Iowa: Could Typo Rewrite Caucus History? | KCCI Des Moines

Caucus night was chaotic in many places, with hundreds of voters, candidates showing up and the throngs of media who followed. The world’s eyes were on Iowa. But in the quiet town of Moulton, Appanoose County, a caucus of 53 people may just blow up the results.

Edward True, 28, of Moulton, said he helped count the votes and jotted the results down on a piece of paper to post to his Facebook page. He said when he checked to make sure the Republican Party of Iowa got the count right, he said he was shocked to find they hadn’t.

“When Mitt Romney won Iowa by eight votes and I’ve got a 20-vote discrepancy here, that right there says Rick Santorum won Iowa,” True said. “Not Mitt Romney.” True said at his 53-person caucus at the Garrett Memorial Library, Romney received two votes. According to the Iowa Republican Party’s website, True’s precinct cast 22 votes for Romney. “This is huge,” True said. “It essentially changes who won.”

Editorials: California sits on sidelines in 2012 primaries | latimes.com

California’s distant spectator seat in the presidential nominating arena is, in part, the result of misplaced spending priorities in Sacramento. We bought a ticket in the nosebleed section because Gov. Jerry Brown and the Legislature refused to spend an estimated $100 million for a separate presidential primary early in the nominating process.

Instead, they combined presidential balloting with the regular state primary on June 5, long after the Republican nomination surely will have been nailed down, most likely by former Massachusetts Gov. Mitt Romney. That means Republican voters in the nation’s most populous state will probably have no voice in whom the party nominates for president. They can only shout a meaningless cheer or catcall.

“Cost is always a problem,” says state Sen. Bob Dutton (R-Rancho Cucamonga), who stepped down Wednesday as Senate minority leader. “But sometimes you can be penny wise and pound foolish. It’s hard to put a price on democracy. “Frankly, I don’t think we’re treating the voters of California the way they ought to be treated.”

Florida: Legislator files bill to reverse controversial elections measures | Florida Independent

State Rep. Mark Pafford, D-West Palm Beach, has introduced a bill that would reverse some of the controversial measures in the elections law passed by the Florida Legislature last year. Groups opposed to the state’s new elections law have called it a “voter suppression” effort, arguing that the new rules could reduce turnout among young, disabled, minority and low-income voters.

Among the many controversial provisions in the last elections law were restrictions on the amount of time that a third-party registration group has to turn in a voter registration form, a provision that refers an accused third-party registrar of violating the election law to the attorney general, a limit on the shelf-life of ballot initiative signatures, a provision requiring a voter who moves within the same county to fill out an affirmation form and provisions limiting early voting days in the state. Pafford’s bill would reverse all of those.

Florida: Early Voting Limits Could Negatively Affect Blacks, Latinos | Huffington Post

On the Sunday before the 2008 presidential election, church goers in Florida streamed from the pews to early voting places to cast their ballots. The so-called Souls to the Polls campaigns were a windfall for then-presidential candidate Barack Obama and the Democrats. According to the National Association for the Advancement of Colored People, more than 32 percent of those who voted early on that last Sunday before Election Day were African American, and nearly 24 percent were Latino. Moreover, according to a report released by the Florida State Senate, 52 percent of people who voted early in the 2008 election were registered Democrats.

“Preachers would preach a great sermon and then march to the polls with their congregations,” said Hilary Shelton, senior vice president for advocacy and policy at the NAACP.

But voting laws passed in Florida last year have limited early voting, including on the Sunday before Election Day. Opponents say the early voting limitations are part of a broader effort by Republican-led legislatures across the country to suppress the black, minority and elderly voting blocs, groups expected to be key to President Obama’s bid for reelection in 2012. The efforts include new voting laws passed in more than a dozen states, some requiring government-issued identification to vote and others limiting third-party voter registration drives.

Massachusetts: Ware to consider backing legislation changing how Massachusetts awards Electoral College votes | masslive.com

The town has asked other small towns across the state, including Ware and Whately, to back state legislation that could impact the way presidential contests are decided, but similar bills in other states have been lightning rods for partisan anger.

House Bill 00200, sponsored by state Rep. Robert M. Koczera, D-New Bedford, would make it possible for the state to split its 11 Electoral College votes between candidates. The legislation calls for each Congressional district to choose an elector and for two electors-at-large to represent the whole state. This matches the number of congressmen and senators. Erving selectmen contend the bill would add weight to each person’s vote.

Nebraska: Voter ID Bill Creates Heavy Debate | KPTM FOX

Wednesday was the first session of the 2012 Nebraska Legislature and already there is heavy debate. LB 239 would require voters to show an identification before casting a ballot in an election. Some groups in Omaha think this bill will make it difficult for youth, elderly, minority and the poor to vote.

Bubba McCrimon has been voting for more than 30 years and he has never had to show his ID. He is against this proposed bill. “To say it’s racism is harsh, to say it’s targeted its harsh, to say it’s going to take away lot of opportunities that is easy to say,” McCrimon said. He and others at a news conference this morning want to stop this bill from ever becoming a law.

Montana: SCOTUS expected to weigh Montana campaign finance appeal | Politico.com

The U.S. Supreme Court is expected to wade into the hot-button debate over corporate cash in politics again, just in time for the 2012 election season. The conservative group American Tradition Partnership announced plans Thursday to appeal a Montana Supreme Court ruling that upheld a state law banning corporations from spending to directly support or oppose candidates.

Campaign finance experts predict that the court will almost certainly address the ruling, since it’s seen as a direct challenge to the U.S. Supreme Court’s 2010 Citizens United v. Federal Election Commission decision that allowed corporations, unions and other special interests to use their treasury funds to make or fund political ads that support or oppose political candidates.

… At least one justice on the Montana court isn’t expecting the state law to stand. “Citizens United is the law of the land, and this Court is duty-bound to follow it,” said Montana Supreme Court Justice James Nelson, one of the two dissenting judges in the 5-2 ruling issued on Dec. 30. “When this case is appealed to the Supreme Court, as I expect it will be, a summary reversal on the merits would not surprise me in the least,” he wrote. But campaign finance reform advocates see opportunity in re-opening the contentious debate at the federal level.

South Carolina: Counties Tally Up Cost of Republican Primary | WSPA

Upstate counties are getting a clearer idea of how much South Carolina’s Republican Presidential Primary will cost their taxpayers. Spartanburg County Voter Registration Director Henry Laye says his estimate now is that the Republican Presidential Primary will cost the county about $55,000 (significantly lower than his original projection of $106,000).

He still believes the state should reimburse the county for overtime for poll workers (since the election will be held on a Saturday), cost of fuel involved in dropping off and picking up voting machines at the precincts (about $1200), and maintenance and testing of voting machines. Laye says he had budgeted for these expenses. Oconee County’s Voter Registration Office did not, according to the chairman of that county’s Board of Elections. Hence the office’s request to Oconee County Council for $10,000.

“We thought either the state or the Republican Party would cover the whole cost of this election,” said Robert Brock, chair of Oconee County’s Board of Elections. County council will vote on the expense at a meeting later this month. The statewide cost of ballots, poll workers, data processing and other expenses related to the Jan. 21 primary is expected to total about $1.5 million, according to state election commission spokesman Chris Whitmire.

South Carolina: GOP lacks money to pay for upcoming primary | ScrippsNews

With less than three weeks until South Carolina’s GOP presidential preference primary, state elections officials say they lack the cash to pay for it. But they say they are not letting that deficit prevent them from preparing for the vote.

The cost of ballots, poll workers, data processing and other expenses related to the Jan. 21 Republican primary is expected to total about $1.5 million, state election commission spokesman Chris Whitmire said Tuesday.

But the commission currently has only about $1 million earmarked to cover these costs, Whitmire said. That amount includes more than $800,000 set aside by the South Carolina legislature and $180,000 in filing fees from the nine GOP candidates whose names will appear on the ballot.

Texas: Supreme Court to examine Texas redistricting | USAToday.com

As the election season intensifies, the Supreme Court will hear a dispute Monday involving the fairness of new voting districts drawn by the Texas Legislature. The case arises as several challenges from other states and localities have been made against the landmark 1965 Voting Rights Act. Advocates on both sides are watching the Texas case for signals from the court on whether a decades-old provision intended to ensure equality at the polls should stand.

In Texas, a San Antonio-based federal court blocked the Legislature’s voting-district maps, saying they could not be used until officials had ensured, based on the 1965 law, that they didn’t harm the interests of Hispanics and blacks. Texas contends the lower court judges wrongly drew a new, interim plan for state House and Senate districts and Texas’ 36-member U.S. House of Representatives. State lawyers say the judges should have deferred to the legislative plan even though it had not been cleared under Section 5 of the Voting Rights Act.

Myanmar: Suu Kyi’s Party Gets Approval To Contest Myanmar By-election | rttnews.com

Myanmar’s election commission has given the green signal to the country’s main Opposition party to contest upcoming by-elections. A month after National League for Democracy (NLD) decided to rejoin national politics, its leader Aung San Suu Kyi and 20 other members applied for the party’s registration to the Union Election Commission on December 23.

NLD spokesman Nyan Win told media on Thursday that it got the approval of the Election Commission, and registered to participate in the April by-elections. Suu Kyi, who earlier said the party would contest all the 48 seats to which by-elections are held, in which she also would be a candidate, has not yet officially announced her decision. In an interview to BBC on Thursday, the Nobel laureate said she was optimistic Burma would hold “full democratic elections” in her lifetime.

India: ‘Consider column for negative vote on Electronic Voting Machines’ | zeenews.india.com

The Bombay High Court on Thursday asked the Maharashtra Election Commission to consider including the column for ‘Negative Vote’ in the Electronic Voting Machines (EVMs) so as to ensure secrecy.

A division bench headed by Justice D D Sinha was hearing a public interest litigation (PIL) filed by Thane based doctor Mahesh Bedekar stating that when secrecy is maintained while a voter casts his vote for a candidate, the same should also be ensured when a person wants to cast a negative vote.

“By casting a negative vote, the voter decides not to vote for any of the available candidates. When a voter wishes to do so, he or she is asked to fill out a separate form and a register is also maintained with name and details of the voter. Chances of the person being harassed is there,” Sanjeev Gorwadkar, petitioner’s advocate argued.

Jersey: Jersey’s Electoral Commission could include politicians | BBC News

Politicians may become involved in the work of in a commission looking at States reform in Jersey. Privileges and procedures (PPC), which sets rules for politicians, backed overturning a bar on them taking part. The PPC, which set up the Electoral Commission, challenged the States’ backing of ex-deputy Daniel Wimberley’s argument it should be independent.

On Wednesday, the PPC also backed equalising the number of politicians and non-politicians sitting on it. The non-politicians would almost certainly be local, but the positions would be open to people who do not live in Jersey but have a connection with the island.

Mexico: Will Migrants Matter in the Mexican Election? | NAM

The clock is ticking as the registration deadline fast approaches for Mexican expatriates to vote in their country of origin’s presidential election this year. Although Mexican election officials are confident a late rush of applications will mean greater absentee participation than in the 2006 election, preliminary reports of the number of applications received indicate few expatriates will vote in the 2012 race.

According to Mexico’s Federal Electoral Institute (IFE), 14, 776 voter registration applications had been received as of December 20. That’s out of a potential voter pool of an estimated four million migrants. Opened in October, the registration window for Mexicans living abroad closes on January 15-more than four months before the July election.

The Voting News Daily: Looking Ahead to the End of this New Year, Montana Supreme Court, Citizens United: Can Montana get away with defying the Supreme Court?

Editorials: Looking Ahead to the End of this New Year | Edward B. Foley/ElectionLaw@Moritz Will the rules, particularly recent changes in the rules, governing elections make a difference in the outcomes next November? Possibilities include the effect of changes in campaign finance laws or the laws governing voter identification and other aspects of the vote-casting…

Editorials: Montana Supreme Court, Citizens United: Can Montana get away with defying the Supreme Court? | Slate Magazine

On the rare occasions when the world talks to you in stereo, it’s a good idea to set aside your knitting and listen. This week, Americans got their first good look at what super PACs—political organizations that can receive unlimited corporate contributions and make unlimited expenditures for federal candidates—have wrought in Iowa. At the same time, the Montana Supreme Court issued a stunning opinion last Friday, upholding the state’s law limiting corporate election spending. Think of the two as a sort of woofer and tweeter for life in a post-Citizens United world.

The impact of the so-called super PAC on the Iowa election has been profound. Just ask Newt Gingrich, who was clobbered by almost a third of the more than $14 million in super-PAC ad money spent in the weeks before the caucus. When the court handed down that decision in 2010, it assumed both that these expenditures would be independent of the candidate’s official campaigns (they’re not; one is financed by Jon Huntsman’s dad) and that disclosure rules would ensure that Americans knew who was buying and selling their elections (we don’t).

Ruth Marcus has a great piece explaining all the ways in which the super PACs are both coordinating with campaigns and evading federal disclosure requirements. She notes that this was the inevitable consequence of both the Citizens United decision and subsequent lower-court rulings. Whether he meant to or not, she writes, Justice Anthony Kennedy, with his majority opinion in that case, managed to “clear the path for independent expenditure committees backing a particular candidate—and bankrolled by the candidate’s father or run by his former top aides.”

Voting Blogs: Election Geekery 101: Turnout | Doug Chapin/PEEA

Yesterday, Twitter user DukeDuluth wrote the following which was picked up and re-Tweeted by many anxious for something to discuss in the run-up to the Iowa caucuses: State with highest % voter turnout in most recent general election should have first presidential contest. Reward Democracy. I will admit to having been involved in past efforts…

Editorials: Looking Ahead to the End of this New Year | Edward B. Foley/ElectionLaw@Moritz

Will the rules, particularly recent changes in the rules, governing elections make a difference in the outcomes next November? Possibilities include the effect of changes in campaign finance laws or the laws governing voter identification and other aspects of the vote-casting process. But something entirely unexpected may upend the best efforts to predict what will happen in this potentially momentous presidential election year.

At this season’s holiday parties friends would say, referring to the upcoming presidential election, “2012 is going to be a big year.” I would agree politely, as undoubtedly 2012 will be an interesting and important year politically. It cannot help but be, given the pressing economic issues facing the nation, and stalemate in Washington, with each side hoping that the electoral verdict in November will somehow break the deadlock in its favor.

But will 2012 be a big year legally, meaning will election law feature prominently in assessments of the significance of political developments at the end of 2012? In other words, next New Year’s Eve will we look back and say that this or that aspect of the legal regime for conducting our elections affected which candidate or party won an important electoral victory?

California: Secretary of State’s creaky computer system working again | San Jose Mercury News

Candidates, journalists and civic-minded busybodies weary of pestering state staffers to submit or examine campaign disclosure forms will be relieved to know that the state’s creaky electronic filing system is back online after its second prolonged outage.

Nicole Winger, spokeswoman for California Secretary of State Debra Bowen, said the 12-year-old computer system known as Cal-Access was back up shortly before 6 p.m. Friday after being down for most of December.

Hawaii: Republican Party changes caucuses in hopes of gaining more members | KHON2

Republican voters here in Hawaii will begin choosing their Presidential nominees in March. The Hawaii Republican Party made changes to this year’s Caucuses, hoping to attract more people to vote GOP. It’ll be very similar to the Democratic Caucuses in 2008, which as you may recall had a record turnout.

The Hawaii Republican Party will hold its Presidential Caucuses on Tuesday, March 13th from 6pm to 8pm. “Everyone goes, votes. At 8pm they’ll close, count the ballots and the votes will be allocated to a proportional method to each of the Presidential candidates they vote for,” said David Chang, Hawaii Republican Party Chair.

Indiana: Charlie White Can Stay In Office During Appeal, Judge Rules | WRTV Indianapolis

Marion Circuit Court Judge Louis Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White can remain in office while he appeals an order removing him from the statewide post.

Rosenberg said he reached the decision because he felt “the negative consequences would be great and irreparable” if he did not grant the stay. Rosenberg had issued an order Dec. 22 ousting White because he was improperly registered as a candidate when he ran for office in 2010.
But he stayed that order pending a hearing Tuesday requested by White, who has filed a notice of appeal.

Iowa: Despite Close Finish, No Recount in Iowa | NYTimes.com

It was, perhaps, the closest finish ever between two candidates in a presidential caucus. At just before 3 a.m. Eastern time on Wednesday, the chairman of the Iowa Republican Party went on television to announce the official result: Mitt Romney had beaten Rick Santorum by eight votes out of 60,022 cast for the two men.

So why no recount?

There is no legal provision for a recount in the Iowa caucuses, and, in fact, no legal need. The Iowa caucus, despite its position at the center of the political universe every four years, is nothing more than a nonbinding preference poll that does not legally determine who gets the state’s 25 delegates to the Republican nominating convention.

Voting Blogs: Western Populism and Corporate Electioneering: The Montana Supreme Court | Election Law Blog

One of the historical oddities about today’s debates over corporate money and elections is that the issue maps so directly onto partisan political differences, at least among national political players.  As I’ve noted before, the deeper, long-term pattern historically has been quite different.  Starting at least in the Jacksonian era, with Andrew Jackson’s war on the Bank of the United States — in significant part, because of allegations that the Bank was playing a role in partisan political contests — there have been longstanding alliances against corporate money in politics that united more conservative populists in the west and midwest with more liberal progressives in the east and that transcended conventional partisan divisions.

Arizona’s John McCain, of course, was a principal architect of the restrictions on corporate electioneering the Supreme Court struck down in Citizens United.  And within the US Supreme Court, manifestations of that deep historical pattern can be seen in the fact that several Justices from the western United States who otherwise were considered conservatives or moderates strongly endorsed the power of government to limit the role of corporate money in elections — Justice O’Connor (from Arizona), Justice White (from Colorado), and Justice Rehnquist (sixteen years in private practice in Arizona). But there is no one on the Court now who appears to reflect that western-style populist resistance to corporate electioneering.

Nebraska: Proposed Nebraska Voter ID Bill Meets Opposition | WOWT.com

It’s one of the most important rights we have in a democracy, the right to vote. To help protect that right, a Nebraska state senator wants to set up what he believes is a simple process, but opponents of a voter ID bill are already up in arms.

The bill’s language is simple. Anyone who wants to vote must provide a state or government issued ID that shows a current address. A group of community members, elected officials and representative from area organizations met Wednesday morning in Omaha. They said not only is the idea unnecessary, it would create a burden for anyone without an ID or who would need to update their old ID at a cost of $26.50.

“It unfairly targets citizens with low income, seniors, youth and citizens with disabilities,” said Linda Duckworth with the League of Women Voters of Nebraska. “It points us in a direction that Nebraskans should be ashamed to take.”

New Mexico: Lawmakers to consider voter ID requirement | The Santa Fe New Mexican

Legislation to repeal the law that allows illegal immigrants to get driver’s licenses often is cited as the most divisive issue the Legislature likely will deal with during the upcoming session. But another highly controversial and highly partisan issue also will be debated at the Roundhouse during the 30-day session.

The issue is a perennial one in New Mexico — “voter ID,” which is political shorthand for requiring voters to show photo identification before voting. The chief of staff for Secretary of State Dianna Duran confirmed Tuesday that Duran will push for such legislation in the session. And a spokesman for Gov. Susana Martinez said Tuesday that the governor would grant a message for the bill to allow it to be addressed in the upcoming session.

In this state, as in other states across the country, Republicans support the voter ID idea, saying it’s needed to protect against vote fraud — such as people using someone else’s name to vote. However, Democrats counter that there’s no evidence that massive voter fraud actually exists and claim that the whole idea is a Republican scheme to repress voter turnout among the elderly, young voters and minorities. Those groups are the most likely not to have voter identification. And, historically, these groups tend to vote for Democrats.

Texas: Primaries Await U.S. Supreme Court Ruling | The Texas Tribune

If Texas is going to hold primary elections on April 3, the federal courts will have to pick up the pace. A panel of federal judges in Washington, D.C., is deciding whether congressional and legislative district maps drawn by the Legislature last year give proper protection to minority voters under the federal Voting Rights Act.

At the same time, the U.S. Supreme Court is deciding whether an interim map drawn by federal judges in San Antonio is legal. In the meanwhile, there are no maps in place for the impending Texas elections.

Virginia: Judge allows GOP presidential hopefuls to join Perry’s ballot suit | The Washington Post

A federal judge in Richmond agreed Wednesday to let three Republican presidential candidates join the lawsuit Texas Gov. Rick Perry brought after failing to qualify for Virginia’s GOP primary ballot. U.S. District Judge John A. Gibney Jr. granted a motion to intervene brought by former senator Rick Santorum (Pa.), former House speaker Newt Gingrich (Ga.) and former Utah governor Jon Huntsman. Rep. Michele Bachmann (R-Minn.), who also had sought to join the suit, was not included in the order. She dropped out of the race Wednesday after a last-place finish in the Iowa caucuses.

The ruling means the case against Virginia’s GOP chairman and members of the State Board of Elections would go forward even if Perry, who had a poor showing in Iowa, dropped out of the race, said Carl Tobias, a professor at the University of Richmond School of Law. “They would keep it alive,” he said. “Once they’re parties, they step into the shoes of the plaintiff.”

West Virginia: West Virginia Legislature Told to Act Promptly On Redistricting | Wheeling News-Register

Federal judges have told West Virginia legislators they have just two weeks to overhaul a congressional redistricting plan that required months of work and controversy to be approved initially. That isn’t much time, but lawmakers have no choice but to make it happen.

Every 10 years, states are required to redraw boundaries of districts used to elect members of the U.S. House of Representatives. The process is meant to take into account population shifts during the preceding decade. But parties in Jefferson and Kanawha counties objected to the way legislators changed the boundaries earlier this year. They filed a lawsuit in federal court.

On Tuesday, a three-judge panel announced its ruling. The order, issued on a 2-1 vote (Judge John Bailey dissented), was that a new congressional district map must be prepared. The two judges who objected to the existing plan said it does not come close enough to equalizing populations within West Virginia’s three congressional districts.

Wisconsin: New photo ID voting law another hurdle for homeless | Green Bay Press Gazette

New state rules that require photo identification to vote could make it harder for the homeless to cast ballots, and local advocates are trying to help. JOSHUA, an interfaith social justice organization, has made it a priority to help the homeless and others in need navigate the new voting laws before heading to the polls.

The legislation, in part, requires people to show photo ID when voting. That can be challenging for a person who doesn’t have a place to call home or transportation to visit a state Division of Motor Vehicles office to obtain the proper ID. Election specialists from the state Government Accountability Board told a group of advocates Tuesday at the Brown County Central Library the law doesn’t make exceptions for the homeless.