Editorials: McCutcheon Restores Power to Congressional Campaigns | Tim Peckinpaugh and Steve Roberts/Roll Call Opinion

Earlier this month, the Supreme Court struck down an aggregate cap on individual contributions to federal candidates, parties and political committees over a two-year election cycle in McCutcheon v. Federal Election Commission. Certainly, this is an important holding, but this is not Citizens United II. In fact, in as much as Citizens United increased spending opportunities with outside groups, it’s just the opposite. This decision will have a major impact in national political giving by restoring congressional campaigns themselves — as well as the national parties that support them — to renewed importance by which donors of all political persuasions (and particularly wealthy donors) provide support to a slate of preferred candidates. That shift will, in turn, result in a larger portion of political giving by way of transparent, fully disclosed contributions to federal campaign committees and the Members of Congress they support. Essentially finding that the presence of any cap was arbitrary, and building on its previous free speech analysis in Citizens United v. FEC, Chief Justice John G. Roberts Jr. illustrated the underlying faulty logic of the biennial aggregate limit in operation: “If there is no corruption concern in giving nine candidates up to $5,200 each, it is difficult to understand how a tenth candidate can be regarded as corruptible if given $1,801, and all others corruptible if given a dime.”

Arkansas: Attorney General files notice of appeal in Voter ID case | Associated Press

Arkansas’ attorney general told a state judge on Friday he plans to appeal a decision that struck down a new voter ID law, while a civil liberties group said it will move forward with a separate challenge to the requirement. Attorney General Dustin McDaniel’s office filed a notice of appeal over Pulaski County Judge Tim Fox’s ruling a day earlier that voided a new law requiring voters to show photo identification before casting a ballot. McDaniel is appealing the case to the Arkansas Supreme Court. Fox had issued the ruling in a case that focused on how absentee ballots are handled under the new law. A spokesman for McDaniel’s office and the chairman of the state Republican Party both said they planned to ask the court to stay Fox’s ruling. The GOP had been given permission to help defend the state in the absentee ballot case, and has filed a separate notice of appeal. The state’s primary is May 20, and early voting for that election begins May 5.

Arkansas: Issue of vote threshold for voter ID law saw debate, party-line votes | Arkansas News

While the state Legislature was debating the bill that became Arkansas’ voter ID law last year, Rep. Jim Nickels, D-Sherwood, argued that it had to meet a higher vote threshold than other bills. Nickels, a lawyer, said at the time that the bill to require voters to show photo identification at the polls required a two-thirds majority vote to pass because it would change the Arkansas Constitution by adding to the requirements to vote in Arkansas, which are set in the constitution. The bill’s supporters argued that the law would not change the constitution because it would only affect procedures at the polls. They said the eligibility requirements to be a voter would stay the same; the bill would merely require voters to prove they are who they say they are. “I feel vindicated,” Nickels said Friday, a day after Pulaski County Circuit Judge Tim Fox struck down Act 595 of 2013.

Voting Blogs: Arkansas Judge Declares Republican Photo ID Restriction Law Unconstitutional, ‘Null and Void’ | BradBlog

A Circuit Court judge has resoundingly rejected Arkansas’ new Photo ID restrictions on voting, declaring the law to be “null and void” and in violation of the state’s Constitutional right to vote. Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature. Pulaski County Circuit Court Judge Timothy Davis Fox’ 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election. In his Thursday ruling, Fox found the law to be “unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution.”

Florida: State redistricting lawsuits get political | Tampa Tribune

It was a crisp mid-February day in the nation’s capital, but a hot topic at the headquarters of the Democratic National Committee had a distinctly Sunshine State feel. A handful of Democratic political operatives, many of Florida’s congressional Democrats, and Nancy Pelosi, the House’s top Democrat from California, huddled in the offices of the Democratic Congressional Campaign Committee during the 2012 meeting to discuss an ongoing Florida redistricting lawsuit. On the agenda was an overview of the newest version of Florida’s congressional map, which was drawn as part of a lawsuit in a Tallahassee court challenging the redistricting process. Court documents and emails that are part of the redistricting lawsuit show that the map was drawn and paid for by Democratic consultants in consultation with the Florida Democratic Party, which is no longer involved in the lawsuit.

Guam: Center ensures accessible voting: Voters with disabilities are encouraged to vote | Pacific Daily News

The Guam Legal Services Corporation-Disability Law Center has a vested interest in accessible voting. Our office works to ensure that individuals with disabilities have access to polls and cast private and independent ballots. The right to vote is an important issue for all citizens because it is our way of guaranteeing that the government hears our voices and provides for the needs of all individuals. This was the movement behind the American with Disabilities Act, the Americans with Disabilities Act Amendment Act, and the Help America Vote Act.

Hawaii: Same-day voter registration measure to get final hearing | Hawaii News Now

In the 1960s, Hawaii had the highest voter turnout in the nation. Fifty years later, it is now 50th among the 50 states. Now, state lawmakers are considering a measure to reverse the trend by allowing same-day voter registration. According to the State Elections Office, only 42 percent of registered voters cast ballots in the 2012 primary election. Just under 62 percent turned out in the general election. House Bill 2590 would allow voter registrations at early-voting sites in 2016, and same-day registration in 2018. Same-day voter registration is already allowed in eleven states and the District of Columbia.

Maryland: Elections chief predicts smooth absentee voting | Baltimore Sun

Maryland’s top elections official expressed confidence Friday that the state will deliver absentee ballots to voters smoothly and on time despite a change in plans ordered just two months before the June 24 primary. The State Board of Elections decided this week not to move forward with a system that would have allowed voters who receive an absentee ballot through the Internet to mark their choices on a computer screen before printing the ballot and mailing it in. Linda H. Lamone, administrator of the elections board, said the agency will do what is needed to comply with the decision of the five-member panel. … Lamone and her staff have interpreted the board’s action as preventing them from offering the ballot-marking function — which had been eagerly anticipated by advocates for the disabled — but allowing them to go forward with the part of the system that would let any voter go online to ask for and receive an absentee ballot over the Internet. If that interpretation stands, the board decision will be a hollow victory for election security advocates who had opposed both parts of the system. Michael Greenberger, a University of Maryland law professor, said the delivery system opens the door to election fraud much wider than the marking tool would have. Greenberger contends that the two systems are inseparable and that the board’s decision to offer online delivery is inconsistent with state law. He said he does not plan to sue.

Utah: Grand and San Juan Counties switch to vote by mail system for all elections | Moab Times-Independent

Local voters who show up at the polls on June 24 will be in for a surprise. Both Grand and San Juan counties are switching to a vote-by-mail process this year, so primary and general election voters will no longer be able to cast their ballots in person. Anyone who is currently registered to vote should keep an eye out for official-looking letters from the counties, since those notifications will include important information about the vote-by-mail process. Grand County will be asking active voters to return signature verification cards. At the same time, it will also be mailing out separate notices to inactive voters who have not participated in the last two elections, according to Grand County Clerk Diana Carroll. Those who have not voted in the past two elections will be required to renew their voter registrations, according to information from the clerk’s office. Local residents can verify their voter information online at www.vote.utah.gov or by calling the Grand County Clerk’s Office.

Wisconsin: State lags behind offering online voter registration | Associated Press

Wisconsin may soon be in a minority of states that don’t allow voters to register online. The state, long considered a model for its high voter turnout and election administration, seems stubbornly old-fashioned as it sticks to paper registration while others move to online systems that are simpler, cheaper and less prone to errors, elections experts told lawmakers recently. Legislators from both parties have expressed interest in online registration, but progress has been stymied by a long-standing fight over same-day voter registration and other party divisions. Two bills that would have allowed online voter registration have failed to pass in the past four years, frustrating elections officials. “Online registration is no longer cutting-edge innovation. It is a well-established and essential tool,” said Kevin Kennedy, director of the Government Accountability Board, which oversees Wisconsin’s elections. “We already have in place what we need to do. We need the legislative authorization to do this.” Eighteen states have already adopted online registration, with Arizona pioneering the approach in 2002 and others following since 2007. Four states have approved the method and are working on the systems. Fifteen more states, including Wisconsin, are considering legislation, according to data from the National Conference of State Legislatures.

Afghanistan: Runoff set for June 7 to settle Afghanistan presidential election | Los Angeles Times

The Afghan presidential race is set for a June runoff between former foreign minister Abdullah Abdullah and former World Bank economist Ashraf Ghani, according to official results released Saturday. The preliminary tally showed Abdullah winning nearly 45% of the 6.9 million votes cast, and Ghani 31.5%. Election officials will examine hundreds of reports of voting irregularities before issuing final results on May 14, but the allegations didn’t appear widespread enough to change the results substantially — or to give Abdullah the absolute majority needed to avoid a runoff. The two men, both polished technocrats well known to the international community, had been regarded as the favorites in the April 5 election. Both have pledged to sign a security agreement that would allow some U.S. troops to remain in Afghanistan beyond the end of 2014, a strategic priority for the Obama administration.

India: Missing names, faulty Electronic Voting Machines criticised | Deccan Chronicle

Voters lamenting that their names were missing from the electoral rolls was again a common sight across many polling stations in the city. Several people who had voted in the last election found their names missing from the voters’ list for no apparent reason. V. Ramesh, an APSRTC employee in Khairatabad constituency said, “I was out of town for a brief period and now my name is not there.” Engineering student Meghna wrote to this newspaper claiming, “I was unable to vote because of the sheer negligence of the government officers. Polling stations don’t have the list of newly registered voters.” Even IAS officer T. Radha found his name dropped from the list. Several people tried calling the toll free number of the Chief Electoral Officer, but it was unreachable. Some 300 voters from Pedda Bazaar, Chinna Bazaar and Veerabhadraiahnagar could not vote as their names were not there on the list, though they have cards.

Egypt: Presidential Election Commission announces presidential candidates, election details | Ahram Online

Hamdeen Sabahi and Abdel-Fattah El-Sisi are Egypt’s final contenders for the 2014 presidential race, the Presidential Election Commission’s (PEC) spokesman Abdel-Aziz Salman said in a press conference on Sunday. PEC – the judicial body supervising the polls – has examined the documents of both contenders and concluded that both candidates meet the eligibility requirements set by the commission, Salman said. Egypt’s elections will be held on 26 and 27 May. Salman also revealed further details of the presidential election process, including the election’s monitoring bodies and the voting process outside of Egypt. The commission has granted approval to six international organisations to monitor the elections and 79 domestic ones who met the requirements. A total of 116 Egyptian organisations applied for monitoring status.

India: Electronic voting machine slip will help verify your vote | The Times of India

This time, voters in Gandhinagar Lok Sabha constituency will be able to verify if their vote has been cast right. Once they press the button of their choice, a slip will be generated which will indicate the vote that has been actually cast by the EVM when the voter pressed the button. On a pilot basis, the Election Commission of India (ECI) is introducing ‘Voter Verifiable Paper Auditor Trail’ (VVPAT) system in eight Lok Sabha constituencies across the country and Gandhinagar is one of them. The VVPAT machine will be attached with the EVM and will generate slips like the receipts one gets at ATMs.

Macedonia: Macedonia votes in snap polls, presidential run-off | Daily Times

Macedonians began voting for a new assembly and president Sunday in a poll expected to cement the conservatives’ grip on power, despite a shaky economy and a stalemate in Skopje’s bid to join the EU. The legislative vote is being held a year ahead of schedule after the ruling VMRO-DPMNE failed to agree with its ethnic Albanian coalition partner, the DUI, on a joint presidential candidate. The run-off for a largely ceremonial post will be held between incumbent Gjorge Ivanov of the VMRO-DPMNE and his Social Democrat rival Stevo Pendarovski. Polling stations opened at 0500 GMT and will close twelve hours later. More than 1.7 million voters will elect a new 123-seat parliament chosing between 14 parties and coalitions. But opinion polls have given a strong lead to both Ivanov and the VMRO-DPMNE. The ruling party is credited with 28 percent of the vote against 15 percent for the opposition Social Democrats (SDSM).

Macedonia: Opposition threatens to boycott elections result | Europe Online

The leading opposition party in Macedonia said Sunday that it will not recognize the result of snap parliamentary elections and a presidential run-off vote, claiming that the ruling VMRO party violated election rules. “The Social Democratic Union of Macedonia (SDSM) and its allies will not recognize the election process, parliamentary and presidential,” SDSM leader Zoran Zaev said after polling stations closed. Zaev dismissed the official assessment by the state election commission that the vote was “fair and democratic,” insisting that Prime Minister Gruevski‘s conservative VMRO party abused their authority to secure a win. Prime Minister Nikola Gruevski “does not have the elementary will to hold democratic elections,” he said, adding that the opposition will seek a repeat of the elections because violations disqualified Sunday‘s results.

The Voting News Weekly: The Voting News Weekly – April 21-27 2014

ukraine_260The Supreme Court heard arguments in a case challenging an Ohio law that criminalizes the spreading of false information about a political candidate during a campaign. Mark Bittman considered the impact of the court’s recent decision eliminating aggregate campaign contribution limits. A judge in Arkansas ruled that the State’s voter ID law was unconstitutional. The Maryland Board of Elections refused to move forward with a plan for an online absentee ballot marking system amid fears it would open the door to widespread fraud. Nebraska Governor Dave Heineman signed a bill that enacts a form of same-day voter registration. A conservative legal group is challenging how Texas Senate voting districts were drawn. While offering flexibility on other issues, Minister Pierre Poilievre pledged that the final version of the Canadian government’s electoral reform bill will require all voters to show identification before they vote and uncertainty about the ability of Ukraine to organize next month’s election process has increased tension and public anxiety in the country.

Voting Blogs: A Constitutional “Right to Participate” in the Electoral Process? | More Soft Money Hard Law

In a close and insightful  reading of Chief Justice Roberts’ opinion in McCutcheon, reproduced here with his permission from the election law listserv, Marty Lederman has called attention to this first paragraph:

There is no right more basic in our democracy than the right to participate in  electing our political leaders. Citizens can exercise that right in a variety of ways: They can run for office themselves, vote, urge others to vote for a particular candidate, volunteer to work on a campaign, and contribute to a candidate’s campaign. This case is about the last of those options. (McCutcheon v. FEC, 134 S.Ct. 1434, 1440-41).

The right that Roberts cites—the right to participate in the electoral process—is apparently wide in scope and includes a “variety of activities,” including voting.  So Marty notes that this rationale does not spring from pure “free speech” jurisprudence, and indeed he argues that “if there were such a basic right, the opinion would make much more internal sense than if viewed through a Free Speech Clause” lens.  While disclaiming “naiveté” about the Roberts Court’s commitment to the interests of voters, Marty asserts that if “taken seriously,” this freshly minted right to participate could “be the source of a new flourishing of voting rights and other election-related rights.”

Voting Blogs: States prepare to implement voter photo ID | electionlineWeekly

While there are times that it may seem like we have been talking about voter ID forever, the number of states that have strict photo ID requirements to cast a ballot is still relatively low. Currently 34 states require some form of ID in order to cast a ballot, but only eight states are strict photo ID states. Strict photo ID states, as defined by the National Conference of State Legislatures (NCSL) are those states where, “[v]oters without acceptable identification must vote on a provisional ballot and also take additional steps after Election Day for it to be counted.” Two of those strict photo ID states are implementing photo ID requirements on a large-scale basis for the first time this year during their primaries: Mississippi and Arkansas.

Editorials: Before convicting four Alabama counties of voter fraud, let’s see the evidence | Bob Nicholson/AL.com

If you needed to rotate the tires on your car would you accomplish that task by changing the oil? Silly idea isn’t it? Yet that analogy is on target when you look at the Alabama Legislature’s actions in establishing strong voter ID laws. They claim that they are reacting to fraud allegations and a crowd of onlookers, columnists and pundits, are cheering them onward. Unfortunately, only a brief examination of the “evidence” shows no fraud. I am a Certified Fraud Examiner. The definition of fraud is specific (wrongful or criminal deception intended to result in financial or personal gain) and to casually alleging such is irresponsible. In order to prove fraud, not only do you have to show what happened, you have to show intent as well. Lacking a confession admitting intent, fraud is proven in court by ruling out all other possibilities. Let’s look at the latest “evidence” and see if it meets the definition of proving fraud. Four counties in Alabama, Macon, Wilcox, Lowndes and Greene, have more voters on the roll than the US Census Department estimated their adult populations to be in 2012 by a cumulative 2934 people. And, these counties vote with a strong Democratic majority. Not only that, but in 2012 former Alabama Congressman Artur Davis alleged that wholesale voter fraud goes on in parts of the Black Belt. Convinced that there is fraud going on? Don’t convict just yet.

Arizona: Brewer signs bill limiting authority of Citizens Clean Election Commission | Associated Press

A bill preventing the Arizona Citizens Clean Elections Commission from investigating possible campaign contribution violations by candidates who don’t participate in the program has been signed by Gov. Jan Brewer. Senate Bill 1344 allows only the Secretary of State and state Attorney General to investigate. The Republican governor signed the bill Thursday. It passed the GOP-controlled Legislature this week mainly along party-line votes.

Hawaii: Same-Day Voter Registration Bill Heads to Final Conference | Maui Now

A measure that would provide a process for the public to register to vote at polling sites on election day will be heard in a final conference committee on Friday, April 25, 2014. Representative Kaniela Ing of Maui who introduced the bill noted that Hawaiʻi has the lowest voter turnout in the nation and said, “It’s time we end this shameful distinction and foster a stronger public voice. There are all kinds of reasons people do not vote; arbitrary registration deadlines should not be one of them.” House Bill 2590 would allow voter registration at absentee polling places beginning in 2016; and late voter registration, including on election day, beginning in 2018.

Kansas: Federal lawsuit dismissed, ending challenge to Kansas law requiring voters to show photo ID | Associated Press

Two elderly northeast Kansas men have dropped a lawsuit challenging a state law requiring voters to show photo identification at the polls, with a trial in federal court not set until next year. Attorney Jim Lawing said Thursday that Arthur Spry and Charles Hamner asked to have the case dismissed because the case would not be heard before this year’s elections. Also, he said, they found requests for personal information too intrusive. U.S. District Judge Kathryn Vratil in Kansas City, Kansas, granted their request Wednesday for a dismissal. The judge was still considering whether the case should be heard in federal court or state court, as the two men had wanted. Spry and Hamner, both over 80, live in a retirement home in Overbrook, about 20 miles southeast of Topeka. They sued Secretary of State Kris Kobach, the state’s top elections official and the architect of the photo ID law, after Osage County officials refused to count their votes in the November 2012. The two men couldn’t produce a valid photo ID.

South Dakota: App aids South Dakota residents, students in voting | The Volante

The South Dakota Secretary of State’s office released a new iOS and Android app called Vote605 this month to help South Dakota residents, including students, get voter information for the mid-term election. After logging in with voter’s name and zip code, information for the upcoming election appears. The app shows a map of the poll location. The app also has a sample ballot for voters to look at prior to voting. The selections made in the sample ballot are not transmitted to or tracked by the state. Information that is considered private such as a social security number or full birthdate is not in the application. The voter record is also not tied to the address of the voter to further protect the voter, according to the Secretary of State’s office.

Editorials: 10 ways e-voting could save or destroy democracy | Sydney Morning Herald

It seems a forgone conclusion that, with everything going digital, voting is sure to follow. Especially after lost paper ballots triggered the recent rerun of Western Australia’s 2013 Senate election, sparking renewed calls to trash pencil-and-paper voting for an online alternative. And why not? Networks can transport data faster than vehicles. Machines can tally numbers faster and, arguably, more accurately than humans. And machines alone can’t be accused of manipulating votes. Estonia and Norway have, with the aid of cryptographic ID checks, launched internet voting without too much controversy. But are machines really any less fallible than error-prone humans?

Canada: Limited Internet & telephone voting available for Toronto municipal election | 680News

Limited Internet and telephone voting will be available for Toronto’s upcoming municipal election, but only for residents with disabilities. The city said Thursday that the service will be available during advance voting from Oct. 14-19. “We are very excited to be conducting this pilot project,” city clerk Ulli Watkiss said in a statement. “It is important that our electoral services are accessible and create positive voting experiences for all. By providing greater choices we are working to make voting more accessible to persons with disabilities.”

Canada: Elections watchdog halts robocalls probe | Toronto Star

The federal Conservative Party says it stands vindicated by Canada’s top elections watchdog after a three-year probe failed to produce evidence of a deliberate or widespread conspiracy to suppress votes through the use of automated or live robocalls in May 2011. However opposition critics say Yves Côté’s conclusion does not clear the governing party and only highlights the need for more investigative powers for the Commissioner of Canada Elections. Côté released a report Thursday after an exhaustive investigation into “deceptive communications,” or robocalls, that occurred across Canada in the last federal election and directed voters to the wrong poll station. The commissioner said that beyond the riding of Guelph — where a separate investigation is ongoing and one Conservative staffer, Michael Sona, has been charged — the complaints were “thinly scattered” across the country and no pattern or deliberate attempt to mislead voters could be determined.

Editorials: India’s protracted election: Speed it up | The Economist

The sixth phase of India’s protracted general election took place on April 24th. Voters trooped to polling stations in 117 constituencies in various states including Tamil Nadu, Maharashtra, Kashmir, Uttar Pradesh and Bihar. As with other rounds there was much to cheer: first-time voters, enthusiasm in cities and villages, determination to take part despite the heat. Momentum seems to be with the opposition Bharatiya Janata Party (BJP) led by Narendra Modi. A late surge of support for the BJP is reported even in places—West Bengal, Odisha—where the party has traditionally not done well. If true, its prospects of forming the next government look stronger by the day. Three more rounds of voting are due, the last on May 12th, before results are published on May 16th. It constitutes a marathon election. The voting period is eight days longer than last time, in 2009. Count in all the official campaigning and India will have been busy with its general election for a whopping 72 days. The local devotion to voting looks more remarkable with each successive election. As the population grows, and so the electorate, the process will presumably get more protracted yet. The next national poll is likely in 2019, by when more days of voting, and further rounds, may be needed to accommodate many more tens of millions of new voters. Are long elections a problem? They can certainly grow tedious, as some rightly point out that other big countries hold elections much quicker. Brazil, Indonesia and America can all get it done in a single day. The European parliamentary elections next month, across the whole of the European Union, will wrap up within four days. One of the reasons Thailand’s recent general election was annulled was because of a failure to abide by its constitution and hold it in a single day.

National: Supreme Court suspicious of Ohio law that criminalizes false speech about candidates | The Washington Post

Supreme Court justices across the ideological spectrum seemed deeply suspicious Tuesday of an Ohio law that criminalizes the spreading of false information about a political candidate during a campaign. Now they have to find a way for someone to bring them the proper challenge. Technically, the court was reviewing a decision by a lower court that an antiabortion group did not have the legal standing to challenge the constitutionality of Ohio’s law, which is similar to ones in more than a dozen other states. But the justices couldn’t resist giving a preview of their skepticism about what Michael A. Carvin, the Washington lawyer representing the group Susan B. Anthony List, called Ohio’s “ministry of truth” during oral arguments.

Editorials: Why Care About McCutcheon? | Mark Bittman/New York Times

In the food world, change from the ground up is all well and good. We desperately need cooks, gardeners, farmers and teachers. But we also need legislation. The recently passed and almost uniformly abysmal Farm Bill is a lesson in how legislation affects those of us working to change the chaotic so-called food “system.” Pittances were tossed at supporters of local and organic food, fortunes’ worth of agribusiness subsidies were maintained, and much-needed support for the country’s least well-off was slashed. That’s a Republican-led Congress at work, but when it comes to supporting Big Ag and Big Food, most of the Democratic representatives from states where farm income matters most are not much better: While the majority of Big Ag’s financial support for candidates goes to Republicans, Democrats are close behind. For big-time change on a national scale, we need representatives who put the needs of a sustainable food system and all that goes with it ahead of those of the chemical and processed food manufacturers who are currently running the show.