Editorials: How ‘Equality’ Was Used to Dismantle Voting Rights | Janson Wu/Huffington Post

The Voting Rights Act was signed into law 50 years ago to rectify a “clear and simple wrong.” Throughout the Jim Crow South, African Americans were systematically denied their right to vote through tactics like literacy tests and poll taxes. The Voting Rights Act outlawed these and other targeted voting restrictions. It also sought to prevent future violations in particularly problematic regions of the country through Section 5 of the act, which requires certain jurisdictions with a history of discrimination to submit any proposed changes in voting procedures for “pre-clearance” by the federal government. This pre-clearance safeguard has allowed the Department of Justice to block discriminatory changes to voting laws over 700 times between 1982 and 2006. Unfortunately, this pre-clearance protection was dismantled by the U.S. Supreme Court in 2013, just a day before the court also struck down the Defense of Marriage Act (DOMA). While Section 5 was technically left untouched, with Chief Justice Roberts writing for the majority, the court ruled that Section 4(b) of the Voting Rights Act, which determined which jurisdictions would be subject to pre-clearance, was unconstitutional because it relied upon formulas that were out of date. The effect of this ruling essentially stripped the federal government of its ability to block discriminatory voting laws in those places until a new formula is established.

Editorials: Think Your Voting Rights Are Guaranteed? Think Again. | Harvey J. Kaye/The Daily Beast

Thomas Paine, the most radical of the nation’s Founders, wrote in 1795: “The right of voting for representatives is the primary right by which other rights are protected.” Eighty years later, feminist Susan B. Anthony quoted Paine’s exact words to defend herself—and make the case for women’s suffrage—when she was being prosecuted for having persuaded her local poll-keepers in upstate New York to allow her to cast a ballot. And on signing the Voting Rights Act in 1965, President Lyndon Johnson observed that “the vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men because they are different from other men.” If only the words spoken by Paine, Anthony, and LBJ were not just moving, but also true. The right to vote has been fundamental to the struggle for freedom, equality, and democracy—and surely, the most defining experience of citizenship is that of casting a ballot at election time. Nonetheless, we should never forget, first, that even if we define democracy simply as universal adult suffrage, the United States has only recently come close to living up to its proclaimed purpose of serving as history’s grand democratic experiment; and second, that even when the right to vote itself has finally been won, it does not mean it has been fully secured. Enfranchisement has neither prevented ruling elites from continuing to exploit and oppress, nor kept them from turning things around and effectively stripping fellow citizens of their hard-won rights—including the right to vote itself.

Editorials: Why the selfie is a threat to democracy | Richard Hasen/Reuters

What could be more patriotic in our narcissistic social-media age than posting a picture of yourself on Facebook with your marked ballot for president? Show off your support for former Secretary of State Hillary Clinton, Donald Trump, Senator Bernie Sanders (D-Vt.) or former Florida Governor Jeb Bush. Last week, a federal court in New Hampshire struck down that state’s ban on ballot selfies as a violation of the First Amendment right of free-speech expression. That might seem like a victory for the American Way. But the judge made a huge mistake because without the ballot-selfie ban, we could see the reemergence of the buying and selling of votes — and even potential coercion from employers, union bosses and others.

Florida: House, Senate divided in redistricting fight | Miami Herald

Who represents Hillsborough County in Congress is at the center of what might become the latest political divide in the Florida Legislature, where acrimony is a consistent theme. The county became a flashpoint Monday after state Sen. Tom Lee, R-Brandon, successfully rewrote the Senate’s congressional redistricting plan to assure that more than 520,000 people in eastern Hillsborough will be represented by just one member of Congress, rather than be split into two or three pieces, as is currently the case. Under his plan, most people living east of Interstate 75 would be in one congressional district for the first time in decades.

Florida: Voting-Rights Groups Slam Proposed South Florida District | News Service of Florida

A pair of voting-rights groups whose lawsuit led to the state’s current congressional districts being struck down by the Florida Supreme Court say that a new proposal appears to be tilted to favor a Republican congressman in South Florida. In a letter to state House and Senate leaders, the League of Women Voters of Florida and Common Cause Florida said a “base map” crafted by legislative staff members and currently working its way through a special session largely follows the Supreme Court’s ruling. The court last month found that current districts violated the anti-gerrymandering “Fair Districts” standards approved by Florida voters in 2010. But League of Women Voters President Pamela Goodman and Common Cause Chairman Peter Butzin said the base map appears to try to protect Republican Congressman Carlos Curbelo after the Supreme Court ordered lawmakers to unite the city of Homestead in one district. That shift would add thousands of African-American voters to Curbelo’s swing district.

Hawaii: One step closer to all-mail voting? | Hawaii Tribune-Herald

The newest tool for Hawaii voters went live last week, with the implementation of an online voter registration system. It’s part of an overall process to streamline the voting process and increase accessibility and participation. “It is (about) convenience,” said Pat Nakamoto of the county elections division. A bill passed during the 2012 legislative session required the online system to be in place by 2016. In order to register to vote, residents must have a Hawaii driver’s license or state ID. Voters who are already registered also can use the system to update their own information, such as name and address changes.

Montana: Taking control: Montana elections getting new disclosure rules | Bozeman Daily Chronicle

They sound about as exciting as buying tube socks, but proposed administrative rules will help put Montanans back in control of state elections after being overruled by the U.S. Supreme Court, state officials believe. The rules, written by Commissioner of Political Practices Jonathan Motl and currently open for public comment, are meant to strengthen campaign disclosure requirements after the high court threw out Montana’s Corrupt Practices Act, a 1912 law that banned corporate political spending. The justices said such spending is a constitutionally protected form of speech. After the ruling, “social welfare” corporations — known by their IRS tax-exempt status 501©4, which don’t disclose their donors — began to hammer Montana candidates using “issue ads.”

Utah: Vote-by-mail ballots increases turnout, late ballots cloud results | KSL

Vote-by-mail nearly doubled voter turnout in Salt Lake County and other municipalities across Utah for Tuesday’s primary election, but the new program — a first for many cities — also caused a few problems. It will take at least a week to officially determine the winners in six close city council races in Salt Lake County and Davis County because many last-minute mail ballots could still be making their way back to clerks’ offices. In Utah County, Orem received nearly 1,300 by-mail ballots the day after the election due to a miscommunication at a post office, so that bulk of votes won’t be made public until the city finishes its canvassing on Aug. 25.

Virginia: Redistricting will go to U.S. court | Richmond Times-Dispatch

The public never got its say on changes to Virginia congressional district boundaries and the state’s political redistricting process.
But federal judges soon will. A public hearing on redistricting ended abruptly Monday when the House Privileges and Elections Committee chairman, Mark L. Cole, R-Spotsylvania, refused to take further testimony after announcing that the Senate had adjourned the special legislative session hours after it began. Cole interrupted Diana Egozcue, president of Virginia NOW and the sixth of 19 scheduled speakers, with the announcement, “We’re no longer in session, so we can no longer take your testimony.”
House Republican leaders appeared shell-shocked by the Senate maneuver, which ensures the General Assembly will not meet a Sept. 1 deadline imposed by a three-judge panel of the 4th U.S. Circuit Court of Appeals to fix unconstitutional defects in the redistricting plan that then-Gov. Bob McDonnell signed in January 2012.

Verified Voting in the News: Virginia Finally Drops America’s ‘Worst Voting Machines’ | Wired

If you voted in a Virginia election any time between 2003 and April of this year, your vote was at serious risk of being compromised by hackers. That’s the assessment reached by Virginia’s board of elections, which recently decertified some 3,000 WINVote touchscreen voting machines after learning about security problems with the systems, including a poorly secured Wi-Fi feature for tallying votes. The problems with the machines are so severe that Jeremy Epstein, a computer scientist with SRI International who tried for years to get them banned, called them the worst voting machines in the country. If the WINVote systems weren’t hacked in a past election, he noted in a recent blog post and during a presentation last week at the USENIX security conference, “it was only because no one tried.” The decision to decommission the machines, which came after the state spent a decade repeatedly ignoring concerns raised by Epstein and others, is a stark reminder as the nation heads into the 2016 presidential election season that the ongoing problem of voting machine security is still not taken seriously by election officials. Virginia officials only examined the WINVote systems after Governor Terry McAuliffe tried to vote with one during the state’s general elections last November.

Canada: Stricter voting rules could affect turnout at polls | Montreal Gazette

When Stephen Harper’s Conservative government passed the Fair Elections Act last year, 160 university professors warned in an open letter it “would damage the institution at the heart of our country’s democracy: voting in federal elections.” The proof of the pudding will be in the eating once we see whether voting rates are affected by the new law. The Oct. 19 federal election is ushering in new rules on voting that experts fear could discourage participation by certain groups, like youth and indigenous peoples. “It will have an impact, but just how big it’s going to be is open to debate,” said Brian Tanguay, a professor of political science at Wilfrid Laurier University in Waterloo, Ont. The turnout in the 2011 election was 61.1 per cent, up slightly from 2008’s all-time low of 58.8 per cent.

Greece: Elections ‘imperative’ for stability: minister | AFP

Early elections in Greece are “imperative” to maintain the country’s political stability as it begins to implement an unpopular third debt bailout, a minister said Monday. “Elections are imperative for purposes of political stability. Given the problems in the government’s (parliamentary) majority, the situation can be called anything but stable,” Energy Minister Panos Skourletis told Skai TV. A third of MPs from the ruling radical left party Syriza last week rebelled against Prime Minister Alexis Tsipras in a vote on the three-year, 86-billion-euro ($96-billion) package, forcing him to rely on opposition parties to ratify it. “Such a major numeric loss of parliamentary majority is unprecedented,” said Skourletis, a former spokesman for Tsipras.

Sri Lanka: Mahinda Rajapaksa concedes unlikely to be PM | The Guardian

Sri Lanka’s former president Mahinda Rajapaksa at first conceded defeat but later rowed back, saying instead that he was unlikely to be prime minister, as figures began to come in following parliamentary elections on Monday night. Electoral authorities said the vote was orderly; however there were fears that if Rajapaksa won a mandate to be prime minister it could trigger a prolonged power struggle with the president, Maithripala Sirisena, who has said he will not appoint him regardless of the outcome. Sirisena defeated Rajapaksa to become president in a January 2015 election. “My dream of becoming prime minister has faded away,” Rajapaksa initially told the Agence France-Presse news agency on Monday night. “I am conceding. We have lost a good fight.” But speaking later to the Reuters news agency he was less definite, saying only that he was unlikely to lead the next government.

National: Unlocking Democracy: Inside the Most Insecure Voting Machines in America | Yahoo Tech

Like hundreds of thousands of other Virginians, I’ve been casting ballots for over a decade using Winvote voting machines. I now have physical proof of how catastrophically insecure those machines are. It’s a tiny key that opens the plastic door hiding the USB port on every Winvote terminal. This keepsake came my way at an eye-opening presentation about voting-machine security at this past Tuesday’s Usenix Security Symposium in Washington. Jeremy Epstein, a security scientist with SRI International, has spent years investigating the weaknesses of these and other electronic voting systems. But even he didn’t know how bad Winvote terminals were untilthis past April.

Editorials: The McCain-Feingold Act May Doom Itself | Richard Hasen/National Law Journal

Did the congressional drafters of the 2002 McCain-Feingold campaign-finance law build within it the seeds for its own destruction? Tucked within the Bipartisan Cam­paign Reform Act (the formal name for “McCain-Feingold”) is a provision requiring that certain constitutional challenges to the law be heard by a three-judge court, with direct appeal to the U.S. Supreme Court. This special jurisdictional provision makes it much more likely that within the next few years the Supreme Court will strike limits on the amounts people and entities can contribute to the political parties in so-called party soft money. If the court does so, it would be knocking down the second of McCain-Feingold’s two pillars. The court knocked down the first pillar—the limits on corporate and union spending—in the 2010 case Citizens United v. Federal Election Commission.

Editorials: Voting rights enforcement still needed in some states | Des Moines Register

When the Voting Rights Act was passed by Congress in 1965, it was intended to outlaw poll taxes, literacy tests and other attempts by state governments to discourage minorities from voting. Over the past five decades, the law has been almost universally praised as an essential tool to not only ensure fair elections, but also to thwart the marginalization of minorities in America. In recent years, however, the law has come under attack as various state legislatures have chipped away at key provisions. “In theory, everybody’s in favor of the right to vote,” President Obama said recently. “But in practice, we have state legislatures that are deliberately trying to make it harder for people to vote.”

Editorials: PFD voter registration: Let’s make Alaska government work smarter | Alaska Dispatch News

Ever had an old car start to break down? Maybe the filters get clogged and the tires wear down and you find yourself burning money as your gas mileage deteriorates. The brake pads start to squeak, “check engine” lights flicker on, and you begin to notice that ominous clicking sound from what you think is probably the radiator. If you’ve spent at least a couple winters in the 49th state, the chances are good this has happened to you. You’d like to ignore the warnings, but you know if you don’t get under the hood, the problems with the car are only going to get worse, and more expensive. The state of Alaska has a similar problem. Our Division of Elections database is more than 30 years old. Even by Subaru standards, that’s pretty bad.

California: Follow the money? It’s not always so easy | Los Angeles Times

During a hotly contested race this year to replace Los Angeles City Councilman Tom LaBonge, three apartment rental companies that listed the same chief executive and same address in state records each contributed the maximum donation allowed to candidate Carolyn Ramsay. Such a cluster of giving can trigger the suspicion of watchdog groups and city investigators, because if the money is coming from the same business owners, it can exceed legal limits on donations from one source. Campaign finance experts say the key question is whether the money is coming from the same source. But the answer is unclear. Publicly available campaign and business records don’t spell out who owns the companies. The companies’ chief executive did not respond to repeated emails, phone calls and letters seeking information on the firms and the donations.

Florida: Redistricting quandary may require independent commission | Bradenton Herald

As Florida legislators struggled last week to draw a congressional district map that meets a court mandate, it became clear what they would end up with would be far from perfect. “Bring me a redistricting commission or something, for goodness sakes,” exclaimed state Sen. Tom Lee, R-Brandon, as lawmakers convened for the second special session to revise a congressional redistricting plan already rejected by the court. “Bring me something that works!” Redistricting reformers thought they had found a better way when they persuaded 63 percent of Florida’s voters in 2010 to approve the “Fair District” amendments to the Florida Constitution that outlawed gerrymandering and banned lawmakers from intentionally drawing districts favoring or disfavoring incumbents or political parties. Taking politics out of the most political of acts turned out not to be so easy.

Florida: New boundaries for Corrine Brown district highlight conflict between federal protections, state anti-gerrymandering law | Florida Times-Union

Of eight congressional districts the Florida Supreme Court required the Legislature to fix, none is more controversial than U.S. Rep. Corrine Brown’s District 5. None of the others will change more than this district, which winds south to Orlando but the court says should stretch west to Tallahassee. District 5 and its twists and turns have also been the focus of numerous legal challenges dating back to the 1990s, and those challenges are likely to continue long after new maps are approved this week. Ending the kind of gerrymandering that defines District 5 was the focus of the Fair Districts Amendment that voters overwhelmingly approved in 2010. But legal experts and lawmakers say there is a catch: Compact districts make it harder to create the type of coalition minorities need to elect one of their own to Congress, an effort protected under the federal Voting Rights Act.

Editorials: Is a politically unbiased map possible for Florida? | Miami Herald

As Florida legislators struggled last week to draw a congressional district map that meets a court mandate, it became clear that what they would end up with would be far from perfect. “Bring me a redistricting commission or something, for goodness sakes,” exclaimed Sen. Tom Lee, R-Brandon, as lawmakers convened for the second special session to revise a congressional redistricting plan that had been rejected by the court. “Bring me something that works!” Redistricting reformers thought they had found a better way when they persuaded 63 percent of Florida’s voters in 2010 to approve the “Fair District” amendments to the Florida Constitution that outlawed gerrymandering and banned lawmakers from intentionally drawing districts that favor or disfavor incumbents or political parties. But taking politics out of the most political of acts turned out not to be so easy.

Hawaii: Federal lawsuit filed to block Native Hawaiian election | Honolulu Star-Advertiser

Four Native Hawaiians and two non-Hawaiians filed a lawsuit Thursday in U.S. District Court in Honolulu seeking to block a “race-based” and “viewpoint-based” election planned this fall as a step toward establishing a sovereign Hawaiian government. The lawsuit, which was filed against the state of Hawaii, Office of Hawaiian Affairs trustees and other “agents of the state,” argues that the election violates the U.S. Constitution and the Voting Rights Act by using race and political qualifications to determine voter eligibility. The Native Hawaiian Roll Commission recently published a list of 95,000 Native Hawaiians eligible to vote for delegates later this year to a governance aha, or constitutional convention to be held next year. The election is being overseen by an independent group, Na‘i Aupuni, which is funded by OHA grants through the Akamai Foundation.

Mississippi: Gray’s Democratic Primary victory provides conspiracy theories | DeSoto Times-Tribune

There’s more than a little novelty to a political candidate who doesn’t spend a dime, doesn’t campaign, and doesn’t even vote for himself to win the gubernatorial nomination of a major party — as Terry truck driver and newly-minted Mississippi Democratic Party gubernatorial nominee Robert Gray has discovered. Gray unexpectedly and rather easily dispatched the state Democratic Party establishment-backed candidate Vicki Slater and Dr. Valerie Short on the way to winning his party’s nomination without a runoff. After the brief “who is Robert Gray?” reaction came a torrent of political conspiracy theories as to why Gray emerged from political anonymity to win the Democratic nomination.

South Dakota: Voting rights case enters costly phase | The Argus Leader

Depositions were under way last week in a voting rights case that could indirectly cost taxpayers in Sioux Falls and other South Dakota communities hundreds of thousands of dollars or more. Jackson County was sued last year by four Native Americans after the county refused to establish an in-person absentee polling place in Wanblee. County officials last year argued they didn’t have the money to establish an absentee polling place in both Wanblee, which is 96 percent Indian, along with an existing polling place at the county seat in Kadoka, which is 95 percent white. But the money argument ceased to exist after the state agreed to make federal Help America Vote Act funds available for counties to establish satellite polling places for federal elections. The funds are available for counties with large impoverished populations that live farther away than other residents from county seats or other satellite polling places.

US Virgin Islands: Joint Elections Board: Voting Machine Software Changes will Eliminate ‘Confusion’ Next Election | St. Croix Source

Changes approved Friday for software currently used in the territory’s voting could help prevent some of the confusion seen during the 2014 general election or, according to some Joint Board of Elections members, help make the situation worse. Among other things, voters last year were concerned that Elections officials were hand-counting party ballots in an effort to make sure they were not spoiled. At the time, board members said they did not agree with how the machines tallied ballots that had the party symbol selected and changes approved by the Joint Board during a Friday meeting on St. Thomas will ensure that: the software in the voting machines must be designed to keep ballots consistent with any party symbol selected by a voter (meaning that ballots will either be all Democratic or all Republican once a certain party is chosen);

Virginia: Contentious special session on redistricting ahead | Associated Press

State lawmakers are set to return to the Capitol on Monday for what’s expected to be a contentious fight over congressional redistricting and a Virginia Supreme Court appointment. The fate of the governor’s high court selection is all but certain, but the final look at what Virginia’s new congressional boundaries will look like is less clear. Republican leaders of the GOP-controlled General Assembly plan to elect Rossie D. Alston Jr. Monday as a new justice on the Virginia Supreme Court. His election will remove Democratic Gov. Terry McAuliffe’s new appointment to the high court, Justice Jane Marum Roush, who took her spot on the bench at the beginning of this month. The judge fight has been all about politics, as both sides say Roush is a qualified candidate.

Editorials: Virginia’s ‘Back to the Future’ voting registration debate | Peter Galuszka/The Washington Post

It seems so “Back to the Future.” For several years, Virginia’s Republican politicians and some Democrats have been raising the specter of massive voting fraud that needs to be corrected by tougher voter-identification requirements. The fears are centered upon undocumented aliens somehow gaming the voter-registration system so they can twist elections in their favor. An even more frightening reason is to push African Americans living in Virginia and several other Southern states back to where they were before theVoting Rights Act of 1965 protected them from abusive vetting tactics when they tried to register to vote.

Australia: Tony Abbott rules out same-sex marriage vote on election day | The Guardian

Voters will have to wait until after polling day to have their say on same-sex marriage after Tony Abbott definitively ruled out holding a people’s vote in conjunction with the next federal election. On Sunday, he ruled out holding a public poll at the same time as the federal election. “I think the people should be able to consider this in its own right,” Abbott told reporters in Brisbane. “Millions of people in our community have strong views one way or another on this and why shouldn’t we be able to debate this and decide this in its own right without being distracted by the sorts of arguments which you inevitably get during an election campaign?”

Canada: Manipulated search engine results could sway elections, research suggests | Metro News

In a tight election campaign there’s no telling what will separate the winners from the losers on voting day. A key policy announcement, an embarrassing gaffe or an impressive debate performance can end up making all the difference. But according to a new U.S. study, there’s an untapped force that has the potential to be just as decisive as any of those: Internet search rankings. Research published this month in the academic journal Proceedings of the National Academy of Sciences found that search engine results could have a powerful effect on how people vote. It determined that if search rankings were manipulated to allow a preferred candidate to dominate the top results, it could shift voting preferences of undecided voters by at least 20 per cent.