National: Did Scalia add ‘virus’ to Arizona voting opinion? | MSNBC

A Supreme Court decision Monday that struck down an Arizona law requiring people to provide proof of citizenship when registering to vote was hailed by voting-rights advocates as a big win. But several legal scholars say the ruling, written by Justice Antonin Scalia, could in fact set back the voting-rights cause in cases to come. As Spencer Overton, a law professor at George Washington University writing inThe Huffington Post, put it, Scalia “may have implanted today’s opinion with a virus that may hamper federal voting protections in the future.” In his opinion, Scalia found that the Constitution’s “Elections Clause” gives Congress the authority to set the “times, places, and manner” for holding congressional elections. As a result, Scalia ruled, Arizona’s law, known as Proposition 200, is pre-empted by the federal National Voter Registration Act, which requires states to accept a federal form that makes people attest under penalty of perjury that they’re citizens, but doesn’t make them show proof. So far so good for voting rights. But Scalia also ruled—and six other justices agreed—that the Elections Clause does not give Congress the power to set voter qualifications.

Editorials: Gift or Gotcha: What to Make of Scalia’s Arizona Opinion | Janai S. Nelson/Huffington Post

On Monday — just over twenty years to the day that President Bill Clinton signed the National Voter Registration Act (affectionately known as “Motor Voter Law”) into law — the Supreme Court ruled that Arizona’s attempt to tack a proof-of-citizenship requirement onto the federal voter registration form was in violation of the Act. Given Arizona’s racial and ethnic demographics, the burden of this requirement fell heavily upon the state’s Latino and Native American voters. However, Arizona residents were given a reprieve — at least for now — by Justice Antonin Scalia, one of the Court’s staunchest conservatives, who authored the opinion in Arizona v. Inter Tribal Council of Arizona, Inc.

Voting Blogs: Arizona: Voter Registration and the Road Ahead | Justin Levitt/Election Law@Moritz

June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have “won,” and now need only run out the clock. The case is called Arizona v. Inter Tribal Council of Arizona, Inc., but it has bounced through the courts under various names for seven years. In 2004, Arizona voters passed Prop 200, increasing identification requirements at the polls (one valid photo ID or two non-photo documents with name and current address) and requiring new voters to submit documentary proof of citizenship with a voter registration form.

Arizona: Bennett vows to push for voter proof of citizenship, despite court ruling | Cronkite News

Voting and civil rights groups cheered a decision by the Supreme Court Monday that struck down an Arizona law requiring proof of citizenship for voting. The court’s 7-2 ruling said Arizona’s voter-approved Proposition 200, which required proof of citizenship for voter registration, was trumped by the federal “motor voter” law that only requires a potential voter to swear to their citizenship. Justice Samuel Alito, in one of two dissenting opinions, said the court’s ruling “seriously undermines” the state’s interest in preserving the integrity of elections. And Arizona Secretary of State Ken Bennett said late Monday that the state is not about to give up the fight, saying the state would pursue appeals with the Election Assistance Commission and the courts. But Proposition 200 opponents think it is too late for the state, now that the Supreme Court has ruled on the case.

Arizona: Bill makes qualifying harder for minor-party candidates | AZ Central

Libertarians and Green Party candidates would be virtually cut off from running for office under new nominating-petition requirements in a bill now on Gov. Jan Brewer’s desk. Meanwhile, the legislation eases the number of signatures needed for Republican and Democratic candidates. On Tuesday, critics of the law said it’s a valentine for Republican candidates, who see third-party candidates, particularly Libertarians, as spoilers in races. The provision was tacked onto a wide-ranging election bill, House Bill 2305, one week before the Legislature adjourned. It passed on largely partyline votes in the closing hours of the session with the support of most Republicans and solid opposition from Democrats. On Tuesday, the minor-party officials said the bill, if signed, would cement the two parties’ hold on Arizona elections.

District of Columbia: Primary election date change proposal appears to be dead | Washington Post

The city’s top elected officials held high hopes that next year’s primary election might be moved from its current date of April 1, via legislation introduced in April by D.C. Council Chairman Phil Mendelson (D) and subsequently endorsed by Mayor Vincent C. Gray (D). But with at least three of five members of the council’s Government Operations Committee currently opposing the change, it looks as though next year’s primary day will remain April Fools’. Kenyan McDuffie (D-Ward 5), the panel’s chairman and a co-introducer of the bill, confirmed that the measure has insufficient support on his panel. He said Monday that if he can’t get two additional votes by Friday, he won’t move the bill.

Kansas: Supreme Court ruling on voter I.D. could affect Kansas law | KansasCity.com

The U.S. Supreme Court ruled Monday that Arizona cannot require voters to document their citizenship before allowing them to cast ballots in federal elections. Arizona voters in 2004 approved Proposition 200, which requires voters to document their citizenship before allowing them to cast ballots in federal elections. The U.S. Supreme Court on Monday struck down the law. Rather, the high court said that a 1993 federal law takes precedence. That statute says people may register to vote using a federal form that asks, under penalty of perjury, whether they are U.S. citizens.

Minnesota: Ranked Choice Voting looms large as Minneapolis Democrats fail to endorse mayoral candidate | Twin Cities Daily Planet

A contentious, 12-hour convention Saturday failed to endorse a DFL candidate for Mayor of Minneapolis, increasing the significance of the role that Ranked Choice Voting will play in the November 5 election and giving a crowded field of candidates more room for maneuver. More than 1,400 delegates attended the all-day convention which — like all but one of the previous three such events — did not succeed at giving the party’s endorsement to one candidate. The convention dissipated in confusion after four ballots when supporters of progressive candidate Betsy Hodges left the Minneapolis Convention Center, joined by supporters of fellow progressive candidate Gary Schiff. Schiff had withdrawn his name from contention after the second ballot and urged his supporters to join forces with Hodges. The joint tactics by the two City Council members were aimed at blocking an endorsement for former Hennepin County Commissioner Mark Andrew, who was the favorite of many “old-guard” DFLers and came the closest to winning the 60-percent support necessary for endorsement.

New Hampshire: Voter ID talks break down at State House, no compromise expected on changes to 2012 law | Concord Monitor

he Democratic effort to roll back New Hampshire’s voter ID law ran aground yesterday when negotiations between the House and Senate ended almost as soon as they began. Negotiators from the Democratic-led House and Republican-led Senate could still reach some sort of compromise before Thursday’s deadline for committees of conference to finish their work. But neither side sounds confident that will happen. “I would say the chances are slim,” said Rep. Gary Richardson, a Hopkinton Democrat and the chief House negotiator. Last year, the then-GOP-dominated Legislature enacted a law requiring voters to present photo identification or sign an affidavit at the polls. The law’s second phase will kick in this fall, with a shorter list of acceptable forms of ID that doesn’t include student IDs and a requirement that election workers photograph anyone signing an affidavit to vote.

New Jersey: Christie can set NJ election date, lawyers argue | Associated Press

Government lawyers argued Tuesday that the New Jersey Supreme Court should reject a request to move a special U.S. Senate election that Gov. Chris Christie scheduled three weeks before the state’s regular Nov. 5 election. Christie and all 120 legislative seats are up for election in November. However, the governor set the special election for Oct. 16 — the first legally allowable date — to fill the remaining year of a Senate seat left vacant by the death of Sen. Frank Lautenberg. Democrats sued, and an appeals court quickly and unanimously sided with Christie, ruling the governor within his authority to set the special election schedule. The Supreme Court received briefs this week from challengers seeking emergency consideration to invalidate the dates. They say it’s unnecessary to hold a special election so close to regularly scheduled balloting, which will cost taxpayers an extra $12 million. There is no word on when the court might rule. Party primaries are scheduled for Aug. 13. Four Democrats and two Republicans have qualified.

Rhode Island: House committee approves bill to ‘freeze’ current voter ID law | Providence Journal

Rhode Island voters who have no photo IDs would be able to continue to show a government-issued ID when they go to the polls, according to a bill approved by the House Judiciary Committee Tuesday night. The vote was 11-1 with Rep. Doreen Marie Costa casting the lone dissenting vote. The bill (H-5776 Sub A), which was being redrafted until just before the hearing, now heads to the House for a floor vote. Supporters describe the bill as a compromise between those calling for stricter ID requirements for voters and others who have sought to repeal the current Voter ID law, enacted in 2011, with its requirement that voters show photo IDs starting in 2014.

Zimbabwe: Elections May Be Delayed – For Two Weeks | CFR

The Southern Africa Development Community (SADC) special summit on the Zimbabwe elections went ahead on June 15 in Maputo, Mozambique, despite press reports that Zimbabwean president Robert Mugabe had sought its postponement. Mugabe had unilaterally proclaimed that elections would go ahead on July 31, as mandated by the Zimbabwean constitutional court. The opposition parties, led by Morgan Tsvangirai’s MDC-T, strongly objected to elections that soon because a package of reforms designed to prevent a repeat of the 2008 electoral violence has not been legislated or implemented. SADC, led by South Africa’s president Jacob Zuma, has called for such a Zimbabwe “road map” that would promote free and fair elections. The upshot of the Maputo summit is that Mugabe agreed to ask the constitutional court to allow a delay in the elections for about two weeks. Mugabe also apparently agreed to regularize through parliament some amendments to the electoral act that he had already implemented using presidential powers. In addition, the Zimbabwean security forces are to restate their commitment to the rule of law. SADC further urged the Zimbabwean parties in parliament to agree on legislation concerning a number of proposed reforms that remain outstanding.

National: Voting Rights Groups Get High Court Win As Bigger Case Looms | NPR

Advocates of tougher voter registration standards have racked up wins in recent years — voter ID laws have taken hold across the nation, for example. But those who believe that government should make voting as easy as possible just gained a significant victory with the U.S. Supreme Court’s decision slapping down an Arizona law that required potential voters to prove their citizenship. In its 7-2 decision, the court ruled that the 1993 National Voter Registration Act, the so-called motor voter law, trumped an Arizona law passed in 2004. The state law demanded that voters produce documentation of their citizenship at the time they registered to vote. The federal law requires those registering in federal elections only to attest to their citizenship. The process is simple enough that people can register by postcard. The high court’s decision on the Arizona law put an extra bounce in the step of officials at civil and voting-rights organizations.

National: Supreme Court strikes down Arizona law requiring proof of citizenship to vote | NBC

The Supreme Court on Monday struck down an Arizona law that requires people to submit proof of citizenship when they register to vote. The vote was 7-2, with Justice Antonin Scalia writing for the court. Justices Clarence Thomas and Samuel Alito, two members of the court’s conservative wing, dissented. Only a handful of states have similar laws, which the states say are meant to reduce voter fraud, but civil rights groups worried that more states would have followed if the Supreme Court had upheld the Arizona law. Those groups say the Arizona law was an effort to discourage voting by legal immigrants. Groups opposed to the Arizona law said that the court had blocked an attempt at voter suppression. “Today’s decision sends a strong message that states cannot block their citizens from registering to vote by superimposing burdensome paperwork requirements on top of federal law,” said Nina Perales, vice president of litigation for the Mexican-American Legal Defense and Education Fund.

Editorials: The Supreme Court Gives States New Weapons in the Voting Wars | Rick Hasen/The Daily Beast

Supreme Court watchers have been waiting each day to see if the Supreme Court is going to strike down a key provision of the Voting Rights Act in a case called Shelby County v. Holder. The court did not issue that opinion Monday, but it did issue another important ruling in an Arizona voting case that could lead to new struggles between states and the federal government—and between Democrats and Republicans—over the rules for running our federal elections. While the opinion is a short-term victory for the federal government, it raises more questions than answers and ultimately could shift some power in elections back to the states. In 2004, Arizona voters passed a law requiring people registering to vote in the state to provide documentary proof of citizenship. At issue in today’s case, Arizona v. Inter-Tribal Council, was a very technical question: must Arizona accept a simple federal form, required by the 1993 National Voter Registration Act (commonly known as “motor voter”), for voter registration even though the form does not require registrants to include documentary proof of citizenship?

Editorials: Pyrrhic victory for federal government in Arizona voter registration case? | Marty Lederman/SCOTUSblog

The Court, by a seven-to-two vote, today held that federal law preempts — that is to say, renders invalid — an Arizona law requiring voter registration officials to reject a voter’s application for registration if it is not accompanied by evidence of U.S. citizenship above and beyond the attestation of citizenship the applicant has made on the federal “Motor Voter” form. Lyle is almost certainly correct, however, that what appears at first to be a significant victory for the federal government might in fact be something much less than that — indeed, might establish important restrictions on Congress’s authority to determine eligibility for voting in federal elections, in a way that implicates current and potential future federal legislation.

Editorials: Opinion recap: One hand giveth…. | Lyle Denniston/SCOTUSblog

In a ruling that might easily be misunderstood if not read very closely, the Supreme Court on Monday simultaneously strengthened Congress’s hand in expanding the ranks of eligible voters, and yet assured states that they retain the ultimate power to decide who gets to vote.  The apparent bottom line: states cannot now require voters to show proof that they are U.S. citizens, but the Court has given them a plan that could gain them that power. The decision in the case of Arizona v. Inter Tribal Council of Arizona (docket 12-71) had major potential for sorting out the dual roles of Congress and the states in deciding eligibility to vote, and that was even more vital in the midst of a new national controversy over efforts among some states to narrow eligibility.  The end result will give both sides in that controversy encouragement, but perhaps rather confusing legal guidance.

Editorials: How the Voting Rights Act Hurts Democrats and Minorities | Steven Hill/The Atlantic

Civil rights are on the nation’s docket in a major way. Sometime this month, the U.S. Supreme Court will decide an important voting-rights case, Shelby County v. Holder, in addition to another case involving racial discrimination in higher education and two potentially landmark cases on gay marriage. By the end of June, the nation’s civil-rights profile may look quite different. In Shelby County, the justices are weighing whether the 1965 Voting Rights Act should continue to apply specially to designated regions of the country with ugly histories of racial discrimination. These regions, including the entire state of Alabama as well as eight other states and more than 60 counties, currently must seek “preclearance” from the Department of Justice for any changes to their voting laws and practices (changes can still be challenged after enactment). Officials in Shelby County, Alabama, say “times have changed,” that Shelby County is no longer the cesspool of Jim Crow racism it once was, and so the high court should overturn the preclearance requirement, known in legal parlance as Section 5.

Editorials: Scalia’s ‘Voter Access’ Case | Spencer Overton/Huffington Post

We are still waiting for a decision about the fate of the Voting Rights Act, but today the U.S. Supreme Court issued an opinion in another voting rights case. In today’s case, the Court ruled in favor of those who support voter access. Arizona must accept federal voter registration forms — even those federal forms that do not comply with Arizona’s restrictive proof-of-citizenship requirements. The opinion was written by Justice Scalia, who stated in February that the renewal of the Voting Rights Act was motivated by “racial entitlement.” Before assuming that Justice Scalia is a recent convert to voting rights protections, recognize that language in today’s opinion could eventually undermine voting rights. The details of the opinion could empower state and local partisans who manipulate voting rules. The opinion’s reasoning could also hamper federal efforts to protect military voters and restore former offender voting rights.

Editorials: The real IRS scandal | Herman Schwartz/The Great Debate (Reuters)

We just had five congressional hearings about the Internal Revenue Service, full of sound and fury, but, we now know, signifying nothing. Despite all the hoopla and headlines about IRS personnel targeting conservative tax-exempt organizations, there is no real scandal here. IRS staffers acted not only legally but, given their impossible task, quite rationally. They forgot, however, that they not only work in a political fishbowl, they swim in a sea of politics. Faced with internally contradictory regulations laid out in vague terms, and with little guidance from higher-ups, they botched it. Republicans may now finally get the chance to pour unlimited amounts of secret money into elections. The Internal Revenue Code provides a tax exemption under section 501(c)(4) for nonprofit groups “operated exclusively for the promotion of social welfare” (emphasis added). In classic oxymoronic bureaucratic doublespeak, however, a 1959 regulation decided “exclusively” really meant “primarily.” Though the courts have ruled that a tax-exempt group’s political activity must be “insubstantial,” lawyers have argued this means it can be as much as 49 percent – and the IRS has gone along. Even that has been flagrantly violated by both Democratic and Republican 501(c)(4)s.

Voting Blogs: Supreme Court Decision Strengthens “Elections Clause” of U.S. Constitution | Ballot Access News

On June 17, the U.S. Supreme Court issued an opinion in Arizona v Inter Tribal Council of Arizona, 12-71. The most important consequence of this decision is that the Elections Clause in Article One of the U.S. Constitution has been strengthened. The “Elections Clause” only relates to Congressional elections. It says, “Section 4. The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”

New Jersey: Special election, special primary, special problems | NJ.com

Critics of Gov. Chris Christie’s decision to have a special election Oct. 16 to choose a U.S. senator contend that it will create a lot of unnecessary difficulties for voters and county election officials. By opting not to have the event 20 days later, as part of the general election for state and local offices, they say, Christie has created conditions for a perfect storm: voter turnouts even smaller than the embarrassing numbers in the high 40s that are normal in New Jersey, shortages of equipment and trained personnel, and, finally, contested results. And all that on top of the extra $12 million the decision not to combine the two elections will cost the state. The governor and his circle dismiss these complaints. He had full legal authority to schedule the election when he did, they say, and he did it lawfully and for appropriate reasons. That doesn’t diminish the potential for problems, which are substantial. One factor is what the Somerset County Democrats, in a lawsuit to overturn Christie’s decision, called “a confusing patchwork of registration and voting dates, including the highly irregular placement of an election on a Wednesday.” The lawsuit was rejected last week by the Appellate Division.

New Jersey: Panel approves bill moving general election to October, coinciding with U.S. Senate special election | NorthJersey.com

Governor Christie’s decision to fill New Jersey’s U.S. Senate seat through an October special election is “bad for democracy,” the Democrat running against him said today. She and other Democrats on a state Senate committee voted today for two bills aimed at combining special and general elections. One bill would move this year’s general election — currently scheduled for Nov. 5 — to Oct. 16 to coincide with the special election. The other would prohibit the governor from holding a special election to fill any future Senate vacancy. Instead, the governor would have to appoint someone until the seat is filled in a general election. The appointee would have to belong to the same political party as the person who previously held the seat.

Egypt: Electoral commission granted right to set poll dates | Ahram Online

The Shura Council has passed an article granting the Supreme Electoral Commission (SEC) the right to set election dates. The law change on Sunday was made in response to a High Constitutional Court decision in May that deemed four articles in the parliamentary election law unconstitutional. The president has the authority to call referendums and can set the date of elections if the House of Representative (lower house of parliament) is dissolved, the article adds.

Guinea: Guinea ‘cannot hold elections on June 30’: official | AFP

An official from Guinea’s election commission said Monday that polls set for June 30 were no longer “in the programme” following weeks of deadly protests by opposition activists objecting to the date. President Alpha Conde’s announcement in April of parliamentary elections has been followed by a series of anti-government demonstrations in which dozens have been killed or wounded in the capital Conakry. “The date of June 30 scheduled for the parliamentary elections in Guinea is no longer in the programme of the Independent National Election Commission (CENI),” said the source, on condition of anonymity. “I’m not the best person to give you this information but be aware that we cannot hold the elections on June 30, as indicated by the head of state,” the source told AFP.

Iran: Election Yields Surprising Outcome | US News and World Report

Friday’s election in Iran was surprising on multiple fronts. Perceived reformer Hassan Rouhani won a majority of the vote in the first round, clinching the presidency to succeed Mahmoud Ahmadinejad who has held that position since 2005. Iranians took to the streets in celebration during the weekend to recognize not only Rouhani’s unlikely victory with 50.7 percent of the vote, but also the process itself which, unlike 2009, did not appear to be rigged by the country’s ruling elites. Iranian Supreme Leader Ali Khamenei likely felt pressure to give way to the majority rule due to the country’s economy, crippled by international sanctions, and the series of uprisings throughout the region. Protests that began in the Arab Spring in late 2010 continue to roil in countries such as neighboring Syria and Turkey.

Malaysia: Election Commission chairperson admits failure of indelible ink | Malaysian Islander

The Election Commission admits failure of indelible ink during the 13th general election. Its chairperson, Tan Sri Abdul Aziz Mohd Yusof (pic) expressed his disappointment with reports that the ink could be washed off easily. “If people ask me now, what is the saddest thing in my life, I would answer: ‘Indelible ink’,” said Abdul Aziz during an interview with Malay daily, Sinar Harian. The ink was part of the electoral reforms made last year to improve transparency within the system. However, the plan backfired when many voters found that the indelible ink can be washed off. According to Abdul Aziz, the commission tested the indelible ink several times prior to the May 5 general election.

Nepal: Electronic Voting Machine plan may not materialise | ekantipur.com

The government’s plan to use electronic voting machines (EVM) in 119 of the 240 constituencies during the upcoming Constituent Assembly (CA) elections has been rendered moot. The Indian Election Commission has said it will not be able to deliver EVMs as per Nepal’s requirement any time soon. Currently, the India-built voting console has only 64 voting switches, while the number of political parties entering the CA election fray is likely to surpass that figure. The Election Commission (EC) has registered 139 political parties so far. Although India is planning to upgrade the EVMs to accommodate 384 candidates for its 2014 general elections, it is unlikely that the plan may materialise any time soon.

Editorials: The Kremlin’s Managed Mayoral Election | The Moscow Times

The most intriguing aspect of the early mayoral election in Moscow is its complete lack of suspense. Almost two weeks have passed since pro-Kremlin Mayor Sergei Sobyanin unexpectedly resigned. He then called for a new election in three months, effectively eliminating any possible competition in the process. The election will be held according to the standard scenario of Russia’s “managed democracy” — that is, by preventing the strongest rivals to Sobyanin from running in the race, guaranteeing low voter turnout and applying the Kremlin’s massive propaganda and administrative resources to manipulate the vote. Civil Platform party leader and billionaire Mikhail Prokhorov was expected to have been Sobyanin’s main rival. During his bid for the presidency in March 2012, Prokhorov received nearly 8 percent of the vote nationally and more than 20 percent among Muscovites.

National: Supreme Court expected to rule soon on constitutionality of Voting Rights Act | Washington Examiner

The Supreme Court is expected by the end of the month to announce its ruling on a case that could end a landmark Civil Rights-era law designed to combat discriminatory voting practices nationwide. All or parts of 16 states, mostly in the South, currently must receive approval from the Justice Department or a federal court before making changes in the way they hold elections. The provision is part of the 1965 Voting Rights Act — enacted to stop Jim Crowe-era practices such as literacy tests, poll taxes or other measures designed to keep blacks from voting. But Shelby County, Ala., is challenging the constitutionality of the advance approval, or “preclearance” requirement, saying it no longer should be forced to live under oversight from Washington because it has made significant progress in combating voter discrimination.