Editorials: Buckley v. Valeo at 40 | Paul H. Jossey/The Hill

Poll Americans on the leading Supreme Court cases of the past 100 years and Buckley v. Valeo, which turns 40 this month, won’t likely place alongside Brown v. Board of Education, Roe v. Wade, or even Citizens United v. FEC. But it should. Buckley, which considered the constitutionality of the Federal Election Campaign Act of 1974, has immeasurably impacted how we choose our leaders and discuss public affairs. Most importantly it created the “Buckley distinction,” which protected political expenditures and contributions differently. This court-created split reverberates beyond campaign electioneering to issues like how the IRS polices politics, how the Department of Justice criminalizes political activity, and how the parties influence campaigns. Four decades on, the distinction’s uneasy compromise supplies Buckley’s relevance—for better and worse.

Alabama: Judge sets hearing in suit against Alabama voter ID law | Montgomery Advertiser

n a Jan. 21 order, U.S. District Judge L. Scott Coogler, based in Tuscaloosa, set a Feb. 11 hearing on Greater Birmingham Ministries’ move for a preliminary injunction that would suspend the photo identification rule for the March 1 primaries in Alabama. But Coogler said in his order that he could cancel the hearing if he “determines that Plaintiffs’ motion may be decided on the papers.” Coogler also limited the defendants in the lawsuit to Secretary of State John Merrill. The voter ID law, passed by the Alabama Legislature in 2011, requires those voting to have photo identification, such as a driver’s license, before casting ballots. The state did not immediately enforce the new law. But after a 2013 U.S. Supreme Court ruling that was seen as gutting the law, Alabama officials put the law into effect.

Florida: Hacking into Supervisors of Elections Office | Fox 4

Is the Supervisor of Elections computer system vulnerable to hackers? Dan Sinclair, who is running against Sharon Harrington, says it is. In a FOX 4 exclusive, Sinclair and his team show how they were able to infiltrate one of the Supervisor of Elections servers. Using a structured query languange.injection, Sinclair and David Levin were able to gain immediate access to a server. From there, they collected the passwords for everyone that works in the Supervisor of Elections office for Lee County.

Maryland: Hogan proposing independent redistricting | The Washington Post

Gov. Larry Hogan (R) on Tuesday proposed creating a nonpartisan redistricting panel to draw Maryland’s legislative and congressional districts, a change that would strip that power from the legislature and the governor’s office. … The redistricting proposal — which will be formally introduced in the legislature Wednesday — would require an amendment to the state constitution. The change would have to be approved both by the Democratic-majority legislature and by voters. Democratic legislative leaders have vowed to resist such redistricting changes, saying they prefer to wait for national redistricting reform that would also affect states where Republicans control the legislatures.

Editorials: Ex-offenders and the right to vote in Maryland | E.R. Shipp/Baltimore Sun

These are probably frightening words to anyone who wants to maintain the political status quo: “I have a criminal record. I pledge to vote in 2016 elections because I care about my neighborhood and want to add my voice to improve everyone’s quality of life.” Let’s just suppose that a significant barrier to voting in Maryland is removed Feb. 5th and residents with felony convictions are allowed to vote as soon as they leave prison, rather than having to wait until they complete community supervision requirements. “We’re talking about infusing maybe 40,000 voters into the democratic process,” says Perry Hopkins, a community organizer who has been ubiquitous on this issue as well as on the untenable conditions that led city housing officials to agree to pay up to $8 million to settle sexual harassment claims brought by some of its public housing tenants.

New York: Early voting: Cuomo wants it; Counties have concerns | Poughkeepsie Journal

Registered voters in New York wouldn’t have to wait until Election Day to cast their ballot in person if Gov. Andrew Cuomo has his way. A measure in Cuomo’s $145 billion budget proposal would make New York the 38th state in the country to allow early voting, in which a limited number of polling places are opened ahead of elections, freeing up voters from having to cast their ballot on a specific day. Supporters of early voting say states should be doing anything they can to make voting more convenient, particularly in New York, where just 29 percent of voters cast their ballot in 2014, a gubernatorial election year.

Editorials: How North Carolina voter ID law has become a dangerous farce | Bob Hall/News & Observer

In a matter of weeks, thousands of North Carolina voters will head to the polls unaware of what they’ll need to vote – and election officials will be hard-pressed to help them. Ironically, conservative Republicans who promoted voting changes could suffer the most. The excitement of the Republican presidential primary will motivate new voters to show up, but newbies are the most likely not to have followed the twists and turns of election rule changes. Will they be helped or frustrated at the polls? At this point, it’s up to Gov. Pat McCrory. Here’s why. The new law cuts out safety-net provisions for new voters and dumps a load of confusing regulations on poll workers. That combination is making it hard for election officials to do their jobs.

Ohio: Christian group, tea party activists urge delay in online voter registration | The Columbus Dispatch

If Ohio is going to implement online voter registration, it should be delayed until after the presidential election, the leader of a coalition that includes a religious group and tea party activists told lawmakers Tuesday. The website could be hacked, and thus it’s a poor decision to try to implement online voter registration during a high-volume, high-stakes presidential election, Christopher Long, president of the Ohio Christian Alliance, told a House committee. But lawmakers in both parties pushed back against his concerns. Rep. Louis “Bill” Blessing, R-Cincinnati, questioned if any other states have encountered security issues with their online systems.

Iran: Election gatekeepers keep tight controls on candidates for key panel | The Washington Post

Iran’s election overseers have cleared only one-fifth of the potential candidates seeking a spot on the panel with powers to select the country’s next supreme leader, an official said Tuesday. The rejections appear to be another stand by hard-liners seeking to hold back more moderate-leaning groups after some high-profile strides under President Hassan Rouhani, including a nuclear deal with world powers that lifted international sanctions. Such widespread vetting of candidates is a fixture of Iranian politics that allows the culling of those perceived as potential threats to the ruling system and its protectors, led by the Revolutionary Guard Corps.

Nauru: Barriers for women in Nauru elections | Radio New Zealand

An aspiring female candidate in Nauru Ann Hubert says cultural barriers are holding women back from being involved in politics in the country. Elections are to be held later this year, and the United Nations has held a series of workshops hoping to increase the participation of women. Ms Hubert says women are more educated than men in Nauru, but both women and men see Parliament as a man’s job. “When it came to the actual polling day, it just went back to like voting for the men. Because either your parents wanted you too, or because your husband told you to vote, and then it went back to the cultural, it’s the man that you should vote for, because they should be running the country, not the women.”

Philippines: Comelec prepares trusted build of poll software | CNN

The Commission on Elections (Comelec) on Tuesday (January 26) came up with the trusted build of the software that will be used to run the election management system (EMS) of the May 9 national and local polls. The supplier of the software, Smartmatic-Total Information Management (TIM), and the international certifier, SLI Global Solutions, put the trusted build together based on the customized source code reviewed by SLI in Denver, Colorado, USA. They were supervised by members of the Comelec and representatives from the Technical Evaluation Committee of the Department of Science and Technology (DOST). On its website, the Comelec defines the trusted build as “the process whereby the source code is converted to machine-readable binary instructions (executable code) for the computer. It is performed with adequate security measures implemented to give confidence that the executable code is a verifiable and faithful representation of the source code.”

Tanzania: Zanzibar election re-run raises likelihood of confrontation | African Arguments

After a long period of negotiations, it was announced on Friday that Zanzibar will hold a re-run of elections on 20 March. The news was accompanied by a deployment of security forces in the semi-autonomous archipelago and was greeted with anger by many on the streets of the capital. “We have been cheated,” exclaimed one resident of Stone Town. “They will be here up to the 20 March, there is no freedom in Zanzibar,” said another. The decision comes three months after elections in October 2015 were controversially annulled by the Zanzibar Electoral Commission chairman, Jecha Salim Jecha, who claimed that there had been irregularities. The Tanzanian army had a strong presence in Stone Town and had surrounded the Commission.

National: North Carolina voter-ID case could have ramifications across U.S. | The Washington Post

The requirement to present photo identification to cast a ballot went on trial Monday in a closely watched case that will have legal ramifications for voting across the country this presidential election year. Inside a federal courthouse here, attorneys for the Justice Department and the NAACP argued that the law passed by the Republican-led North Carolina General Assembly intentionally discriminates against African Americans and Latinos, who disproportionately lack one of the required forms of photo identification. “The state should be making it easier for people to engage in the fundamental right to vote, not harder,” Michael Glick, a Washington lawyer representing the NAACP, said in his opening statement. Because the voter-ID requirement will make it harder for African Americans and Latinos to vote, Glick said, it is unconstitutional and violates the Voting Rights Act of 1965.

Editorials: Seeking to End Gerrymandering’s Enduring Legacy | Carl Hulse/The New York Times

Buried less than two miles from the Capitol is the man many blame for the toxic partisanship infecting Congress today even though he died 202 years ago. Elbridge Gerry was a patriot, signer of the Declaration of Independence, drafter of the Constitution, House member, governor and vice president under James Madison. Yet he is best known today for the twist on his name that now defines the twisting of legislative boundaries to give one party or candidate an electoral advantage. This “gerrymandering” is seen by many as a root cause of Washington gridlock, a point President Obama underlined anew in his final State of the Union address. Mr. Gerry, as governor of Massachusetts in 1812, signed into law a state legislative map that included an irregularly shaped district obviously drawn to benefit his party. A cartoon in The Boston Gazette archly observed that the map resembled a salamander and added a head, wings and claws to bring it to life. “Better say a gerry-mander,” retorted the waggish opposition newspaper editor Benjamin Russell, who is often credited with coining the exact term. Thus, a lasting element of America’s political lexicon was born. (Mr. Gerry’s name was pronounced with a hard “G” that has been softened in the contemporary use of gerrymander.)

Alabama: Committee working to restore felons’ voting rights | Montgomery Advertiser

In a meeting room in Alabama’s State House on Wednesday afternoon, Pastor Kenneth Glasgow, a longtime advocate for those who have been incarcerated in the state, looked across the room at Department of Corrections Commissioner Jeff Dunn and announced, with a laugh, that they were in agreement. That exchange came after several minutes of discussion on the intricacies of imposed court fees, but the conclusion was a microcosm of the meeting of the Voter Disenfranchisement and Restoration of Voting Rights Exploratory Committee – a mishmash of state officials, law enforcement, court workers, legislators and public advocates.

Arizona: House committee OKs bill outlawing early ballot collection | Associated Press

A House committee has passed a measure that would block voter-outreach groups from collecting and dropping off early ballots as the state prepares for the 2016 election season. The proposal would make it a felony for anyone but a family member, roommate, caregiver, postal worker or candidate to collect early ballots from another person in an act sometimes called “ballot harvesting.” The House Elections Committee chaired by Ugenti-Rita passed the measure along party lines in a 4-2 vote Monday. The outcome of the legislation could impact the state’s general and primary elections if the bill is signed into law and enacted before elections take place.

Colorado: Federal funds to help with new voting system costs | Journal Advocate

Logan County Clerk and Recorder Pam Bacon got some welcome news this week while in Fort Collins for the Colorado County Clerks Association three-day winter conference. Wednesday at the conference, Colorado Secretary of State Wayne Williams announced that he has some funding available to help counties with the purchase of new voting equipment in the next two years. According to a press release from Williams’ office, the state will use $850,000 in federal Help America Vote Act funds to cover 50 percent of a county’s costs to train, test, install and manage the project. The U.S. Election Assistance Commission, which is a unit within the Justice Department and the grantor, approved Williams’ decision.

Illinois: Ballot issues likely to delay start of early voting | Bloomington Pantagraph

Early voting for the March 15 primary election is likely to be delayed due to problems getting ballots ready at the state level. Voting set to start Feb. 4 might be pushed as state officials process pending objections against presidential candidates, according to a joint release from the McLean County Clerk’s office and Bloomington Election Commission. “It is possible ballots may be available on or before Feb. 17. If so, we will notify the public immediately by alerting all media sources, as well as posting on our websites,” according to the release.

Iowa: How Jimmy Carter Revolutionized the Iowa Caucuses | The Atlantic

There is a long history of surprise candidates doing well in the Iowa caucuses and defeating the “inevitable” nominees. And this year is no exception. Whether it’s Donald Trump or Ted Cruz, or if it’s Bernie Sanders or Hillary Clinton, next week, Iowans will get to have the first say. How did this all start? How did the Iowa caucus—a strange election-year event where a small number of Iowans gather in homes, schools, and other civic buildings to announce their support for their candidates—become such a major political touchstone? With a mere 52 delegates, Iowa has nevertheless become a force in presidential campaigns over the last four decades. The caucus, which started in the 1840s, had traditionally fallen in the middle of campaign season. But in 1972, state reforms modernized the process and moved the date from May 20 to January 24, making it the first contest in the election. That’s when a campaign worker named Gary Hart convinced Democrat George McGovern to take the state seriously. But where McGovern took Iowa seriously, it was Jimmy Carter who revolutionized the role that the Hawkeye State would play in presidential politics. Carter turned the Iowa caucus into a major event in 1976 and thereby demonstrated how an upstart campaign could turn a victory in this small state into a stepping-stone for gaining national prominence. When people talk about Carter’s legacy by focusing on his failed presidency or his transformative post-presidency, they forget one of his most lasting actions—his 1976 campaign, which all started in small, rural Iowa.

Montana: Group discusses ‘motor voter law’ claims | Great Falls Tribune

Nearly a dozen people met Thursday to discuss allegations that Montana is failing to fully comply with the National Voter Registration Act of 1993, setting the stage for more meetings and further discussion, officials said. In a Dec. 18 letter, a group claims Montana has not fully complied with sections that establish clear voter registration obligations on the Motor Vehicles Department, which is overseen by the Department of Justice, and the Montana Department of Public Health and Human Services

North Carolina: Arguments Over North Carolina Voter ID Law Begin in Federal Court | The New York Times

The bitter dispute about North Carolina’s elections laws returned to a federal courtroom here on Monday as the state’s voter identification requirement went on trial. The week’s proceedings will affect election practices in North Carolina, a state that has been closely contested in recent years and where voting rules could play a part in deciding tight elections, from local races to the 15 electoral votes for president. Court rulings here could also provide an early glimpse at how the federal courts might examine balloting laws in the wake of the United States Supreme Court decision that, in 2013, upended a significant component of the Voting Rights Act. “The North Carolina litigation is the leading litigation in the post-Shelby world,” said Edward B. Foley, an elections law expert at Ohio State University, referring to the Supreme Court’s decision in Shelby County, Alabama, v. Holder. “It’s the test case, the battleground case more than any other.” The trial about North Carolina’s identification standard, which requires voters to produce one of six accepted credentials or to submit a provisional ballot, is included in a broader challenge of the election law changes that the state’s Republican-dominated legislature first approved in 2013. Then, as now, supporters of the alterations to voting procedures described them as safeguards against potential fraud, but critics condemned them as thinly veiled efforts to throw up barriers, particularly to black and Hispanic voters.

North Carolina: Professor questions legislators’ claims that Voter ID law aimed to prevent fraud | News & Observer

A Wisconsin political science professor told a federal judge Monday that if North Carolina legislators were worried about voter fraud, he thought they would have focused more attention on the process for casting absentee ballots. Gov. Pat McCrory and the Republican-led legislature that shepherded the state’s new voter ID requirement into law have touted the measure as one necessary to prevent voter fraud and preserve the integrity of elections. Barry Burden, from the University of Wisconsin in Madison, testified as a witness for voters and organizations challenging the voter ID law. His research focuses on election administration, voting behavior and civic engagement. The director of the Wisconsin university’s newly created Elections Research Center, offered his opinions on the first day of a federal trial about whether it is lawful to require N.C. voters to present photo identification to cast a ballot in local, state and national elections.

Oklahoma: Legislation filed to clarify voting state’s rights law | Tulsa World

Legislation intended to clarify state law pertaining to restoration of a convict’s voting rights has been introduced in the House of Representatives. Rep. Regina Goodwin, D-Tulsa, filed House Bill 2277 for consideration during the second regular session of the 55th Oklahoma Legislature, which convenes Feb. 1. HB 2277 provides that anyone convicted of a felony could register to vote upon having “fully served” his/her sentence, “including any term of incarceration, parole or supervision,” or after completing a probationary period imposed by a judge.

Haiti: After election collapse, Haiti edges toward interim government | Reuters

President Michel Martelly is determined to leave office on the first day of Haiti’s carnival in two weeks even though he has no replacement, the prime minister said on Monday, making it likely an interim government will guide the country to elections. Haiti was due to choose Martelly’s replacement last Sunday, but the two-man race was postponed indefinitely after opposition candidate Jude Celestin refused to participate over alleged fraud that sparked protests and violence. “It is clear that we won’t have elections before the departure of President Michel Martelly scheduled for Feb. 7,” Prime Minister Evans Paul said.

Portugal: Voters Pick Center-Right President | The New York Times

Portugal’s voters elected a veteran center-right politician and television commentator as their new president on Sunday, two months after a Socialist administration took office following inconclusive parliamentary elections. The new president, Marcelo Rebelo de Sousa, won 52 percent of the votes, with 98 percent counted. He entered the contest as the clear favorite against nine other candidates, which also helped increase his chances by fracturing the left-wing electorate. His closest rival, António Sampaio da Nóvoa, won just under 23 percent of the votes.

Vanuatu: Election winners confident of forming government | Radio New Zealand

A newly-elected MP for Vanuatu’s capital, Port Vila, says he is confident the multi-party bloc he is part of will get the numbers needed to form the next government. Kenneth Natapei, the son of the recently-deceased former Prime Minister Edward Natapei, was elected to one of the town’s six seats in snap elections on Friday. His Vanua’aku party has entered into a bloc with several other parties, including the Graon mo Jastis Pati and National United Party, to try to gain the majority needed to form a government and make constitutional changes hoped to end years of political instability. Mr Natapei says the bloc needs to win the support of some independent MPs to form a government, but he is confident that will happen and that it will last a full term.

The Voting News Weekly: The Voting News Weekly for January 18-24 2016

voter_id_260Many might spend the Martin Luther King Jr. holiday remembering the 1965 Selma-to-Montgomery march to push for voting equality for black Americans, voting rights advocates note that there have been many major voting rights setbacks in recent years. Currently Internet voting is “a nonstarter,” according to Aviel D. Rubin, technical director of Johns Hopkins University’s Information Security Institute and author of the 2006 book Brave New Ballot. “You can’t control the security of the platform.” The Florida Legislature will not contest a court ruling that redraws all of the state’s 40 state senate districts for the 2016 election cycle. Maryland’s legislature began the process of overriding Gov. Larry Hogan’s vetoes, with the House upholding legislation that would allow felons to regain the right to vote sooner. The legality of a 2013 North Carolina law requiring identification to vote will be challenged in a trial set to begin in federal court Monday ahead of March U.S. presidential primaries in the state. North Dakota Secretary of State Al Jaeger was served with a lawsuit by seven members of the Turtle Mountain Band of Chippewa who claim that recent changes to the state’s voter identification laws infringe on their right to vote. Virginia’s election officials urged the Supreme Court to keep in place a new, judge-selected redistricting plan for this year’s congressional elections, putting the officials at odds with 10 current and former members of the state’s Republican delegation in Congress. Bulgaria’s Parliament approved a resolution on the introduction of electronic voting, while the United States pressed Haiti’s leaders to go ahead with a presidential runoff election, despite a growing chorus of warnings that the vote could lead to an explosion of violence.

Editorials: 6 Years of Citizens United | Zephyr Teachout/Huffington Post

Six years ago today, the Supreme Court issued its ruling in Citizens United vs. FEC. It is not a happy anniversary. I remember waiting for the ruling and opening it up on my computer: when I finally read it, I didn’t want to believe that the Court had gone as far as it had and been so careless with our democracy. Citizens United was bad history, bad logic, bad law. It was a major overreach on the part of the Court (the issue hadn’t even been raised initially). In his majority decision that day, Justice Kennedy allowed billionaires and big corporations to spend limitless amounts of money to influence politicians. His description of politics was pretty out of touch. Basically, the Court held that unless there is an explicit, open deal — “here’s $5 million for a vote against banking reform” — there’s no corruption. Nobody with any common sense thinks that huge corporate expenditures don’t corrupt politics, but the Court left common sense behind that day. One good thing came out of it: it has led to an extraordinary, community-by-community grassroots effort to reclaim our democracy.

Colorado: Secretary of State: Money available for new voting machines | Grand Junction Sentinel

Counties that purchase new voting equipment from the vendor that the Secretary of State has recommended that everyone should use can qualify for some state aid in getting them. Secretary of State Wayne Williams told county clerks at their annual meeting in Fort Collins this week that he will be able to help pay 50 percent of their costs in training, testing, installing and managing the use of new Dominion voting machines. That’s the Denver-based company that a special panel in Williams’ office determined last month would be the best for all 64 Colorado counties to use as part of a statewide uniform voting system.

Maine: Senate president seeks opinion on whether ranked-choice voting would be constitutional | Portland Press Herald

Republican Senate President Michael Thibodeau said Thursday that he’s requesting a legal opinion from the state Attorney General’s Office about whether a citizen-initiated referendum proposal to establish a ranked-choice voting system in Maine violates the state constitution. “It’s the prudent thing to do,” Thibodeau said. “All I know is that we can’t pass legislation in this building without first finding out if it violates the Maine Constitution. This is simply to determine if the Legislature has any role in preventing a citizen referendum that potentially violates the constitution from appearing before voters.” Thibodeau’s move follows a Portland Press Herald report in which a top state election official reiterated her concerns that ranked-choice voting is at odds with a provision in the Maine Constitution that says winners of gubernatorial and State House races are determined by a plurality of votes cast. Ranked-choice voting would swap the traditional plurality system with one that determines a winner after he or she secures a majority of votes cast.