Yearly Archives: 2013

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.

New Jersey: Appeals court orders more review of voting machines | Associated Press

A state appeals court on Monday upheld New Jersey’s use of electronic voting machines, but the judges expressed serious concerns about possible human error and ordered further review of the state’s safeguards. Monday’s ruling, which upheld a lower court decision, is the latest in a legal battle dating back to 2004 when state Assemblyman Reed Gusciora and others sued over the state’s use of the machines. The lawsuit claimed the touch-screen systems, called direct recording electronic voting machines, were unreliable because they didn’t produce a paper backup and were susceptible to hacking. Then-Gov. Jon Corzine signed legislation in 2005 that would have required all machines to be retrofitted with a paper backup system by January 2008, but that deadline wasn’t met and in 2009 lawmakers suspended it indefinitely over a lack of funding.

National: FEC Nominees Win Rules Committee Endorsement | The Center for Public Integrity

President Barack Obama’s two nominees to the Federal Election Commission — an agency rife with ideological discord and often gridlocked on key issues before it — today won unanimous approval from the Senate Rules and Administration Committee. The nominations of Republican Lee E. Goodman and Democrat Ann Ravel now move to the full Senate, which must confirm Goodman and Ravel before they’re appointed to the FEC. The Rules Committee had originally scheduled a nomination vote for Monday but delayed it because it failed to reach a quorum. “The Commission is designed to play a critical role in our campaign finance system,” Sen. Chuck Schumer, D-N.Y., the Rules Committee chairman, said in a statement. “It is my hope that, once confirmed, Mr. Goodman and Ms. Ravel will work hard to restore the agency to a fully functioning independent federal watchdog for the nation’s campaign finance laws.”

National: Former FEC chairman Donald McGahn resigns from panel | The Washington Post

Donald F. McGahn, the controversial former chairman of the Federal Election Commission, resigned from the panel on Tuesday to return to private law practice, ending what campaign-finance reform advocates and political practitioners called one of the most consequential tenures in the commission’s 38-year history. McGahn, a Republican who had served on the FEC since 2008, clashed frequently with Democrats as he helped push a conservative interpretation of campaign-finance laws and persistent skepticism about government oversight of political campaigns. McGahn will leave to become a partner at Patton Boggs, which has one of Washington’s leading election law practices.

Editorials: A call for a right-to-vote amendment on Constitution Day | Janai S. Nelson/Reuters

Are today’s liberal politicians willing to go to the mat for a seemingly old-fashioned, civil-rights era throwback like the right to vote? If they care about preserving access to the franchise in the face of the many newfangled voting restrictions that conservatives are now aiming at minority, young or poor voters, they will. And, if they care about advancing the ideals of an inclusive American democracy, they must. When the members of the Constitutional Convention signed the United States Constitution on September 17, 1787, the democracy we have now was unfathomable. Today, the right to vote is not determined by property ownership, skin color, gender or wealth — as it was legally at the birth of our Constitution and for many decades after. What has remained constant during America’s democratic metamorphosis, however, is the absence of an affirmative right to vote. On this Constitution Day, I echo the call to amend our Constitution so that it includes an affirmative right to vote. Proposals to amend the Constitution to include an affirmative right to vote are usually taken most seriously at the time of general elections, especially for the presidency. That’s when the public is most aware of the frailties of our democracy. However, as we celebrate the founding document that has served as a model for democracies the world over, we must consider how to fill its hollow areas.

Editorials: It’s Time To End Our Failed Affair With Campaign Finance Laws | Paul Sherman/Forbes

It’s an old cliché that appearances can be deceiving, but, in the upside-down world of campaign finance law, appearances are all that the government needs in order to criminalize peaceful political activity. That’s because nearly 40 years ago, in the U.S. Supreme Court’s first major campaign finance decision, the Court held that such laws are justified as a means of avoiding even the mere “appearance” of corruption. Since then, lower courts across the country have taken this principle and run with it, upholding limits and sometimes even outright bans on the financing of political speech based on only the flimsiest of evidence. That might be about to change. Shortly after the U.S. Supreme Court reconvenes this October, it will hear argument in McCutcheon v. FEC, a major challenge to federal campaign finance law. And although the issue in the case is narrow, its repercussions could be widespread.

California: Campaign finance bills fare poorly in California Legislature | Los Angeles Times

After an anonymous $11-million donation from Arizona sent shock waves through California politics last year, the state Capitol seemed primed for new measures to tighten campaign finance rules. But several proposals fell by the wayside as lawmakers finished their work last week. Bills that would have increased the power of California’s campaign finance watchdog, boosted fines for violations and forced greater disclosure of donors — among other measures — stalled in the Legislature. Just one bill was sent to Gov. Jerry Brown’s desk, SB 3, by Sen. Leland Yee (D-San Francisco). It would require new training for campaign treasurers and mandate that officials study the possibility of replacing the state’s outdated website for tracking campaign finance information. Lawmakers said they would revisit the topic when the Legislature reconvenes in January.

Connecticut: In Bethel and elsewhere, minority parties knocked off ballot | NewsTimes

The CT Tea Party in Bethel is knocked off the ballot for the November election because of a filing technicality based on a two-year-old election law, leaving former First Selectman Robert Burke the option of running as a write-in candidate. In Westport, a local minority party lost its ballot line for the first time in 20 years. In Ridgefield, the local independent party line was bounced from the ballot because of the same law. However, Ridgefield’s and Westport’s cross-endorsed candidates will appear on the ballot. Local officials in recent days learned that minority parties in Middletown, Simsbury and Fairfield may have problems related to the 2011 law, which requires minority party candidates to sign certificates of endorsements filed with town clerks. Signatures are not required of Republicans and Democrats.

Editorials: Broken system – plan to move citizenship information from the Kansas Department of Revenue to election officials falls apart | Lawrence Journal World

So much for the “seamless” system of moving citizenship information from the Kansas Department of Revenue to Kansas election officials. The demise of the system touted by Secretary of State Kris Kobach when he pushed for passage of a law requiring new Kansas voters to provide proof of citizenship was confirmed in a recent interview in which Secretary of Revenue Nick Jordan said Kansas no longer plans to require people obtaining or renewing driver’s licenses to produce proof they are living in the U.S. legally. If people voluntarily present birth certificates, passports or other citizenship documents when getting their licenses, that will be noted on their driver’ licenses, but the Revenue Department apparently will take no responsibility for gathering or forwarding that information to facilitate voter registration in the state. The federal “Motor Voter” law requires that people be allowed to register to vote when they get a driver’s license, but it includes no provision for proving citizenship. State officials originally had planned to require additional information on drivers licenses to conform to a 2005 federal anti-terrorism law. However, after learning recently that Kansas already complies with the federal law, the Revenue Department decided to shift its policy. The driver’s license offices have had problems of their own serving customers in a timely fashion, and, as Jordan noted, the primary purpose of those offices is to issue driver’s licenses, not collect voter registration data. “(P)eople are coming in for a driver’s license,” he said, “and we want to move them through.”

Kentucky: Senate Republican Leader Open to Giving Felon Voting Rights a Second Look | WFPL

A day after U.S. Sen. Rand Paul called on Republican lawmakers in the Kentucky General Assembly to give restoration of felon voting rights a second look, a prominent GOP state senator says the caucus might be open to the idea. Speaking at the Plymouth Community Renewal Center earlier this week, Paul said U.S. drug laws disproportionately effect racial minorities. One of the consequences, Paul said, is voter disenfranchisement for African-Americans. The senator told west Louisville residents he would lobby leaders in the Republican-controlled state Senate to seek a compromise on House Bill 70. The bill would automatically give certain felons their rights back and passed the state House in a bipartisan 72-25 vote. But it stalled in the state Senate this year.

Michigan: Canvassers in Detroit mayoral recount send some ballots to prosecutor, judge | Detroit Free Press

Six weeks after Detroiters cast their votes for mayor, City Council and clerk, ballots are still being examined, counted and analyzed as the Wayne County Board of Canvassers looks into allegations of fraud. The board spent Tuesday poring through ballots at Cobo Center and made some interesting discoveries. Among them: Some absentee ballots in which Mike Duggan’s name had been typed onto the ballot, some absentee ballots were cast using pencil, and some absentee ballots in which corrective fluid was used. The board voted to send the ballots that had Duggan’s name typed in to the Wayne County prosecutor and the chief judge at the Wayne County Circuit Court for investigation.

South Dakota: Gant forming task force on federal voting money; rights group calls it delay tactic | Associated Press

South Dakota Secretary of State Jason Gant said he’s forming a task force to address whether federal Help America Vote Act funds can be used to open satellite registration and early voting offices on three Native American reservations. But the head of a Mission-based voting rights group is calling Gant’s move a delay tactic. “They don’t need a committee,” O.J. Semans, executive director of Four Directions Inc., said Tuesday. “He has the authority to do it.” The 2002 Help America Vote Act was passed by Congress to address voter access issues identified during the 2000 election. Poverty on South Dakota’s reservations and the long distances to polling places hamper Native Americans’ ability to vote, Semans said. Semans has asked U.S. Attorney General Eric Holder to look into the matter, and the American Civil Liberties Union and the Great Plains Tribal Chairman’s Association support the request.

Texas: Hispanic group, NAACP join Texas Voter ID lawsuit | Associated Press

The Mexican American Legislative Caucus and the Texas NAACP filed a lawsuit Tuesday to overturn the state’s Voter ID law, joining the Justice Department in fighting the law. The two groups filed their petition with a federal court in Corpus Christi, the same court where other civil rights groups and U.S. Attorney General Eric Holder are fighting the requirement that voters must show a government-issued photo ID card to cast a ballot. All of the law’s opponents are arguing the Republican-controlled Legislature created an illegal barrier to voting for poor minorities and people who live in rural areas. Minorities make up the majority of voters who do not have one of the six forms of ID required. Only the Election Identification Certificate is available for free from the Department of Public Safety.

Guinea: Opposition Says Vote Needs to Be Delayed | Associated Press

Guinea’s opposition leader Cellou Dalein Diallo said on Tuesday that he doesn’t believe the country’s legislative election can be held next week, citing flaws in the voter roll which he says will take too much time to fix. His critical assessment contrasts sharply with that of the United Nations special envoy to the region, who mediated a six-hour-long session Monday between the country’s warring opposition and ruling party, and who told reporters upon returning to Senegal that he remains confident the election will go ahead on Sept. 24. “The date of the election is still Sept. 24,” Said Djinnit said at his residence in the Senegalese capital. “As of today we are a few steps away from the election. Nothing permits me to say otherwise.” The U.N. has so far mediated 13 meetings between the two sides in an attempt to return the West African nation to constitutional rule. The country’s last parliamentary elections were held in 2002, and were first rescheduled in 2007. The repeated delays have spanned three presidents and have left the nation without a functioning legislature.

Rwanda: Kagame’s party scores landslide win in Rwanda | Reuters

Rwanda’s ruling party held onto power with a widely-expected landslide victory in parliamentary elections, provisional results showed on Tuesday, reinforcing President Paul Kagame’s grip on the country. The National Electoral Commission said Kagame’s Rwandan Patriotic Front (RPF) had won 76.2 percent of the vote with all ballots counted. Final results are expected on Thursday. Two decades after the 1994 genocide, the east African country has become a favourite with foreign investors under Kagame’s leadership. The order book for Rwanda’s debut eurobond in April was 8.5 times the $400 million sought, underscoring steady economic growth. But Kagame’s opponents have accused him of cracking down on political opponents and restricting press freedoms – allegations he dismisses.

eSwatini: Anger At Pre-Election Arrest | allAfrica.com

Musa Dube, deputy general secretary of the Communist Party of Swaziland, has been remanded in custody on sedition charges for allegedly distributing leaflets calling for a boycott of the kingdom’s election. He is charged with two counts of possessing and distributing leaflets published by the CPS at Kakhoza in Manzini. He appeared in Manzini Magistrates’ Court on Monday and was remanded to Zakhele Remand Centre and is due to reappear on 25 September 2013, pending committal to the High Court. An application for bail is expected to be lodged.

Texas: Lawsuits pile up over Texas voter ID law | Facing South

This week the NAACP Texas State Conference and the Mexican American Legislative Caucus of Texas state lawmakers filed a legal challenge to the state’s photo voter ID law. NAACP and MALC join the U.S. Department of Justice, the Texas League of Young Voters Education Fund, the NAACP Legal and Educational Defense Fund, and U.S. Rep. Marc Veasey, a Democrat representing the Fort Worth area, who’ve collectively filed three other suits challenging the Texas law. As with the other challenges, NAACP and MALC claim the law violates Section Two of the Voting Rights Act, which forbids denying voting rights to people of color. All of the challenges want Texas “bailed in” under the VRA’s Section Three preclearance provision, which requires states or counties found to have engaged in intentional discrimination to get federal permission for new election laws before they take effect. The NAACP/MALC suit differs from most of the other cases in that it also argues that the photo voter ID law violates the U.S. Constitution’s 14th Amendment equal protection clause banning racial discrimination. In addition, it claims the Texas law violates the 15th Amendment, which prohibits governments from denying a citizen the right to vote based on race.

International: Where is it compulsory to vote? | The Economist

Voter turnout has declined over the past few decades in many western countries. In America it has been below 60% in every presidential election since 1968. In Britain turnout reached 65% in the 2010 general election, down from 84% in 1950. But there are no such worries in Australia, where Tony Abbott was sworn in as prime minister on September 18th. According to Australia’s electoral commission, turnout in the election on September 7th was 91%. This was no one-off: nine out of ten Australian voters have trudged to the polls (or voted by post) in every federal election since 1925. The reason Australians vote so faithfully is simple: they have to, because failing to vote is illegal. Where else is democracy an obligation rather than a right? Plenty of countries have flirted with compulsory voting. IDEA, an international organisation that promotes democracy, lists 38 countries that have mandatory voting in place or have done so in the past. They include America: the state of Georgia made voting compulsory in its 1777 constitution, subject to a fine, unless the person could provide a “reasonable excuse” (see Article 12). In many countries voting is compulsory in theory, but seldom or never enforced. Voting is obligatory in most of Latin America, for instance. But in Mexico, which is among the countries where abstaining is illegal, turnout in last year’s presidential election was only 63%.

National: PACs spent more at state level than on federal campaigns | Washington Post

Political action committees spent more money on state-level candidates in just 23 states during the 2012 election cycle than they did on federal candidates in all 50 states, according to a new analysis. The analysis from the Sunlight Foundation shows state-level PACs dished out $1.4 billion to candidates running for governor, attorney general, state legislative and other non-federal offices in those states. All told, PACs spent $1.2 billion on federal candidates. State PACs do not have to report their spending to the Federal Election Commission. Instead, they report to campaign finance organizations in the states in which they spend money, all of which have different rules for reporting, disclosure and spending.

Voting Blogs: The Corporation and the Little Guy in the 11th Circuit | More Soft Money Hard Law

The Campaign Legal Center has alerted its readers to a “flood” of challenges to campaign finance laws, and its message is that the reform advocates must remain at their battle stations. It is certainly true that interests hostile to any campaign finance regulation are hard at work; they might well believe that in this time, with this Supreme Court, their moment has come and no time should be wasted. But not all of these challenges are fairly lumped together and described as one indiscriminate assault against any and all reasonable regulation. A few raise questions that even those favoring reasonable limits on campaign finance should take—and address—seriously. The case of Worley v. Fla. Sec’y of State, 717 F.3d 1238 (11th Cir. 2013), is one such case, a challenge to an application of a state requirement that individuals supporting or opposing a ballot initiative must register and report through a political action committee (PAC). The Eleventh Circuit rejected the claim, which is now before the Supreme Court on a petition for certiorari. The four petitioners in Worley argue that PAC requirements, if a burden on corporations in the manner described by the Supreme Court in Citizens United, must fall even more heavily and just as permissibly on individuals banded together in limited, inexpensive “grassroots” political enterprises.

Alabama: Secret Society Dips Toe in City Politics, Prompting Lawsuit | New York Times

The college students began arriving a little before lunch at Calvary Baptist Church, far more than usual for a local election. The poll workers knew immediately: the Machine was here. The school year at the University of Alabama has barely gotten started, and already the campus has found itself in a charged self-examination on issues of politics, power and race, with the exposure of tenacious segregation among fraternities and sororities drawing national attention. But the turmoil began some weeks earlier. It raised the specter of the Machine, a secret society representing a league of select and almost exclusively white fraternities and sororities, which has been around for a century or more. Once a breeding ground for state political leaders, the Machine (it has long been known by that nickname) today maintains a solid hold on student government through an effective, and critics say coercive, brand of old-fashioned organization politics. But the Machine’s apparent involvement in an August school board election, a rare appearance in municipal politics, has prompted a lawsuit, accusations of voter fraud and an outcry that in many ways primed the campus for the larger storm over inclusion and tradition that is now taking place.

Florida: State Supreme Court Gets Redistricting Case | The Ledger

A coalition of voting-rights groups trying to get lawmakers to testify about the 2012 redistricting process asked a skeptical Supreme Court on Monday to rule that legislators should not be shielded from speaking in court. Those challenging new district maps under the anti-gerrymandering “Fair Districts” state constitutional amendments are appealing a 1st District Court of Appeal ruling that prevents the legislators who drew the districts from having to testify about “objective” facts about the redistricting process. The Supreme Court has no definitive timeline for ruling on the question. A lower court had initially ruled that the lawmakers should have to testify, though the trial court didn’t order lawmakers to testify about “subjective” issues, like why they made certain decisions.

Indiana: Judge: Suit challenging Marion County judicial slating may proceed | The Indiana Lawyer