Yearly Archives: 2014

Lawyers for Chris McDaniel say they expect to file a challenge of McDaniel’s June 24 GOP runoff loss to incumbent U.S. Sen. Thad Cochran within the next 10 days. Attorney Mitch Tyner said that despite “roadblocks” to access of voting records that have required lawsuits against county circuit clerks, the campaign has uncovered widespread illegal voting. He said it’s already enough to support a legal challenge of the Republican runoff, but the campaign is still gathering evidence and will not yet provide specifics. As has become the paradigm for the nasty, bitter battle between the six-term incumbent Republican and the tea party challenger, the Cochran campaign responded with a news conference shortly after the Wednesday McDaniel camp news conference. “Almost a month ago, Mississippians chose their Republican nominee,” said Cochran adviser Austin Barbour. “… They have still not presented one shred of evidence. … Sadly, with their lack of evidence, they fill that gap with rhetoric, grandstanding and fundraising appeals.”

North Carolina: College students challenge North Carolina voting law | USA Today

Starting in 2016, students in North Carolina will have to present a photo ID to vote. Among the forms of acceptable identification are driver’s licenses, passports and military IDs. College IDs, however, are not accepted. The new law has troubled many students in the college community, and now seven students are suing. The students claim the photo ID requirement and measures such as the elimination of out-of-precinct voting are discriminatory against young people, joining organizations such as the NAACP, the American Civil Liberties Union and the Justice Department in a legal battle against the state. The case challenges the constitutionality of North Carolina’s Voting Information Verification Act (VIVA), passed by the state Legislature in 2013. The law also eliminates same-day registration for voters and shortens the period for early registration.

Afghanistan: Questions remain ahead of Afghan election audit | BBC

Just hours before the official start of an audit of eight million votes in Afghanistan, negotiations were under way with the electoral authorities to pin down the ground rules. All the votes cast in last month’s presidential runoff are due to be scrutinised under an agreement brokered by US Secretary of State John Kerry at the weekend. Afghans heaved a collective sigh of relief when the deal was announced, because it appeared to offer a reprieve just when many feared the country risked slipping back into chaos and violence after both candidates, Ashraf Ghani and Abdullah Abdullah, disputed the results. But there are still some hurdles to be overcome. A final “checklist” setting out what constitutes a “suspect vote” still needs to be agreed upon with the electoral authorities. “They’re still trying to draft it now as we speak,” one insider told the BBC on condition of anonymity, as dusk approached on Wednesday evening.

Australia: Government rejects Senate order to disclose Electoral Commission software code | Sydney Morning Herald

The government has rejected a Senate demand to disclose the Australian Electoral Commission’s secret computer code used to electronically count Senate preference votes. The motion, passed by the Senate last week, was prompted by the AEC’s refusal to comply with a freedom of information request made by digital activist Michael Cordover. He wanted to scrutinise the source code for the EasyCount application, but the AEC’s chief legal officer Paul Pirani instead declared him “vexatious”. The Senate motion, introduced by Greens senator Lee Rhiannon, called on Special Minister of State Michael Ronaldson to table the source code, as well as correspondence and documents relevant to the decision to have Mr Cordover declared a “vexatious” applicant and the assertion he “colluded” with another activist to “harrass” the AEC. … Mr Ronaldson said the government would not table any documents or correspondence relating to Mr Cordover’s FOI request, because the matter would soon appear before the Administrative Appeals Tribunal. He also refused to publish the source code for the Senate counting system.

Editorials: Government’s voting source code secrecy is dumb and dangerous | ZDNet

Here’s an idea for streamlining our national elections. Once people have voted, how about we scoop up all the ballot papers, put them into a big sack, and hand it to a group of masked strangers? They take the sack away somewhere — somewhere secret, so no-one can interfere with them — and some time later they return and just tell us who won. I reckon it’d be cheaper and a lot less trouble for everyone than all this slow, manual counting in front of scrutineers, right? No? Don’t like it? Well, boys and girls, given that the Australian government is refusing to show us the source code for the Australian Electoral Commissions’s EasyCount software, that’s pretty much exactly how your votes for the Senate are being counted right now. Your Senate votes, the ones where you’ve carefully specified your preferences for dozens of candidates, go into the black box of EasyCount, magic happens, and out pops the result.

Indonesia: The Good News from Indonesia’s Election Stalemate | Foreign Policy

We don’t know who the winner is yet, but the presidential election in Indonesia, the world’s third largest democracy, is already proving to be the most exciting in recent memory: messy, polarized, and full of drama. Both candidates — Djoko Widodo (known as Jokowi) and Prabowo Subianto — are claiming victory, each citing unofficial results produced by several private polling agencies. Indonesia’s official news agencies have now withdrawn their initial vote projections in order to calm the waters before the official results are released. The Indonesian Election Commission will start counting the votes on July 21. According to the English-language Jakarta Post, cases of foul play are spreading “like a rash during the vote tabulation phase.” Most of the complaints are coming from Jokowi’s supporters. Whoever wins, his margin of victory will be small. Both candidates have already made it clear that they will not accept defeat on the basis of the vote count determined by the Indonesian Election Commission (KPU). That means that the second-place candidate will probably take matters to the Constitutional Court, which will delay the official announcement of the results by a month, complicate the country’s already chaotic post-electoral politics, and test the (so far admirable) discipline of each camp’s supporters.

California: Primary recount could last beyond November election | The Sacramento Bee

Election officials in Kern and Imperial counties continued hand recounts Monday of thousands of ballots in the state controller’s race, with a new survey by the secretary of state’s office suggesting that the recount could last well beyond the Nov. 4 election if it covers all of the 15 counties sought by former Assembly Speaker John A. Pérez. In election results certified Friday, Pérez finished 481 votes behind second-place finisher Betty Yee, out of more than 4 million votes cast. Both Democrats seek to take on first-place finisher Ashley Swearengin, the Republican mayor of Fresno.

California: Plan to split California into six states could end up on 2016 ballot | The Guardian

One billionaire’s plan to divide California into six states might actually make an appearance on the ballot in 2016. Clad in a tie depicting his vision for a divided state, venture capitalist Tim Draper on Tuesday delivered 1.3m signatures to Sacramento, the state’s current capital. That exceeds the state’s 807,615 signature requirement for getting a constitutional amendment on the ballot, though officials will still have to determine the validity of those signatures. Draper, who recently purchased 29,656 bitcoins in a government auction, said that he wants the state divided into six separate entities, each with their own constitutions, governments and, presumably, flags. He believes that dividing the state into six parts would solve California’s problems and lead to greater accountability.

Florida: G.O.P. Seeks Delay on New Districts | New York Times

Two top Republican leaders in Florida announced Tuesday that the Legislature would redraw the boundaries for the two congressional seats that a judge ruled unconstitutional, but they said they did not want the map to take effect until the 2016 elections. In agreeing, for the moment, not to appeal Thursday’s state court decision, Will Weatherford, the State House speaker, and Don Gaetz, the State Senate president, are hoping to persuade the judge that the 2014 elections would be thrown into “chaos” if the process was rushed. The Legislature’s decision surprised analysts and lawyers who expected a protracted legal fight. Still, the possibility of an appeal remains, depending on the judge’s decision.

Mississippi: Hinds County GOP Chair: only 300 to 350 questionable votes | Clarion-Ledger

Hinds County GOP Chairman Pete Perry on Tuesday said only 300 to 350 questionable votes were found as the Chris McDaniel and Thad Cochran campaigns scoured records of more than 25,000 votes cast in the county in their primary runoff. Perry said he believes McDaniel’s claims of 1,500 or more potentially illegal votes — and voter fraud — in Hinds County has been “debunked.” “I guess inflation occurs in campaigns with numbers just as it does with egos,” Perry said at a press conference at the county courthouse Tuesday. McDaniel and his campaign have claimed there were widespread irregularities and voter fraud in Hinds County and statewide. They appear to be working toward a legal challenge of the runoff. Six-term incumbent U.S. Sen. Cochran defeated McDaniel in the runoff by 7,667 votes, winning 51 percent of more than 382,000 votes statewide.

Mississippi: GOPers Prep For McDaniel Lawsuit To Contest Mississippi Race | TPM

Establishment Republicans and allies of Sen. Thad Cochran (R-MS) have scoffed at state Sen. Chris McDaniel’s (R) claims of rampant voter fraud in the runoff election between the two for U.S. Senate. But, ahead of a press conference on Wednesday where McDaniel plans to discuss the evidence he’s found, Cochran’s campaign and the Mississippi Republican Party have also taken steps to prepare for some kind of lawsuit. Since the runoff, McDaniel and his supporters have been poring over poll books in search of proof that Cochran only won the runoff through Democratic votes. McDaniel’s lawyers claim that if the state senator can prove that Cochran’s margin of victory was only through votes that shouldn’t have been counted in a Republican primary, a new election is automatically triggered (legal experts are skeptical of this). McDaniel, according to Mississippi College School of Law Professor Matthew Steffey, needs the state Supreme Court to order a new election so a legal challenge seems to be the next step.

Oregon: Top-two primary initiative qualifies for November ballot |Statesman Journal

Oregonians could dramatically alter the way they choose candidates if a ballot initiative to open the state’s primary elections passes in November. The open or top-two primary initiative qualified Tuesday for the November ballot with 91,716 valid signatures, according to the Secretary of State’s Office. The measure would create a new, nonpartisan primary election process where candidates from all parties appear on a single ballot. The two candidates who received the most votes in that election would advance to a general election. “We are very happy; excited,” chief petitioner James Kelly said. “We’ve been waiting a long time.” Washington and California both have open primaries, but Oregon voters overwhelmingly rejected a similar measure in 2008.

Washington: Yakima County’s new machine speeds, automates ballot sorting | Yakima Herald Republic

There will be much less handling of ballots in Yakima County this election, thanks to a new $200,000 machine that systematically counts, verifies and sorts each ballot into its corresponding precinct. “It will save a lot of time and a lot of hands by not pulling other auditors away from their jobs to help us,” county Elections Manager Kathy Fisher said Monday as a representative from the manufacturer demonstrated how to use the machine. Although the new machine won’t speed up the time it takes to count votes, it will get ballots to the counting process faster.

Wisconsin: U.S. attorney general wades into Wisconsin voter ID court battle | Wisconsin State Journal

The U.S. Justice Department plans to get involved in Wisconsin’s voter ID lawsuit, Attorney General Eric Holder said in a recent interview. “We have already filed suit in Texas and North Carolina,” Holder said. “I expect that we are going to be filing in cases that are already in existence in Wisconsin as well as in Ohio.” Holder’s comments were made in an interview with ABC News that aired Sunday. Holder’s office confirmed the statement but would not elaborate on what kind of action was planned. Wisconsin’s Republican attorney general, J.B. Van Hollen, criticized Holder’s comments.

Afghanistan: Back from brink, but vote recount fraught with risk | Reuters

The euphoria over a U.S.-brokered deal between Afghanistan’s rival presidential candidates at the weekend was a sign of how close some people believe the country came to a split along ethnic lines that could quickly turn violent. The speed at which that relief has evaporated suggests the political crisis, playing out as foreign troops prepare to withdraw after more than a decade policing the war-torn nation, is not over yet. And while Afghans and foreign governments fret over the fate of the election, an insurgency led by the ousted Taliban militia rages on. On Tuesday, at least 89 people were killed when a car bomb exploded in a crowded market in the eastern province of Paktika, one of the worst attacks in a year.

Australia: Electoral Commission bucks Senate on voting source code | Computerworld

The Australian Electoral Commission has refused a Senate order to reveal the underlying source code of the EasyCount software used to tabulate votes in upper house elections. A motion moved by Greens Senator Lee Rhiannon on 10 July directed Special Minister of State Michael Ronaldson to table the source code as well as correspondence between Ronaldson’s office and the AEC relating to a freedom of information request for the source code. In October, following the fraught outcome of the Senate election in WA, Hobart lawyer Michael Cordover filed a freedom of information application with the AEC requesting the release of the source code and documentation of any data formats used by the software. The AEC rejected the FOI application, citing section 45 of the FOI Act, which exempts “documents that disclose trade secrets”.

Indonesia: Not as Easy as One, Two, Three, Indonesians Join the Vote Count | Wall Street Journal

This year’s election in Indonesia has charted a lot of firsts for the world’s third-largest democracy. It was the first race between just two candidates, the first to end with quick counts from pollsters showing different winners and the first to use crowdsourcing to involve volunteers with the vote tabulation. The candidates, Joko Widodo and Prabowo Subianto, are both waiting for official results to be released by the Indonesian Elections Commission early next week and current President Susilo Bambang Yudhoyono has called for their supporters to hold off celebrating. In the meantime, several neutral groups have set up websites asking for volunteers to keep track of the vote count by submitting scanned copies of their voting papers. They’re also asking people to post evidence of irregularities on Twitter. Meanwhile, the General Elections Commission (KPU), which is charged with counting and confirming the votes, has started uploading PDF forms from each polling station to its website. Known as C1, these forms document the number of votes cast at each polling station and show how many went to each candidate.

Malawi: Ballots destroyed in fire | BBC

Some 1,500 ballot boxes from May’s disputed election in Malawi have been destroyed in an unexplained fire. It comes amid an opposition demand for a recount of voting papers for a parliamentary seat in a constituency in the capital, Lilongwe. The High Court was set to hear arguments about the case on Thursday. In May, it overruled an attempt by former President Joyce Banda to annul the presidential vote, which she said was marred by rigging. Peter Mutharika, leader of the Democratic Progressive Party (DPP), was declared the winner, taking 36.4% of the presidential vote.

Russia: Kremlin Seeks Research on Foreign Electoral Systems | The Moscow Times

The Department of Presidential Affairs has announced a tender for research on the electoral systems of foreign countries in a potential bid to reform Russia’s own electoral system, the Vedomosti newspaper reported Tuesday. Citing a copy of the tender’s technical requirements, Vedomosti reported that the president’s advisers on domestic policy are interested in themes including the practice of limiting citizens’ right to elect and to be elected “within the framework of democratic norms,” various electoral systems and practices for uniting electoral blocs and international practice in regulating the activities of election monitors and campaigners.

National: In most states, tied elections can be decided by a coin toss | The Washington Post

A New Mexico election for a judge was decided Tuesday by coin toss after the two candidates tied in the primary race. Kenneth Howard Jr. and Robert Baca, both Democrats, received 2,879 votes in their June 3 primary in McKinley County, the Gallup Independent reported. According to New Mexico law, tie breakers are to be decided by lot. Howard won the coin toss, which was done by a Democratic official, and because there was no Republican opponent for the job, he will become the northwestern New Mexico county’s newest magistrate judge. New Mexico is one of 35 states that determines tied elections by a coin toss or some other means of chance, according to state constitutions, statues, and election legislation reviewed by The Washington Post.

Alabama: Ban on openly carrying gun at polls isn’t legal in Alabama | New York Times

When Jimmy Allen walked into the polling station at the Lakeview Volunteer Fire Department on June 3 to cast his ballot in Alabama’s primary election, he had no idea that the .40-caliber Smith & Wesson M&P Pro Series CORE pistol strapped to his side — a gun that fires 15 rounds from a magazine, plus the one already in the chamber — would raise eyebrows. Allen votes regularly, and no one had given his gun so much as a second glance before. But on this day, a polling official — his Aunt Rita, actually — took issue. “She threw her hands in the air and said, ‘No guns allowed!’ ” Allen recalled last week. “I laughed, because I thought she was being funny.”

California: Los Angeles Court Accused of Violating Voting Rights | Courthouse News Service

Los Angeles Superior Court unlawfully strips voting rights from thousands of disabled Americans who are under adult guardianship, an advocacy group claims in a complaint to the Department of Justice. The Disability and Abuse Project of Spectrum Institute, “as next friend of limited conservatees under the jurisdiction of the Los Angeles Superior Court,” sent a formal complaint against Los Angeles Superior Court on Thursday to the Department of Justice’s Civil Rights Division. Project director Dr. Nora Baladerian said in a statement: “Being told that you are less than other Americans and that you cannot exercise your right to vote has a detrimental emotional and psychological effect on people with disabilities. We trust that Attorney General Eric Holder will take action to protect the rights of these deserving American citizens.” According to the 8-page complaint, thousands of people with developmental or intellectual disabilities lose their right to vote after parents petition probate court to allow them to make legal, financial and medical decisions for their adult children.

Florida: Politicos Ponder Fallout From Redistricting Ruling | WJCT

Members of Congress, candidates and political observers are grappling with the fallout of a judge’s Thursday ruling that two of the state’s congressional districts were illegally drawn for partisan reasons. Lawyers on Friday were preparing to ask Leon County Circuit Court Judge Terry Lewis to move quickly to prescribe a remedy for the flawed map. Meanwhile, Democratic Congresswoman Corrine Brown blasted Lewis’s decision, while a former congressman blamed the ruling after pulling the plug on a comeback attempt. While Lewis declared that the GOP-dominated Legislature’s maps were unconstitutional under the state’s anti-gerrymandering standards approved by voters in 2010, he did not specifically lay out a fix for the districts. He could redraw the lines himself or order lawmakers to do it.

Editorials: Kansas voting ‘cure is worse’ | Wichita Eagle

In signing off Friday on Secretary of State Kris Kobach’s galling plan to let some Kansans vote in some races and not others on Aug. 5, a judge concluded that “the cure is worse than the disease.” That’s an apt description of the law that Kobach sold as a remedy for voter fraud but that has created a barrier to voting for 19,500 Kansans. The American Civil Liberties Union wanted to block Kobach from treating voters’ ballots differently depending on whether they registered using the state or federal form. Shawnee County District Judge Franklin Theis probably chose the least confusing option of letting Kobach’s nutty two-tiered plan proceed while the larger legal battle plays out in federal court. As he said, if he forced election officials to count all votes from both kinds of registrants and Kobach later prevailed in court, it would be “a mess” at that point to try to identify and discount the unlawful votes.

Mississippi: Chris McDaniel asks Mississippi Supreme Court to open voting records | Associated Press

U.S. Senate challenger Chris McDaniel is taking his quest to view original voting records to the Mississippi Supreme Court. McDaniel asked Monday for an emergency order forcing Harrison County Circuit Clerk Gayle Parker to let him see original copies of poll books. He’s trying to prove people who voted in the June 3 Democratic primary illegally voted in the June 24 Republican runoff won by incumbent U.S. Sen Thad Cochran. Cochran finished with a 7,667-vote margin of victory, according to official results. McDaniel ultimately is trying to persuade a court to order a new runoff, arguing his loss was tainted by illegality. His lawyers say they have a right to the full original records, including birthdates.

North Dakota: Got Tribal ID? North Dakota Natives May Not Be Able to Use Theirs to Vote | ICTMN

In a news conference on Thursday, July 10, North Dakota Secretary of State Al Jaeger defended his strict reading of North Dakota voting law. The American Civil Liberties Union and the Freedom Resource Center, representing those with disabilities, had called on Jaeger to rethink his interpretation, which allows voters to use a small number of forms of identification. The rights groups say this has unfairly burdened tribal and disabled voters. Heather Smith, the ACLU’s North and South Dakota director, said Jaeger’s interpretation had created the “strictest voter ID law in the nation.” She claimed it violates the Voting Rights Act and flies in the face of federal-court decisions striking down such laws.

Texas: State accused of purposely excluding minorities in redistricting | Associated Press

The U.S. Justice Department told judges Monday that Texas lawmakers carefully crafted electoral maps marginalizing minority voters despite the state’s exploding Hispanic population in a deliberate effort to racially discriminate and protect conservative incumbents. Attorneys for Texas countered that the Legislature did the best it could, given that it had to devise maps partisan enough to pass the Republican majority, while dismissing suggestions of intentional discrimination. The case, which opened before a three-judge federal court panel in San Antonio, concerns electoral districts drawn in 2011 for U.S. House elections, as well as voting maps for the state House. It could also have national implications — the Justice Department has joined and is arguing that the Voting Rights Act should still apply to Texas despite a recent Supreme Court ruling weakening many of its key portions.

Editorials: Texas GOP’s secret anti-Hispanic plot: Smoking gun emails revealed | Salon.com

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