Monthly Archives: July 2014

North Carolina’s new voter ID law, currently being litigated in federal court in Winston-Salem, is an election lawyer’s dream. Ending same-day registration, cutting early voting from 17 days to 10, eliminating a popular high school civics program encouraging students to register before they turn 18, expanding poll “observers” and instituting the country’s toughest photo ID requirement, the statute is a cornucopia of voter restriction. Small wonder we’ve been sued by the federal government. Winston Churchill once rejected a dessert by saying: “Take away that pudding; it has no theme.” The same cannot be said of our voter ID bill. It changes election law in dozens of disparate and intersecting ways. The principal features have only this in common: Each makes it harder to vote than it was before. Such is life, here, at the leading edge of American voter suppression. Perhaps it should come as no surprise, then, that one of the potent challenges to the statute hasn’t been seen in our voting rights jurisprudence before. Seven college students from across the state argue that the oddly constructed identification measure violates the 26th Amendment to the U.S. Constitution. You remember it, the provision that reduced the voting age from 21 to 18 and says, interestingly, that the right to vote “shall not be denied or abridged … on account of age.”

Afghanistan: Presidential vote audit halted over which ballots to throw out | The Guardian

Afghanistan’s tenuous deal to resolve its presidential election crisis fell into jeopardy over the weekend when an ambitious audit was halted just days after it began. Election workers began looking for irregularities before agreeing rules about which ballots should be thrown out, but a dispute over invalidation led one audit team to walk out of the recount on Saturday afternoon, Afghan and foreign sources said. The team agreed to go back to work nearly 24 hours later, but still do not have a deal on what constitutes fraud. Progress has been slow for a country that has been in a dangerous political limbo for months. After three days of counting, the audit teams of election workers, international and Afghan observers and agents for the two presidential candidates, Ashraf Ghani and Abdullah Abdullah, had only made their way through 435 boxes of ballot papers. With more than 22,000 boxes to be checked in the unprecedented recount of all votes cast, the teams must speed up dramatically or Afghanistan will not have a new president until 2015.

Australia: Compulsory ID a first for Queensland vote | SBS News

The state Liberal-National Party government said it introduced the law in May to reduce voter fraud. Opponents said it will deprive some of the most marginalised groups, including Indigenous and ethnic communities, of their democratic right. “Voter fraud has been an issue in the past and there does continue to be an issue of people voting multiple times or voting as other people,” said the LNP Stafford candidate Bob Andersen. “It’s not too much to ask just to produce ID and verify who they are and then give their one vote and make it count.” The LNP has presented no evidence of systematic fraud in Queensland elections. “The last time this was thoroughly looked at, the court of Disputed Returns in Chatsworth went through 20,000 votes and the instances they found of double voting were very, very minor,” said Labor’s Queensland state secretary Anthony Chisholm. “So there is no justification for this and they’re just trying to advantage themselves and stop people voting and they’re the people that need a voice the most.”

Indonesia: Prabowo says will not accept election result | euronews

Indonesian presidential candidate Prabowo Subianto said on Sunday he will not accept the election result due to be announced in coming days, accusing the Elections Commission of not properly investigating alleged cheating at the polls. The Elections Commission is due to announce on Tuesday the winner of Indonesia’s closest presidential election ever. A protracted wrangle over the result could begin to undermine confidence in Southeast Asia’s biggest economy which has seen strong investment, particularly in its extensive natural resources, in recent years. Monitoring of ballot counts by private groups last week, and quick counts shortly after the July 9 election by reputable pollsters, showed Prabowo’s rival, Jakarta Governor Joko “Jokowi” Widodo was set to win.

Indonesia: Delay being sought for release of Indonesia’s election results| Wall Street Journal

The former army general vying for the Indonesian presidency on Sunday urged the elections commission to address possible voting irregularities, as one of his top allies alleged “cheating” and called for a delay in the release of official results. Former Suharto-era general Prabowo Subianto’s team repeated an assertion he’s made since the election that they had uncovered a number of irregularities in the polls. Indonesia’s national elections commission “guaranteed” that the process would be “clean and transparent,” Mr. Subianto said. “So we demand what has been promised by law.” Mr. Subianto said reports of irregularities needed to be resolved to ensure the count was legitimate. The official results are to be announced Tuesday. Failing to act on the claims of irregularities would call into question the legitimacy of the electoral process, Mr. Subianto added.

Wisconsin: Elections board to consider lifting ban on poll observers using cameras | Wisconsin State Journal

The ban on election observers using cameras at polling locations may soon be lifted in Wisconsin. That move, which was recommended by the Republican-controlled Legislature, is set to be considered Monday when the state elections board meets to vote on proposed changes to election observer rules. If the Government Accountability Board approves the change, observers might be able to use cameras to photograph and record voters and others at polling places by the Aug. 12 primary, including people getting ballots and registering to vote. Earlier this year, Gov. Scott Walker signed a bill allowing observers to get closer to those they are monitoring. The legislation said that observation areas at polling places can be as close as three feet from the tables where voters obtain ballots or register, or from counting locations — rather than the six feet previously required. Observers would need to remain in those areas while filming or taking photographs of voters, and photographing ballots would still be prohibited.

The Voting News Weekly: The Voting News Weekly for July 14-20 2014

July 20, 2014

High profile Voting Rights Act cases in North Carolina and Texas were in court and the Justice Department has indicated that it will join lawsuits against Republican-backed voting restrictions in Ohio and Wisconsin as well. Signs of movement toward ending the stalemate over the Election Assistance Commission as the White House announced it had received nominations from…

National: Obama administration to join voting rights cases in Ohio and Wisconsin | MSNBC

The Obama administration plans to join lawsuits against Republican-backed voting restrictions in two major swing states, Attorney General Eric Holder has said. The moves would represent the first time that Holder’s Justice Department has intervened against statewide voting laws outside the areas that the Supreme Court freed from federal oversight in last year’s Shelby County v. Holder ruling. They underline the administration’s intention to aggressively protect voting rights across the country, not only in the mostly southern jurisdictions directly affected by Shelby. “I expect that we are going to be filing in cases that are already in existence in Wisconsin as well as in Ohio,” Holder said in an unaired portion of an interview with Pierre Thomas of ABC News, according to a transcript provided by the Justice Department to msnbc. The interview was conducted Friday in London, where Holder was attending meetings about terrorism threats.

Voting Blogs: U.S. Election Assistance Commission May Be Back with Commissioners Soon | Election Law Blog

President Obama just announced two nominations for the U.S. Assistance Commission. Matthew Masterson and Christy McCormick are Republican-chosen nominees to join the two nominees from the Democrats, Thomas Hicks and Myrna Perez. The EAC was created as part of the 2002 Help America Vote Act as a way of providing best practices and doling out voting machine money in the wake of the Florida 2000 debacle. The commission functions with two Democratic nominees and two Republican nominees. As I explain in The Voting Wars, the EAC started out with some independent commissioners who looked like they were going to transcend partisan politics and get some stuff done. But then there was controversy over a voter id report, and pressure on Republican commissioners.

California: How Los Angeles County is Rethinking Oudated Voting Technology | NationSwell

With 4.8 million registered voters, 5,000 polling places and the need to provide voting material in 12 different languages across the country’s largest election jurisdiction, Los Angeles County has its hands full during election season. Which is why local election administrators are looking beyond repairing old systems to design a new one that meets the unique needs of its voters, according to Governing. The project, helmed by registrar-recorder/count clerk Dean Logan, is aimed at creating a public-owned and operated, transparent and safe system that ensures voters their ballot is accurately cast and counted. The current system, which was developed by the L.A. County government during the late 1960s, employs different contracts from various commercial vendors for components of the overall voting system, according to Logan. He contends there has yet to be a voting system on the market to meet L.A. County’s needs, and creating a modernized system rather than rebuilding a version of an existing model is the solution.

Florida: Legislature agrees to redraw invalid congressional districts — for 2016 | Miami Herald

Florida legislative leaders ended their silence on their rejected congressional map Tuesday and announced they will not appeal a judge’s ruling, but will redraw the invalid map, as long as they can wait until after the 2014 election. House Speaker Will Weatherford and Senate President Don Gaetz asked Judge Terry Lewis to clarify his ruling about the timing of the revisions he is ordering when he ruled that two districts violate the Fair Districts standards of the state constitution, rendering the entire map invalid. Lewis scheduled a hearing on the case for Thursday. Weatherford, R-Wesley Chapel, and Gaetz, R-Niceville, said Tuesday that revising the districts in the midst of a campaign season — after ballots have been printed and campaigns launched — would be impractical and disruptive. Elections officials sent overseas absentee ballots by Saturday, before lawmakers announced the decision not to challenge the maps.

National: All Mail Elections Quietly Flourish | The Canvass

Rep. Dickey Lee Hullinghorst (D-Colo.) thought an all-mail election sounded like a bad idea when she heard Oregon was mailing out ballots to every voter during the2000 election. “It was a traditional thing for me—I liked to go to my polling place on Election Day,” she said. A little more than a decade later, Hullinghorst was one of four legislators who sponsored HB 1303, a 2013 bill that made Colorado the third state to have all-mail elections or vote-by-mail elections. Hullinghorst, majority leader in the Colorado House, said the success of vote-by-mail elections in Oregon and Washington convinced her that Colorado was ready to make the change in 2013. And it wasn’t much of a leap for a state that previously permitted jurisdictions to hold all-mail elections, excluding general elections. More than 74 percent of voters in Colorado chose to cast a mail ballot in the 2012 general election, according to the Colorado County Clerks Association. While Oregon, Washington and Colorado are the only states that automatically mail to every registered voter a ballot and do not run traditional in-person voting precincts, voters in many other states have experienced some form of a vote-by-mail election.

Editorials: The F.E.C. Lags on Campaign Finance Disclosures | New York Times

Billions of dollars are being spent in the run-up to this November’s midterm elections. The Supreme Court has struck down limits on campaign spending by corporations and unions, as well as overall caps on individual donations to candidates for federal office. More and more money is also being spent through ostensibly independent “super PACs” and nonprofit entities. Even as cash gushes through the system, though, we still have a key underpinning of our campaign finance law: the principle that the public has a right to know who finances campaigns, and how candidates, parties and other political committees are using those funds. If the Federal Election Commission, the agency charged with receiving and reviewing the reports and making the information available, falls down on the job, this principle is undermined. On May 21, about a month after reports for the first quarter of this year were filed, the research and technology teams here at the Center for Responsive Politics did a routine download of F.E.C. data, as we’ve done hundreds of times in our 30-year history. We use the information to populate a database that allows anyone to track giving by individual donors, their employers and their economic interests and to examine the links among campaign money, lobbying activity and the personal finances of politicians and key officials.

Voting Blogs: County elections official in ‘uncharted territory’ with California recount | electionlineWeekly

For elections officials in California, during a busy election year, July is often the time for well-deserved vacations, elections office housekeeping and a time for general administrative work and slow ramp-up to November. But this year, elections officials in 15 of the state’s 58 counties are either busy hand-counting ballots or preparing for their turn to count. On July 6, Democrat John Perez, who came in third behind Democrat Betty Yee in the race for state controller sent a letter to California Secretary of State Debra Bowen requesting a recount. Under California law, any voter may request a recount if they pay for it. Perez, who lost to Yee by 481 votes, requested that 15 counties manually recount dozens, if not all of their precincts.

Editorials: Florida Déjà Voodoo – Why there is no reform that could be better for progressives than redistricting reform | Ron Klain/Slate

In my legal career, I’ve suffered two painful defeats litigating against the Republican political machine of Florida. The first was a case called Bush v. Gore. The second—less famous, but just as bitter—came two years later, in 2002, when I worked on a legal challenge to Florida’s absurdly partisan redistricting plan, only to see our claims rejected by both the state and federal courts. So last week’s court ruling overturning gerrymandered congressional districts in Florida gave me a serious case of déjà vu for several reasons. First, its author was Leon County Circuit Court Judge Terry Lewis—a major figure in the post-2000 Florida election litigation miasma, who ultimately wound up overseeing the statewide hand recount of ballots that the U.S. Supreme Court halted in its infamous 5–4 order. Second, the ruling represented a long overdue vindication of our 2002 claim that the Florida Legislature had abused its power in entrenching its control over the state through redistricting. While much of the coverage of Lewis’ opinion has focused on the Florida legislative “chicanery” that it laid bare, a more substantial question is this: Why did this case strike down a hyper-partisan districting plan, when virtually every other such court challenge, in virtually every other state, has failed over the past three decades? How was the widespread bastardization that allows “representatives to pick their voters, instead of voters picking their representatives” finally checked by a court decision?

Mississippi: State Supreme Court Rejects McDaniel Petition To Review Poll Books | TPM

The Mississippi Supreme Court on Thursday rejected state Sen. Chris McDaniel’s (R) petition filed against the Harrison County clerk in order to gain access to all election records from the U.S. Senate primary runoff. McDaniel demanded “access to and full examination of all the original election materials,” including poll books. The Mississippi Attorney General and Harrison County Circuit Clerk Gayle Parker argued that a candidate’s right to review election records does not include poll books. Judge Josiah Coleman wrote in the court’s opinion that the clerk did not need to include poll books in election boxes for candidate review.

Ohio: House Speaker says he’s open to law setting early voting hours | News Leader

The Republican head of the Ohio House says he’s open to considering legislation setting hours for early voting in state law, rather than leaving it to the secretary of state or court action to determine when Ohioans can cast ballots in person before Election Day. “We’re thinking about it, very definitely,” Speaker Bill Batchelder (R-Medina) told reporters following an event at the Statehouse this past week. Statehouse Republicans moved a series of election law changes over the current session but have not dealt with the voting hours issue. Absent action, Republican Secretary of State Jon Husted initially adopted an early voting schedule for the November general election that included mostly weekday polling, a plan he said had the backing of bipartisan county elections officials. A federal judge’s order, however, prompted Husted to open the polls over two additional days — the Sunday and Monday before Election Day, which were not part of his original directive.

Virginia: Arlington election officials favor acceptance of expired photo-IDs at polls | Inside NOVA

Arlington election officials want the State Board of Elections to permit voters to use expired photo-IDs, such as passports and driver’s licenses, if they do not have current IDs when they come to the polls in November. “Does a photo ID past its expiration date mean it’s invalid as ID for voting? We think not,” the county elections office said on its Twitter feed (@arlingtonvotes) July 14. Arlington election officials are among those statewide who have weighed in on the issue. Election officials from several jurisdictions say using out-of-date identification will not cause a problem. “The photo IDs are intended to prove identity, and even an expired driver’s license or passport still serves to prove identity, even if the document cannot be used to drive or travel,” said April Cain, vice chairman of the Henrico County Electoral Board, during a public-comment period on the issue. But not everyone was in agreement.

Indonesia: Volunteer Indonesia Vote Count Website Under Attack | The Jakarta Globe

A website built by volunteers to trawl through publicly available General Election Commission (KPU) data and conduct its own informal vote count came under attack from hackers on Thursday, according to the site’s founder — a day after it published data showing Joko Widodo in the lead. “Our team is fighting; there are only five of us against hundreds,” KawalPemilu.com founder Ainun Najib told news portal Tempo.co on Thursday. Ainun, a former International Math Olympiad champion, said the attacks began on Wednesday afternoon after news spread that the site had posted data showing Joko Widodo and running mate Jusuf Kalla ahead with just under 53 percent of the vote.

Indonesia: As Indonesia’s democracy is on the verge of crisis, hackers and fakers attack crowdsourced vote counts | Tech Asia

Indonesia’s young democracy is on the verge of a crisis with two presidential candidates claiming victory after last week’s general election. Both candidates have declared that they have received the people’s mandate to lead the country, and the nation is gearing up towards July 22 when the General Elections Commissions (KPU) will be announcing the winner based on the official vote tally. But both candidates are likely going to challenge the count, possibly leading to a stalemate and a constitutional emergency. So the KPU has done something breathtaking in Indonesia: releasing the vote tally documents to the public. Indonesians now can go to the KPU site and download all the scanned documents and count the votes themselves. This has sparked people to start up initiatives such as Kawal Suara, a site that crowdsources the count, and Kawal Pemilu, where a 700-man team of volunteers is counting the ballots in a “secret Facebook group” and publishing the count results in real-time on their website. Other initiatives include a Tumblr site called C1 Yang Aneh, which collects ballot documents which have unusual data, like a wrong tally or, worse, documents with no numbers. Even the KPU recently suggested its members to check the website to help identify the documents. C1 Yang Aneh now has over 100 verified “weird” documents after 900 documents were flagged by crowdsourced helpers.

Turkey: Challengers Claim Media Bias in Turkey’s Presidential Campaign | VoA News

With less than a month before the Turkish people go to the polls to elect a president for the first time in their history, a dispute has broken out on the disproportionate amount of media coverage Prime Minister Recep Tayyip Erdogan has been receiving on public television as opposed to the other two candidates. Turkey’s first popular presidential election is mired in controversy over its fairness. Both of the rivals of Prime Minister Recep Tayyip Erdogan in the August presidential election are crying foul. Selahattin Demirtas, candidate for the pro-Kurdish Peace and Democracy Party, is accusing Turkey’s state broadcaster TRT of blatant bias favoring Prime Minister Erdogan.

United Kingdom: As Scotland decides, not all Scots get a vote | Reuters

Ruth McPherson was born and educated in Scotland but left to work in London two years ago and so has no say on whether her native country should end three centuries of union with England. Over a million Scots like McPherson living outside the land of their birth can take no part in its Sept. 18 referendum on breaking from the rest of Britain, while one in six of those who can vote were not born in Scotland. That has fuelled a debate on just what it means to be Scottish in the 21st century. “It’s ridiculous,” said McPherson, 26. Born in Inverness and brought up in nearby Elgin in the north, she studied in the capital, Edinburgh, before following generations of compatriots south of the English border for a job in publishing. “I will be a Scottish citizen if the Yes vote goes through,” she said. “It seems ridiculous that you can be a Scottish citizen without being able to take part in this decision.”

Editorials: North Carolina Will Determine the Future of the Voting Rights Act | Ari Berman/The Nation

In 1940, 19-year-old Rosanell Eaton took a two-hour mule ride to the Franklin County courthouse in eastern North Carolina to register to vote. The three white male registrars told her to stand up straight, with her arms at her side, look straight ahead and recite the preamble to the Constitution word-for-word from memory. Eaton did so, becoming one of the few blacks to pass a literacy test and make it on the voting rolls in the Jim Crow era. Eaton, a granddaughter of a slave, is one of the unsung heroes of the civil rights movement. She’s devoted her life to expanding the franchise, personally registering 4,000–5,000 new voters before losing count. “My forefathers didn’t have the opportunity to register or vote,” she said. “It is my intention to help people reach that point when they could do something.” Now, as a result of North Carolina’s new voting restrictions—widely regarded as the most onerous in the country—the 93-year-old activist could be disenfranchised by the state’s voter ID requirement because the name on her driver’s license does not match the name on her voter registration card.

Texas: Travis County Developing Electronic Voting System With a Paper Trail | Government Technology

Imagine casting your vote on an everyday touch-screen tablet that prints out a paper copy of your ballot, as well as a take-home receipt you can use to verify it was counted. Such a system could be in place at Travis County polls as early as 2017. For the past three years, the county and a group of experts have been designing the specifications for new voting software that would rein in costs while providing what critics of electronic machines have long requested: a verifiable paper trail. “You can never win the argument over black box voting,” said Travis County Clerk Dana DeBeauvoir. Under the system being developed, a voter would use a device — likely a tablet — to fill out an electronic ballot and then print out a paper copy for voters to check. The electronic ballot wouldn’t be tallied unless the voter deposited the paper copy into a ballot box that scans a serial number printed on it. The voter would also receive a receipt with a code that can be entered online to confirm the ballot was counted.

Texas: How a Texas redistricting case could revive the Voting Rights Act | MSNBC

A push to fix the Voting Rights Act has stalled in Washington. But a trial taking place this week in a sleepy San Antonio courtroom could help revive the landmark law without Congress lifting a finger. At issue in the case is a redistricting plan approved in 2011 by Texas’s Republican legislature. The Obama administration charges that the plan intentionally discriminated against the state’s soaring Hispanic population in an effort to boost the GOP’s share of seats in Congress and the statehouse. Texas admits the plan was designed to help Republicans—which isn’t illegal—but says it did not aim to target Hispanics. If a three-judge panel rules against Texas, it likely would not affect the state’s congressional district maps, because a federal court has already rejected the original maps and created new ones that are fairer. Instead, the implications would be much bigger—potentially even bolstering voting protections for racial minorities in states across the country.

Afghanistan: Audit of Presidential Election Begins | New York Times

Afghan election workers on Thursday began auditing the votes cast in last month’s presidential election runoff, monitored by American and United Nations observers. The audit of almost eight million ballots cast in the June 14 runoff was part of a deal brokered last weekend by Secretary of State John Kerry to ease a dispute between the two candidates, Abdullah Abdullah and Ashraf Ghani, that had threatened to fracture Afghanistan’s government only months before the NATO-led combat mission here is to formally end. Mr. Abdullah and Mr. Ghani also agreed to enact broad changes to Afghanistan’s system of government in the coming years. But first the audit must determine who will actually be Afghanistan’s next president. It is a huge undertaking that is expected to take three to six weeks and, officials cautioned, run into snags along the way.

Editorials: Voter ID lawsuits are the last chance to prove the laws are intentionally racist | Ana Marie Cox/The Guardian

This week, the US Department of Justice and the state of Texas started arguments in the first of what will be a summer-long dance between the two authorities over voting rights. There are three suits being tried in two districts over gerrymandering and Texas’s voter identification law – both of which are said to be racially motivated. In its filing, the DoJ describes the law as “exceed[ing] the requirements imposed by any other state” at the time that it passed. If the DoJ can prove the arguments in its filing, it won’t just defeat an unjust law: it could put the fiction of “voter fraud” to rest once and for all. These battles, plus parallel cases proceeding in North Carolina, hinge on proving that the states acted with explicitly exclusionary intent toward minority voters – a higher standard was necessary prior to the Supreme Court’s gutting of Section 3 of the Voting Rights Act (VRA) back in January. Under Section 3, the DoJ had wide latitude to look at possible consequences of voting regulation before they were even passed – the “preclearance” provision. Ironically, because the states held to preclearance had histories of racial discrimination, some of the messier aspects of the laws’ current intentions escaped comment.

Alaska: Ballot Power: The Revolution in How Alaska Natives Vote | ICTMN

A perfectly timed combination of negotiation and grassroots organizing has allowed numerous Native villages across Alaska to become absentee in-person voting locations for federal elections for the first time. That’s a sea change from just a few weeks ago, when voters in only about 30 Native villages had a way to cast a ballot ahead of Election Day, said Nicole Borromeo, general counsel of the Alaska Federation of Natives (AFN). Meanwhile, Alaska’s urban voters had 15 days to do so. The locations will be in place for the August primary. This transformation in voting access follows years of fruitless requests to the state for the election services by three groups: AFN, an organization of regional and village corporations, tribes and other entities; ANCSA Regional Association, a group of Native-corporation CEOs; and Get Out The Native Vote. “In late June, AFN and ANCSA sat down with the state and said, ‘we will sign up the locations,’” recalled Borromeo, who is Athabascan from McGrath Native Village. The state agreed, and the Native team began seeking groups and individuals to handle the election activities.

California: Assemblyman plans to introduce California recount overhaul measure | The Sacramento Bee

Assemblyman Kevin Mullin said he plans to introduce legislation next month to overhaul California’s recount laws, with the goal of preventing a repeat of the increasingly acrimonious recount underway in the state controller’s race. Mullin, D-San Mateo, said his office is researching “a variety of options” to put forward after lawmakers return from their summer recessAug. 4. Proposals could include having the state pay for recounts, standardizing counties’ recount policies, or having a law that triggers a recount in very close races, Mullin said in a statement.

Florida: State says it will change its congressional districts after judge said violate state law. But after the election.| The Washington Post