Monthly Archives: May 2014

If Gov. Christie were to resign early to pursue a bid for the presidency, a special election could be held to replace him, depending on the timing of his resignation. That scenario – an unusual one – could put candidates with lesser financial resources at a disadvantage: Unlike candidates in a regular gubernatorial election, they wouldn’t be able to opt into the state’s public financing program to raise money for their campaigns. The discrepancy, realized by officials at the state Election Law Enforcement Commission, prompted the introduction of a bill that cleared a Senate committee Monday.

North Carolina: Voting law gets first test in Tuesday primaries | Al Jazeera

On a recent weekday night in central North Carolina, about 20 people, mostly African-American senior citizens, gathered in a neighborhood church. After an opening hymn, a congregant walked to the lectern and asked all to bow their heads. “As we listen to each speaker tonight,” she said, “we ask for better understanding of how to fulfill our right to vote.” The evening’s order of business was to educate people about the complexities of the state’s new voting law, enacted in August by the Republican governor and GOP-controlled legislature. Tomorrow’s primary elections, in which voters will choose local officials as well as nominees for congressional races, will be the first time North Carolina voters go to the polls since the law’s passage. Though Tuesday’s voting is unlikely to provide a significant test of the new law — turnout is typically low in midterm elections — voting-rights advocates are keeping an eye on provisions, such as curtailed early voting and the end of same-day registration, that they say will disproportionately affect poor, working-class and African-American voters. (The best-known element of the new law, requiring voters to show government-issued identification at polling places, is not scheduled to go into effect until 2016.)

North Carolina: Voting rights advocates say they’ll monitor precincts to see how law is being implemented | Associated Press

During Tuesday’s primary elections for one of the most closely watched U.S. Senate races in the country, voter advocacy groups will be trying to gauge the effects of a new state law that requires photo IDS at the polls, reduces the number of early-voting days, and eliminates same-day registration. Eight Republican candidates are competing to be the candidate who will challenge Democratic incumbent Sen. Kay Hagan in November. The contest is an important one for the GOP, which is trying to regain control of the U.S. Senate in this year’s midterm elections — and it is the first election in North Carolina held since the elections overhaul took effect. Several provisions of the new law are being challenged in at least four federal and state lawsuits. A key part of the law — requiring voters to show photo IDs — won’t start until 2016, although voters Tuesday will be asked if they have photo IDs. If they don’t, they can still vote, but will be asked to sign an acknowledgment of the ID requirements and will be given information on how to obtain a photo ID, in some cases for free.

Ohio: GOP’s secret voting scheme deliberations | Salon

In February, Ohio’s Republican Secretary of State Jon Husted announced his decision to cut early voting on Sundays and weekday evenings. This met swift opposition from voting rights advocates, who say the move is apiece with a Republican-led nationwide attack on voting methods highly utilized by minorities, who tend to lean Democratic. Salon has obtained email correspondences of officials working for Husted. Covering more than three months leading up to his controversial changes to early voting, the records show no interest among three top officials, including the Secretary of State, in how eliminating Sunday voting might affect the state’s African-American communities, which had long placed particular emphasis on after-church voting. The records also show that, in exercising its power to send information about the recent voting changes to organizations throughout the state, Husted’s office appears to express a strong preference for providing information to Republican-aligned groups, and even specifically addresses the possibility of excluding non-Republican legislators.

Virginia: Lawsuit alleges ‘racial gerrymandering’ | Associated Press

Virginia is one of several states where Democrats have gone to court to challenge redistricting plans drawn by Republicans seeking to keep control of the U.S. House of Representatives. Marc Elias, an attorney for the National Democratic Redistricting Trust, represents two Virginia voters in a lawsuit that accuses the General Assembly of “racial gerrymandering” by improperly packing African-Americans into the state’s only black-majority congressional district to make adjacent districts safer for GOP incumbents. A trial is set for this month. “We’re trying to remedy what we believe is an unconstitutional map drawn by the legislature,” Elias said. Democrats have also challenged GOP-drawn redistricting plans in other states — including Texas, Florida, Nevada and Missouri — but they are not alone in employing the tactic. Republicans also have asked courts to invalidate Democrat-produced remapping in a few states.

Canada: Federal lawyers tell Supreme Court that existing voter ID laws are effective | The Globe and Mail

A previous round of Conservative voter identification rules enacted in 2007 effectively met Parliament’s need for electoral integrity without being too strict, federal lawyers argue in a brief to the Supreme Court. The attorney general’s submission to the country’s top court comes as the Harper government moves to further tighten voting restrictions under its controversial Fair Elections Act. The legislation – also known as Bill C-23 – marks the second time the Conservatives have moved on what they perceive to be an issue of voter fraud, and it comes while their first round of reforms is still being legally contested.

India: The Device that Runs the World’s Biggest Election | New York Times

Thanks to a device that is the size and shape of a mini piano keyboard, India can boast that the country’s voters, all 814.5 million of them in 543 constituencies, can cast their ballot electronically, even in areas that have just one person. The 1.8 million electronic voting machines being used in this year’s elections, manufactured by Bharat Electronics and Electronic Corporation of India, both government companies, have been designed to adapt to the logistical challenges in India, where roads can be nonexistent and the electricity supply erratic. The machines are small enough to carry by hand and require only a six-volt alkaline battery. With one-third of India’s adult population illiterate, the voting machines feature both a list of candidates’ names and their party symbol. “The introduction of electronic voting machine was India’s biggest electoral reform,” said Manohar Singh Gill, India’s former chief election commissioner who supervised the 1999 election, the last one that used paper ballots. “The biggest disputes in paper ballots used to be on which vote is invalid and which is not. Recounting used to take days, and more disputes would emerge.”

Ukraine: Putin’s Human Rights Council Accidentally Posts Real Crimean Election Results; Only 15% Voted For Annexation | Forbes

The website of the “President of Russia’s Council on Civil Society and Human Rights” posted a blog that was quickly taken down as if it were toxic radioactive waste. According to the Council’s report about the March referendum to annex Crimea, the turnout was a maximum 30%. And of these, only half voted for annexation – meaning…

Arkansas: Voter ID law in Arkansas again found unconstitutional | Associated Press

An Arkansas judge on Friday again found the state’s new voter ID law to be unconstitutional but said there wasn’t enough time to prohibit officials from enforcing it during this month’s primary election. Pulaski County Circuit Judge Tim Fox ruled that the law requiring voters to show photo identification before casting a ballot violates the Arkansas Constitution. But Fox stayed his order, saying he did not believe there was time to stop the state from using the law for the May 20 primary because early voting is set to begin Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox told attorneys at the end of an hour-long hearing. Fox struck down the law in a separate case last week, but the state Supreme Court stayed that ruling while it considers an appeal of the decision. A spokesman for Attorney General Dustin McDaniel’s office said he planned to appeal Fox’s latest ruling against the law as well.

Arkansas: Judge again strikes down voter ID law; stay keeps law in effect | Arkansas News

For the second time in eight days, a Pulaski County circuit judge ruled Friday that an Arkansas law requiring voters to show photo identification at the polls is unconstitutional. Judge Tim Fox also stayed his order, leaving the law in effect. He noted that the state Supreme Court has stayed his April 24 ruling striking down Act 595 pending an appeal. The judge said he stayed his latest ruling for the sake of consistency because an appeal is “inevitable” and there is no time for the Supreme Court to decide whether to issue a new stay before early voting in the May 20 primary election begins Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox said. Fox issued his latest ruling in a lawsuit filed by the American Civil Liberties Union of Arkansas and the Arkansas Law Center on behalf of four Arkansas voters. He agreed with the plaintiffs that Act 595 imposes qualifications to vote in Arkansas that improperly go beyond the qualifications set forth in the Arkansas Constitution.

California: Increase in early voting alters election landscape | San Francisco Chronicle

California’s monthlong election day begins Monday, when the first of more than 8 million early ballots go out to people looking to turn their living rooms into voting booths. In county election offices across the state, booths also are being set up to accommodate the increasing number of voters who want to make their ballot decisions early. “We’ve already got the booths lined up outside our office in City Hall, ready for business,” said John Arntz, San Francisco’s election chief. The surging number of early and vote-by-mail ballots has had a profound effect on California elections, changing both the way people vote and how candidates campaign. Because voting starts almost a month before the June 3 primary, the traditional bombardment of TV and radio ads, mailers and partisan phone calls has begun earlier, too. … For many voters, mail ballots can be a way to have the best of both worlds, said Scott Konopasek, assistant registrar for Contra Costa County. “They can get their ballot earlier and go over it, but still hang on to it until late, in case something happens in the election,” he said.

Kentucky: Federal judge: Candidates don’t have right to absentee ballot lists | Cincinnati Inquirer

Candidates do not have a right to see who’s applied for absentee ballots before the election, a federal judge in Covington ruled this week. Republican Kentucky Senate candidate Deb Sheldon sued the county clerks of Campbell and Bracken counties, Kentucky Secretary of State Alison Lundergan Grimes and Attorney General Jack Conway, challenging a state law passed in 2013 that shields the names and addresses of those who applied for absentee ballots until after the election. Sheldon is running against two other Republicans for the open Senate seat in Campbell, Pendleton and Bracken counties. She sought a list of those who filed for absentee ballots and argued that keeping the names private violated her First Amendment rights.

Missouri: Early voting supporters say they have enough signatures | Springfield News-Leader

In the quest for early voting in Missouri, Matthew Patterson says Sunday was satisfying. About a half-hour before the 5 p.m. deadline, supporters of a ballot initiative petition to establish early voting in Missouri submitted what they said were more than 300,000 signatures contained in dozens of boxes. In order to go on the ballot, the initiative petition needs approximately 160,000 voter signatures. Patterson, the Springfield-based director of Missouri ProVote, said more than 36,000 signatures were collected in the Greene County area as part of a statewide effort. Locally, the collection effort began in mid-February and lasted until this past Friday, he said.

Oklahoma: Voter ID rulings give heart to plaintiff challenging Oklahoma law | Tulsa World

Recent court decisions in Wisconsin and Arkansas may not have direct application to Oklahoma’s voter ID law, but they do give heart to those challenging it, University of Tulsa law professor Jim Thomas said last week. “When I saw the Wisconsin decision, saw it was 91 pages, I was excited,” said Thomas. “It shows the attention the court gave to this case. It increased my confidence that Oklahoma’s law will be struck down.” Thomas represents Tulsan Delilah Christine Gentges in a case now before an Oklahoma County District Court. The lawsuit has followed a winding trail that has taken it from Tulsa County District Court to the Oklahoma Supreme Court and now to Oklahoma County.

South Carolina: Legislators working on election law fix | Associated Press

Both the House and Senate have passed a bill designed to prevent a lawsuit from throwing South Carolina’s elections into chaos again. But their versions differ. A six-member panel appointed this week will try to reach a compromise on the legislation, which is aimed at creating a statewide model for county election boards. Senate Judiciary Chairman Larry Martin has urged his colleagues to act quickly, noting a verdict on a lawsuit filed in March could jeopardize the June primaries. The South Carolina Public Interest Foundation has asked a judge to throw out a 2008 state law on how county election offices are constructed. Martin had warned such a lawsuit was likely, citing advice from the attorney general’s office that the law is unconstitutional. If a court affirms the top prosecutor’s opinion, there could be no one left locally to conduct elections, he said. Lawmakers also fear the potential of a verdict overturning upcoming elections. Legislators don’t want to take that chance two years after a lawsuit against a single candidate resulted in about 250 people being kicked off primary ballots statewide.

South Dakota: Testimony reveals Native Americans still face obstacles at the polls | Rapid City Journal

Some people believe that intimidation of minority voters is a concern of the past, but testimony at a public hearing Thursday revealed concerns that Native Americans still face obstacles when it comes to getting to the polls. Rapid City resident Mark Lone Hill spoke during the National Commission on Voting Rights hearing at the Journey Museum about his experience voting in the 2012 general election. “I filled out my ballot and made sure everything was checked out. So I go up to put it in the box, then this lady comes up and says: ‘Hold on, I want to make sure you’re putting that in right,'” Lone Hill said. “I know I had it in right, but she pulls it out, takes out my ballot and looks at it, then she turned it over and looked at it up and down to see who I’m voting for,” he continued. “Then she says, ‘Oh OK, I just wanted to put it in for you.'” Lone Hill said he was the only Native American at the polling station, the Bethel Assembly of God in north Rapid, at the time. This woman did not approach any other voter to check their ballots, he said. At least not until later that evening when his father went to vote at the same place.

Europe: Election voters face shift towards political fringes | The Irish Times

In less than three weeks’ time, voters in 28 countries across the European Union will go to the polls to elect the next European Parliament. Five years since the last set of European elections, the social and political context has altered profoundly. These elections will be the first since the full extent of the euro zone crisis became apparent, when Greece became the first of five European countries to seek a full or partial EU-IMF bailout in 2010. But while the continent is now tentatively emerging from recession, as economic growth returns, government bond yields settle down and countries such as Ireland and Portugal regain full market access, the scars of the economic crisis run deep. Between May 23rd and May 25th voters throughout Europe will have their first opportunity to express their opinions through the ballot box. The results are not expected to favour Europe’s mainstream political establishment. A shift towards the political fringes has been creeping in to national politics in a number of European countries in recent years as voter frustration with mainstream politics has intensified.

Canada: Long-term expat Canadians win voting rights | The Canadian Press

More than one million Canadians living abroad are now eligible to cast ballots in the next federal election after a court struck down a law stripping them of their voting rights. While mass murderers have the right to vote, long-term expats “who care deeply about Canada” do not have the right, Ontario Superior Court Justice Michael Penny said in his decision. Penny found part of the Canada Elections Act, which bars expatriates who have lived abroad for more than five years from voting, is unconstitutional. “The (government) essentially argues that allowing non-residents to vote is unfair to resident Canadians because resident Canadians live here and are, on a day-to-day basis, subject to Canada’s laws and live with the consequences of Parliament’s decisions.”

Iraq: Ballot count underway, with parties no closer to forming ruling coalition | Asharq Al-Awsat

As the Independent Higher Electoral Commission (IHEC) continues the difficult task of counting Iraqis’ votes, the post-election political scene remained fractured as parties began the potentially lengthy process of forming a coalition that will then form a government. Speaking to reporters one day after the elections, Iraqi Prime Minister Nuri Al-Maliki repeated claims that his State of Law coalition had secured victory, adding that he had already secured enough support to build a coalition government. Maliki’s allies had earlier claimed that the State of Law coalition had secured at least 90 seats in parliament, and the prime minister had told reporters that “we have an ability to pass the 165 seat mark,” the threshold required to form a majority government.

Panama: Incumbent’s Party Loses Presidency in Panama | New York Times

Panamanians, enjoying one of the fastest growing economies in the hemisphere but wary of corruption and growing executive power, rejected the governing party’s choice for president Sunday — on a ticket with the president’s wife for vice president — and instead hewed to tradition by electing an opposition candidate. Panama’s election commission declared the president-elect to be Juan Carlos Varela, who is vice president but broke with the governing party in a rancorous falling out and was stripped of many of his duties. He captured 39 percent of the vote, with more than three-quarters of the ballots counted.

South Africa: Tight security ahead of the elections | IOL News

With less than 100 hours until South Africa’s fifth democratic elections kick off, the countdown has begun. Political parties are pulling out all the stops to woo last-minute voters, the Independent Electoral Commission (IEC) is geared up to receive its 25.3 million voters and over 20 000 law-enforcement officers have been deployed across the country, with the SA National Defence Force on stand-by. On Saturday, the ministers in the justice, crime prevention and security cluster visited Bekkersdal in Gauteng to assure residents that voting will proceed smoothly. The township – which has been engulfed in service delivery protests since last year – is one of several areas countrywide identified as hot spots ahead of the elections.

The Voting News Weekly: The Voting News Weekly for April 28 – May 4 2014

May 4, 2014

afghanistan260 Voter ID laws dominated the news this week. After a Federal court struck down Wisconsin’s voter ID law, the State Attorney General promised an appeal but lawmakers recognized that there was little chance of reviving the law in a special legislative session. Despite last week’s ruling that Arkansas’s voter ID requirement was unconstitutional, the State Supreme Court granted a stay meaning that the law would be in effect for this month’s primary election. And in Pennsylvania, a Commonwealth Court judge on Monday denied a motion to reconsider his ruling overturning the state’s two-year-old voter identification law. In spite of these victories, opponents of restrictive voter Id requirements warned of potential disenfranchisement at the polls as at least eight states are slated to have such requirements in place in November. Rick Hasen considered the impact of the recent court decisions on the question of whether in-person voter fraud is a significant threat and whether a voter ID requirement would address that threat if it exists. In Arizona, a federal court has upheld the legislative map drawn by the State’s Independent Redistricting Commission, removing any question about which districts candidates would run in this year. The District of Columbia are now blaming a network failure for delays in reporting last month’s primary election results, and officials maintain that ensuring timely reporting would require at least $2 million in new electronic voting machines and server upgrades — and perhaps another $2 million in computers and other office improvements. One day after a Ramsey County judge ruled Minnesota Secretary of State Mark Ritchie had overstepped his bounds by establishing an online voter registration system unilaterally last fall, lawmakers passed legislation to preserve the system, which has already been used by thousands of voters. The two top vote-getters in Afghanistan’s presidential election alleged widespread fraud and other irregularities in the April 5 vote, while names missing from voter lists and malfunctioning voting machines caused frustrations in India.

National: Opponents of voter ID laws see time to fight running out | The Hill

Critics of tough voter ID laws are running out of time and options in their efforts to knock down those barriers ahead of this year’s midterm elections. Opponents got good news last week, when a state judge struck down Arkansas’s law, and another jolt Tuesday, when a federal judge ruled Wisconsin’s law, which wasn’t yet in effect, was unconstitutional. But their enthusiasm could be short-lived. At least eight states are still slated to have strict photo ID requirements in place in November, leading voting rights advocates to send dire warnings about potential disenfranchisement at the polls this year. Yet on Capitol Hill, the voter ID issue remains as partisan as ever, forcing even the sponsors of bills softening those rules to concede that their legislation has no chance of moving through a divided Congress in 2014. “My bill probably doesn’t have a lot of hope to it right now,” said Rep. Rick Larsen (D-Wash.), who’s pushing a proposal essentially nullifying many of the state-based ID requirements enacted in recent years, mostly by GOP legislatures, in the name of tackling election fraud. Instead, Democrats, advocates and other voter ID critics see their best hope in passing an update to the Voting Rights Act (VRA), the 1965 civil rights law that the Supreme Court gutted last summer.

Editorials: Exorcising the voter fraud ghost | Richard Hasen/Reuters

When it comes to the fight about voter fraud and voter suppression, how do you prove a negative? One key question in the battle over the legality of voter identification laws is whether such laws are necessary to prevent voter fraud and whether they suppress a lot of votes from eligible voters. Though the answer to the second question remains in considerable dispute, after Tuesday’s federal court decision striking down Wisconsin’s voter ID law, it is time for voter ID supporters to throw in the towel and admit state voter ID laws don’t prevent the kind of fraud they are supposedly targeted for. Federal Judge Lynn Adelman looked at the evidence from Wisconsin and reached a conclusion unsurprising to those of us who study how elections are run. “Virtually no voter impersonation occurs in Wisconsin,” Adelman wrote, “and it is exceedingly unlikely that voter impersonation will become a problem in Wisconsin in the foreseeable future.” Wisconsin is not alone in lacking such evidence. When the United States Supreme Court considered the constitutionality of Indiana’s voter ID law in 2008, the state conceded there was no evidence, ever, of impersonation fraud in the entire state.

National: Shining a Spotlight on How the Laboratories of Democracy Are Administering Elections | Work in Progress

A recurring lament among reformers is that the basic structural features of our constitutional system get in the way of needed change. For example, many believe that our federal system decentralizes policy-making and gives rise to partisan feuds in ways that thwart the adoption of positive reforms and enable bad situations to persist. This is certainly a common refrain with respect to our decentralized system for administering elections and the chronic problems associated with it. But there is a silver lining sewn into our federal system—namely, the potential for experimentation, innovation, and—not least—productive competition among what Justice Brandeis called our “laboratories of democracy.” State and local governments are free in many domains to tackle common problems differently, as they might see fit. Superior approaches developed in one state or locality can thus be adopted in places where performance is subpar. If not, the onus is on the underperforming policy-makers and administrators to explain themselves to their underserved citizens.

Editorials: Welcome to the beginning of the end of the GOP’s voter-imposter performance | Arvina Martin/The Guardian

After Tuesday’s court ruling that the Republican-sponsored voter ID law in Wisconsin was going to prevent more real votes than fraudulent votes from being cast, Republicans who insist on pushing more states to adopt these overreaching laws are going to have to do some serious mental gymnastics to convince anyone that voter impersonation is a real issue, let alone a big enough problem to affect any election. US District Court Judge Lynn Adelman ruled that the law, passed by the state’s Republican legislature and signed by Governor Scott Walker in May 2011, places an unconstitutional burden on the right to vote and violates the Voting Rights Act because of its disproportionate effects on black and Latino voters. Judge Adelman agreed with the main point that voter ID opponents have long argued: there is virtually no voter impersonation – despite claims like that of State Senate Majority Leader Scott Fitzgerald, who told the Green Bay Press Gazette “We continue to see these isolated incidents of people trying to vote five, six times a day; people voting based on some sort of fraudulent documentation that’s offered.” Additionally, Adelman ruled that whatever voter impersonation does occur does not justify the potential infringement on citizens’ voting rights. “It is,” Adelman wrote, “absolutely clear that Act 23 will prevent more legitimate votes from being cast than fraudulent votes.” He added: The evidence at trial established that virtually no voter impersonation occurs in Wisconsin. The defendants could not point to a single instance of known voter impersonation occurring in Wisconsin at any time in the recent past.

Arizona: Federal panel upholds Arizona legislative map | AZ Central

A divided federal court has upheld the legislative map drawn by the Arizona Independent Redistricting Commission, removing any question about which districts candidates would run in this year. The 2-1 decision by a federal panel came 13 months after the trial, which was sought by a group of Republican voters, including the wife of Senate President Andy Biggs. The plaintiffs argued the map approved by the redistricting commission in 2011 violated equal protections as ensured by the U.S. Constitution because partisanship motivated the creation of some of the 30 districts. But the court assumed that partisanship was not a contributing factor as it weighed the legal arguments in the case, although it conceded that in one district in northern Pinal County, it contributed to a commission decision to shift the boundary lines.

District of Columbia: Fixing election night delays could cost millions | WTOP

Potential remedies for election night delays in D.C. might cost millions of dollars, according to elections leaders who spoke at a public hearing Tuesday. Most recently, there was an hours-long delay in tallying votes after polls closed in the April 1 Democratic primary in D.C. The public and the media waited well into the night to learn that D.C. council member Muriel Bowser had defeated Mayor Vince Gray. Earlier this month, D.C. elections officials said some problems with electronic voting machines may have led to the delay in reporting results.

Georgia: After Wisconsin Voter ID Ruling, What’s Next For Georgia? | WABE