Alabama: One-man Washington nonprofit helps steer Shelby County voting case | al.com

Shelby County’s name is on the case, but a one-man Washington, D.C., legal defense fund with pri­vate donors is the driving force be­hind one of the most important constitutional challenges to the 1965 Voting Rights Act. The Project on Fair Representa­tion is the nonprofit run by Ed­ward Blum, a one-time congres­sional candidate in Texas with two decades of experience in litigation over affirmative action, redistrict­ing and voting rights. After the U.S. Supreme Court in 2009 expressed some reservations about the constitutionality of Sec­tion 5 of the Voting Rights Act but no official ruling, Blum found in Shelby County a potential litigant to try again: a local government that had grown weary of the bur­dens of the Voting Rights Act and a willingness to take that complaint all the way to the U.S. Supreme Court. So the Shelby County Commission agreed to let Blum’s Project on Fair Representation hire the lawyers and file the case that alleges two key parts of the landmark civil rights law are outdated and no longer necessary.

Alabama: Voting and Racial History – Shelby County v. Holder and Section 5 of the Voting Rights Act | NYTimes.com

Instead of ensuring that voting rights are extended to all Americans, many state legislatures are engaged in efforts to shut out voters in this election year, taking aim at young people, immigrants and minorities. Last week, a panel of judges on the United States Court of Appeals for the District of Columbia heard a case that could eviscerate the ability of the federal government to prevent racial discrimination in voting. The issue in Shelby County v. Holder involves Section 5 of the 1965 Voting Rights Act, which requires that jurisdictions with flagrant histories of racial discrimination in voting must get permission from the Justice Department or a federal court before making any changes in their voting rules or laws.

Alabama: Appeals Court Examines Constitutionality Of Voting Rights Act Provision | The BLT: The Blog of Legal Times

A federal appeals court in Washington is reviewing the constitutionality of a provision of the Voting Rights Act that requires certain local and state governments to get permission from the U.S. Justice Department before implementing electoral changes. Bert Rein, representing Shelby County, Alabama in the suit against the federal government, today urged the U.S. Court of Appeals for the D.C. Circuit to strike down Section 5 of the 1965 law as unconstitutional. U.S. District Judge John Bates ruled for DOJ last September.

Alabama: Key provision of voting rights law under court scrutiny | NBC

A central part of election law dating back to the historic civil rights struggles of the 1960s could be scrapped or curtailed in the coming months as a critical case makes its way through the courts. The fate of a key part of the 1965 Voting Rights Act is now being decided by the federal appeals court in Washington, as a three-judge panel weighs an appeal from Shelby County, Ala. asking the court to find that Congress exceeded its power when it renewed section 5 of the law in 2006.

Alabama: Appeals Court Hears Challenge To Voting Rights Act | Fox News

Appeals court judges expressed concern Thursday about whether to overrule Congress’ determination that some southern states and other jurisdictions still must have federal election monitoring to protect minority voting rights. Alabama’s Shelby County is challenging a requirement under the Voting Rights Act that governments with a history of discrimination obtain federal approval to change even minor election procedures. An attorney for the county argued in federal appeals court in Washington that the South has changed and that extraordinary oversight is no longer needed. But two of three judges on the panel hearing the case pointed out Congress renewed the provision of the 1965 Voting Rights Act in 2006 after finding that discrimination still exists. A lower court endorsed that finding.

Alabama: Alabama backs Shelby County in Voting Rights Act appeal | al.com

The state of Alabama has offici­ally sided with Shelby County in its fight to have key sections of the Voting Rights Act declared uncon­stitutional. “To be clear: There are still race-relations prob­lems in Alabama, just as there are race-relations problems in every state of our Union. But today’s Ala­bama has come a long way from the past that justified (Section 5 of the Voting Rights Act) some 40 years ago,” wrote lawyers for the Alabama Attorney Gener­al’s Office.

Shelby County, a mostly white and strongly Republi­can area, sued the U.S. Jus­tice Department last year over the decision by Con­gress in 2006 to extend the historic civil rights-era law by another 25 years. The county’s case, financed by a nonprofit interest group, argues that the law is out­dated and too much of a burden because it requires that local election proce­dures get approved in ad­vance by the federal gov­ernment.

Alabama: Jefferson County Commission talks cutting funds from election budget | Birmingham Business Journal

The Jefferson County Commission is mulling its first round of cutbacks since filing the nation’s largest governmental bankruptcy last week. In committee on Tuesday, commissioners discussed cutting up to $880,000 from its budget for the March 2012 primary election and the potential April runoff election.

To achieve the cuts, the council will consider next week eliminating proposed contracts with Election Systems & Software that would provide about 20 experts to manage and troubleshoot the upcoming election.

Alabama: Alabama County Continues Fight Over Voting Rights Act | Wall Street Journal

Several states – all with Republican majorities in the state legislature – having been fighting to have portions of the Voting Rights Act of 1965 declared unconstitutional. Now, an Alabama county is asking a federal appeals court in Washington to strike down a judge’s September ruling that upheld the Act’s constitutionality, the Blog of Legal Times reports.

Section 5 of the Voting Rights Act, known as the “preclearance” section, requires some states and localities to get permission from the Justice Department before changing laws relating to elections. The provision applies mostly to locations in the South, where discrimination historically prevented many groups from voting.

Alabama: D.C. Circuit To Hear Voting Rights Act Case In January | The Blog of Legal Times

Lawyers for an Alabama county that is challenging a controversial section of the Voting Rights Act have asked a federal appeals court in Washington to strike down a judge’s ruling that upheld the constitutionality of the law. Judge John Bates of U.S. District Court for the District of Columbia in September ruled for the Justice Department in its defense of Section 5 of the Voting Rights Act of 1965. The section requires some states and localities to get permission before implementing election-related changes.

Section 5, according to the Justice Department, was set up to ensure that changes do not harm minority voting rights. Congress extended the Voting Rights Act in 2006 another 25 years. Shelby County, Ala., sued the Justice Department last year.

Alabama: Federal appeals court will hear Shelby County voting rights case in January | al.com

A panel of three federal appellate judges will hear oral arguments Jan. 19 in an Alabama-based case about the constitutionality of key sections of the 1965 Voting Rights Act. The Shelby County case is a likely contender for the U.S. Supreme Court to revisit whether certain parts of the country should continue to have their elections supervised by the U.S. Justice Department for signs of racial discrimination. All or part of 16 states, including Alabama, have to submit their election-related changes for approval.

U.S. District Judge John Bates last month sided with the Justice Department and upheld the landmark voting rights law that Congress in 2006 agreed to extend for another 25 years. It is Shelby County’s appeal of that decision that is going before the three-judge panel, which is one step below the U.S. Supreme Court.

Alabama: Failure of Alabama challenge to Voting Rights Act looms over Arizona suit | East Valley Tribune

The decision by a federal judge Wednesday to reject challenges by an Alabama county to the Voting Rights Act likely will mean a similar fate for Arizona’s lawsuit, state Attorney General Tom Horne said. Horne acknowledged that the lawsuit he filed last month is based on many of the same arguments that Shelby County made. More to the point, the judge who issued Wednesday’s ruling upholding the federal law is the same one assigned to hear Arizona’s challenge.

But there are other signs that Horne will have a hard time arguing that there’s no reason the Voting Rights Act should extend to Arizona. Horne contends that any discrimination against minorities that may have occurred in the past in Arizona is ancient history. He said there is no evidence of ongoing problems.

But in his 151-page ruling in the Alabama case, Judge John Bates said there are studies as recent as 2004 showing a significant disparity between voter turnout of Hispanics and Anglos. And he cited evidence presented to Congress in 2006 when it renewed the Voting Rights Act, of “men (in Arizona) wearing military or tool belts and black T-shirts reading ‘U.S. Constitutional Enforcement’ approaching Latinos waiting in line to vote, demanding proof of citizenship.”

Alabama: No need for a voter ID law | Huntsville Times

The Alabama Legislature is notorious for providing solutions to problems that don’t exist. Requiring photo identification at the polls is one such example. There’s just been no compelling evidence of election fraud by voters who aren’t who they claim to be.

Yet in the waning hours of the 2011 legislative session, the Legislature approved a bill that will require voters to show photo identification at the polls before voting, with some exceptions. The bill takes effect with the 2014 elections.

Alabama: Voter ID bill passes Alabama Senate | Anniston Star

The Alabama Senate passed a bill 22-10 Thursday that would require voters to present photo identification at the polls. In a brief debate — limited to about 20 minutes by Senate leadership — supporters described the bill as a way to provide security to a crucial part of the democratic process.

“When you go to a convenience store, boarding a plane, or going to a courthouse, you have to show photo ID,” said Sen. Gerald Allen, R-Cottondale, a supporter of the bill.

Opponents of the bill questioned the cost of implementing it in a year of budget hardship. Allen said the bill would cost the state approximately $250,000 in new equipment. One critic of the bill, Sen. Tammy Irons, D-Florence, said the bill would likely cost more in advertising to get the word out about the ID requirement.

Alabama: Secretary of State Chapman praises state lawmakers for passage of Alabama military voting bill | Shelby County Reporter

Alabama Secretary of State Beth Chapman on June 1 praised the Alabama House of Representatives for passing the final version of a bill that would make it easier for military and overseas voters to vote while serving abroad.

Senate Bill 55, created by Chapman and Sen. Gerald Dial, R-Lineville, was approved with a 97-0 vote and now goes to Gov. Robert Bentley for approval.

Alabama: House passes bill creating new voting options for Alabama military, other overseas voters – allows electronic submission of voted ballots | The Republic

The Alabama Legislature is creating new ways for the military and other Alabama voters who are overseas to return their ballots.

Currently, the military and other Alabama voters who are overseas can only use the mail to return an absentee ballot. The legislation allows them to use fax, a commercial carrier like UPS and FedEx, and secure electronic transmissions.