Yearly Archives: 2015

A Wake County judge has refused to dismiss a challenge to North Carolina’s voter ID law, saying in a ruling issued Friday that most of the claims in the lawsuit are strong enough to take to trial. Judge Mike Morgan dismissed two of six claims made by the League of Women Voters of North Carolina, the A. Philip Randolph Institute and five female voters who contend that requiring voters to show photo ID at the polls violates the North Carolina State Constitution. Attorneys for the legislators behind the 2013 elections-law overhaul argued three weeks ago to Morgan that the case should be dismissed outright and that no one would be prohibited from voting if they did not have one of the acceptable forms of ID. The attorneys for the lawmakers contended that because an ID will not be necessary to cast a mail-in absentee ballot, that the challengers’ arguments have no merits.

Ohio: Redistricting reform for Ohio congressional maps proposed by House Democrats | Cleveland Plain Dealer

A pair of House Democrats announced Thursday a plan to change how Ohio draws its congressional districts, but a similar plan lacked support last year in the Republican-led legislature. The proposal, introduced by Reps. Kathleen Clyde of Kent and Mike Curtin of Marble Cliff, resembles one that the Republican-led General Assembly approved last year for drawing Statehouse districts. That plan goes before voters in November. … Clyde and Curtin’s plan has no Republican co-sponsors. Currently, congressional lines are drawn every 10 years by a committee of lawmakers and approved by the General Assembly. The setup allows the party in power — Republicans in 2011 — to draw lines and approve maps without minority-party input. Republicans hold 12 of Ohio’s 16 congressional seats yet only won 55 percent of the votes in recent congressional elections statewide.

Canada: New voter ID rules face charter challenge from 2 advocacy groups | CTV News

Two advocacy groups are asking the courts to set aside new Conservative election rules that they say will make it more difficult for thousands of Canadians to vote in this year’s federal election. The Council of Canadians and the Canadian Federation of Students have filed evidence to support a constitutional challenge of last year’s legislation, dubbed the Fair Elections Act by the Harper government. “The very legitimacy of the government is at issue if these rules stand, in our submission,” lawyer Steven Shrybman told a news conference Monday. The groups say new voter identification rules contravene Section 3 of the charter, which states everyone has the right to vote, as well as the equality provisions in the Constitution. The office of Democratic Reform Minister Pierre Poilievre did not respond to a request for comment on the court challenge.

United Kingdom: Number of voters on electoral register drops by 920,000 | The Guardian

Almost a million voters – many of them young people and students – have disappeared from the electoral register in the past year, according to figures from the Electoral Commission. The register has fallen by 920,000 in the 10 months to December 2014, with some areas – including Cardiff and Oxford which both have large student populations – seeing falls of more than 10%. It amounts to a 2% reduction in the voter register overall. Critics have blamed the fall on a change in the way people are allowed to register. Previously, voters were able to apply by household but, because of concerns about voter fraud, the rules were changed and everyone now has to register individually. The quality of the electoral register as it is transferred from household to individual registration is so bad that the commission may warn against completing the transition to individual voter registration for all elections. A total of 117 local authorities reported falls between 3% and 12%.

National: George W. Bush to join Obama in Selma march celebration | USA Today

Former President George W. Bush will join President Obama in Selma, Ala., on March 7 for the 50th anniversary of the voting rights marches there. Bush and his wife, Laura, will join a large, bipartisan congressional delegation for part of a three-day civil rights pilgrimage to Alabama, according to Robert Traynham, a spokesman for the Faith and Politics Institute in Washington, which is organizing the event. Obama and Bush will be on stage together to commemorate Bloody Sunday, when Alabama state troopers assaulted marchers on March 7, 1965, as they tried to cross the Edmund Pettus Bridge on their way to Montgomery to protest the lack of voting rights for African Americans. The event shocked the nation and helped win passage of the Voting Rights Act just a few months later.

National: Obama Calls Out America’s Dismal Voter Turnout: ‘Why Are You Staying Home?’ | Huffington Post

President Barack Obama urged Americans frustrated with the lack of progress on immigration reform to voice their discontent at the ballot box, lamenting the dismal turnout in last November’s midterm elections. Speaking Wednesday during a town hall in Miami, Florida, hosted by MSNBC and Telemundo’s José Díaz-Balart, Obama said the immigration system won’t truly change until voters elect lawmakers who will press for reform. “Ultimately, we have to change the law,” Obama said. “And the way that happens is, by the way, by voting”

Editorials: The Next attack on voting rights and why Democrats should fight for a constitutional right-to-vote amendment | Jamelle Bouie/Slate

he last round of voter restrictions came after the 2010 Republican wave, when new GOP majorities passed voter identification laws and slashed ballot access in states like Pennsylvania, Ohio, and Florida. Now, three months after the 2014 Republican wave, another class of state lawmakers are prepping another assault on voting rights under the same guise of “uniformity” and “ballot integrity.” In Georgia, reports Zachary Roth for MSNBC, Republicans are pushing a bill to slash early voting from the present maximum of 21 days to 12 days. The goal, says Rep. Ed Rydners, a sponsor of the proposal, is “clarity and uniformity.” “There were complaints of some voters having more opportunities than others,” he said, “This legislation offers equal access statewide.” If cities like Atlanta want to have more voting access, said Rydners, they could open more precincts and “pay to have poll workers present.”

Editorials: Why the Voting Age Should be 17 | Peter Levine/Politico

It is time to try lowering the voting age to 17 nationwide. Takoma Park, Maryland, has done it. Iowa, too, for caucuses. Scotland went down to age 16 for its recent independence referendum. Evidence suggests it will boost informed participation in our democracy over time. … The political scientist Mark Franklin studied 22 democracies and found a pattern: Lowering the voting age to 18 actually caused turnout to fall in most countries. Why? Because 18-year-olds are less likely to vote than 21-year-olds. And once those 18-year-olds missed their first year as eligible voters, they were less likely to vote again — not even when they reached 21. Franklin argued that, in the United States, changing our voting age to 18 may be the sole reason voter turnout has declined since the 1970s. But 17 may be a better age. At 17, most people are still living at home, where they can see parents voting and probably hear about local issues and candidates. They also are still in school, where voting can be encouraged and become a social norm.

Voting Blogs: The Right to Vote Amendment is Worth At Least One Candle: A Reply to Heather Gerken | Josh Douglas/Election Law Blog

A new constitutional amendment affirmatively granting the right to vote could have a significant impact on protecting voting rights for all Americans. Most significantly – and perhaps paradoxically – we are likely to see the biggest effects of a federal amendment where we least expect it: in state courts. Professor Heather Gerken, in a characteristically eloquent and well-reasoned new article, claims that pursuing a new constitutional amendment enshrining the right to vote is “not worth the candle.” The heart of Professor Gerken’s argument is that the benefits of a new right-to-vote amendment do not justify the costs involved, particularly as Supreme Court Justices and other federal judges are unlikely to alter the scope of voting rights analysis given the likelihood that, to pass, the amendment’s language would have to be too vague. But a constitutional amendment granting the right to vote does not need federal judges, or even the U.S. Supreme Court, to have a big impact. That is because many state courts follow federal law even when construing their own state constitutions. So a new provision in the federal Constitution, even if couched in broad platitudes, will have corollary effects on state constitutional law.

California: Bid to move L.A. elections faces growing opposition from candidates | Los Angeles Times

The campaign to combine Los Angeles’ elections with state and federal contests has been hailed by backers as a way to lift the city’s dismal turnout, which in the last mayoral race was 23%. But more than a dozen candidates for City Council now say that they oppose the idea, claiming it could make races more expensive and give a leg up to incumbents and others backed by special interests. Charter Amendments 1 and 2 were put on the March 3 ballot by the council to reverse a decline in voter participation during the odd-year city and school board elections. On the campaign trail, however, several candidates — some experiencing their first brush with the election process — have begun warning that the date change would have other, less positive, consequences.

Illinois: Chicago Voters Endorse Campaign Finance Reform | Al Jazeera

Chicago voters endorsed by a wide margin Tuesday a plan to institute public campaign financing and limit outside contributions. The ballot measure, though non-binding, begins a process that will now move to city and state government, where legislation would be drafted. Asked whether the city of Chicago and the state of Illinois should “reduce the influence of special interest money in elections by financing campaigns using small contributions from individuals and a limited amount of public money,” voters signaled yes by a 58-point margin, 79 percent to 21 percent.

Iowa: Online Voter Registration Coming to Iowa | Iowa Public Radio

As Iowa’s Secretary of State works to implement online voter registration, the Iowa legislature weighs in. A subcommittee in the Iowa Senate is considering a bill that allows voters to provide their birth date and a unique identifying number, like the last four digits of a Social Security number, to register to vote online. Voters would then verify their identity with an electronic signature. Sen. Jason Schultz, a Republican from Schleswig, suggested adding a provision for photo I.D. to increase security, but Sen. Jeff Danielson, a Democrat from Waterloo, says that’s not necessary.

Kansas: Senate advances bill giving Kobach power to prosecute election crimes | Lawrence Journal World

The Kansas Senate on Tuesday advanced a bill that would give the secretary of state authority to prosecute election crimes. Senate Bill 34 would also amend current election law by establishing new crimes of attempting to vote more than once in an election, and it increases the severity of some other election crimes. Kansas Secretary of State Kris Kobach, a Republican, has asked for prosecutorial powers in the past, but previous Legislatures have not been willing to go along. Currently, election crimes can be prosecuted by the county or district attorney in the county where the alleged crime took place or by the Kansas attorney general.

Maryland: Freshman delegate pushes bill to restore voting rights for felons | The Washington Post

A freshman delegate in the Maryland General Assembly is championing a cause that has deep personal meaning for him: the restoration of full voting rights for ex-offenders. Del. Cory V. McCray (D-Baltimore), who was arrested on the streets of East Baltimore more times than he can remember, recognizes that he could easily have been among the estimated 40,000 ex-offenders in Maryland who face obstacles to voting. The former teenage drug dealer is the lead House sponsor of a bill that promotes voting rights for former felons who have been prohibited from casting a ballot in Maryland. Nationally, an estimated 5.85 million Americans are unable to vote because of felony convictions, according to the Sentencing Project, a nonprofit criminal justice think tank.

Massachusetts: Conservative think tank files suit over campaign finance law | Associated Press

A conservative think tank on Tuesday sued the state over a rule that allows unions and certain other groups to make campaign donations of up to $15,000 while barring businesses from making any direct political donations to candidates. The Arizona-based Goldwater Institute said the lawsuit targets a rule it believes violates the constitutionally protected rights of equal protection and free speech. The institute filed the suit in Suffolk Superior Court on behalf of two Massachusetts businesses — 1A Auto Inc., an auto parts shop in Pepperell, and 126 Self Storage Inc., a self-storage facility in Ashland. It names the head of the state Office of Campaign and Political Finance, Michael Sullivan, as the defendant. “There is no legitimate justification for allowing unions to contribute thousands of dollars to candidates, parties, and political committees, while completely banning any contributions from businesses,” the lawsuit said.

Nebraska: Winner-take-all voting bill faces test in Legislature | Lincoln Journal Star

The bill to move Nebraska to a winner-take-all presidential electoral vote system easily survived an assault on Tuesday, but still may not be able to shake loose from the grip of a legislative filibuster. A motion by Sen. Ernie Chambers of Omaha to shelve the bill (LB10) for the remainder of the session was rejected on a 12-30 vote. A subsequent vote to reconsider that action lost on a 15-29 vote. The 15-vote count moved opponents of the bill within two votes of the magic number required to assure a filibuster can be sustained. And a look at the five senators who were either absent or not voting suggested the 17 votes may be there when required.

Utah: Senate Kills Bill to Delay Count My Vote Compromise | Utah Policy

GOP Senate leaders had told UtahPolicy that the SB54 delay bill would die in their body, and, indeed, Sen. Scott Jenkins’ attempt to delay the political party candidate nomination change did die Tuesday. Whether it will pop up again before the Legislature adjourns March 12, either in the Senate or in the House (which already has killed a similar bill) remains to be seen. Sen. Scott Jenkins’ SB43 – which would delay the new dual-track political party candidate primary ballot route until 2018 – died in a 9-19 vote (one absent) after about 30 minutes of debate Tuesday morning. You can see the vote here. No senator who voted for SB54 last year switched and voted to delay it Tuesday. All the no votes came from GOP senators who voted against SB54 last year or are new GOP senators this session.

Australia: No voters prosecuted despite 7000-plus cases of suspected voting fraud in the 2013 federal election | Sydney Morning Herald

Not a single person will be prosecuted for multiple voting at the 2013 federal election – even those who admitted to casting more than one ballot paper. Australian Electoral Commissioner Tom Rogers said he was “disturbed” that of the nearly 8000 cases of suspected voting fraud passed to the Australian Federal Police, not a single case has been forwarded to the Director of Public Prosecutions. Of the 7743 suspect cases referred to the AFP, just 65 were investigated and not one will progress to conviction. Mr Rogers told a Senate estimates committee that the file passed to the AFP included voters who had actually admitted to voting at more than one polling station and cases where the offence had been denied but there was supporting evidence that they had.

El Salvador: Campaign Period Closes in El Salvador Elections | teleSUR

Political parties in El Salvador formally wrapped up their campaigns Wednesday ahead of local and legislative elections schedule for March 1, 2015. The close of the campaign period gives three days for the population to decide their vote without the influence of the publicity campaigns of the parties. Electors in Latin America’s smallest country will head to the polls to elect mayors as well as representatives to the country’s Legislative Assembly.

Kazakhstan: Kazakh leader calls snap presidential poll on April 26 | Reuters

Kazakhstan’s leader Nursultan Nazarbayev on Wednesday called an early presidential election for April 26, in a move expected to extend his 26-year rule by another five. Nicknamed “Papa” and allowed by law to serve as many terms as he wants, the veteran president is poised to win another term in office easily, although he said he had not yet decided whether to run. Nazarbayev’s re-election would end speculation about his possible successor, a question watched closely by investors. “In the interests of the people, taking into account their appeal to me and their united will … I made a decision and signed a decree to call an early presidential election on April 26, 2015,” television channels showed Nazarbayev saying.

Philippines: Supreme Court orders Comelec, Smartmatic-TIM to answer IBP raps vs P268.8-M contract | Inquirer

The Supreme Court has ordered the Commission on Elections (Comelec) and Smartmatic-Total Information Management (TIM) to answer the allegations raised by a national organization of lawyers that the P268.8-million contract for the diagnostic of all the 82,000 Precinct Count Optical Scan voting machines (PCOS) is void for lack of public bidding. “The court required respondents (Comelec and Smartmatic-TIM) to comment within a non-extendible period of 10 days on the petition…,” high court’s Information Chief Theodore Te said at a press conference. Te clarified that the high court has not acted on the prayer for a restraining order filed by IBP. IBP, in its petition said Comelec Resolution No. 9922, which approved the contract, is null and void because it violated Republic Act No. 9184, otherwise known as the Government Procurement Reform Act.

National: EAC Selects Officers & Accredits Voting System Test Lab | EAC

Members of the U.S. Election Assistance Commission (EAC) met Tuesday. This meeting marked the first time the Commission was able to meet with a quorum of Commissioners in four years. The Commission addressed a variety of pressing issues at the meeting. These issues included the accreditation of a new voting system test laboratory; consideration of possible updates to the standards used to test voting systems; and updates to the EAC’s voting system testing program manuals. Additionally, Commissioner Christy McCormick was selected to chair the Commission and Commissioner Thomas Hicks was selected as vice-chair. “After four years without Commissioners, the EAC has a great deal of work to do,” said Chair McCormick. “Today we took important steps in helping support state and local election officials as they continue to cope with aging voting equipment and limited funds. All three Commissioners recognize that we must operate with a sense of urgency,” Vice-Chair Hicks added.“The Commission does not have the luxury of time; we have already heard from our stakeholders that they expect us to act quickly to address many of the outstanding issues from over the last four years.”

Editorials: How Dark Money Is Distorting Politics and Undermining Democracy | Bruce Freed & Karl Sandstrom/ Fiscal Times

The Supreme Court’s 2010 Citizens United decision and subsequent court rulings deregulating political spending have greatly increased the influence of corporate special interests. Today, corporations are among the leading underwriters of Washington politics and a dominant force shaping its policy-making. Long gone are the days when unions and government could balance the impact of corporations. At the same time, a large swath of political spending has gone underground. Prior to Citizens United, election spending by companies, unions and individuals was subject to limits and carried out with disclosure of donors. Post-Citizens United, the limits are gone for corporations. Donor secrecy reigns. Corporations can spend to influence elections directly, or indirectly through trade associations or so-called “social welfare” organizations as long as these groups don’t coordinate with a political candidate. The result is significant growth in “dark money” influence.

Voting Blogs: Is it Possible to Be In Favor of a Right-to-Vote Amendment but Against Amending the Constitution? Yes. | Heather Gerken/Election Law Blog

The DNC Executive Committee has just endorsed the idea that we should amend the Constitution to add a right to vote. I’m entirely in favor of a constitutional right to vote. But I’m against amending the Constitution to add it. There are excellent scholars and organizations in favor of amendment, including Jaimie Raskin, Alex Keyssar, the Advancement Project, and FairVote. But I remain skeptical and have a new paper explaining why I fear that the amendment game is not worth the candle. There are two stages for ensuring a robust right to vote: (1) amending the Constitution, and (2) enforcing that amendment. As to the first stage, if an amendment enshrining the right to vote looks anything like its cognates in the Constitution, it will be thinly described, maddeningly vague, and pushed forward by self-interested politicians. If the amendment takes this form, the benefits reformers and academics assert we’ll reap are anything but automatic. Once a vague guarantee is embedded in the Constitution (Stage 1), reformers will still have to turn to legislators and courts to get something done (Stage 2).

California: Federal judge rejects challenge to L.A. council’s 2012 redistricting | Los Angeles Times

A federal judge on Tuesday rejected a three-year-old legal challenge to the boundaries drawn for Los Angeles’ 15 City Council districts, saying she found no evidence that race was the predominant factor in creating the new maps. U.S. District Judge Consuelo B. Marshall said lawyers for the city provided “undisputed evidence” that the boundaries approved by the council achieved “traditional non-racial redistricting” goals, such as keeping distinct communities and neighborhood councils in the same district. The ruling delivered a major victory to council President Herb Wesson, who presided over the once-a-decade redistricting process and is now seeking a third term in Tuesday’s election. The decision also dealt a blow to a group of Koreatown residents who argued that the map-making process diluted the neighborhood’s voting power and unlawfully divided it into multiple districts.

Florida: Rick Scott cuts state losses in long voting fight | Tampa Bay Times

Gov. Rick Scott doesn’t like to lose. But he lost an important court case dealing with voting rights and last week he decided to cut his losses, along with those of Florida taxpayers who have footed the bill for more than 2 ½ years. Scott dropped his appeal of a federal court order that said the state’s efforts to purge the voter rolls of suspected noncitizens during the 2012 presidential campaign violated a federal law that prohibits “systematic” removals less than 90 days before a federal election. And he issued a statement that signaled a new willingness to work with county elections supervisors, who opposed the purge. “Florida is in an excellent position to conduct fair elections,” Scott’s statement said. “I am confident that the 2016 presidential election cycle will put Florida’s election system in a positive light thanks to the improvements made by our supervisors of elections, the Legislature and the Department of State.” As a result, Scott is facing criticism from the right.

Iowa: Legislative panel aims to make online voter registration available to more Iowans | The Gazette

A Senate legislative panel Tuesday began work on a measure designed to make online voter registration available to more Iowans beyond the upgrade being planned by the Iowa Secretary of State’s office. Iowa Secretary of State Paul Pate is working on a system with the state Department of Transportation that will offer the electronic registration option to anyone with a valid Iowa driver’s license or a state-issued identification card. However, Sen. Jeff Danielson, D-Waterloo, leader of a Senate State Government subcommittee, said Senate Study Bill 1152 would expand the online registration option to eligible voters who do not have access to a computer or face other challenges. He estimated that represented 7 percent to 9 percent of eligible Iowa voters.

Kansas: Senate edges closer to handing prosecutorial power to Kobach on voter fraud | Topeka Capital-Journal

A majority in the Senate deflected opposition from Democrats on Tuesday to legislation granting authority to prosecute alleged crimes of voter fraud with the office of the state’s Republican secretary of state. The bill given first-round approval on a voice vote in the GOP-dominated chamber has been long-sought by Secretary of State Kris Kobach, who expressed discontent with work by county prosecutors in addressing election misconduct. Senate Bill 34 would vest power to prosecute election crimes in district or county attorneys across the state, the Kansas Attorney General Office as well as the Secretary of State’s Office. In addition, the measure headed to a final vote Wednesday would elevate the state’s penalty for a series of voting offenses to felonies rather than misdemeanors.

Kentucky: House passes Secretary Grimes’ elections initiatives | Floyd County Times

On Monday, the Kentucky House of Representatives passed legislation based on Secretary of State Alison Lundergan Grimes’ recommendations to modernize voter registration in Kentucky. House Bill 214, a bill to allow voters to register to vote and update their voter registration electronically, passed 92-3. House Bill 212, which would allow in-person absentee voting on the basis of age, disability or illness, previously passed unanimously. Both bills are sponsored by Rep. Darryl Owens (D-Louisville). Grimes has pursued the use of technology to protect the right to vote since being elected, successfully seeking in 2013 legislation to permit electronic voter registration for military and overseas voters. In 2014 she oversaw the implementation of the military and overseas voting portal, which has been praised nationally by voters and local election officials alike for how easy and convenient it is to use. Grimes also held roundtable discussions with elected officials and citizens around the state to discuss expanding electronic voter registration to all voters.

Kentucky: Judge throws out election results in 2014 Magoffin judge-executive race | Lexington Herald-Leader