National: The secret weapon that could save the Voting Rights Act | MSNBC

Voting rights advocates are testing whether a little-used provision of the Voting Rights Act could limit the damage of the Supreme Court ruling that struck down a key part of the landmark civil rights law. Hours after the Supreme Court’s verdict was announced, representatives for the state of Texas celebrated its demise by announcing that they would move ahead with restrictive voting law changes that will disproportionately disenfranchise minorities. Those changes were previously blocked by the Justice Department, through a part of the Voting Rights Act the forces jurisdictions with a history of discrimination in voting to submit their election law changes to Washington in advance, often referred to as “preclearance,” under Section 5. Preclearance prevented discrimination in advance, rather than relying on drawn out litigation that might not be resolved until long after ballots are cast. Section 4 of the Voting Rights Act, which the high court struck down as unconstitutional, determined which jurisdictions were covered by that requirement. But Section 3 of the Voting Rights Act allows the federal government to subject jurisdictions with recent records of deliberate discrimination to the preclearance requirement. With Congress polarized and unlikely to come together to fix Section 4′s coverage formula, Section 3 could become the primary tool for the Justice Department and voting rights activists seeking to patch the gaping hole left by the Supreme Court’s verdict. Travis Crum, now a clerk for federal judge David S. Tatel, laid out this approach in an article for the Yale Law Journal in 2010, anticipating that the Supreme Court would someday strike down part of the Voting Rights Act. Crum called Section 3 the Voting Rights’ Act’s “secret weapon.”

Editorials: A New Strategy for Voting Rights | Ari Berman/The Nation

Hank Sanders grew up in segregated, rural southern Alabama and in 1971 moved to Selma—the birthplace of the Voting Rights Act. Before the VRA, only 393 of the 15,000 black voting-age residents in Dallas County, where Selma is located, were registered to vote. Less than a year later, after federal registrars arrived in August 1965, more than 10,000 black voters had been added to the rolls. Sanders experienced firsthand how the VRA transformed Selma and the rest of the country. In 1983, he became the first African-American state senator from the Alabama Black Belt since Reconstruction, representing a new majority-black district created by the VRA. Thirty years later, Sanders watched in disbelief this June as the Supreme Court overturned the centerpiece of the VRA in Shelby County v. Holder. “It’s the most destructive Supreme Court decision in my lifetime,” Sanders said. “It reverses the very foundation of all the progress that we have made.” Reactions in Selma, he said, “ranged from shock to resignation.” The Court’s conservative majority struck down Section 4 of the law, which determines how states are covered under Section 5—the vital provision that requires states with the worst history of racial discrimination in voting, dating back to the 1960s and ’70s, to clear electoral changes with the federal government. Without Section 4, there’s no Section 5. The most effective provision of the country’s most important civil rights law is now a ghost unless Congress resurrects it.

Voting Blogs: An Effects-Test Pocket Trigger? | Travis Crum/Election Law Blog

Following Shelby County v. Holder, civil rights advocates are searching for new strategies to protect voting rights. As I argued in my 2010 Yale Law Journal Note, section 3 of the Voting Rights Act provides a roadmap for the future. Commonly called the bail-in mechanism or the pocket trigger, section 3 authorizes federal courts to place States and political subdivisions that have violated the Fourteenth or Fifteenth Amendments under preclearance. Designed to trigger coverage in “pockets of discrimination” missed by the coverage formula, section 3 has been used to bail-in over a dozen jurisdictions, including Arkansas, New Mexico, and Los Angeles County. Although the pocket trigger has been historically overshadowed by section 5, it has garnered recent attention as a potential replacement for the coverage formula (see here, here, here, and here). So what does section 3 have to offer? First and foremost, it’s already the law of the land. With no need for lengthy hearings and legislative maneuvering, civil rights groups and the Justice Department can move expeditiously to reconstruct the preclearance regime.

California: Panel Rejects Challenges to ‘Top Two’ Election Laws | Metropolitan News-Enterprise

The Ninth U.S. Circuit Court of Appeals Wednesday rejected challenges to Proposition 14, which established the “Top Two” election system used after the 2010 elections, and the measure’s implementing legislation. Senior U.S. District Judge James G. Carr of the Northern District of Ohio, sitting by designation, said there is no constitutional impediment to requiring candidates to list themselves as preferring a qualified political party, or as having “No Party Preference,” or to be listed without any statement about party preference at all. The Elections Code has since been amended to eliminate the blank-space option, so that all candidates are listed either by party or as “No Party Preference.” Proposition 14 replaced the state’s closed partisan primary election with an open primary in which the top two vote-getters, regardless of party, qualify for the general election.

Colorado: Democrats bear brunt of Colorado Secretary of State’s noncitizen voters hunt | The Gazette

Democrats make up more than half of the 155 suspected noncitizen voters that Secretary of State Scott Gessler is referring to prosecutors, according to figures released by his office Friday. The party affiliation breakdown shows that 88 of the voters are Democrats, 49 are unaffiliated, and 13 are Republicans. Five others are from minor parties, according to numbers provided by Gessler’s office to The Associated Press. No charges have been filed yet against the voters, which Gessler said are being referred to prosecutors.

Minnesota: Faster, more reliable voting machines coming in Minneapolis area | Star Tribune

Faster, more reliable voting machines are arriving just in time to help handle an expansion of absentee voting in Minnesota and a high-profile test of Minneapolis’ ranked-choice voting in this fall’s mayoral election. Six of the seven metro-area counties are spending millions to replace hundreds of 13-year-old optical-scan ballot-counting machines, taking advantage of federal grants and the recent certification of new voting technology. Ballots cast by Minneapolis residents will be fed into the machines during the mayoral election in November, which will be the most high-profile test yet of the city’s system that allows voters to pick a first, second and third choice. The new equipment will eliminate the hand counting that took 15 days in 2009.

North Carolina: Court upholds redrawn North Carolina voting maps | WRAL.com

A three-judge panel on Monday upheld legislative and congressional districts drawn by the Republican-dominated General Assembly in 2011, ruling unanimously that the maps were constitutional. Democrats, the state NAACP and good-government groups had sued to invalidate the maps, saying they were improperly drawn based on racial considerations. The opponents also argued lawmakers too finely split the state, dividing so many local voting precincts that it would create confusion. But the three Superior Court judges found that those challenging the maps had not showed “a violation of any cognizable equal protection rights of any North Carolina citizens, or groups thereof, will result.” The plaintiffs in the case, including a former state lawmaker and the state NAACP, have 30 days to decide whether to appeal the decision to the state Supreme Court.

Oklahoma: Hurry up and wait: Tulsa’s new election process frustrates candidates, voters | Tulsa World

After a frantic eight weeks of campaigning leading up to the June 11 nonpartisan mayoral election, now comes the dead of summer and the long, seemingly endless march to the Nov. 12 general election between former Mayor Kathy Taylor and incumbent Dewey Bartlett. Why, one might wonder, is there five months between the primary and the general election? Or, worse yet, seven months between the April filing period and the November general election. And then there is this possibility: If one mayoral candidate gets more than 50 percent of the vote in the June primary, that candidate becomes mayor but doesn’t take office until the first week of December. How did this happen?

Texas: Redistricting fight terribly tangled again | Fort Worth Star-Telegram

The U.S. Supreme Court’s decision in a landmark voting rights case last week released Texas from federal supervision of its election laws and procedures for the first time since 1972. But the clarity of that ruling was fleeting. This week, attorneys for minority groups filed motions with separate three-judge panels in San Antonio and Washington, D.C., asking that Texas be returned to federal oversight under a section of the Voting Rights Act left intact by the Supreme Court. Court watchers — and the San Antonio court itself, which held a hearing Monday — are taking the new challenges very seriously. Lawyers for the state want the whole thing dismissed. “There’s no question this is new territory for everyone,” wrote Dallas attorney Michael Li in his widely followed (among people who follow arcane politics) Texas Redistricting blog at txredistricting.org.

Editorials: An unseemly rush to voter suppression | San Antonio Express-News

Surely, street cred in conservative circles is not worth becoming the poster child for voter suppression. Again. What’s the rush? The ink was barely dry on the U.S. Supreme Court’s ruling on the Voting Rights Act, and there was Attorney General Greg Abbott saying Texas’ voter ID law would go into effect immediately. The problem: the ink has been quite dry for a while on another federal court ruling. This one, in August 2012, said discrimination and voter suppression was written all over Texas’ voter ID law. Yet, the state is now gearing up to implement this law, and county election officials around the state are surely scratching their heads. Why would a state, whose voting numbers are nothing to write home about, want to diminish them further? Particularly since this is ostensibly to address voter fraud — a problem that substantially doesn’t exist.

Virginia: Cuccinelli pushes for voter registration by party to help enforce closed primaries | The News Leader

In a state where party registration doesn’t exist, the idea that Virginians should have to pick a side has an important champion — the potential next governor. Attorney General Ken Cuccinelli II, the GOP nominee for the commonwealth’s top job, reiterated Tuesday that he thinks that Virginia should change its system to make voters officially choose a party or declare themselves independent, so that parties could ensure that only their own members vote in their primaries. Cuccinelli backed the idea when he was in the Senate, too, but come January he could be in a more important position if he defeats Democratic nominee Terry McAuliffe. “I’ve encouraged that in the past and I’ll encourage it in the future,” Cuccinelli said after speaking at the Greenspring retirement community in Springfield.

Wisconsin: Inactive voters removed from polling lists | The Marshfield News-Herald

Hundreds of thousands of inactive Wisconsin voters have been removed from local voting rolls as government officials undergo regular maintenance. More than 220,000 voters were removed in May by the Government Accountability Board, the nonpartisan agency tasked with overseeing the state’s elections and campaign finance laws. “Local clerks have recorded who all voted in November, and who didn’t. We can see who hasn’t voted in the last four years, and those people get postcards,” said Reid Magney, a GAB spokesman. If voters didn’t respond to the postcard mailed to their address, they are listed as inactive voters and removed from local voting rolls. The GAB conducts this regular maintenance of voting rolls during odd-numbered years after a presidential or gubernatorial election.

Egypt: Parliamentary vote to be held in about 6 months | Reuters

Egypt will hold new parliamentary elections once amendments to its suspended constitution are approved in a referendum, the interim head of state decreed on Monday, setting out a timeframe that could see a legislative vote in about six months. A presidential vote would be called once the new legislative chamber convenes, the decree said. It set a four-and-a-half month timeframe for amendments to the state’s controversial, Islamist-tinged constitution that was passed in December.

Mexico: Recount in Baja California governor’s race | GlobalPost

Mexican electoral officials Monday declared the preliminary results of a race for governor in Baja California invalid after the ruling party and the opposition both claimed victory in the politically pivotal state. The election in Baja California, which borders the United States, was the biggest prize in regional polls held in 14 states on Sunday after one of the most violent campaign seasons in recent years. Analysts say the result in the border state could affect a national political reform pact.

Peru: Electronic voting used for first time in Peruvian elections | Peru this Week

In Sunday´s elections, voters in the Lima district of Cañete used an electronic voting system that proved efficient. According to statements given to Andina, participants took only 30 seconds to complete the entire voting process. It is simple and efficient, allowing the results to be released more quickly. The head of the ONPE (Office of Electoral Processes) told Andina that Pacarán, Cañete is an example of the future of voting in Peru: “We congratulate the population of Pacarán that participated in this day of democracy: using new technologies, such as the electronic vote, allows the voting process to be more secure and flexible, today showed us that we can use technological innovations that the world is currently using.”

Russia: Moscow mayoral election to decide opposition’s fate | Russia Beyond The Headlines

Early elections for mayor of Russia’s capital will be held on Sept. 8. This will be the opposition’s zero-hour: The key electorate for opponents of the regime is represented most widely in Moscow. If the opposition does not win on its own turf, the protest movement may be forgotten for a long time to come. Last year’s elections in the Moscow suburb of Khimki were seen by many as a dress rehearsal for the upcoming battle for Moscow. Consequently, the voting there was closely followed by all of Russia’s political observers—as was the opposition’s defeat. Yet protest leaders have been offered the chance to take their revenge far sooner than they expected: The next mayoral elections in Moscow were scheduled to take place only in 2015. The opposition’s plans have been thrown into disarray by Moscow Mayor Sergei Sobyanin’s sudden resignation.

National: States Eye Voting Obstacles in Wake of High-Court Ruling | TIME.com

Less than a week after the Supreme Court watered down the 1965 Voting Rights Act, a handful of states seemed poised to roll back the protections afforded to minorities by the 48-year-old law. Two hours after the decision, Texas Attorney General Greg Abbott announced that a 2011 voter-ID law that federal courts found disproportionately burdened poor and minority voters would go into effect “immediately.” New redistricting maps, Abbott says, could swiftly follow. Since the high court’s ruling on June 25, four of the other 15 states covered by Section 5 of the Voting Rights Act — Mississippi, Alabama, North Carolina and Virginia — are in position to move forward on tightening voting laws. In Alabama and Mississippi, voters will have to present a photo-identification card at the 2014 primary polls under laws that are now being implemented, but were previously being held until cleared by Washington officials. Both states plan to issue photo IDs to voters who don’t have them.

National: GOP has tough choices on Voting Rights Act | Associated Press

When the U.S. Supreme Court gutted the Voting Rights act last week, it handed Republicans tough questions with no easy answers over how, and where, to attract voters even GOP leaders say the party needs to stay nationally competitive. The decision caught Republicans between newfound state autonomy that conservatives covet and the law’s popularity among minority, young and poor voters who tend to align with Democrats. It’s those voters that Republicans are eyeing to expand and invigorate the GOP’s core of older, white Americans. National GOP Chairman Reince Priebus began that effort well before the court’s decision by promising, among other initiatives, to hire non-white party activists to engage directly with black and Latino voters. Yet state and national Republicans reacted to the Voting Rights Act decision with a flurry of activity and comments that may not fit neatly into the national party’s vision.

Editorials: Sabotage at the Election Commission | New York Times

The Federal Election Commission is already in a state of wretched dysfunction, but it will only get worse if Republican members succeed in crippling the agency further when the commission meets on Thursday. The three Republicans on the commission appear ready to take advantage of a temporary vacancy on the three-member Democratic side to push through 3-to-2 votes for a wholesale retreat from existing regulations. Under their proposals, agency workers would no longer be allowed to routinely forward information about potential criminal violations by campaigners to the Justice Department, and the commission’s staff investigators would be severely hobbled in conducting preliminary inquiries. This would provide further aid and comfort to politicians and operatives who run roughshod over campaign laws.

Colorado: Suspect voters sent to Colorado DAs mostly Democrats | The Denver Post

Democrats make up more than half of the 155 suspected noncitizen voters that Secretary of State Scott Gessler is referring to prosecutors, according to figures released by his office Friday. The party affiliation breakdown shows that 88 of the voters are Democrats, 49 are unaffiliated, and 13 are Republicans. Five others are from minor parties, according to numbers provided by Gessler’s office to The Associated Press. No charges have been filed yet against the voters, which Gessler said Monday are being referred to prosecutors. It’s the latest chapter in a heated debate that Gessler, a Republican, has helped drive since taking office in 2011, repeatedly saying noncitizens on voter rolls are vulnerability in the system. He said this week that officials “can no longer turn a blind eye” to it.

Kansas: Beware Kobach’s lie about Kansas City voter fraud case | Kansas City Star

For an elected Secretary of State who claims he wants to prevent real voter fraud in elections, Kris Kobach sure has a cavalier way of talking about the subject. Or, more bluntly, the Kansas Republican has a way of lying about it. Case in point: In a recent op-ed in the Wichita Eagle-Beacon, Kobach states that he knows “aliens” have been involved in stolen elections. He then cites what he calls two “recent” incidents. His first case, by the way, is from 1997! Let me state the obvious: That’s hardly recent, and hardly any evidence that this kind of “alien” action is going on to subvert U.S. elections. But then comes the untruth from Kobach, reprinted fully here: “Another incident happened in 2010 in Kansas City, Mo. In the state representative race between J.J. Rizzo and Will Royster, the election was stolen when Rizzo received about 50 votes illegally cast by citizens of Somalia. The margin of victory? One vote.” Wow, that’s a big story: Votes were “illegally cast” by Somalis. Let’s go to the court records to find proof for that serious allegation made by a sitting Secretary of State. What’s that? There is no proof?

New York: NYC Board Of Elections Finds Nearly 1,600 Brooklyn Ballots Never Counted In Nov. 2012 | New York Daily News

The city Board of Elections just re-certified the results of the race — including an additional 1,579 ballots finally counted last week. Exactly 238 days elapsed between the Nov. 6 election and the beleaguered Board’s Tuesday sign-off on the latest update — raising serious questions about how quickly and reliably the agency can make a call in the upcoming Sept. 10 primary. “There’s three weeks between the primary and the runoff election, and the Board is going to have to perform at a optimal level,” said Alex Camarda, public policy director for the Citizens Union good-government group. “The fact that they’re discovering these uncounted votes [only now] casts doubt on their ability to do that,” he said. “It diminishes public confidence in the integrity of the election system.” Under a bill awaiting Gov. Cuomo’s signature, the Board could haul out its old lever voting machines for the primary and a widely anticipated subsequent runoff that would be triggered if no candidate captures 40% of the vote.

South Carolina: No widespread voter fraud found in South Carolina elections | The Augusta Chronicle

No one intentionally cast a ballot in South Carolina using the names of dead people in recent elections, despite allegations to the contrary, according to a State Law Enforce­ment Division report. Attorney General Alan Wil­son asked the agency to investigate last year after the Department of Motor Vehi­cles determined in early 2012 that more than 900 people listed as deceased had voted in recent years. Wilson called the number “alarming” and said it “clearly necessitates an investigation into criminal activity.” State Election Commis­sion Director Marci Andino had her staff look at questionable votes from the Novem­ber 2010 general election, or about 200 of the more than 900 votes total – information that was also ultimately analyzed by SLED. Nearly half of the issues could be attributed to clerical errors, while several dozen resulted from DMV officials running Social Secur­ity numbers of voters against dead people but not seeing whether the names matched.

Texas: Voting Rights Lawsuit Wants Texas Back Under Pre-Clearance | Texas Public Radio

A lawsuit filed by several civil rights groups this week could result in continued federal oversight of Texas voting laws despite a Supreme Court ruling that section 4 of the voting rights act is unconstitutional. Section 4 mandated that some states, including Texas, must get pre-clearance for any voting changes made by the legislature. The suit was filed in a Washington D.C. court by the League of United Latin American citizens, the NAACP, the Texas Legislative Black Caucus and state Sen. Wendy Davis, D-Fort Worth.

Virginia: Advocates worry about Virginia’s new program to restore voting rights to felons | The Washington Post

With a week left until Virginia has to determine how it will restore the voting rights of certain nonviolent felons, some advocates helping to shape the program are concerned about how the new policy will work. Gov. Robert F. McDonnell (R) announced in late May that he would waive the waiting period and automatically restore the voting rights of nonviolent felons who have completed their sentences and satisfied certain conditions. Grass-roots groups working with the McDonnell administration to streamline the process have spent weeks wrestling with details such as how to determine who will qualify, how to find the thousands who could be eligible, and whether felons should be required to pay outstanding fines before they can regain voting rights.

Cambodia: Self-exiled opposition head vows poll return | Fox News

Cambodia’s opposition leader, who lives in self-imposed exile abroad, has vowed to return to the country, in a move his party hailed Sunday as a boost to its chances in elections this month. Sam Rainsy, seen as the main challenger to strongman Hun Sen, promised to travel to Cambodia “before the election day” on July 28 in a video posted on his Facebook page. “The presence of Sam Rainsy will encourage voters to believe in CNRP (Cambodia National Rescue Party),” said opposition spokesman Yim Sovann. Rainsy’s presence would “create a strong force that would make a change and bring a positive result for the country”, he said, adding that the opposition leader was working to set a date for his return.

Egypt: Muslim Brotherhood can run in next election, official says | PressTV

A spokesman of interim Egyptian President Adly Mansour says the Muslim Brotherhood can run candidates in the upcoming elections that are supposed to be held according to the military’s roadmap. “We extend our hand to everyone, everyone is a part of this nation,” Mansour’s media advisor, Ahmed al-Muslimani, stated on Saturday. “The Muslim Brotherhood has plenty of opportunities to run for all elections, including the coming presidential elections or the ones to follow,” he added. However, many Muslim Brotherhood supporters were not ready to quietly accept the military’s decision to oust President Mohamed Morsi.

Russia: Electoral Watchdog Dodges Government Ban | RIA Novosti

Russia’s leading election monitor, known for accusing the Kremlin of vote rigging and suspended over its alleged “foreign agent” status, found a way to continue its operations, the group’s representative said. Nongovernmental organization (NGO) Golos, would transform into a new legal entity with the same function as before, its deputy head Grigory Melkonyants told RIA Novosti on Thursday. Golos was formally re-established as a non-profit foundation to monitor the elections on Friday, Russian media said, though the necessary paperwork would only be completed next week.

Russia: Prosecutor Urges Six-Year Sentence for Opposition Leader | New York Times

In closing arguments on Friday, prosecutors urged a Russian judge to convict the political opposition leader Aleksei A. Navalny of embezzlement and sentence him to six years in jail — a verdict that would destroy his political career and eliminate him as a threat to President Vladimir V. Putin by imprisoning him until after the next presidential election. Mr. Navalny is the most prominent opposition figure in modern Russia to face prosecution, and he has accused the Kremlin of pursuing trumped-up charges as political retribution. While forcefully denying the allegations, he has long said he expects to be convicted in the trial, which was streamed live online from Kirov, a regional capital. The verdict is to be delivered on July 18. For more than a year, as Mr. Navalny helped to lead big street protests against Mr. Putin, the Kremlin seemed to waver between a desire to imprison him and a reluctance to galvanize his supporters by locking him up. Mr. Navalny has declared his candidacy for mayor of Moscow in an election to be held in September, but he has also said he hopes one day to be president.

The Voting News Weekly: The Voting News Weekly – July 1-7 2013

egyptThe Supreme Ruling effectively invalidating Section 5 of the Voting Rights Act will force voting rights advocates to rely on Section 2 to challenge election procedures which might impede voters. Section 3 is also being used to challenge redistricting maps in Texas. A bi-partisan pair of Senators are working to eliminate waivers in the MOVE Act of 2009 for states that that fail to mail ballots to military and overseas 45 days before elections. The New Jersey legislature has passed a bill that would consolidate the general election and the special election to replace US Senator Frank Lautenberg. Freed from Federal pre-clearance requirements by the Supreme Court, North Carolina’s GOP-led legislature is poised to establish a voter ID requirement and eliminate in-person early voting. Attorney Steve Hamm presented a report explaining the election meltdown in Richland County South Carolina last November. The Egyptian military removed the country’s first democratically-elected President and vowed to hold new elections later this year, while the Russia government has begun arresting popular opposition leaders ahead of scheduled elections.