The Voting News Daily

The Voting News Daily: Partisan Rifts Hinder Efforts to Improve U.S. Voting System, Report: Better Design, Better Elections

National: Partisan Rifts Hinder Efforts to Improve U.S. Voting System | NYTimes.com

Twelve years after a too-close-to-call presidential contest imploded in a hail of Florida punch card ballots and a bitter 5-to-4 Supreme Court ruling for George W. Bush, the country’s voting systems remain as deeply flawed as ever with any prospect of fixing them mired in increasing levels of partisanship. The most recent high-profile fights have been about voter identification requirements and whether they are aimed at stopping fraud or keeping minority group members and the poor from voting. But there are worse problems with voter registration, ballot design, absentee voting and electoral administration. In Ohio, the recommendations of a bipartisan commission on ways to reduce the large number of provisional ballots and long lines at polling stations in 2008 have come to naught after a Republican takeover of both houses of the legislature in 2010. In New York, a redesign of ballots that had been widely considered hard to read and understand was passed by the State Assembly this year. But a partisan dispute in the Senate on other related steps led to paralysis. And states have consistently failed to fix a wide range of electoral flaws identified by a bipartisan commission led by former President Jimmy Carter and former Secretary of State James A. Baker III in 2005. In Florida, for example, the commission found 140,000 voters who had also registered in four other states — some 46,000 of them in New York City alone. When 1,700 of them registered for absentee ballots in the other state, no one investigated. Some 60,000 voters were also simultaneously registered in North and South Carolina. Read More

Blogs: Better Design, Better Elections | Brennan Center for Justice

Design problems continue to have a major impact on elections. In 2008, the Brennan Center for Justice publication Better Ballots documented how design errors continued to plague elections, leading to the loss of hundreds of thousands of votes. The report made several policy recommendations to alleviate this chronic problem. This report continues the work of Better Ballots, detailing a few of the biggest design flaws in the elections of 2008 and 2010. Unlike Better Ballots, which only discussed Election Day ballots, this report also includes voting machine error messages, provisional and absentee ballot envelopes, and voter education materials. The quality of design of all of these materials can be the difference between counting and losing voters’ intended choices. Download the Report (PDF) Read More

The Voting News Daily: Voting Tech Errors Could Be a Deal Breaker in Swing States, Killing a Fly With a Bazooka – Voting Rights, Voter Suppression and 2012

National: Voting Tech Errors Could Be a Deal Breaker in Swing States, Report Says | GovTech

As with any technology, electronic voting machines run the risk of malfunctioning. However, with the upcoming November presidential election, states may want a plan B if a worst-case scenario occurs on Election Day, like if a machine fails to process votes — an issue that could be even more troubling in swing states. History shows that technology doesn’t always cooperate on Election Day. In a 2010 nonpresidential election, North Carolina voters faced problems with electronic voting machines when Republican voters claimed they couldn’t select the Republican candidate while voting because the machines selected the Democratic candidate without the voters’ consent. New York City faced trouble with voting machines that same year due to operational failures and a lack of proper equipment arriving on time at polling sites. To find out how prepared states will be for possible voting system failures in the upcoming election, the Verified Voting Foundation, a nonprofit, nonpartisan organization; Common Cause, another nonpartisan organization; and Rutgers Law School’s Constitutional Litigation Clinic surveyed each of the 50 states on series of criteria and released a report Wednesday, July 25, that outlines the findings. The report, Counting Votes 2012: A State by State Look at Voting Technology Preparedness, ranked the states based on five evaluation topics. States were asked questions including: Has the state instituted a post-election audit that can determine whether the electronically reported outcomes are correct? Does the state have adequate contingency plans at each polling place in the event of machine failure? According to the report, Minnesota, New Hampshire, Ohio, Vermont and Wisconsin were ranked as best prepared to handle potential voting system malfunctions. Ranked least prepared were Colorado, Delaware, Kansas, Louisiana, Mississippi and South Carolina. Overall, the states’ rankings placed them into one of four categories: good, generally good, needs improvement and inadequate. Read More

Editorials: Killing a Fly With a Bazooka – Voting Rights, Voter Suppression and 2012 | NYTimes.com

Curious whether new restrictive state voting laws requiring photo ID will damage the credibility of this year’s election outcome, I sent email queries over the past week to several conservative analysts. I found their responses illuminating. Amy Kaufman, director of congressional relations at the Hudson Institute, wrote that “while there are changes to many states’ registration programs, these will not be an impediment to the victor.” She argued that Florida is “attempting to reduce voter fraud by purging possible noncitizens. Those people have the right to be readmitted by proving citizenship. It appears that over 500 of the roughly 2500 on that list have come forward to show documentation.” A colleague of Kaufman’s at the Hudson Institute, Michael Horowitz, was more outspoken, declaring that “requiring some form of identification of voters seems to me not merely reasonable but long overdue.” In Horowitz’s view, the “accusatory rhetoric” of Attorney General Eric Holder “about the alleged racism of those who support the I.D. reforms — unspeakable because he’s the Attorney General of the United States, not someone running for mayor of the District of Columbia  — merits condemnation from progressives, not a threat that Republicans will lack political legitimacy.”

The Voting News Daily: Is your vote secure? Study says any digital systems lack paper backups, FEC says it will enforce nonprofit disclosure rules

National: Is your vote secure? Many digital systems lack paper backups, study says | CSMonitor.com

In elections this March in Palm Beach County, Fla., an election management software glitch gave votes to the wrong candidate and the wrong contest. But paper ballots were available, and a recount was done. The mistake was corrected. Such failures are hardly unique. And often they are worse. In every national election in the past decade, computer voting systems have failed with memory-card glitches and other errors that resulted in votes lost or miscounted, according to a new national study, “Counting Votes 2012: A State by State Look at Voting Technology Preparedness.” More than 300 voting-machine problems were reported in the 2010 midterm elections and more than 1,800 in the 2008 general election, according to the study by Common Cause, Rutgers School of Law, and the Verified Voting Foundation. “Voting systems frequently fail,” the study concludes. “And when they fail, votes are lost. Voters in jurisdictions without paper ballots or records for every vote cast, including military and overseas votes, do not have the same protections as states that use paper ballot systems. This is not acceptable.”

Download the Report Read More

National: FEC says it will enforce nonprofit disclosure rules | The Washington Post

The Federal Election Commission told political advocacy groups Friday that it would enforce new disclosure rules for some nonprofits under a recent court ruling, but many key groups have taken steps to evade the requirements. Legal experts said the FEC guidance makes it clear that nonprofit groups will have to reveal some of their major donors if they pay for electioneering communications — also known as “issue ads” — that name political candidates but stop short of urging viewers to vote for or against them. But advocacy groups such as the conservative Crossroads GPS still have many ways of evading disclosure, often simply by changing the tenor or language of their advertising, experts said. The rules also only apply to ads that run close to an election. Major advocacy groups had already stopped running issue ads close to primary elections this summer in anticipation of the FEC’s guidance. The U.S. Chamber of Commerce has said it will simply alter the language of its ads to avoid reporting contributors to the FEC. Read More

The Voting News Daily: Study finds only 5 states very well-prepared to handle voting machine errors, Embattled postal service faces challenge on Election Day

National: Voting Machine Report: States Ranked Based On Use Of Paper Ballots | Huffington Post

Six states received the lowest grades for their abilities to accurately count election results based on their lack of access to paper ballots, according to a report released Wednesday by Common Cause, Rutgers Law School and the Verified Voting Foundation. The report — which studied election technology and administration in the 50 states and the District of Columbia — calls primarily for states to implement paper ballots in all counties in order to guard against system failures and other issues. The grading centered primarily on whether the state had paper trails in place. “The biggest problem is if those machines malfunction, there is no way to independently check,” Susannah Goodman, director of the voting integrity project at Common Cause said in a conference call with reporters. “What was the voters’ intent? You can’t do an audit.” The report showed that Minnesota, New Hampshire, Ohio, Vermont and Wisconsin were best when it came to catching voting problems, while Colorado, Delaware, Kansas, Louisiana, Mississippi and South Carolina ranked at the bottom of the list. States were graded on whether their machines leave a paper trail, whether an audit is done of ballots, whether election officials check the vote count against the amount of voters who come to the polls, whether there are contingency plans in place in case of machine failure, and whether voting-by-mail is encouraged over online voting for military and overseas voters. Failure in the paper ballot category led to failure for states in the audit category, given the need for paper ballots to conduct the audit. “For states that don’t have paper ballots or records, it knocks them down,” Goodman said. Read More

National: Embattled postal service faces challenge on Election Day | NBC

In states that rely largely or entirely on vote-by-mail or absentee ballots, a pre-Nov. 6 disruption of mail delivery caused by the U.S. Postal Service’s fiscal crisis would be a fiasco for voters and election officials. With partisan battles already under way on voter eligibility across the nation over fears of voter fraud and charges of vote suppression, the last thing the upcoming election needs is another procedural snafu. Washington and Oregon voters cast their ballots entirely by mail or at local drop boxes, and in California’s June primary, nearly two out of three voters cast their ballots by mail. Even in states where voters still show up in person to vote at their local precinct, absentee voting by mail is common. In order for the election to take place, the mail must get delivered promptly – no matter how dire the Postal Service’s fiscal crisis is – and it’s dire indeed. In the second quarter of its fiscal year (January to March) the Postal Service lost $3.2 billion. Congressional postal experts will be scrutinizing its third-quarter financial statement on Aug. 9 to see if the distress has worsened. While the Senate has passed a reform bill to keep the Postal Service afloat, the House hasn’t yet acted. 

The Voting News Daily: Overseas voting in 24 states vulnerable to hackers, Pennsylvania’s voter ID law: Bad for both parties?

National: Overseas voting in 24 states vulnerable to hackers | Fox News

Few could forget the weekslong hubbub over vote-counting in Florida in 2000 that led to a recount, a Supreme Court ruling and a national debate about the veracity of the system by which voters cast their ballots. But 12 years later, the voting system is still far from fail-proof, according to a state-by-state report released Wednesday. Almost half of states use voting systems for overseas and military voters that could be susceptible to hackers, says the report by Rutgers Law School and two good-governance groups: Common Cause Education Fund and the Verified Voting Foundation. Dozens of states lack proper contingency plans, audit procedures or voting machines that produce backup paper records in case something goes wrong. Colorado, Delaware, Kansas, Louisiana, Mississippi and South Carolina are least prepared to catch problems and protect voter enfranchisement, the study showed. Minnesota, New Hampshire, Ohio, Vermont and Wisconsin are in the best shape. Read More

Editorials: Pennsylvania’s voter ID law: Bad for both parties? | Slate Magazine

Pennsylvania’s voter ID law goes on trial today. The first thing this challenge to the state’s law has going for it are the real people who will testify about why it means they can’t vote. The second thing is the Pennsylvania constitution. And the third is the utter lack of legitimate justification for the burdens the law imposes. This law should go down, and now, before it can cause problems in November. But if you’re a Democrat worried that the law—which requires voters to show an approved form of photo ID at the polls—is going to cost President Obama the election, there’s a possible silver lining here. The number of voters affected may not be as huge, or as overwhelmingly Democratic, as it seems. Let’s start with the trial. Talking Points Memo and the New York Times have introduced us to 93-year-old Viviette Applewhite and 60-year-old Wilola Shinholster Lee. Applewhite has never had a driver’s license, lost her Social Security card when her purse was stolen, and can’t easily get a new one because she has changed her name twice to marry. Lee—who was born in Georgia but has lived in Pennsylvania since she was 5 years old—lost her birth certificate in a house fire and she can’t get another one. (According to the state of Georgia, her original birth certificate was lost in a fire there, too.) Thanks to smart P.R. by the ACLU and the Public Interest Law Center of Philadelphia, which represent the plaintiffs, you canread or see these women and other affected voters. Read More

The Voting News Daily: State systems for overseas voters vulnerable, Securing democracy with stats, spreadsheets, and 10-sided dice

National: State systems for overseas voters vulnerable | USAToday.com

States trying to make it easier for troops overseas to vote have set up voting systems that are vulnerable to hacking when they allow voters to return ballots online, via e-mail, or Internet fax, says a state-by-state report to be released today. The report, Counting Votes 2012, by the Verified Voting Foundation and Common Cause Education Fund, says all states should require overseas ballots to be mailed because even faxed ballots can’t be independently audited. “They’re trying to do a calculus and make it easy for the voter, and they may not realize the great risk they’re putting those votes at,” says Pam Smith of the Verified Voting Foundation, a group that advocates accuracy and verifiability of election returns. The report also rates states on their ability to accurately count votes, and it warns that progress away from paperless voting — which leaves nothing to recount in a dispute — has been halted by the lagging economy. Read More

Blogs: Saving throw: securing democracy with stats, spreadsheets, and 10-sided dice | Ars Technica

Armed with a set of 10-sided dice (we’ll get to those in a moment), an online Web tool, and a stack of hundreds of ballots, University of California-Berkeley statistics professor Philip Stark spent last Friday unleashing both science and technology upon a recent California election. He wanted to answer a very simple question—had the vote counting produced the proper result?—and he had developed a stats-based system to find out. On June 2, 6,573 citizens went to the polls in Napa County and cast primary ballots for supervisor of the 2nd District in one of California’s most famous wine-producing regions, on the northern edge of the San Francisco Bay Area. The three candidates—Juliana Inman, Mark van Gorder, and Mark Luce—would all have liked to come in first, but they really didn’t want to be third. That’s because only the two top vote-getters in the primary would proceed to the runoff election in November; number three was out. Napa County officials announced the official results a few days later: Luce, the incumbent, took in 2,806 votes, van Gorder got 1,911 votes, and Inman received 1,856 votes—a difference between second and third place of just 55 votes. Given the close result, even a small number of counting errors could have swung the election. Vote counting can go wrong in any number of ways, and even the auditing processes designed to ensure the integrity of close races can be a mess (did someone say “hanging, dimpled, or pregnant chads”?). Measuring human intent at the ballot box can be tricky. To take just one example, in California, many ballots are cast by completing an arrow, which is then optically read. While voters are instructed to fully complete the thickness of the arrow, in practice some only draw a line. The vote tabulation system used by counties sometimes do not always count those as votes. So Napa County invited Philip Stark to look more closely at their results.

The Voting News Daily: How a great-great-granny could settle the voter ID issue, Lawyers raking in cash as campaign spending hits records

National: How a great-great-granny could settle the voter ID issue | Yahoo! News

State laws requiring identification cards for voters have raised big issues that will carry into fall election season, as three key rulings are expected at the same time the presidential election heats up. And in one case that has Supreme Court ramifications, it might be a great-great-grandmother’s testimony that could settle the voter ID issue in a key swing state. Viviette Applewhite, 93, is the lead plaintiff in the ACLU’s lawsuit in Pennsylvania, in a case that could have long-term implications for stricter voter ID laws. Currently, there are pitched battles in Minnesota, Pennsylvania, and Texas over photo IDs as a requirement to vote. The issue will get a lot of attention as state court rulings are issued later this summer in Minnesota and Pennsylvania. The Texas case was heard by the District of Columbia federal appeals court and a ruling there is also expected by Labor Day. Read More

National: Lawyers Raking in Cash as Campaign Spending Hits Records | Bloomberg

Every four years, a new mix of politicians assembles to compete for the opportunity to run for president. While the candidates’ names and faces change, the lawyers stay the same. Attorney Michael Toner began his presidential-campaign legal career in 1996 working for Republican nominee Bob Dole. He worked for George W. Bush in 2000. In 2008, his first client was former Tennessee Senator Fred Thompson before signing with party nominee Arizona Senator John McCain. Democrat Bob Bauer worked for former New Jersey Senator Bill Bradley’s presidential campaign in 2000, his law partner represented Massachusetts Senator John Kerry in 2004, and Bauer landed then-Senator Barack Obama of Illinois in 2008. Republican Ben Ginsberg cut his teeth in 1996 working for then-California Governor Pete Wilson’s White House run before joining Bush in 2000 and 2004. Four years later, he landed a new client, former Massachusetts Governor Mitt Romney, and he’s still representing him today. Read More

The Voting News Daily: Tech Startups Making Millions Off the Presidential Race, Voter ID Laws Bring Challenges in Several State

National: Tech Startups Making Millions Off the Presidential Race | Bloomberg

Four years ago, Michael Beach was toiling inside the Republican National Committee, overseeing a voter-turnout operation that was overrun by President Barack Obama’s technology-driven grassroots army. After the election, he and another former RNC aide, then both 28 years old, set out to start a high-tech political consulting company that is now an expanding 50-person operation with offices in Virginia and Boston. One recent morning, 14 job candidates filed into his fourth-floor office in Alexandria, Virginia, where a wiffle ball net is stowed in the lobby and a pirate flag hangs in the conference room. How many might he hire? “Fourteen, if we like them all,” he said. The rapid expansion of Targeted Victory showcases the rise of a new professional, political class: a core group of young technology experts who are shunning traditional campaign titles, starting companies and making millions off the most expensive presidential campaign in history. They are cutting a path similar to the one etched by television ad makers in the 1980s, with a dose of Silicon Valley and the dot-com boom’s edginess. Read More

National: Voter ID Laws Bring Challenges in Several States | Wall Street Journal

Across the country, legal challenges are mounting to voter identification laws in several states, and the outcome of the November election could be hanging in the balance. A lawsuit is underway in Pennsylvania, where voters are challenging the state’s strict ID requirement; the state of Texas is suing the Obama administration over its move to block a voter ID law; a judge in Wisconsin barred enforcement of a voter ID rule this week; and in Florida, officials sued for access to a federal database of noncitizens in hopes of purging them from voter rolls, according to the New York Times. Read More

The Voting News Daily: Voting Rights Act Section 5 challenges reach Supreme Court, The voter ID mess subverts an American birthright

National: Voting Rights Act Section 5 challenges reach Supreme Court | SCOTUSblog

Attorneys for challengers to the constitutionality of the 1965 voting rights law’s key provision for federal regulation of state and local election laws urged the Supreme Court on Friday to settle the issue in the next Term, starting October 1.  One new case arrived from the town of Kinston in North Carolina and a second came from Shelby County in Alabama. The D.C. Circuit Court has upheld the provision at issue — Section 5 — although the Supreme Court itself three years ago raised significant questions about its validity. The Kinston case reached the Court this morning. The petition is here, and the appendix (a large file) is here.  The Shelby County case was filed in early afternoon; the petition ishere, and the D.C. Circuit Court ruling in that case is here. Not only has the time come to examine the constitutional questions the Court has raised, the Kinston petition argued, but the Justice Department’s “overzealous manner” of enforcement of Section 5 has put heavy new burdens on state and local governments covered by that provision. The Shelby County petition argued that the renewed law puts states into “federal receivership,” raising “fundamental questions of state sovereignty,” while denying equality only to designated states – predominantly in the South. Shelby County also assailed the Justice Department’s “needlessly aggressive exercise” of its veto powers over state and local election laws. Read More

Editorials: The voter ID mess subverts an American birthright | Charlie Crist/The Washington Post

For better or worse, the central principle behind the unlimited contributions to super PACs that will dominate this election cycle is simple: Money is speech, and we cannot limit speech. Yet many who hold this freedom as an article of faith are all too willing to limit an equally precious form of speech: voting. If we don’t speak out against these abuses, we may soon learn the hard way the danger of that double standard. And a dozen years after the 2000 recount that went all the way to the U.S. Supreme Court, my state of Florida threatens to be ground zero one more time. As Florida’s attorney general from 2003 to 2007, I strongly enforced the laws against illegal voting. When swift action was necessary, I took it without hesitation. I did so out of respect for our democracy — voting is a precious right reserved only for U.S. citizens — but I’m concerned that zealots overreacting to contrived threats of voter fraud by significantly narrowing the voting pool are doing so with brazen disrespect and disregard for our greatest traditions. Read More

The Voting News Daily: Super PAC donors may keep opening wallets, but public may not see it, Tougher Voter ID Laws Set Off Court Battles

National: Super PAC donors may keep opening wallets, but public may not see it | CNN

When the super PAC backing Mitt Romney, Restore Our Future, files its June donation report on Friday with the Federal Election Commission, it is expected to show a six-figure contribution from Wyoming businessman Foster Friess, his first to the group. But an unwelcome scrutiny came to Friess, Nevada billionaire Sheldon Adelson and some of the other wealthy donors to these super PACs, and some are planning for much of their future generosity to be behind a cloak of anonymity. Friess said he has decided his financial donations in the future will mostly be to groups that do not have to disclose their donors. He said he is planning on contributing to five or six so-called 501(c)(4) groups named after the section of the tax code they are organized under. These are nonprofit organizations that can advocate on behalf of social welfare causes or to further the community. He refused to discuss which groups, but did say one recipient could be an affiliate of American Crossroads, the group founded by Karl Rove. Read More

Editorials: Tougher Voter ID Laws Set Off Court Battles | NYTimes.com

Four years ago as Viviette Applewhite, now 93, was making her way through her local Acme supermarket, her pocketbook hanging from her shoulder, a thief sliced the bag from its straps. A former hotel housekeeper, Ms. Applewhite, who never had a driver’s license, was suddenly without a Social Security card. Adopted and twice married, she had several name changes over the years, so obtaining new documents was complicated. As a result, with Pennsylvania now requiring a state-approved form of photo identification to vote, Ms. Applewhite, a supporter of President Obama, may be forced to sit out November’s election for the first time in decades. Incensed, and spurred on by liberal groups, Ms. Applewhite and others like her are suing the state in a closely watched case, one of a number of voter-identification suits across the country that could affect the participation of millions of voters in the presidential election. Read More

The Voting News Daily: States praised, others faulted, for policies toward military voters, Research shows Voter ID laws a burden on poor, black Americans

National: States praised, others faulted, for policies toward military voters | KansasCity.com

With both a tradition of helping service members get their votes counted as well as a tight turnaround between its primary and general elections this year, Washington state officials decided to move up its primary date a few weeks, from late August to early August. The Military Voters Protection Project, a nonpartisan advocacy group, cited that schedule adjustment as an impressive effort to help ensure that the ballots of those serving in war zones are counted, and on Tuesday named Washington among 15 states that make extraordinary efforts to enfranchise military voters. The group noted state efforts to register service members to vote, to meet obligations to get absentee ballots out at least 45 days before elections, and legislative efforts to make good practices into law. The project says that less than 20 percent of 2.5 million military voters were able to request and return their absentee ballots in 2008 elections, and that in 2010 only 5 percent of military voters were able to successfully vote by absentee ballot. Those states making the list of 15 “all-stars” include Alaska, Florida, North Carolina, Texas and Washington. Eric Eversole, executive director of the military voter project, identified the states doing the worst job at helping military voters as Alabama, California, Illinois, New York and Wisconsin. Read More

National: Voter ID laws a burden on poor, black Americans, research shows | guardian.co.uk

The cornerstone of the Declaration of Independence – that all men are created equal – is being undermined by a rash of restrictive laws that force US citizens to endure long journeys, eccentric opening hours and hidden costs before they can vote, a new study finds. The research, by the Brennan Center for Justice within New York University, finds that almost 500,000 eligible voters are being required to travel more than 10 miles to a government office – even though they have no car. More than 1 million eligible voters below the federal poverty line are now expected to pay costs of up to $25 before they can vote. The report looks at the impact of voter ID laws that have been introduced since 2011 in 10 states that require US citizens to obtain a government-issued photo identification card before they can cast their ballot. Proponents of the new laws claim they are needed to combat fraud and that they impose no burden on citizens because ID cards can easily be obtained free of charge. But the Brennan Center report gives the lie to that claim, exposing the many different ways in which hundreds of thousands of Americans will find it harder to vote. The burden falls particularly harshly on poor and black communities where transport and public services are limited. Read More

The Voting News Daily: How Much Has Citizens United Changed the Political Game?, For Political Closure, We Need Disclosure

Editorials: How Much Has Citizens United Changed the Political Game? | Matt Bai/ NYTimes.com

“A hundred million dollars is nothing,” the venture capitalist Andy Rappaport told me back in the summer of 2004. This was at a moment when wealthy liberals like George Soros and Peter Lewis were looking to influence national politics by financing their own voter-turnout machine and TV ads and by creating an investment fund for start-ups. Rappaport’s statement struck me as an expression of supreme hubris. In American politics at that time, $100 million really meant something. Eight years later, of course, his pronouncement seems quaint. Conservative groups alone, including a super PAC led by Karl Rove and another group backed by the brothers Charles and David Koch, will likely spend more than a billion dollars trying to take down Barack Obama by the time November rolls around. The reason for this exponential leap in political spending, if you talk to most Democrats or read most news reports, comes down to two words: Citizens United. The term is shorthand for a Supreme Court decision that gave corporations much of the same right to political speech as individuals have, thus removing virtually any restriction on corporate money in politics. The oft-repeated narrative of 2012 goes like this: Citizens United unleashed a torrent of money from businesses and the multimillionaires who run them, and as a result we are now seeing the corporate takeover of American politics. Read More

Editorials: For Political Closure, We Need Disclosure | Warren Rudman & Chuck Hegel/ NYTimes.com

Since the beginning of the current election cycle, extremely wealthy individuals, corporations and trade unions — all of them determined to influence who is in the White House next year — have spent more than $160 million (excluding party expenditures). That’s an incredible amount of money. To put it in perspective, at this point in 2008, about $36 million had been spent on independent expenditures (independent meaning independent of a candidate’s campaign). In all of 2008, in fact, only $156 million was spent this way. In other words, we’ve already surpassed 2008, and it’s July. In the near term, there’s nothing we can do to reverse this dramatic increase in independent expenditures. Yet what really alarms us about this situation is that we can’t find out who is behind these blatant attempts to control the outcome of our elections. We are inundated with extraordinarily negative advertising on television every evening and have no way to know who is paying for it and what their agenda might be. In fact, it’s conceivable that we have created such a glaring loophole in our election process that foreign interests could directly influence the outcome of our elections. And we might not even know it had happened until after the election, if at all. Read More

The Voting News Daily: Senate Republicans block Democratic bill to require disclosure of large political donors, Suppressing the vote, state by state

National: Senate Republicans block Democratic bill to require disclosure of large political donors | The Washington Post

Senate Republicans blocked Democratic-backed legislation requiring organizations pouring hundreds of millions of dollars into campaign ads to disclose their top donors and the amounts they spend. GOP opposition prevented Democrats from getting the 60 votes needed to bring what is known as the Disclose Act to the Senate floor. The vote was 51-44. Democrats revived the act during a presidential election campaign in which political action committees and nonprofit organizations, funded by deep-pocketed and largely anonymous contributors, are dominating the airwaves with largely negative political ads. Another version of the Disclose Act passed the then-Democratic-controlled House in 2010 but was similarly blocked by Republicans in the Senate. Republicans cite First Amendment rights and say the bill favors unions in opposing the legislation. Read More

Editorials: Suppressing the vote, state by state | latimes.com

Twelve years after disputes about hanging chads and butterfly ballots cast doubt on the credibility of the outcome of a presidential election, the integrity of the election process again has become a partisan issue. If the race between President Obama and Mitt Romney is a close one, look for the losing side to blame the outcome on either fraud or voter suppression. At this point the latter looks to be the bigger problem. Precipitating this debate is a spate of new state laws requiring photo IDs at polling places. Not content to mount legal challenges to such controversial laws, Atty. Gen. Eric H. Holder Jr. has taken to the hustings to denounce them, arguing that they disproportionately suppress the votes of minorities, the poor and the elderly. Departing from his prepared remarks in a speech to the NAACP last week, Holder compared photo ID requirements to the notorious poll taxes of the Jim Crow era, which were used to prevent blacks from voting until they were finally abolished in federal elections by the 24th Amendment. Republicans who have been the principal advocates of photo ID laws insist that they are simply trying to prevent election fraud. Read More

The Voting News Daily: States Constrict Voting Rights In Advance of November Elections, Beginning of the end for ‘prison-based gerrymandering’

National: States Constrict Voting Rights In Advance of November Elections | The International

A nationwide discourse over numerous proposed and enacted changes to state voting laws has reached a new level of fervor in the United States. State legislative sessions in 2011 and 2012 have resulted in 180 different bills that restrict some aspect of state voting laws. Types of legislation introduced have varied from new demands for voter identification to tighter restrictions regarding voter registration periods and processes, as well as a shortening of time frames for casting early ballots ahead of election days. The majority of this activity has occurred in Southern and Midwest states, the bulk of which are controlled by Republican legislatures and governors whose ostensible premise is to increase protection against electoral fraud. Citing the findings of New York University’s Brennan Center for Justice’s Voting Law Changes in 2012 report, Democrats have criticized the wave of legislation as deliberating placing restrictions on youth, minority, elderly and poor voters. The report argues that voting will become significantly more burdensome for five million eligible voters than it was in 2008 elections. The main source of debate has revolved around the questions over an increased burden on voters in the November elections, and whether it will contribute to a marked decrease in electoral fraud. Read More

Editorials: Beginning of the end for ‘prison-based gerrymandering’ | The Washington Post

Sandwiched between its controversial immigration, campaign finance and health-care rulings last month, the Supreme Court issued a little-noticed decision in a Maryland case that gave the green light to states to eliminate the repugnant practice of “prison-based gerrymandering.” States are now unquestionably free to correct for an ancient flaw in the U.S. Census that counts incarcerated people as residents not of their homes but of the places where their prisons are located. When the prison population was small, the problem was little more than statistical trivia. Today, however, the census counts more than 2 million people as though they were residents of places where they have no community ties. Read More

Editorials: New voter ID laws carry a political agenda | The Boston Globe

Mike Turzai, the Pennsylvania House majority leader, is honest if nothing else. His exact statement to a crowd of state Republicans — that the new voter ID law “is going to allow Governor Romney to win the state of Pennsylvania” — was the most truthful accounting of why the party is pushing for allegedly more stringent voting rules across the nation. This is not about voter fraud, a claim that has never been substantiated, but about politics. Pennsylvania’s new rules will require a government photo ID to be able to vote, which disproportionately burdens those without cars: the poor, elderly, and minority voters who trend Democratic. Students without drivers’ licenses will also be stuck. Read More

Blogs: Conservative Judge Richard Posner Bashes Supreme Court’s Citizens United Ruling | The Daily Beast

The American political system is marked by legal corruption in which “wealthy people essential bribe legislators” with campaign contributions, according to one of the nation’s most influential federal judges. 

The Voting News Daily: Texas Voter ID trial: closing arguments, Judges Seem Ready To Mess With Texas

National: Texas Voter ID trial: closing arguments | Dallas Morning News

A 3-judge panel will now decide whether to let Texas implement its controversial voter ID law. In closing arguments at federal court, a lawyer for the state, John Hughes, insisted that even if non-white Texans lack an acceptable photo ID under the law, the “ultimate question” for the judges to consider is whether that disparity translates into people being turned away from the polls. The requirement enacted by the Legislature in May 2011, Hughes argued, “deters almost no one,” and even people eligible to vote in Texas who lack one of the acceptable forms of photo ID – a drivers license, concealed gun permit, passport, or citizenship card – should be able to easily obtain an alternative voter ID card provided for by the law. “People who want to vote already have an ID or can easily obtain it,” he insisted repeatedly. He noted that the Justice Department – which refused to let the state implement the law, prompting the state to turn to the federal courts – claims that 1.5 million Texas voters lack an acceptable photo ID. “If that were remotely true, the courtroom would be filled with such people,” he said, citing survey evidence that black and Hispanic Texas voters say they have ID in rough proportion to whites. The judges seemed deeply skeptical. “The record does tell us that there is a substantial number of registered voters that lack photo ID,” said U.S. Circuit Court Judge David Tatel. And District Court Judge Robert Wilkins noted that there was uncontested evidence that some Texans would have to travel 120 miles one way to the nearest state office where they could obtain a voter ID card – and that federal court rules bar subpoenas for anyone more than 100 miles from a courthouse on grounds that would be “unduly burdensome.” Read More

Blogs: Judges Seem Ready To Mess With Texas’ Voter ID Law | TPM

A panel of three federal judges in D.C. posed skeptical questions on Friday about Texas’ voter ID law during closing arguments in a trial about whether the measure is discriminatory. The panel of federal judges — George W. Bush appointee Rosemary M. Collyer, Clinton appointee David S. Tatel and Obama appointee Robert L. Wilkins — hopes to issue a ruling on the case in “quick order,” according to Collyer, who expressed doubts about the findings of Texas’ experts in the case. John Hughes, a lawyer for Texas, argued in his closing arguments that people who want to vote already have an ID or can easily get it. Hughes argued that if the state’s voter ID law really disenfranchised anyone the D.C. “courtroom would be filled” with Texans who couldn’t obtain voter ID. In one of the more awkward exchanges, Hughes offered a semi-defense of literacy tests after one judge said that the reason literacy tests were racist years ago was because of inequalities in the education system. The judge asked if it was Texas’ theory that there would be a problem with literacy tests today.

The Voting News Daily: Texas’s Road To Victory in Its Decades-Long Fight Against Voting Rights, Biden takes on voting rights issues at NAACP convention

Editorials: Texas’s Road To Victory in Its Decades-Long Fight Against Voting Rights | The Nation

Earlier this week, Attorney General Eric Holder declared in his address to the NAACP national convention in Houston what many voting rights advocates had been saying for months: that the photo voter ID law passed in Texas is a poll tax. Determining whether voter ID laws are as unconstitutional as poll taxes won’t be up to him, though. That honor goes to the US Supreme Court justices who lately have been signaling they may be ready to gut the 1965 Voting Rights Act. What this means is that a legal challenge to a voter ID law in Texas could be the trigger for the demise of the constitutional act that made it possible for people of color to vote in much of the country. Right-wing pundits have all but conceded this week’s US District Court hearing over Texas’s voter ID law to the Department of Justice. There’s agreement on the left and the right that Texas didn’t do a good enough job proving that the law has no discriminatory purpose nor effect. Experts have testified that almost 1.4 million Texans could be disenfranchised due to lacking ID. The state’s argument wasn’t helped by Texas state Senator Tommy Williams, an author of the voter ID law, who said, “I think people who live in west Texas are accustomed to driving long distances for routine tasks,” when confronted with the fact that the closest DMV for some low-income Texans could be dozens of miles away. Read More

National: Biden takes on voting rights issues at NAACP convention | CNN

Vice President Joe Biden delivered a rousing address to the NAACP in Houston on Thursday, bolstering support for President Barack Obama and drawing sharp contrasts with the Republican Party on civil rights issues. On the heels of recent voter identification disputes, Biden strayed from his typical campaign speech to zero in on voting rights, arguing that Republicans were making it more difficult for certain group to vote. By implementing laws requiring voters to present official identification at the voting booth, Biden said, the GOP sees “a different future, where voting is made harder, not easier.” Read More

The Voting News Daily: Debate intensifies over state election laws, Hoyer launches voting rights application

National: Debate intensifies over state election laws | USAToday.com

Four months away from a presidential election still considered a tossup, new battles are brewing over state election laws. A federal court in Washington began hearing arguments this week on whether a voter ID law in Texas discriminates against Hispanic voters. Michigan Republican Gov. Rick Snyder vetoed a bill last week that would have required voters to show identification before casting absentee ballots. The Justice Department rejected South Carolina’s voter ID law for the second time, saying it could disproportionately affect black voters. The state sued earlier this year. A federal court has scheduled oral arguments for Sept. 24, just 43 days before the election. A judge ruled in June that Wisconsin’s voter ID law violates the state constitution. An appeal is likely. Attorney General Eric Holder is promising an aggressive effort to safeguard voting rights. Read More

National: Rep. Hoyer launches voting rights application | The Hill

Democratic Whip Steny Hoyer (Md.) this week is unveiling his next step in the battle over voting rights in the form of a pop-up Web application that informs people where to vote and how to register. Hoyer and Rep. Robert Brady (D-Pa.), the ranking Democrat on the House Administration Committee, sent a letter to colleagues dated Monday to introduce the new application and encourage members to use it, specifically recommending sharing it through social media. The letter urges that it is the “responsibility” of elected leaders to help inform constituents about the democratic process. “In the last year, we have witnessed a nationwide assault on American citizens’ constitutionally-guaranteed right to vote,” they wrote. “Aside from the unnecessary, expensive, and ineffective new Voter ID laws, we have also seen targeted purges of eligible, registered voters from state rolls. Little has been done to educate the public about these actions. As a result, there are thousands of eligible voters at risk of being turned away from the polls while attempting to make choices about their federal representation.” Read More

The Voting News Daily: Has SCOTUS OK’d campaign dirty tricks?, List of 180,000 suspect Florida voters to be made public

Editorials: Has SCOTUS OK’d campaign dirty tricks? | Richard L. Hasen/Politico.com

An obscure procedural order issued the day after the Supreme Court’s decision to uphold President Barack Obama’s health care law got lost in the saturated media coverage of the health ruling and the palace intrigue over whether Chief Justice John Roberts switched his vote and alienated his conservative colleagues. Without comment or dissent, the justices declined to hear Minnesota’s appeal of a federal appeals court ruling in 281 Care Committee v. Arneson — holding that Minnesota’s law banning false campaign speech about ballot measures is likely unconstitutional under the First Amendment. The result could be even nastier campaigns and more political dirty tricks. Minnesota had asked the Supreme Court to hold its petition until the court decided United States v. Alvarez, the so-called “Stolen Valor” case. The court decided Alvarez the same day as health care, striking down as a free speech violation a federal law making it a crime to falsely claim to be a recipient of the Congressional Medal of Honor. Alvarez casts considerable doubt over when, if ever, states can take actions to combat false campaign statements and campaign dirty tricks — including lying about the location of a polling place or the voting date. The court could have used the 281 Care Committee case to clear up the muddle next term. But it just denied the petition. Without new clarity, I expect anyone charged with making election-related lies to raise a First Amendment defense. Which they just may win. Read More

Florida: List of 180,000 suspect Florida voters to be made public | Naked Politics

After weeks of declining to make it public, Gov. Rick Scott’s administration now says it will release a much larger list of more than 180,000 voters in Florida whose citizenship status is in question. Secretary of State Ken Detzner said two weeks ago that he would seek an advisory opinion from Attorney General Pam Bondi as to whether the database was public record under Florida law — a political hot potato if ever there was one. Detzner did not request the opinion, and his spokesman, Chris Cate, says: “Our conclusion is that the set of 180,000 names is a public record. We are in the process of redacting it now so that it can be provided to everyone who has made a public records request.” Read More

The Voting News Daily: Texas case puts voter ID laws to test, No ID? The Marginal Cost Of Voting

National: Texas case puts voter ID laws to test | The Washington Post

Voter ID laws face a high-profile test this week as the U.S. District Court in Washington, DC hears arguments about Texas’ controversial new regulations. The case pits Texas against Attorney General Eric Holder, who has earned the ire of Republicans across the country for challenging new voting restrictions. Republicans say the Justice Department should be more concerned about fraud; the DOJ counters that these laws suppress minority turnout. Gov. Rick Perry (R) signed Texas’ voter ID law in May 2011. The state already required an ID to vote; the new law requires a photo ID. Those who don’t have a valid photo ID can apply for a new “election identification certificate.” As a state with a history of voter discrimination, Texas must get preclearance from the Department of Justice for changes in election law. The DOJ blocked Texas’ law under Section 5 of the 1965 Voting Rights Act, declaring that it would disproportionately affect Hispanic voters. Read More

Blogs: No ID? The Marginal Cost Of Voting In Pennsylvania | The Faculty Lounge

In my recent post about the new PA voter ID law, I noted that a very, very significant number of registered voters – up to 18% of all registered voters in Philadelphia (home to half of the state’s African-American population) – may not currently possess an identification card that will allow them to vote in November. Supporters of these laws argue that requiring people to get an ID is a small price to pay in order to prevent voter fraud.  It seems worth figuring out what the actual supplemental cost of voting is for those who currently lack required ID. I therefore present may totally back-of-the-envelope calculation of the poll-tax assessed by PA’s voter ID law.  I use the working assumption that time is worth 7.25/hour.  This is a fiction if the preparation time does not actually displace paid labor, but does allow us to monetize the cost of voting to be allocated to ID acquisition.  I assume that photocopies cost .15 per page and that all mailings can be done for .45 first class postage.  I also assume that this is all occuring in Philadelphia County, where there is public transportation to help you get to one of the five DMV locations in the county.  In other counties, a person without a driver may have to spend even more to get cab service.  Of course, some people will be able to get a ride – but given gas prices (and the cost of parking in cities), it seems unlikely that the effective cost of such travel will be less than the SEPTA public transit fare of $2 each way.   More elaborate details on my calculations appear at the bottom of the post.  And yes: I recognize that some people miss work, school or other activities in order to vote.  I assume, however, that this cost is borne by all voters. Read More

The Voting News Daily: Texas to test 1965 voting rights law in U.S. court, Meet the hanging chad of 2012 – absentee ballots

National: Texas to test 1965 voting rights law in U.S. court | Reuters

The Voting Rights Act – a cherished safeguard for minority voters since 1965 – has been under siege for two years and this week faces one of its toughest test on an apparent path to the U.S. Supreme Court. Twenty-five hours of argument, starting on Monday and spread over five days, will help the judges of the U.S. District Court for the District of Columbia decide whether Texas can require voters to present a photo identification at the polls. Formulated at a time of racial turmoil, the Voting Rights Act passed 77-19 in the U.S. Senate and 333-85 in the House of Representatives. The votes transcended party lines to protect black voters of all political ideals. Ever since, it has served as the U.S. government’s chief check on the fairness of election rules imposed by local governments. While it passed with bipartisan support more than 45 years ago, a shift in political preferences along racial lines has turned the landmark piece of civil rights era legislation into a highly charged political issue. In the 1960s, Democrats held a monopoly of voters in the Southern states. But since then, most white Southern voters have shifted allegiances to the Republican Party, while black and Hispanic voters moved further toward the left. Read More

Editorials: Meet the hanging chad of 2012 – absentee ballots | NY Daily News

At this point in a closely fought presidential campaign, pundits and pollsters are checking their guts and sifting through data to try to predict November’s winner. Those of us who specialize in election law engage in a more heart-wrenching task: attempting to make an educated guess about the likelihood that one or another election irregularity will lead to a Bush v. Gore-style meltdown. My candidate for the honor of the next potential chad to dangle: absentee ballots. Competition for this year’s biggest potential ballot box nightmare is pretty stiff. We can expect the rise in voter identification laws to lead to some confusion at the polls. This confusion may arise both from the voters who face unfamiliar barriers to entry and from untrained poll workers who must enforce sometimes arcane, novel laws on the fly. This will probably lead to a large number of provisional ballots — the kind a poll worker gives you when they can’t find your name on the rolls. The legality of these would be determined in a post-election recount, if one comes to pass. But the silent, creeping revolution in the timing and method of voting presents bigger opportunities for trouble. In recent years, absentee and mail-in ballots have been steadily rising as a share of total ballots cast. The majority of states now allow “no-excuse absentee” voting, meaning anyone can ask to cast a ballot by mail. You don’t need the political equivalent of a doctor’s note, as was true previously. Read More

The Voting News Daily: Broken Ballots, Supreme Court expected to hear Shelby County’s challenge to the Voting Rights Act

National: Book review: Broken Ballots | ZDNet UK

Few people — the security expert Rebecca Mercuri being the notable exception — thought much about the mechanics of voting before the Bush-versus-Gore presidential election in 2000. A few weeks of watching diligent poll workers holding up ballots to look for hanging chads changed all that. The timing — coincidental with both the rise of the internet and the dot-com bust — suddenly put voting technology on everyone’s agenda. … A number of earlier books have examined computer-based voting and concluded that it’s a supremely bad idea. Primarily, these have focused on explaining the basic security issues and the contemporary context for the popular market. In Broken Ballots: Will Your Vote Count?, Douglas W. Jones, a computer scientist at the University of Iowa, and Barbara Simons, a retired IBM research scientist and former president of the Association for Computing Machinery, have written the book that’s really needed: a comprehensive historical and technical account of just why it’s dangerous to place the control of our democracy in the hands of a few technology vendors. It doesn’t make for exactly light reading, and it’s definitely a US-centric account, but as a worked example of the interactions among technology, policy and security it can’t be beaten. Read More

National: US Supreme Court expected to hear Shelby County’s challenge to the Voting Rights Act | al.com

The U.S. Supreme Court ended its term with a flurry of decisions in cases with strong Alabama connections, and there are signs that trend will continue this fall as Shelby County prepares to send the justices its challenge to the Voting Rights Act in the next few weeks. The Shelby County case has been a contender for Supreme Court review ever since it was filed two years ago, and the likelihood has increased as other similar voting cases have slowed down and Shelby County’s has speeded up. It’s had two hearings in federal court and two decisions, both of which upheld the constitutionality of key sections of the Voting Rights Act. The Supreme Court is the next and last stop for the county, which is trying to dismantle the 47-year-old law that puts elections in all or part of 16 states under strict federal supervision. “We are proceeding with our plan to file a petition with the Supreme Court,” said Shelby County’s attorney, Frank “Butch” Ellis of Columbiana. Read More

The Voting News Daily: A Crack in the GOP’s Support for Voter-ID Laws, UFO sightings are 3,615 times more common than instances of voter fraud

Editorials: A Crack in the GOP’s Support for Voter-ID Laws | The American Prospect

There’s little question what the political calculus behind voter-ID laws is. Advocates argue that the laws, which require government photo identification to vote, are necessary to prevent voter fraud—despite there being virtually no evidence that such fraud is a problem. In practice, the laws will disproportionately have an impact on poor people and those of color, two Democratic-leaning groups that are less likely to have such IDs. Predictably, Republicans have been pushing for these laws, while Democrats generally oppose them. That is, until earlier this week, when Michigan Governor Rick Snyder shot down his own party and vetoed a state voter-ID law. He also vetoed laws that would have made it harder to conduct voter-registration drives and to confirm U.S. citizenship for voters. All three—pushed by Republican Secretary of State Ruth Johnson and sponsored by Republican lawmakers—would likely have dampened turnout, particularly among disadvantaged communities. Read More

Editorials: UFO sightings are 3,615 times more common than instances of voter fraud | msnbc

Reported UFO sightings happen far more than voter fraud, Mother Jones reports. Republicans legislatures are quick to legislate against supposedly rampant voter fraud, but a new report finds that UFO sightings are far more likely than actual voter fraud.  3,615 times more likely, to be exact. “Voter laws are a solution to a problem that doesn’t exist,” PoliticsNation host Al Sharpton said on Thursday. In 2000 to 2010, just 13 cases of credible, in-person voter fraud were found in the 649 million votes cast in general elections, but the legislative efforts to curb the supposed fraud are huge: in the last ten years, nearly 1,000 bills have been introduced in 46 different states to tighten voting laws. 24 voting restrictions have passed in 17 states in the last year and a half and five important battleground states—Florida, Iowa, Ohio, Pennsylvania, and Wisconsin—will have tighter voter restrictions than they did in 2008. Read More

The Voting News Daily: Will ID laws lower college student vote?, Public Benefit from Online Voter Registration?

National: Will ID laws lower college student vote? | KansasCity.com

It’s a group that can score respectably on the SAT, find its way to classes most days and survive most midterms. But, the young campus crowd is often new to independence and to record-keeping. So how will college students do at democracy? Tougher voter identification laws, some advocacy groups contend, might present new challenges for thousands of college students who want to cast ballots this fall. “There are more obstacles (for student voters),” said Jon Sherman, an attorney with the Atlanta-based Voting Rights Project of the American Civil Liberties Union. “For a demographic that sometimes struggles to get out to the polls, it’s much more challenging.” The size of that challenge will vary from state to state this year. In Tennessee, for example, voters must present a photo ID to vote, but student IDs aren’t considered valid for that purpose. A Texas law — now facing a legal challenge — allows use of a concealed weapons permit as a voter ID, but not a student ID card. Read More

Blogs: Public Benefit from Online Voter Registration? | TrustTheVote

The Voting News Daily: Stealthy Super PACs Influenced Primaries Without Disclosing Donors, Report Says Anchorage Election Botched by Mismanagement, Cost-Cutting

Blogs: Stealthy Super PACs Influenced Primaries Without Disclosing Donors | OpenSecrets

The Spirit of Democracy America super PAC, which registered with the Federal Election Commission on May 14, has no website. Money, however, was not a problem. The super PAC reported spending more than $160,000 supporting Republican Rep. Paul Cook with a series of media buys during his tightly contested primary campaign in California’s 8th congressional district — a total that accounted for 64 percent of all the outside spending in the race. The source of the funds that fueled Spirit’s expenditures in that race, though, is still unknown. Thanks to a particular quirk in FEC reporting rules, the group was able to run ads in the run-up to the California primary without disclosing its donors. When voters went to the polls June 5 and sent Cook on to the general election ballot, they did so without knowing where a heavy hitting super PAC came up with the money it used to try to influence their votes.  The office of Spirit’s treasurer, Thomas Hiltachk — a partner at a law firm with which the group shares an address — did not respond to requests for comment.   And Spirit of Democracy America is not alone. It and eight other super PACs that collectively spent nearly $1.3 million in recent primaries disclosed just $37,318 in 2012 cycle contributions prior to the time votes were cast, according to a Center for Responsive Politics analysis. Read More

Alaska: Report: Anchorage Election Botched by Mismanagement, Cost-Cutting | Alaska Dispatch

Hands-off management, cost cutting and inexperienced staff — not politics or intentional efforts to influence outcome — were primarily responsible for Anchorage’s embarrassing April municipal election. That’s according to a nine-page report by a former Alaska Superior Court judge hired by Anchorage Assembly Chairman Ernie Hall to investigate what led to ballot shortages at nearly half the city’s polling places, with some residents turned away, unable to cast a vote. The April election, which included votes for mayor and a contentious initiative to add sexual orientation to the city’s equal-rights protections, turned out to be one with higher turnout than expected or planned for by the Municipal Clerk’s office. Anchorage Mayor Dan Sullivan handily won re-election in the vote. Sullivan took his second oath of of office Monday via Skype from Hawaii, where he was vacationing with his family, according to a statement from his office. Proposition 5, which would have made it illegal to discriminate against Anchorage residents because of sexual preference or gender identity, failed. Read More

The Voting News Daily: Pentagon Reverses Course on American Voters Living Abroad, Corporate Contribution Ban Upheld

National: Pentagon Reverses Course on American Voters Living Abroad | NYTimes.com

Responding to the vocal concerns of American expatriates, the Pentagon agency responsible for overseas voting has agreed not to enforce a requirement for voters requesting absentee ballots to state categorically that they either intend to stay abroad indefinitely or not. In a separate development, the U.S. Internal Revenue Service said that it would make it easier for American citizens abroad who have not been filing tax returns — some from ignorance of new requirements — to meet their legal obligations if they owe little or no taxes. Expatriate groups applauded both developments. They had been fighting the ballot requirement, saying its black-or-white language could put overseas Americans in an untenable position and might dissuade some from voting. The groups have also complained about tough — and they say sometimes unfair — new I.R.S. enforcement of tax laws for those living abroad. Susan Dzieduszycka-Suinat, who heads the nonpartisan Overseas Vote Foundation, called the Pentagon’s decision “a huge win for overseas citizens” and praised the agency for responding to voters’ concerns. Read More

Blogs: Corporate Contribution Ban Upheld | Brennan Center for Justice

Amid the excitement over last week’s health care decision, the Fourth Circuit’s major campaign finance decision in a case called United States v. Danielczyk received relatively little attention. However, Danielczyk is a crucially important case, affirming the constitutionality of a longstanding federal law banning corporations from giving campaign donations directly to candidates. The opinion overturned a flawed lower court decision — and limited the reach of Citizens United. The federal ban on corporate contributions, now located in the Bipartisan Campaign Finance Reform Act, has been in force since Congress passed the Tillman Act in 1907. For more than a century, it has been one of the core protections against corruption in our democracy. Read More

Blogs: The Current Electoral College is Like the World Series (Which is Why We Need to Change It) | FairVote.org

Defending the current structure of the Electoral College is a difficult task. The winner-take-all method–in which states allocate all their electoral votes to whichever presidential candidate carries the state–is still used by the vast majority of states today. Its apologists, struggling to make this outdated and unfair system appealing to Americans, have tried to make it seem quintessentially American by comparing it to the most quintessentially American thing possible: baseball’s World Series. This analogy, introduced by MIT researcher Alan Natapoff in the 1990s and widely circulated after the controversial presidential election of 2000, is still commonly cited today as a defense of a winner-take-all Electoral College. It should not be. If anything, comparing these two American institutions perfectly illustrates we why we need to get rid of the winner-take-all Electoral College rules and establish a fairer system of electing the president based on a national popular vote. The basic argument goes like this. The World Series is divided into seven games. The winner of the World Series is the team that wins four out of the seven games, not the team that scores the most aggregate runs over the course of the series.

The Voting News Daily: Colorado officials answer election suit, Florida working to settle voter registration suit

Colorado: Officials answer election suit | Pueblo Chieftain

Election officials in Chaffee County and five other counties contend a citizen group suing the officials is trying to create a nonexistent illusion of harm about access to public records. County Clerk and Recorder Joyce Reno and her counterparts in the other counties contend Citizen Center overstated the scope of a court order that restricts requests from the group’s members to view records. The advocacy group, based in Aspen, claimed earlier this month the order violates its right to view records kept by the election officials. Read More

Florida: State working to settle voter registration suit | Daily Record

The state and the opponents of a suspended voter registration law are moving toward a settlement in a lawsuit over the new rules, both sides said Thursday, even as a group of voters is trying to brush aside the state’s legal strategy and pursue an appeal. In a brief scheduling conference Thursday with U.S. District Court Judge Robert Hinkle, who struck down new regulations on third-party voter registration organizations at the end of last month, an attorney for the groups said the two sides were close to striking a deal. “We expect to get something on file with the court shortly memorializing the agreement,” said Farrah Berse, a lawyer representing opponents who had sued to block the law. In an interview later on Thursday, Secretary of State Ken Detzner confirmed that both sides are trying to avoid a longer legal battle over the voter law, passed by the Legislature last year. “I’m optimistic that we’ll probably get a good result and there won’t be an appeal,” Detzner said. “That’s not final, but we’re optimistic.” Read More

The Voting News Daily: Arizona Proof of Citizenship Requirement Struck Down, Some truth about voter ID rules

Blogs: Arizona Proof of Citizenship Requirement Struck Down | Brennan Center for Justice

Yesterday was a big news day. We learned of the long-awaited health care decision and the historic contempt finding of Attorney General Eric Holder by the House of Representatives. But less attention was paid to the Supreme Court’s decision to vacate Justice Kennedy’s temporary stay of a 9th Circuit decision overturning Arizona’s law requiring proof of citizenship to register to vote. This means that for the November 2012 election voters in the Grand Canyon State will be able to register without first having to produce additional documentary proof of their citizenship beyond what is currently required on the federal voter registration card. Read More

Editorials: Some truth about voter ID rules | Philadelphia Inquirer

In the ongoing controversy over Pennsylvania’s move to require voter identification at the polls starting in November, a Republican leader’s moment of campaign swagger has given opponents new ammunition. State House Majority Leader Mike Turzai of Allegheny County last weekend stood before a political gathering in Hershey, ticking off victories for the Republican-run state legislature and Gov. Corbett. Voter ID, said Turzai, “is going to allow Gov. Romney to win the state of Pennsylvania.” Big surprise, said his political foes. State Sen. Daylin Leach (D., Montgomery) said Turzai’s comments confirmed what Democrats have suspected all along: that voter ID is “part of a national effort by the Republican Party to pass laws disenfranchising large numbers of voters who tend to vote Democratic.” Read More

The Voting News Daily: U.S. Vote Foundation web tool makes absentee voting easier, Company Campaign Funds Ban Survives Citizens United Test

National: U.S. Vote Foundation web tool makes absentee voting easier | electionlineWeekly

With more and more people choosing alternative methods to casting their ballot than at a polling place on election day — the U.S. Election Assistance Commission estimated that 23.7 million voted absentee in 2008 — making sure voters have access to what they need to do so has become a top priority. This month, the U.S. Vote Foundation (US Vote) launched an online absentee ballot tool that allows U.S. voters anywhere in the world to download and complete a state-specific absentee ballot request. “We created this tool so that anyone who wishes to vote can be assisted – whether it be a traveling executive, a working parent, a home-bound person, or a college student away from home,” said US Vote President and CEO Susan Dzieduszycka-Suinat. “The point of our services is access.  We want to make sure all Americans are equipped with the tools they need to vote, from the polling place to the kitchen table.” Read More

National: Company Campaign Funds Ban Survives Citizens United Test | Bloomberg

The U.S. Supreme Court decision giving corporations the same rights as people to spend money independently to support political campaigns didn’t overturn a century-old ban on direct corporate donations to candidates, a federal court ruled. A three-judge appeals panel in Richmond, Virginia, made its ruling today in reinstating a criminal campaign-finance charge against two fundraisers for Hillary Clinton’s presidential bid who were indicted for improperly reimbursing $186,600 to donors. Read More

The Voting News Daily: Tens of thousands of service members’ votes not counted, Florida moves to block voter-registration group

National: Tens of thousands of service members’ votes not counted | TheState.com

Tens of thousands of military service members attempting to vote by absentee ballot in recent years haven’t had their votes counted because of various problems with the system, according to authorities that track voter participation. The Military Voter Protection Project, an organization founded by a Navy Reserve member who previously was a Justice Department lawyer, is promoting efforts to ensure that the votes of all military members are counted. “The problem has always existed, given the high degree of mobility of our fighting forces,” said Eric Eversole, founder and executive director of the Military Voter Protection Project, a nonprofit organization based in Washington, D.C. But the issue is a bigger concern during a presidential election year with a military force totaling more than 3 million, including active-duty and reserve forces. Read More

Florida: State moves to block voter-registration group | MiamiHerald.com

State officials are considering ways to stop a Washington nonprofit from sending any more registration forms to voters. By their own estimate, officials with a Washington nonprofit have registered 200,000 voters in Florida the past eight years. This year, the same group, the Voter Participation Center, has mailed another 420,000 registration forms to residents hoping to enlist more. But state officials are considering ways to stop the center from sending any more registration forms, which the state calls confusing. “We have contacted the organization, expressed our very serious concern that they are misleading voters, offered to provide them the complaints sent to the department about their mailings, and asked that they make a concerted effort to improve their lists so that only eligible voters who aren’t registered are being contacted,” Chris Cate, a spokesman for the Secretary of State’s office said in an email to the Times. The objections come as the state has made other moves to block greater access to the ballot box. Read More

The Voting News Daily: Montana Ruling Could Fuel Campaign to Amend Constitution, After winning right to spend, political groups fight for secrecy

National: Montana Ruling Could Fuel Campaign to Amend Constitution | Roll Call

The Supreme Court’s Monday ruling to strike Montana’s ban on corporate campaign spending opens a new chapter in the political money wars, fueling an improbable but increasingly vocal movement to amend the Constitution. “This Supreme Court ruling could be a watershed in terms of the court aligning itself with the interests of big corporations,” said Jamie Raskin, a Maryland state Senator and law professor at American University’s Washington College of Law. “And the constitutional amendment strategy will be a way to plant the flag and rally people for a different vision of the Constitution and the country.” More than a dozen Members of Congress have proposed various constitutional amendments in the wake of the Supreme Court’s Citizens United v. Federal Election Commission ruling to deregulate corporate and union political spending. Some declare that corporations are not people; others empower Congress and the states to restrict campaign spending and contributions. Read More

Editorials: After winning right to spend, political groups fight for secrecy | KansasCity.com

During their long campaign to loosen rules on campaign money, conservatives argued that there was a simpler way to prevent corruption: transparency. Get rid of limits on contributions and spending, they said, but make sure voters know where the money is coming from. Today, with those fundraising restrictions largely removed, many conservatives have changed their tune. They now say disclosure could be an enemy of free speech. High-profile donors could face bullying and harassment from liberals out to “muzzle” their opponents, Sen. Minority Leader Mitch McConnell, R-Ky., said in a recent speech. Corporations could be subject to boycotts and pickets, warned the Wall Street Journal editorial page this spring. Democrats “want to intimidate people into not giving to these conservative efforts,” said Republican strategist Karl Rove on Fox News. “I think it’s shameful.” Rove helped found American Crossroads, a “super PAC,” and Crossroads GPS, a nonprofit group that does not reveal its donors. “Disclosure is the one area where (conservatives) haven’t won,” said Richard Briffault, an election law professor at Columbia Law School. “This is the next frontier for them.” Read More