Yearly Archives: 2014

A bill before the New Hampshire House shifts the burden of proof in voter disputes to the challenger. The Election Law Committee, on a 16-0 vote, is recommending passage for Senate Bill 206, scheduled before the House on Wednesday. “SB 206 amends current law by shifting the burden of proof to the challenger by requiring that the specific reason and source of the information for the challenge be provided, and that it be provided in writing,” Rep. Robert Perry, D-Strafford, in a written report on behalf of the committee, told the House.

Afghanistan: And then there were two | The Economist

Three weeks after Afghanistan’s presidential election, the tortuous counting process is over. And the voters appear all set to finish the job—by going back to the polls. As was widely expected, none of the eight candidates managed to secure more than 50% of the vote. A run-off election will be used to pick a winner. The top two place-getters will be returning to the colourful and vibrant hustings. Abdullah Abdullah, the polished, cravat-wearing former foreign minister (pictured to the right, with an ordinary necktie), who finished second in the deeply flawed presidential election of 2009, has emerged as the clear front-runner. He secured 44.9% of the vote when the Afghanistan’s election watchdog announced the full preliminary results on Saturday April 26th. His closest rival is Ashraf Ghani (pictured left), an urbane academic and former official with the World Bank, who won 31.5%. Zalmai Rassoul, who was regarded as being the preferred choice of outgoing president Hamid Karzai—who was himself forbidden from standing for a third, five-year term by the constitution—was the only other candidate to finish with a total in the double digits (11.5%).

Canada: Fair Elections Act back on fast track after 45 amendments submitted | The Globe and Mail

The divisive Fair Elections Act has resumed its fast-track passage through Parliament, after the federal government submitted 45 changes in a bid to quell opposition to the bill. The amendments were submitted to the committee and obtained by The Globe as MPs returned Monday from a two-week break, and are among roughly 275 presented by MPs of all parties. They all must be considered and voted on by Thursday evening – a short window that all but guarantees only cursory consideration of many changes. The government’s 45 proposed amendments include backing down on both the elimination of vouching and a proposed campaign-finance change that critics said would have opened loophole. They also include elements that raise new questions – strengthening a new limit on the Chief Electoral Officer’s term, by saying no CEO can be reappointed after a 10-year term, and making no mention of a previous promise to back down on expanding partisan appointments of poll workers.

Iraq: Iraq gears up for bitter, bloody election battle | The Washington Post

His campaign poster, jostling among the thousands that line the streets of the capital, has a message of unity: “Together we build Iraq.” But as the country prepares for its first elections since the withdrawal of U.S. troops, Prime Minister Nouri al-Maliki’s political rivals accuse him of the opposite: stoking sectarian divisions and dismantling its hard-won democracy. No party is expected to win a majority in Iraq’s parliamentary elections Wednesday, the first since the last U.S. troops pulled out of the country nearly 21 / 2 years ago, which makes the results difficult to forecast. The unpredictability of Iraqi politics was underlined in the last elections four years ago, when the bloc that won the greatest share of the vote lost the premiership to Maliki in the political horse-trading that followed.

Macedonia: Conservatives win 2 elections, opposition refuses to recognize result | Assocated PRess

Prime Minister Nikola Gruevski’s ruling center-right party has won its fourth consecutive election victory in Macedonia but looks likely to fall just short of an outright majority. The opposition Social Democrats refused to recognize the result Monday, alleging voter intimidation by the government, but international monitors described the vote as well run. With 99.9 percent of the vote counted Monday, the conservative VMRO-DPMNE had won 42 percent and 61 seats — one short of a majority in the 123-member parliament. The Social Democrat-led opposition alliance got 24.9 percent and 34 seats, according to the State Election Commission. Turnout was 64 percent. In a separate vote Sunday, conservative President Gjorge Ivanov won a second five-year term in a runoff for the largely ceremonial post.

Syria: Assad to seek re-election in June vote | The Washington Post

Syrian President Bashar Assad declared his candidacy Monday for a new seven-year term in June presidential elections, more than three years into a revolt against his rule that has killed more than 150,000 people, uprooted another 9 million and touched off a humanitarian crisis. At least half of the 9.5 million people displaced by the Syrian civil war are children. The United Nations High Commissioner for Refugees, António Guterres, says protecting them should be a priority for the international community. While Assad had long suggested he would seek re-election, the official announcement put to rest any illusions that the man who has led Syria since 2000 has any intention of relinquishing power or finding a political solution to the conflict. Rather, he appears emboldened by a series of military victories in recent months that have strengthened his once tenuous grip on power.

Wisconsin: Federal judge strikes down Wisconsin voter ID law | The Washington Post

A federal judge in Milwaukee struck down Wisconsin’s voter Identification law Tuesday, saying a requirement that voters show a state-issued photo ID at the polls imposes an unfair burden on poor and minority voters. U.S. District Judge Lynn Adelman sided with opponents of the law, who argued that low-income and minority voters aren’t as likely to have photo IDs or the documents needed to get them. Adelman said the law violated the U.S. Constitution’s guarantee of equal protection. Adelman’s decision invalidates Wisconsin’s law and could set a precedent for similar legal challenges in Texas, North Carolina and elsewhere. At least 14 states require voters to show photo ID, and legislation in dozens of other states includes proposals to either introduce new voter ID laws or strengthen existing ones. Just last week, an Arkansas judge struck down that state’s voter ID law; it is being appealed to the Arkansas Supreme Court.

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

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

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

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

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

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

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

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

Florida: State redistricting lawsuits get political | Tampa Tribune

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

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

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

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

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

Maryland: Elections chief predicts smooth absentee voting | Baltimore Sun

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Macedonia: Opposition threatens to boycott elections result | Europe Online

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

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

April 27, 2014

ukraine_260 The Supreme Court heard arguments in a case challenging an Ohio law that criminalizes the spreading of false information about a political candidate during a campaign. Mark Bittman considered the impact of the court’s recent decision eliminating aggregate campaign contribution limits. A judge in Arkansas ruled that the State’s voter ID law was unconstitutional. The Maryland Board of Elections refused to move forward with a plan for an online absentee ballot marking system amid fears it would open the door to widespread fraud. Nebraska Governor Dave Heineman signed a bill that enacts a form of same-day voter registration. A conservative legal group is challenging how Texas Senate voting districts were drawn. While offering flexibility on other issues, Minister Pierre Poilievre pledged that the final version of the Canadian government’s electoral reform bill will require all voters to show identification before they vote and uncertainty about the ability of Ukraine to organize next month’s election process has increased tension and public anxiety in the country.

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

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

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

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

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

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

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

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

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

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

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

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

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