Monthly Archives: July 2014

On Nov. 17, 2010, Eric Opiela sent an email to Gerard Interiano. A Texas Republican Party associate general counsel, Opiela served at that time as a campaign adviser to the state’s speaker of the House Joe Straus, R-San Antonio; he was about to become the man who state lawmakers understood spoke “on behalf of the Republican Congressmen from Texas,” according to minority voting-rights plaintiffs, who have sued Texas for discriminating against them. A few weeks before receiving Opiela’s email, Interiano had started as counsel to Straus’ office. He was preparing to assume top responsibility for redrawing the state’s political maps; he would become the “one person” on whom the state’s redistricting “credibility rests,” according to Texas’ brief in voting-rights litigation.

Afghanistan: United Nations Assistance Mission to oversee Afghanistan’s presidential election audit | UPI

U.S. Secretary of State John Kerry announced Saturday during his visit to Kabul that Afghanistan will undertake an audit of the votes cast in the presidential election run-off on June 14. The audit will determine which candidate succeeds Hamid Karzai. Preliminary election results released show former Finance Minister Ashraf Ghani in the lead with 56.44 percent of the vote and former Foreign Minister Abdullah Abdullah trailing behind with 43.56 percent. Abdullah challenged the legitimacy of the election, alleging fraud and questioning the Independent Election Commission’s preliminary election results. Kerry arrived in Kabul on Friday to meet with the candidates regarding the political transition. In a joint press conference, Ghani emphasized Afghanistan’s need for “the most intensive and extensive audit possible to restore faith [in the election].”

Editorials: After Afghanistan’s questionable election, a real chance for peace | The Washington Post

A week ago the political system fostered by the United States in Afghanistan was on the brink of collapse, with a new civil war being the likely result. After Afghan election authorities announced the preliminary results of a presidential election runoff, the apparent loser, Abdullah Abdullah, readied what looked to some like a coup, dispatching forces to Kabul police stations and lining up provincial governors to endorse his announcement of a government. Timely phone calls to Mr. Abdullah and rival Ashraf Ghani, first by Secretary of State John F. Kerry and then by President Obama, temporarily defused the crisis. Now Mr. Kerry has brokered an accord that appears to establish a clear plan for arbitrating the dispute over the election and establishing a stable government — a turnaround so remarkable that the U.N. representative in Kabul is calling it “not just a top-notch diplomatic achievement [but] close to a miracle.”

Indonesia: Election dispute emerges as serious test for Indonesia | Financial Times

After 16 years of peaceful democracy, the dispute over who won Indonesia’s presidential election is turning into a serious test for both the country and outgoing President Susilo Bambang Yudhoyono, whose legacy will depend on how he handles the clash. Both Joko Widodo, the reformist Jakarta governor, and Prabowo Subianto, a self-styled military strongman, have claimed victory in the July 9 election, although most polling agencies and independent political analysts suggest Mr Widodo has won. The official vote count will not be completed until July 22, but both sides have already accused each other of trying to rig the process. If neither side accepts the outcome of the official count, it will be left to the national election commission (KPU), the Constitutional Court and President Yudhoyono to find a solution.

Slovenia: Recently Formed Center-Left Party Wins Slovenian Parliamentary Election | Wall Street Journal

A recently formed center-left party in Slovenia, started by a newcomer in politics, scored a landslide victory in a parliamentary election Sunday amid voters’ distrust in established parties and unease over state asset sales in this small euro zone-state, preliminary results of nearly 90% of votes counted by the State Election Commission showed. The result, if confirmed, can make Miro Cerar, a 50-year-old law professor, the country’s fourth prime minister since the 2008 start of a global downturn. Mr. Cerar, whose father is the country’s well-known Olympic medalist, launched his eponymous Party of Miro Cerar just five weeks ago. He quickly became popular among voters looking for a new leader untarnished by corruption scandals that have dogged some incumbent parties.

Alabama: State spends $3 million on runoff | Gadsden Times

Alabama taxpayers will spend $3 million on a runoff election Tuesday that most citizens will skip. Alabama’s chief election official, Secretary of State Jim Bennett, said he expects about 5 percent of Alabama’ 2.85 million active voters to participate because of a lack of races that draw voters. “You have no extremely high profile elections,” Bennett said. His forecast is less than one-fourth of the 22 percent who turned out in the primary June 3. No party has a runoff for governor or U.S. Senate. The Republican Party has runoffs for secretary of state, state auditor and Public Service Commission Place 2, the 6th Congressional District, and six legislative seats. The Democratic runoff has no statewide races, no congressional contests, and only one legislative runoff. Only 20 of Alabama’s 67 counties have a Democratic runoff Tuesday.

California: Secretary of state candidates call for changes in recount law | Los Angeles Times

Both candidates vying to be California’s next secretary of state say the controversial recount in the controller’s race demonstrates the need to change election laws. Sen. Alex Padilla, the Democratic candidate from Pacoima, called the process “embarrassing.” Pete Peterson, a Republican who leads a public policy institute at Pepperdine University, said recount laws are “a mess.” The recount was called by Assemblyman John A. Pérez after he finished 481 votes behind Betty Yee, a Board of Equalization member, in the June 3 primary. The two Democrats are vying for the chance to face off with Ashley Swearengin, the Republican mayor of Fresno, in the November general election. In California, any candidate or registered voter can call for a recount, but he or she has to pay for it.

California: Palmdale continues lonely fight against California Voting Rights Act | Los Angeles Times

Across California, cities, school districts, even water boards are scrambling to comply with the state’s Voting Rights Act and settle costly lawsuits, or avoid them altogether. Palmdale is an exception. Leaders in the Antelope Valley city have lost court battles and racked up big legal bills fighting to keep their system of electing officials, which a trial court last year ruled violates minority voters’ rights. An appeals court recently agreed with the trial judge on some points, and now the city is asking the state Supreme Court to step in. “I think every city in California needs to wake up. … We should all unite instead of folding,” Palmdale Mayor James Ledford said. He repeated his view that the lawsuits are “nothing but a money grab” by the plaintiffs’ attorneys.

Florida: Ruling That Rejects 2 Districts’ Borders Casts Haze Over Coming Elections | New York Times

After political operatives helped redraw the boundaries of Florida’s Fifth Congressional District, now held by Representative Corrine Brown, a Democrat, it snaked all the way from Jacksonville to Orlando, packing in more Democrats, but also benefiting Republicans in nearby districts. In a similar process in the 10th District, in the Orlando suburb of Winter Garden, an “appendage” was tacked on benefiting the incumbent, Representative Daniel Webster, a Republican. On Thursday night in a scathing decision, a state court judge tossed aside those district lines, saying they “made a mockery” of a voter-approved amendment meant to inject fairness into a process that has long been politically tainted. But Judge Terry P. Lewis’s blistering attack offered no remedy or timetable for fixing the boundaries. With Florida’s primary election only six weeks away, it is unclear whether voters will cast ballots on Aug. 26 and then on Nov. 4 based on a map that a judge has declared unconstitutional — or whether changes, if they withstand appeal, will be postponed until 2016.

Florida: Redistricting ruling could mean big change, or status quo | Miami Herald

The court ruling that invalidated Florida’s congressional districts this week will give voters in November’s elections something they are used to: uncertainty. Leon County Circuit Court Judge Terry Lewis rejected the Legislature’s 2012 congressional map and specifically ordered two of the state’s 27 districts redrawn to comply with the state’s Fair Districts constitutional amendment. U.S. Rep. Corrine Brown, a Jacksonville Democrat, should see her sprawling district become more compact and follow traditional political boundaries, Lewis ruled. And U.S. Rep. Dan Webster, a Winter Garden Republican, should have his Orlando-based district revamped to eliminate the partisan advantage that came when lawmakers swapped out Hispanic Democrats for white Republicans. Among the harsh criticism Lewis directed at the Republican-controlled Legislature was that they allowed “improper partisan intent” to infiltrate the redistricting process and seemingly ignored evidence that partisan political operatives were “making a mockery” out of their attempts to conduct themselves with transparency.

Kansas: Judge rules for Kobach on voter registration | Associated Press

A judge cleared the way Friday for Kansas to use a dual voting system to help enforce its proof-of-citizenship rule for new voters, suggesting that doing otherwise could taint the state’s August primary election. Shawnee County District Judge Franklin Theis’ ruling was a victory for Secretary of State Kris Kobach, a conservative Republican who champions the citizenship rule as an anti-election fraud measure. Critics contend it will suppress the vote. Theis rejected the American Civil Liberties Union’s request to block a policy Kobach outlined last month in instructing county officials on handling ballots from voters who registered using a national form without providing a birth certificate, passport or some other documentation of their U.S. citizenship. Kobach advised counties to set aside the ballots and count only their votes in congressional races.

Mississippi: Coming Soon: The FEC Complaint (and Election Challenge) in Mississippi | Slate

Yesterday afternoon, journalist Charles C. Johnson — who’s based in California — announced a surprise press conference to be held at the National Media Center. The looming, anonymous building housed a group that had been paid by for work the National Republican Senatorial Committee, and that had purchased ads in Mississippi that warned black voters of the danger if they let Thad Cochran lose his primary. Johnson, joined by New Jersey political operative Rick Shaftan, was there to lay out the possible, illegal ramifications of this. “It is an incontrovertible fact that one of this firm’s top officials, John Ferrell, signed forms for race-baiting ads all over Mississippi,” said Johnson, reading his statement as a local Tea Party leader hoisted a Gadsden flag. “Rick Shaftan and I did the work nobody in the media bothered to do and obtained the order forms direct from radio stations in Mississippi.” Ferrell had not commented, and the media write large had not followed up the story. Indeed, I was one of just four reporters who decided to stop by the presser. Johnson deferred to Shaftan on the details of the case. “There is no proof that his theory is true,” he said, “but there is no proof that it is not true.”

Pennsylvania: Minor parties win right to challenge election code | Pittsburgh Post-Gazette

A decade after Ralph Nader‘‍s failed attempt to get on the presidential ballot in Pennsylvania, the U.S. Court of Appeals for the 3rd Circuit in Philadelphia ruled Wednesday that minor parties should get another day in court. The 54-page opinion stated the Constitution, Green and Libertarian parties have the standing to challenge the constitutionality of two provisions of state election code regulating ballot access. Third-party candidates are required to submit nomination petitions with signatures, and then to bear administrative and legislative costs if those petitions are successfully called into question.

Texas: State Fights U.S. Again Over Black, Latino Voting Rights | Bloomberg

Republican lawmakers argue they intended to weaken Democrats and not discriminate against black and Latino voters when they drew controversial election maps in 2011. To voting-rights activists and the Obama administration, it’s a distinction without a difference. They contend redrawn voting districts designed to advantage Republicans are biased against minorities who have historically voted more for Democrats. Those arguments in a three-year-old fight over Texas redistricting return to federal court today in San Antonio. It will be the first voting rights trial since the U.S. Supreme Court ruled last year that states with a history of racial discrimination no longer need federal approval to change their election rules.

Texas: Feds taking ‘prime role’ in Texas voting maps case | Associated Press

Efforts by the Obama administration to wring protections out of a weakened Voting Rights Act begin Monday in Texas over allegations that Republicans intentionally discriminated against minorities when drawing new election maps. A federal trial in San Antonio comes a year after the U.S. Supreme Court made a landmark ruling that Texas and 14 other states with a history of voting discrimination no longer need permission from Washington before changing the way elections are held. The Justice Department and minority rights groups now want a three-judge panel to decide that Texas still needs that approval under a historically obscure portion of the Voting Rights Act that has drawn new attention since the heart of the 1964 civil rights law was struck down.

Editorials: Voting in China, a Distant Dream | Yu Hua/New York Times

I am 54, but have never in my life seen an election ballot. “Have you seen one?” I ask people, out of curiosity. Like me, most of them have no idea what a ballot looks like and have only seen pictures on television of people completely unknown to them clutching a ballot and voting on their behalf. A few say they have seen a ballot, but a long time ago, in their college days, when a class monitor came over, ballot in hand, and had them write down a name they’d never heard of. That was the closest they came to a democratic election. Every March, however, almost 3,000 National People’s Congress delegates and more than 2,000 Chinese People’s Political Consultative Conference delegates gather in Beijing. The government claims that, as participants in the political process, they represent the voices of China’s 1.35 billion people. Every five years sees a turnover in the two assemblies, and at the meetings in March 2013, delegates who had completed their terms made way for new members. A friend of mine, returning to Beijing after a lecture tour in Europe, got a phone call as soon as he landed: He had been elected a member of the C.P.P.C.C., he was told, and was to proceed at once to the meeting hall.

Indonesia: In Contested Election, Indonesia’s Democracy on the Line | The Irriwaddy

Indonesia’s young democracy faces its biggest challenge since emerging from decades of autocratic rule 16 years ago after both candidates claimed victory in last week’s presidential election. It will be up to two key institutions, both with bruised reputations, to decide which of the two men who contested the July 9 poll has the right to move into the white-pillared presidential palace in central Jakarta and lead the world’s third biggest democracy for the next five years. The first will be the Elections Commission, hit by graft charges in the past, and which is now in the process of checking the vote count before it announces the final result by July 22.

New Zealand: Environmental groups set case against Electoral Commission | New Zealand Herald

A group of six New Zealand environmental organisations are set to file documents against the Electoral Commission this afternoon, in what they have described as a freedom of speech test case. The groups — Greenpeace, Forest and Bird, 350 Aotearoa, Generation Zero, Oxfam New Zealand and WWF New Zealand — have brought the case after the Electoral Commission branded material produced by them as an election advertisement. The material in question related to the Climate Voter initiative, launched last month, which aims to get all political parties to address climate change in the run up to September’s General Election. Election advertisements must adhere to a strict set of legal requirements, and restrictions on spending.

Slovenia: Six-Week-Old Slovenian Party Triumphs in Early Election | Bloomberg

The six-week-old party of Slovenian political newcomer Miro Cerar won a snap election on pledges to reconsider the state-asset sales that helped sink the previous government. Cerar’s party got 35 percent of the vote, beating jailed ex-Premier Janez Jansa’s Slovenian Democratic Party, which got 21 percent, the State Election Commission said yesterday with 99.9 percent of ballots counted. Karl Erjavec’s pensioners party, Desus, was third with 10 percent, while the United Left was fourth with 6 percent, according to the commission, based in Ljubljana, the capital. Turnout was 51 percent, it said. Cerar is set to form the fourth coalition government since 2008 in the former Yugoslav republic of 2 million, which pushed through a 3.2 billion-euro ($4.4 billion) banking rescue last year to avoid a bailout similar to fellow euro members Greece and Cyprus. His pledge to review outgoing Premier Alenka Bratusek’s privatization plan risks friction with the European Union, which backed the proposals to help bolster state coffers.

The Voting News Weekly: The Voting News Weekly for July 7-13 2014

July 13, 2014

indonesia260 Arguing that North Carolina’s voter ID law violates the 26th Amendment, college students have opened a new front in the highly partisan battle over voting rights. Scott Fulton looked at the security protocols of Scytl’s Internet Voting system. The closest race in California history will showcase what some observers see flaws in the State’s recount process. A judge threw out Florida’s congressional redistricting map Thursday, ruling that the Legislature allowed for a “secret, organized campaign” by partisan operatives to subvert the redistricting process in violation of the state Constitution. After a weeklong trial, a federal judge will decide whether North Carolina’s new voting law is so onerous on black voters that it needs to be blocked before the November elections. A U.S. District Court Judge denied almost all of a set of motions filed by Texas Attorney General Greg Abbott’s office to dismiss the U.S. Justice Department’s suit against the State’s voter ID law before it goes to trial. Secretary of State John Kerry helped negotiate a “comprehensive audit” of Afghanistan’s contentious run-off election and both candidate’s claimed victory in the Presidential election in Indonesia.

National: College Students Claim Voter ID Laws Discriminate Based on Age | New York Times

Civil rights groups have spent a decade fighting requirements that voters show photo identification, arguing that this discriminates against African-Americans, Hispanics and the poor. This week in a North Carolina courtroom, another group will make its case that such laws are discriminatory: college students. Joining a challenge to a state law alongside the N.A.A.C.P., the American Civil Liberties Union and the Justice Department, lawyers for seven college students and three voter-registration advocates are making the novel constitutional argument that the law violates the 26th Amendment, which lowered the voting age to 18 from 21. The amendment also declares that the right to vote “shall not be denied or abridged by the United States or any state on account of age.” There has never been a case like it, and if the students succeed, it will open another front in what has become a highly partisan battle over voting rights.

Editorials: Scytl e-voting exposes the dangers of automating a democracy | Scott M. Fulton/Fierce Enterprise Communications

Technology is already neutral. While vendors and manufacturers and lobbyists characterize technology as a natural force unto itself with the power to improve our lives and work simply through direct contact with it, more often than not, it provides people within organizations, societies, states and countries with the tools they require to further entrench themselves in bureaucracy, and to bury themselves further in the obscurity and anonymity they desire. The first trials of Scytl’s protocol took place in Norway in 2013. The Carter Center, which has monitored and verified the accuracy of global elections ever since Pres. Carter left the White House, reported on the progress of the Scytl approach (.pdf). The process of voting in Norway, according to that report, was not at all dissimilar to the way B-52 bombers were told to attack Moscow in the movie Dr. Strangelove:

In order to vote, a voter had to register their mobile phone with a centralized government register (one could do so online while the voting was underway). The voter should have also received a special card… delivered through the postal service, with personalized numeric return codes. These cards provided the voter a list of four-digit numbers corresponding to each party running for election. The four-digit numbers were randomly assigned for every voter so that, for example, any two voters who wanted to cast their vote for Labour would unlikely have the same return codes associated to the Labour party.

California: Controller recount highlights concern about California election law | Los Angeles Times

In much the way surgeons need skilled hands and fighter pilots must have great eyesight, there is at least one key requirement for election workers handling the recount in California’s controller race: long attention spans. Starting Friday, they will gather in government offices and sit four to a table, where ballots will be lined up for their review. One worker will read a voter’s decision, another will watch and two more will keep count. They will do this thousands and thousands of times. “It has to be people who can stay focused, because you can understand how boring it can get,” said Debra Porter, Imperial County registrar. And if the workers lose count, they’ll have to backtrack to make sure they get it right. This tedious process is at the heart of what could become the largest recount in California history. It will also showcase a rarely discussed area of state law that observers and participants say fails to provide an equitable safeguard in close elections.

Florida: Judge throws out Florida’s congressional map | Miami Herald

A judge threw out Florida’s congressional redistricting map Thursday, ruling that the Legislature allowed for a “secret, organized campaign” by partisan operatives to subvert the redistricting process in violation of the state Constitution. Leon County Circuit Court Judge Terry Lewis ruled that two of the state’s 27 districts are invalid and must be redrawn, along with any other districts affected by them, to bring the map into compliance with the state’s new Fair District amendments. The 41-page ruling, issued late Thursday, invalidates the entire congressional map and raises questions now about whether the map will be redrawn before the November elections or revised later. The case, brought by a coalition led by the League of Women Voters, is expected to be appealed and ultimately decided by the Florida Supreme Court.

North Carolina: Decision on voting law injunction now up to federal judge | Winston-Salem Journal

A federal judge will now have to decide whether North Carolina’s new voting law is so onerous on black voters that it needs to be blocked before the upcoming November elections. That’s the central question after a four-day hearing in U.S. District Court in Winston-Salem ended Thursday afternoon. National and local voting-rights activists are closely watching the case. U.S. District Judge Thomas D. Schroeder said in court that he would issue a written decision at a later date, noting it would be “sooner rather than later,” given the urgency of the matter. State attorneys argued Thursday that the law was not discriminatory and that it gave everyone an equal opportunity to vote. Opponents disagree. The hearing featured about three days of testimony from state officials, Democratic legislators, experts and blacks voters who said they would be burdened by voting changes that Republicans legislators passed in 2013. The law, known as the Voting Information Verification Act and referred to in the hearing as House Bill 589, would reduce early voting from 17 days to 10, eliminate same-day voter registration, prohibit county elections officials from counting ballots cast by voters in the correct county but wrong precinct and get rid of pre-registration by 16- and 17-year-olds.

California: Disabled often banned from voting in Los Angeles, complaint says | Associated Press

At a time when election officials are struggling to convince more Americans to vote, advocates for the disabled say thousands of people with autism spectrum disorder, cerebral palsy and other intellectual or developmental disabilities have been systematically denied that basic right in the nation’s largest county. A Voting Rights Act complaint to be filed Thursday with the U.S. Justice Department goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? The complaint by the Disability and Abuse Project argues that intellectual and developmental disabilities, including conditions such as Down syndrome, are not automatic barriers to participating in elections. It seeks a sweeping review of voting eligibility in Los Angeles County in such cases, arguing that thousands of people with those disabilities have lost the right to vote during the last decade. “We want these past injustices to be corrected, and we want the judges and court-appointed attorneys to protect, not violate, the rights of people with developmental disabilities,” Thomas F. Coleman, the group’s legal director, said in a statement.

Minnesota: West Bank voter fraud allegations dismissed | The Minnesota Daily

More than a hundred absentee voters who registered at the address of a mailbox center in Cedar-Riverside will have to re-register under their home addresses — a decision that follows a stir in the Somali community regarding legal voting practices. At an administrative hearing on Thursday, the Hennepin County Attorney’s office announced that the case of 141 improperly registered voters was not an intentional or organized effort, dismissing allegations of voter fraud. The hearing came about two weeks after the attorney’s office was prompted to investigate the incident by a petition filed by a lawyer for Rep. Phyllis Kahn, DFL-Minneapolis.

Mississippi: Could Chris McDaniel Get A Do-Over In The Mississippi Senate Race? | The Daily Beast

Could there be yet another election in the Republican Senate primary in Mississippi? More than two weeks after six-term incumbent Thad Cochran won the GOP runoff against Tea Party challenger Chris McDaniel, campaign workers are still swarming county courthouses in the Magnolia State trying to find evidence to overturn the election. Although Cochran won by 7,667 votes on election night, McDaniel’s campaign alleges that enough votes were improperly cast to call the result into question. McDaniel has hired Mitch Tyner, a prominent Mississippi trial lawyer who was a long-shot Republican candidate for governor in 2003, to lead his legal team. In a press conference this week outside a courthouse in Jackson, McDaniel’s lawyer claimed that there were lots of allegations and reports of voter fraud in the race. At the time, when the margin between the two was only 6,700, Tyner said that the McDaniel campaign didn’t need to find that many illegal votes to force a do-over of the runoff but thought they would find ample evidence.

North Carolina: Final arguments begin in voter lawsuit | Winston-Salem Journal

After three days of testimony, a hearing in federal court is wrapping up on whether to block certain provisions of North Carolina’s new voting law, such as eliminating same-day voter registration, for November’s election. U.S. District Judge Thomas D. Schroeder on Wednesday began listening to final arguments from plaintiffs’ attorneys. The U.S. Department of Justice, the state NAACP, the League of Women Voters and other groups have filed lawsuits challenging the law and are seeking a preliminary injunction to prevent many of the provisions from going into effect during the Nov. 4 general election. Among the many provisions, the law reduces the number of days of early voting from 17 to 10, eliminates same-day voter registration and prohibits county election officials from counting ballots cast by voters in the correct county but wrong precinct. It also gets rid of pre-registration for 16- and 17-year-olds and would require voters to show a photo ID, beginning in 2016.

Texas: Voter ID law must stand trial, judge rules | MSNBC