrary and outcry from congressional Republicans. Mother Jones reported earlier Tuesday on a report from progressive groups, which asserted that the Obama administration was planning to back down from its plan to offer voter registration on the federal marketplace, which will cover 36 states. The source of the claim is unclear, which the Mother Jones article acknowledged, but it sparked some panic among liberal activists. Not to worry, a senior administration official told TPM: Voter registration through the health insurance marketplaces will continue as planned. The official said any reports to the contrary were “inaccurate.” Insurance applications filed under the health care reform law are required by law to have a section for voter registration. The 1993 National Voter Registration Act mandates that any government agencies providing government services must also provide people with access to voter registration.

National: GOP plans to change primary calendar with eye on White House | The Detroit News

Republican National Committee Chairman Reince Priebus said Friday he’ll move up the national convention, shorten the primary season and hand-pick debate hosts to improve the chances of a Republican winning the White House in 2016. “This is what we need to do to protect our party,” said Priebus, speaking to Michigan Republicans at the Grand Hotel. Before the dinnertime crowd, Priebus outlined his high profile effort to transform the primary calendar in wake of brutal and protracted primary season in 2012 that ended with a loss for GOP nominee and Michigan native Mitt Romney. Priebus wants to move the national convention from August to June. By choosing the nominee earlier, the candidate can spend general fund campaign dollars against the Democratic opponent well in advance of the November election.

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. A new state law allows people like Sergio Garcia, brought to the United States illegally as a child, to become licensed lawyers. 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.

Colorado: Final election results show Morse lost by 319 votes | Colorado Springs Independent

The final results are in for the recall election of Senate President John Morse — and it was a squeaker. With additional ballots counted, it turns out that Morse lost by just 319 votes. With the deadline for receiving military and overseas ballots passed, all possible remaining legal votes in the Senate District 11 Recall Election have been collected and tabulated. The El Paso County Clerk and Recorder’s Office announces the official final result of the election as follows: The final results include an additional 76 ballots from military and overseas voters and 22 polling place provisional ballots that were counted after signatures were verified.

Florida: Decision on injunction over elections center move | jacksonville.com

A federal judge Monday gave himself until Oct. 3 to decide whether to issue an injunction in a court fight over the planned move of a Duval County elections center.

“I understand the need to be prompt,” U.S. District Judge Timothy Corrigan said, but added, “I must be sure I have the right amount of time.”

Iowa: Lawsuit challenging voting rules advances | The Clinton Herald

DES MOINES — Two civil rights groups will proceed with their lawsuit challenging Iowa Secretary of State Matt Schultz’s authority to pass emergency voting rules in the months before an election.

It comes after a judge refused to dismiss the lawsuit over the weekend. Polk County Judge Scott Rosenberg said in a ruling Saturday that since there is nothing to stop the secretary of state from attempting to pass voting rules again prior to an election, the court must hear the case and resolve the issues.

Michigan: Board dismisses dozens of Detroit mayoral primary ballot fraud complaints | The Detroit News