The Voting News Daily: Sunshine for the Super PAC, Aaron Schock and the FEC

National: Sunshine for the Super PAC: The DISCLOSE Act Would Eliminate Anonymous Donors | Georgetown Public Policy Review

Last month, Senator Sheldon Whitehouse (D-R.I.) introduced an updated version of the DISCLOSE Act, legislation aimed at improving transparency in campaign-related spending. Senator Whitehouse’s attention is certainly warranted. Right now, corporations and labor unions can unload their treasuries into independent expenditures.  Super PACs and traditional PACs are operating under the same roof.  The relevant regulatory body, the Federal Election Commission (FEC), can’t decide if a candidate filming an advertisement specifically for a DNC TV spot qualifies as coordinating with the DNC.  In short, campaign finance is a mess. Oddly enough, the revised edition of the Democracy is Strengthened by Casting Light on Elections (DISCLOSE) Act would not change any of that. Yet, by addressing one critical issue, the DISCLOSE Act has the potential to be the most important piece of legislation debated by Congress in 2012. Read More

National: Aaron Schock and the FEC: A Case Study of the Super PAC Era | National Journal

Here’s yet another consequence of the confusing super PAC era: House Majority Leader Eric Cantor, R-Va., may have irritated members of his conference by donating to an anti-incumbent super PAC before the Illinois primary, but Rep. Aaron Schock, R-Ill., could have violated campaign finance rules when he solicited Cantor’s donation. Last week, Roll Call reported that Cantor donated $25,000 to the Campaign for Primary Accountability as a way of supporting freshman Rep. Adam Kinzinger, R-Ill, against fellow Republican Rep. Don Manzullo in a member-versus-member primary in the state’s 16th District (The group ultimately spent over $220,000 against Manzullo). According to both Cantor’s camp and Schock himself, Cantor cut the check at Schock’s request. Read More

The Voting News Daily: No Easy Solutions for Big Money in Politics, County Officials Still Wield Great Influence Over Elections

Editorials: No Easy Solutions for Big Money in Politics | chicagotribune.com

Citizens United and super PACs have had an ugly effect on this election, but they may be the evil of two lessers. Big money is having a powerfully different effect on this year’s national election campaign. We’ve seen it in the extraordinary oscillations of the Republican primaries, largely brought about by millions of dollars of television attack ads, financed not by the opposing campaigns so much as by groups outside the parties that can say whatever they want without the candidates or the parties being called to account. These are the super PACs, political action committees on steroids. Their muscle–and some think their menace–comes from two federal court rulings in 2010, notably the Supreme Court’s decision in Citizens United,that allow them to raise as much as they can from anyone and spend as much as they like, provided–and it was regarded as a key proviso–that they are independent. For a super PAC to make contributions directly to parties or candidates, or do anything in collusion with candidates, is illegal. Read More

Blogs: Rock, Paper, Local: County Officials Still Wield Great Influence Over Elections | Election Academy

Lately, the news has been full of debates and discussions about the impact on election administration of decisions made by federal and state government. These are, to be sure, important questions but two recent stories have reinforced the enduring power of local government – and in particular, local election officials. In Waukesha County, Wisconsin, embattled county clerk Kathy Nickolaus (who figured prominently in last fall’s hotly-contested campaign for the state Supreme Court) agreed to relinquish her election dutiesafter encountering difficulties with tallying the returns from the state’s April 3 primary. Read More

The Voting News Daily: How the Wage Gap Thwarts Women’s Political Agenda, Ballot Shortages and Denial of Service Attacks in “Meat Space”

Editorials: How the Wage Gap Thwarts Women’s Political Agenda | Forbes

The gender gap in voting is the latest hot topic after a USA Today poll showed Obama leading women voters over Romney by 18 points in key swing states. But there’s another gender gap when it comes to election season, and this one doesn’t work in women’s favor: women are being completely outspent by men in campaign contributions. This isn’t a new trend. While women have been slowly working on increasing our numbers in Congress – even though our representation is far, far from equal – there hasn’t been equal progress in women donating to Congressional candidates, the Center for Responsive Politics reports. Campaign contributions have long been a boy’s club, although women made advances when both Clintons made their runs. But this year’s political contributions are a different animal now that Super PACs have been emboldened by the Citizens United ruling. There are currently 407 Super PACs, and they have received over $150 million and spend over $85 million, making them a serious force in the race. Yet women only make up 14 percent of Super PAC donors, according to an analysis of Federal Election Commission data by the Houston Chronicle. That number is down from previous years, in which it was more than doubled. Read More

Blogs: Anchorage’s Ballot Shortages and Denial of Service Attacks in “Meat Space” | Election Academy

Recently, I wrote about the denial of service (DoS) attack on a Canadian party’s leadership election. In that post, I discussed election officials’ (and their vendors’) responsibility for hardening their systems against such attacks. Moreover, I said said this responsibility exists whether the attack comes electronically or in the real world (aka “meat space” in the words of a programmer friend). Last Tuesday, municipal elections in Anchorage were somewhat chaotic – with ballot shortages across the city and many voters turned away from the polls. The problems appear to have been caused in part by an opponent of an equal-rights proposition who used email and Facebook to urge voters to the polls. Unfortunately, those appeals included incorrect information; namely, that voters could register at the polls and do so outside their home precincts. Alaska does not have election day registration, but rather requires voters to register 30 days before an election. The result was frustration as many voters visited numerous polling places in hopes – for some, in vain – of finding a ballot. The city clerk is investigating the problems and is weighing whether or not they could have been serious enough to invalidate the election. Read More

The Voting News Daily: Internet Voting Is Years Away, And Maybe Always Will Be, FEC Ruling Leaves Ad Uncertainty

National: Internet Voting Is Years Away, And Maybe Always Will Be | TechPinions

In today’s New York Times Magazine, political writer Matt Bai grumbles in a short piece about his inability to vote online in an era where nearly everything else can be done over the Internet. “The best argument against Internet voting,” he writes, “is that it stacks the system against old and poor people who can’t afford or use computers, but the same could be said about cars.” That, he argues, is a problem that could easily be solved by the electronic equivalent of giving people rides to a polling place. If only it were so simple. Voting, alas, has unique characteristics that make internet implementations all but impossible given current technology. The big problem is that we make two demands of it that cannot be met simultaneously. We want voting to be very, very secure. And we want it to be very, very anonymous. Read More

National: FEC Ruling Leaves Ad Uncertainty | Roll Call

A court ruling rejecting Federal Election Commission disclosure requirements as too lax has left political players unsure how much they need to report about the financing of issue ads, making the agency a battleground in the dispute over secret money in 2012. The March 30 ruling by U.S. District Court Judge Amy Berman Jackson orders the FEC to rewrite disclosure rules drafted after enactment of the 2002 McCain-Feingold campaign finance law that the court deemed inadequate. Few expect the six-member agency to comply promptly with the order. Divided evenly between Republicans and Democrats, the FEC is notorious for partisan deadlocks. It hasn’t yet mustered a quorum to weigh new regulations arising from the Supreme Court’s 2010 ruling in Citizens United v. FEC, though it did say it would no longer enforce restrictions that kept labor unions and corporations from making political expenditures. Read More

The Voting News Daily: Imagine no campaign donations – It’s easy if you try, Big money men buy a voice in American politics

Blogs: Imagine no campaign donations. It’s easy if you try. | Enik Rising

Imagine, for a moment, that you didn’t need to raise money to run for office, that the government would pay you to run. Who would that help? Would it encourage more moderate candidates, who are usually pressured out of nomination contests by party money because they don’t stand for anything? Or would it enable the extremists, whom are normally de-funded due to concerns about their toxic views? Well, we actually don’t need to imagine. Arizona and Maine had just such a system in place for state legislative elections during the last decade. So Michael Miller and I collected roll call votes from those states and compared those who first got elected through “clean” funding with those who achieved offices through traditional funding methods. We report the results in our new paper “Buying Extremists,” which we’re presenting next week at the meeting of the Midwest Political Science Association. Read More

National: The big money men buy a voice in American politics | The Age

The video begins like this: wispy clouds drift over the great American outdoors. Cranes build an office block. Trucks roar down the highway. “Capitalism made America great,” says a gravelly voice. “The free market. Hard work. The building blocks of the American dream.” A family walks through a wheat field, where the Stars and Stripes waves briskly. “But in the wrong hands, those dreams can turn into nightmares.” And storm clouds gather over the wheat field. The attack ad goes on to paint Republican presidential candidate Mitt Romney as a corporate raider of the worst ilk, making his millions through stripping assets and staff from honest American businesses. It was exquisitely timed to upset Romney, as rival Republican Newt Gingrich accelerated his run towards his South Carolina primary win on January 21. But Gingrich’s name was not mentioned, nor did he endorse the ad (or later accept responsibility for its errors and exaggerations). It was paid for by a group called Winning Our Future. Read More

The Voting News Daily: Voter ID laws spark heated debate before U.S. election, Why Isn’t Voter Suppression A Protest Cause?

National: Voter ID laws spark heated debate before U.S. election | Reuters

Liberal activists on Wednesday criticized new voter registration requirements in dozens of states, saying millions of people could be deterred from voting in the November U.S. presidential election – a claim their opponents disputed. The Center for American Progress issued a report that said new barriers to voting have been enacted by conservative state legislatures with the aim of disenfranchising voters from among certain groups such as low-income voters, minorities and college students. Those constituencies have tended to favor Democrats. “The right to vote is under attack all across our country,” the group said in a report that launched the latest salvo in the growing war of racially tinged rhetoric over new voter ID requirements. Read More

Editorials: Why Isn’t Voter Suppression A Protest Cause? | The New Republic

This week brought another major report on all the efforts in state capitals, almost all Republican-led, to restrict voting rights via new limits on voter registration, early voting, proof of residency and voter identification, all in the name of countering the phantom menace of voter fraud. In a conference call to announce the report, which was produced by the Center for American Progress, Rep. James Clyburn, the South Carolina Democrat, noted that the new rules had led several groups to stop registering voters in that most crucial of swing states, Florida, for fear of running afoul of the law: “To see the League of Women Voters walking away from voter registration activities in the state of Florida because to do so makes it almost inevitable that they will be brought before a court of law and charged with crimes — that is not the America so many of us started, back in our pre-teenaged years, working to make possible.” This prompted me to wonder again, as I did when I first heard about the decision by the registration groups to abandon Florida, why there hasn’t been more visible pushback against the new restrictions. Back in the 1950s and ’60s, after all, people risked imprisonment and worse to protest on behalf of voting rights and civil rights. Why is the threat of penalties under an obviously unjust law now enough to discourage groups from challenging them outright? Read More

The Voting News Daily: Attorneys General urge Congress to check corporate spending on elections, Super PACs can be thwarted, even with ‘Citizens United’

National: Attorneys General urge Congress to check corporate spending on elections | SouthCoastToday.com

Concerned about unlimited contributions by corporations for political advertising, Attorney General Martha Coakley has submitted a formal letter to Congress urging an amendment to the U.S. Constitution to reverse the U.S. Supreme Court decision in Citizens United v. Federal Election Commission. The letter sent today to Congressional leadership was signed by AG Coakley and 10 other state Attorneys General. Read More

Editorials: Super PACs can be thwarted, even with ‘Citizens United’ | The Washington Post

Here is the only good news about the super PACs flooding the 2012 presidential race with negative ads funded by huge contributions from the super rich: These vehicles for corruption can be eliminated. Congress can pass legislation to end these candidate-specific super PACs that is well within the bounds of Citizens United. The Supreme Court’s decision in the 2010 case Citizens United v. Federal Election Commission paved the way for the creation of super PACs — federally registered political action committees that raise unlimited contributions and use these funds to make expenditures in federal elections. To legally spend these funds, the court said, outside groups must operate independently of the candidates they are supporting. The 2012 presidential campaign has brought us a particularly virulent form of these groups: the candidate-specific super PAC. If not made illegal, they will spread to congressional races as well. Read More

The Voting News Daily: A Judge Turns on the Light on Campaign Finance, When is Democracy not a Democracy?

Editorials: A Judge Turns on the Light on Campaign Finance | NYTimes.com

A federal judge took an important step toward ending secret donations to big-spending political groups, striking down regulations that permitted some groups to hide their donors. Unfortunately, the ruling probably came too late to flush this corrupting practice from this year’s elections — though there is still time for Congress to do so. The secret-donor problem began in 2007 when the Supreme Court, in the Wisconsin Right to Life case, ended restrictions on corporate and union political spending by advocacy groups in the weeks prior to an election. A few weeks later, the Federal Election Commission, naïvely suggesting that some corporate donors to those groups might not have intended to give for political purposes, said that only those donations explicitly earmarked for political purposes had to be disclosed. The loophole was obvious: Just don’t declare any donation to be political, and they can all be secret. Read More

Editorials: Voting in America: When is Democracy not a Democracy? | Al Jazeera

Democracy. That buzzword we hear over and over again coming from powerful quarters in the US to help explain interventions across the globe, from Iraq to Central America. But while many in the world are familiar with the buzzword, few may realise that a fight over democracy is being waged on American soil as we speak, and it comes in the form of challenging brand new voting laws. Here’s a little background: In 2010 the Republican Party swept to power at the state level across the US. Today they control the senate and the House of Representatives in 25 states, and have a significant presence in a number of other state level legislatures. They’ve been using that newly acquired power to pass laws that clamp down on what they say is rampant voter fraud. To date, at least 30 new laws and bills have been introduced to change the rules of the voting game, like for example requiring voters to have a government-issued photo ID to cast their ballot. Since embarking on this story, I have had a number of people ask me “what’s the big deal with wanting people to present a photo ID when they vote?” On the surface, nothing. Read More

The Voting News Daily: Internet voting not ready for elections, says DHS official, Super PACs on rise, but not with women

National: Internet voting not ready for elections, says DHS official | FierceGovernmentIT

Unresolved technological problems means Internet voting should not yet be deployed to U.S. elections, a Homeland Security Department cybersecurity official told a conference of election officials and watchdogs. “It’s definitely premature to deploy Internet voting in real elections,” said Bruce McConnell, a senior cybersecurity counselor, speaking before the Election Verification Network conference in Santa Fe, N.M. on March 29. “The security infrastructure around Internet voting is both immature and under-resourced,” McConnell told the audience, citing National Institute of Standards and Technology internal reports that summarize technical research on particular subjects. NISTIR 7770 (.pdf), which addresses security considerations of remote electronic voting, states that “achieving a very strict notion of ballot secrecy remains a challenging issue in remote electronic voting systems,’” McConnell noted. Read More

Editorials: Super PACs on rise, but not with women | Houston Chronicle

For the past two decades, the amount of political money raised by women – and donated by women – has been steadily increasing. But this year, the trend has collided with a new reality in American politics: the Super PAC. The meteoric rise of the big-dollar political committees in the 2012 campaign has reversed some of the gains made by women since 1992, the so-called “Year of the Woman” in U.S. elections. According to Federal Election Commission data, women make up only 14 percent of Super PAC donors – groups now outspending the presidential candidates’ campaigns. That’s less than half the previous levels. Overall, women, who make up slightly more than half the population, account for about one-third of contributions to candidates, parties and political action committees, according to the Center for Responsive Politics, a nonprofit nonpartisan research group. Read More

The Voting News Daily: DHS official says online voting invites cybersecurity risks, There’s no democratic quick fix

National: DHS official says online voting invites cybersecurity risks | CNET News

As the 2012 presidential election revs up, 33 states now permit some form of Internet ballot casting. However, a senior cybersecurity adviser at the U.S. Department of Homeland Security warned today that online voting programs make the country’s election process vulnerable to cyberattacks. “It is premature to deploy Internet voting in real elections at this time,” DHS cybersecurity adviser Bruce McConnell said at a meeting of the Election Verification Network, which is a group that works to ensure every vote is counted. He explained that all voting systems are susceptible to attacks and bringing in Internet voting invites added risk. Right now, 33 states allow completed ballots to be sent via the Web, typically through e-mail and efax. The main voting contingent that uses this cyber-feature are people in the military and those living overseas. Read More

Editorials: There’s no democratic quick fix | Ottawa Citizen

As Canadians focus on cases of possible election fraud with the unfolding “robocalls” scandal, some people have suggested that Internet voting might be one way of stopping unscrupulous political activists from sending voters to non-existent polling stations. In fact, Internet voting is likely to increase, rather than decrease, electoral fraud. Since online voting requires passwords, there would be nothing to stop eligible voters from giving or selling their passwords to others. A few charismatic members of a community organization, or of a partisan political association, or of a family might then be able to control the votes of numerous citizens. Read More

The Voting News Daily: Federal judge rules Federal Election Commission overstepped authority in shielding ad donors, Suppress the Vote!

National: Federal judge rules Federal Election Commission overstepped authority in shielding ad donors | The Washington Post

The Federal Election Commission overstepped its bounds in allowing groups that fund certain election ads to keep their financiers anonymous, a federal judge ruled Friday. U.S. District Judge Amy Berman Jackson’s ruling could pave the way to requiring groups that spend money on electioneering communications — ads that don’t expressly advocate for or against a candidate running for federal office — to disclose their donors. The FEC ruled in 2007 that corporations and nonprofits did not have to reveal the identities of those who financed such ads. That regulation came in response to a Supreme Court ruling that gave more latitude to nonprofit groups — like the Karl Rove-backed Crossroads GPS and the President Barack Obama-leaning Priorities USA — on pre-election ads. Campaign-finance regulations have received new scrutiny this election cycle, following a handful of federal court rulings that stripped away long-established limits on how much individuals and organizations may contribute to groups favoring certain candidates. Read More

Editorials: Suppress the Vote! | NYTimes.com

The grip of the super PAC on the Republican primary season has been well-documented. They are wrecking balls operating outside the candidates’ direct control, fueled by massive influxes of cash from a handful of wealthy patrons. The millions spent by the pro-Santorum Red, White and Blue Fund and the pro-Gingrich super PAC, Winning Our Future, have prolonged their respective candidates’ rivalry with the front-runner, Mitt Romney, whose own Restore Our Future has bludgeoned the competition from Iowa to Florida to Michigan. And that’s just the start. In the general election, super PACs will evolve into full-blown shadow campaigns. This transition is already underway, with the super PACs supporting Republican candidates beginning to take on voter persuasion operations — like sending direct mail and making phone calls — that have traditionally been reserved for a campaign operation or party committee. Read More

The Voting News Daily: Online Voting ‘Premature’ Warns Government Cybersecurity Expert, Santorum: ‘The Only Reason You Don’t Have A Voter ID Is You Want To Continue To Perpetrate Fraud’

Warnings about the dangers of Internet voting have been growing as the 2012 election nears, and an especially noteworthy one came Thursday from a top cybersecurity official at the U.S. Department of Homeland Security. Bruce McConnell told a group of election officials, academics and advocacy groups meeting in Santa Fe, N.M., that he believes, “it’s premature to deploy Internet voting in real elections at this time.” McConnell said voting systems are vulnerable and, “when you connect them to the Internet that vulnerability increases.” He called security around Internet voting “immature and under-resourced.” McConnell’s comments echo those of a number of computer scientists who say there’s no way to protect votes cast over the Internet from outside manipulation. But right now a growing number of states are allowing overseas and military voters to return their marked ballots by digital fax or email, which experts say raises the same threat. It’s part of a recent push to make voting easier for millions of Americans overseas, who often are prevented from voting because of slow ballot delivery and missed deadlines. Read More

To Rick Santorum, the more than 23 million American voters who don’t have a government-issued photo ID aren’t potential victims of disenfranchisement. The presidential hopeful uses a different name: perpetrators of fraud. ThinkProgress spoke with the Republican presidential hopeful about voter ID laws — which require that citizens present a certain form of photo identification or they are barred from voting — during a campaign stop in Milwaukee last weekend. Santorum said that he supports such laws because, as he states it, “the only reason you don’t have a voter ID is you want to continue to perpetrate fraud.” He went on to dismiss the notion that anyone might not have access to a voter ID, saying that “it’s not a problem.” Santorum’s claim falls somewhere in the murky world between audacity and lunacy. More than one in ten Americans lack a government-issued photo ID. These people are not committing voter fraud — indeed, voter fraud is rarer than getting struck by lightning — they are potentially having their right to vote stripped away. Santorum appears to have confused the disenfranchisees with the disenfranchisers. Read More

The Voting News Daily: The Comeback of Campaign Finance, Campaign Spending Shows Political Ties, Self-Dealing

Ten years after they celebrated the enactment of their sweeping ban on unregulated campaign cash, Sen. John McCain (R-Ariz.) and former Sen. Russ Feingold (D-Wis.) have revived their assault on big money. The two are not plotting some grand new reform or launching a public relations tour — though they did tape a public radio segment together recently. But a decade after the McCain-Feingold law was signed by the president (March 27, 2002), the erstwhile allies are delivering a strikingly unified message: The campaign finance rules are in tatters, scandals will follow, and voters will once again demand reform. “Thanks to a naive and politically ignorant decision by the United States Supreme Court, obviously it has been largely dismantled,” McCain said in an interview about the law that he authored with Feingold. “And the consequences are manifesting themselves every day in what will someday be, sooner rather than later, a huge scandal.” Feingold struck a similar note. “We put a brick on top of a wall, and the brick is intact, but the wall was smashed by the Citizens United decision,” Feingold told Roll Call. “It has turned the election system into a joke.” Read More

For an example of the fluidity of campaign finance rules, as well as the tangled web of connections between candidates and super PACs, look no further than the digital consulting firm Targeted Victory. So far, the firm’s hauled in $4.1 million working for Mitt Romney’s presidential campaign and American Crossroads, the super PAC launched by GOP strategist Karl Rove. Just down the hall, its neighbors in Arlington, Va., include an office housing four other companies working for Romney, American Crossroads or the pro-Romney super PAC Restore Our Future. With the rise of super PACs, the jet-fueled political action committees that can take unlimited contributions, many campaign finance watchdogs have focused on the hundreds of millions of dollars being raised this presidential election cycle. But after the most recent campaign filings came in last week, ProPublica decided to track the other side of the equation: Where the money goes. Our analysis found that more than $306 million has been spent so far by major super PACs and the five leading presidential candidates. Read More

The Voting News Daily: John McCain predicts ‘huge scandals’ in super PAC-tainted election, Election Officials’ Responsibility for Handling Denial of Service Attacks

Sen. John McCain slammed the Supreme Court’s 2010 Citizens United decision as “incredibly naïve” on Tuesday, and predicted there would be “huge scandals” in its wake. The Arizona Republican was co-author with then-colleague Sen. Russ Feingold, D-Wis., of the last major attempt by government to reform campaign finance laws in 2002. He was participating in a panel discussion on the decision at the Newseum in Washington, D.C. The law prohibited corporations and unions from bankrolling issue ads that mention a candidate within the final weeks before an election. But under the contentious Citizens United ruling, corporations and unions were freed not only to fund issue ads that mention a candidate but to also make so-called “independent expenditures” that urge people to vote for or vote against candidates. Many worry this change will increase the potential for corruption and unseemly alliances between lawmakers and special interests. Read More

Over the weekend, Canada’s New Democrats (NDP) conducted a vote for a new leader. The vote was conducted online so that registered party members could vote both in person at the NDP convention site and remotely from home computers or smartphones. Sometime during the second round of voting, the system slowed considerably, and eventually it became known that the system had likely been the target of a “denial of service” (DoS) attack aimed at clogging the the system and thus preventing (or at least discouraging) voters from casting ballots. The NDP, its vendor and consultants have identified two IP addresses that appear to have been the source of the attack and are investigating now. The results of that investigation are still forthcoming, but in the meantime I wanted to focus on a discussion I saw online yesterday about whether and how NDP and its vendor should have prepared for the possibility of a DoS attack. Read More

The Voting News Daily: When Other Voices Are Drowned Out, Let’s Affirm The Right To Vote

The Supreme Court’s 5-to-4 ruling in Citizens United in 2010 was shaped by an extreme view of the First Amendment: money equals speech, and independent spending by wealthy organizations and individuals poses no problem to the political system. The court cavalierly dismissed worries that those with big bank accounts — and big megaphones — have an unfair advantage in exerting political power. It simply asserted that “the people have the ultimate influence over elected officials” — as if campaigns were not in the business of influencing and manipulating voters. The flood of money unleashed this election season is a direct consequence of this naïve, damaging view, which has allowed wealthy organizations and individuals to drown out other voices in the campaign. The decision created a controlling precedent for other legal decisions that made so-called super PACs the primary vehicles for unlimited spending from wealthy organizations and individuals. In theory, they operate independently of candidates. In reality, candidates are outsourcing their attack ads to PACs, so financing a PAC is equivalent to financing a campaign. Read More

The time has come for a national conversation about guaranteeing the right to vote—based on one’s legal eligibility, and not the form of ID in their wallet. On March 14, Pennsylvania became the eighth state to toughen voter ID requirements in the past year, following Alabama, Kansas, Rhode Island, South Carolina, Tennessee, Texas and Wisconsin. While these voter ID laws take many forms, the most restrictive require voters to obtain a government-issued photo ID to get a ballot on Election Day, which voting rights advocates say could deter several million people who lack birth certificates and other documentation from obtaining the ID and voting. To date, the conversation on voter ID has followed well-worn contours. Legislative advocates for these laws, almost all Republicans, claim that they uphold election “integrity” by curbing voter impersonation fraud. Opponents say the laws are policing a problem that barely exists and that current law enforcement aptly addresses. In addition, the laws intentionally place unfair requirements on specific demographic sectors that lean Democratic, which can ultimately lead to disenfranchisement. Read More

The Voting News Daily: Don’t Blame The Supreme Court For Citizens United, Software ‘shortcoming’ led to Wellington election fiasco

The two most controversial campaign financing practices of the post-Citizens United era aren’t actually the Supreme Court’s fault. The court’s conservative majority most certainly expected that its 2010 ruling, which granted First Amendment rights to corporations and equated money to speech, would unleash unprecedented amounts of political spending. But when people rail against Citizens United these days, they’re often complaining about two things in particular: the candidate-specific super PACs that implausibly claim to be independent of the candidates they’re backing, and the political slush funds that can accept unlimited secret donations by claiming to be issue-oriented nonprofits. Neither were inevitable byproducts of Citizens United — or a subsequent lower court ruling. They are things that could be fixed either legislatively, administratively, or both. But without a good shove, Congress, the Federal Election Commission and the Internal Revenue Service all appear unlikely to pursue solutions. Read More

The supplier of Palm Beach County’s voting and tabulating equipment says a software “shortcoming” led to votes being assigned to the wrong candidates and the elections office declaring the wrong winners in two recent Wellington council races. Ballots from the March 13 Wellington election were counted properly. But the results were matched to the wrong races. Council candidates Shauna Hostetler and Al Paglia were declared winners on election night, but an audit six days later showed John Greene and Matt Willhite had in fact gotten more votes. Read More

The Voting News Daily: Dominion Voting Systems releases statement taking the blame for Palm Beach County vote problem, Analyzing Minority Turnout After Voter ID

I had the pleasure of speaking with Kerry Miller of the Daily Circuit on Minnesota Public Radio on the subject of Voter ID laws. Minnesota currently has a proposed constitutional amendment moving through its legislature to impose strict photo ID restrictions on voters and possibly eliminate Election Day registration. I take great pride in the fact that my home state of Minnesota consistently has the highest turnout in the country, and I’m pained by this legislation that is sure to reduce opportunities for voter participation across the state. I want to correct a common misperception that came up during show, suggesting that voter turnout among Hispanic voters in Georgia has increased since the passage of its restrictive no-photo, no-vote photo ID law. Read More

The supplier of Palm Beach County’s voting and tabulating equipment says a software “shortcoming” led to votes being assigned to the wrong candidates and the elections office declaring the wrong winners in two recent Wellington council races. County Elections Supervisor Susan Bucher, who insisted a computer glitch rather than human error was to blame for the fiasco, claimed vindication after Dominion Voting Systems released its statement. Wellington and 15 other municipalities held elections on March 13. In Wellington, the ballot was set up with the mayor’s race first, the Seat 1 council race second and the Seat 4 council race third. Unbeknownst to elections officials, the vote totals for the mayor’s race ended up being reported and later certified as the results of the Seat 1 race. The Seat 1 vote totals were certified as the Seat 4 results and the Seat 4 vote totals were certified as the mayoral results. The problem wasn’t discovered until six days after the election, during a routine audit. The audit found no similar problems in the 15 other cities that held elections. The fact that the audit is conducted after winners are certified is a requirement of state law. Bucher said her office “will be working with the state to ask for the necessary law changes.” Read More

The Voting News Daily: Negative ads: Is it the campaigns, or the super PACs?, Foreign Corporations, Non-profits and the Holding of Citizens United

Obama campaign senior adviser David Axelrod this week blamed Illinois’ low primary turnout on the barrage of negative ads the GOP candidates have unleashed on each other. He was correct about the negativity of the 2012 campaign – but the candidates’ ads are only part of the picture. According to The Post’s Mad Money campaign ad tracker, the ads being aired by the super PACs supporting the GOP presidential candidates are far more negative than the ones being aired by the White House hopefuls themselves. All in all, an average of 77 percent of the ads run by the super PACs supporting the four GOP candidates have been negative. By comparison, an average of 54 percent of all ads aired by the four candidates’ campaigns have been negative ones. Read More

Days after Citizens United v. FEC was decided, President Obama famously said at his 2010 State of the Union address that he believed the decision would “open the floodgates for special interests – including foreign corporations – to spend without limits in our elections.”  There may be loopholes which allow foreign corporations to donate through American entities, but not only arecorporations generally not funding super PACs, the ban on money accepted directly from foreign corporations appears to be being followed.  Last month, Rick Santorum’s super PAC returned a $50,000 donation from such a corporation. The Internal Revenue Service has also said non-profit organizations under 501(c)(3) of the Internal Revenue Code (which applies to charitable organizations) are banned from contributing to super PACs.  (In contrast, non-profit social welfare organizations organized under Section 501(c)(4) of the Code may donate to political causes as long as that is not their main activity.  Professor Rick Hasen has more on 501(c) non-profit donations after Citizens United)  This ban from the IRS led to Mitt Romney’s super PACrefunding a $100,000 check from a 501(c)(3) charity. But here’s the important question from a legal standpoint: under the holding of Citizens United, should either of these bans be constitutional? Read More

The Voting News Daily: Big-bucks donations to super PACs keep the GOP race going, The GOP Assault on the Voting Rights Act

More than two-thirds of the money to super PACs aligned with presidential candidates came from megadonors who each contributed $500,000 or more, demonstrating how a handful of wealthy interests have helped turn the GOP presidential primary into the longest-running nomination fight in a generation. No group relied more heavily on a few super donors than the political committee backing former House speaker Newt Gingrich: 96% of contributions to the pro-Gingrich Winning Our Future came from this elite group, a USA TODAY analysis shows. More than $16 million flowed from a single source: Las Vegas casino titan Sheldon Adelson and his relatives. Restore Our Future, a super PAC aiding former Massachusetts governor Mitt Romney, relied on nearly 52% of its contributions from corporations or individuals who gave $500,000 or more, the lowest share of super donors among the candidate-aligned super PACs analyzed by USA TODAY. Read More

Last week the Department of Justice denied preclearance to Texas’s law requiring voters to present photo identification under Section 5 of the Voting Rights Act. Section 5 requires states and jurisdictions with a demonstrated history of passing discriminatory election laws to get approval from the DOJ for any change to laws governing the time, place or manner in which an election is conducted. Within days Texas filed a challenge in federal court arguing that Section 5 is unconstitutional. Texas Attorney General Greg Abbott maintains that the federal government exceeded its authority and violated the Tenth Amendment when it passed the measure. Conservative opponents of civil rights are eager to see that challenge succeed. Writing in National Review—which opposed the civil rights movement—vice chairman of the US Commission on Civil Rights and conservative scholar Abigail Thernstrom argues that Section 5 is outdated. National Review’s evolution on the subject is the standard conservative slither on civil rights. First you oppose it. Then, when society has evolved and you look like a bigot, you accept it. Then, as soon as humanly possible, you argue it was necessary at the time but no longer is. Read More

The Voting News Daily: Bad News for Nation’s Nonprofits, Big Money in Politics Makes U.S. Economy “Fundamentally Unsound”

In an election that until lately has been dominated by super PACs, politically active nonprofits are the new bad guys, drawing ethics complaints, letters to the IRS and legislative action. That is bad news for the nation’s 1.6 million nonprofits, which have much to lose as their sector gets dragged into political money controversies. For reform advocates, the problem with big-spending, secretive nonprofits is that they answer to no one and keep voters in the dark. But the worst damage inflicted by unrestricted, undisclosed campaign money could be on nonprofits themselves. “Charitable organizations depend on the confidence and trust of the public for support,” said Diana Aviv, president and CEO of Independent Sector, which represents the nonprofit and philanthropic community. Campaign spending by nonprofits, she added, could pose “a serious reputational risk” to the sector. Read More

The International Monetary Fund’s former chief economist recently described one of the world’s leading economies as fundamentally unsound because the political process is captured by financial firms. But he wasn’t talking about just any banana republic. He was talking about the U.S.A. In the article “Why Some Countries Go Bust”, Adam Davidson discusses a new book in which economist Daron Acemoglu argues that “the wealth of a country is most closely correlated with the degree to which the average person shares in the overall growth of its economy”. In other words, economic inequality is itself predictive of economic decline. The book includes historical studies showing how “fairly open and prosperous societies can revert to closed and impoverished autocracies.” Read More

The Voting News Daily: The Voting Wars Could Get Bloody, Could Corporations Take Tax Breaks on Political ‘Dark Money’?

The key electoral battle in 2012 might be less about who you cast a ballot for, than about whether you get to cast a ballot at all. Yes, the voting wars are heating up just in time for the 2012 elections. And between the Justice Department’s opposition to voter ID laws in two states and several other state and federal cases brought against such laws by various civil rights organizations, the battles are only just beginning. The Justice Department has already blocked restrictive voting laws in South Carolina, Florida and Texas, and state suits in response may see the Supreme Court take up a direct challenge to the constitutionality of the Voting Rights Act this year. Read More

The Supreme Court’s 2010 Citizens United decision opened the way for unlimited corporate spending on politics and has led to the proliferation of nonprofit political groups that do not have to disclose the identities of their donors. But corporations may be getting another benefit from anonymous donations to these groups: a break on their taxes. It all starts with the so-called social welfare groups that have become bigger players in the political world in the wake of Citizens United, which knocked down restrictions on campaign activity by such groups. Tax experts say it’s possible that businesses are using an aggressive interpretation of the law to wring a tax advantage out of their donations to these groups. It’s almost impossible to know whether that’s happening, partly because the groups — also known by their IRS designation as 501(c)(4)s — aren’t required to disclose their donors. (That’s why the contributions have been dubbed “dark money.”) Read More

The Voting News Daily: Post-Citizens United Money May Swamp Congressional Candidates, Broadcasters fight plan to post names of political ad buyers on Web

Political spending by deep-pocketed donors and cash-rich corporations threatens to sow chaos in this year’s congressional races, political consultants warn. A billionaire or corporation writing a check for $1 million — or even $10 million — isn’t enough to swing a presidential election. But when it comes to congressional campaigns, it could be plenty. “You can work for months and years to develop a fundraising advantage over your opponent of $2 million, $5 million or $10 million. And all that can be wiped out in seconds by a few people giving to a super PAC,” said Democratic pollster Mark Mellman.  While Republican and Democratic candidates are, in theory, equally susceptible to that kind of unlimited outside money, it’s the Democrats who sound much more alarmed.  “No one is safe, and everyone’s got to protect themselves,” said Democratic strategist Hank Sheinkopf. “Super PACs can strike at any time they want.” Read More

CBS and News Corp.’s Fox are among broadcasters fighting a plan to post names of campaign-ad buyers and purchase prices on the Web as record election spending raises concerns over anonymous political contributions. The information is maintained in desk drawers and filing cabinets at television stations, and the Federal Communications Commission wants to bring the data to a Web site the agency would run. The proposal would “impose significant new administrative burdens,” CBS and Fox stations told the agency Jan. 17 in comments joined by Comcast’s NBC stations and Walt Disney Co.’s ABC. The National Association of Broadcasters told the FCC recently that the agency lacks power to make the change. Read More

The Voting News Daily: 2012: Year Of The Caucus Meltdown, How Voter ID Laws Are Being Used to Disenfranchise Minorities and the Poor

With wild lead changes and candidates crashing spectacularly only to come back from the dead, nobody would call the GOP presidential race a smooth ride to the nomination. But it’s been almost as turbulent behind the scenes, where the actual process of coordinating and carrying out certain contests has hit snag after snag. Republicans around the country are struggling with an array of problems in states that use a caucus to determine their delegates this year, battling problems from low turnout to mysteriously missing votes. Caucuses, which require citizens to actively participate in a mini-convention with their neighbors in which supporters of each candidate make the case for their vote, are hailed by supporters as a way to energize the grassroots with a more involved approach than primaries. But they’re more time-consuming and complicated than simply dropping off a ballot, setting up more barriers to participation and creating more potential for things to go awry. Read More

First, let’s call it what it is. The burgeoning battles over state redistricting and voter ID laws — and the larger fight over a key part of the Voting Rights Act itself — are all cynical expressions of the concerns many conservatives (of both parties) have about the future of the American electorate. The Republican lawmakers who are leading the fight for the restrictive legislation say they are doing so in the name of stopping election fraud — and, really, who’s in favor of election fraud? But the larger purpose and effect of the laws is to disenfranchise Hispanic voters, other minorities, and the poor — most of whom, let’s also be clear, vote for Democrats. Jonathan Chait, in a smart recent New York magazine piece titled “2012 or Never,” offered some numbers supporting the theory. “Every year,” Chait wrote, “the nonwhite proportion of the electorate grows by about half a percentage point — meaning that in every presidential election, the minority share of the vote increases by 2 percent, a huge amount in a closely divided country.” This explains, for example, why Colorado, Nevada, and Arizona are turning purple instead of staying red. “By 2020,” Chait writes, “nonwhite voters should rise from a quarter of the 2008 electorate to one third. In 30 years, “nonwhites will outnumber whites.” Read More

The Voting News Daily: Federal voting program’s objective: Make itself obsolete, Does Americans Elect Really Have 400,000+ Identity-Verified Delegates?

Making sure such voters can cast ballots in federal elections is the mission of the Federal Voting Assistance Program (FVAP), a Defense Department office that offers assistance not just to military personnel, but to any U.S. citizen who needs help casting a ballot from overseas. It offers resources, including a wizard on its website that takes a voter through the entire process of registering to vote and casting a ballot in the appropriate jurisdiction. But Robert Carey, FVAP’s director, said his office’s assistance role to state and local governments is just as important. … Carey said 2009 was a watershed year in terms of election law changes designed to improve voter participation among servicemembers and overseas voters. Among other things, the Military and Overseas Voter Empowerment (MOVE) Act requires state and local elections officials to mail absentee ballots to servicemembers at least 45 days prior to an election in order to ensure a ballot can make its way to a remote location — and back to elections officials — in time to be counted. Read More

Yesterday, Americans Elect was out with a press release that included the following claim (emphasis mine):

Americans Elect delegates, which now total more than 400,000 and counting, can draft and support a presidential candidate of their choice and nominate a presidential ticket that will appear on general election ballots nationwide this November.

Is this true? Does Americans Elect really have more than 400,000 identity-verified delegates? What evidence there is suggests that it possibly is not even close to that number. As I learned a couple of weeks ago, when I went to AmericansElect.org and completed the delegate verification process, becoming an Americans Elect delegate requires a bit of a commitment. It’s not as simple as just “signing up.” Read More

The Voting News Daily: Super PACs’ $500,000-Plus Donors Account For Majority Of Money, AFL-CIO Takes On Voter ID Laws

Tales of super PAC spending in the Republican presidential race talk about the millions of dollars pouring into their coffers. A few specific donors are mentioned. There’s Sheldon Adelson, the casino magnate whose contributions have kept Newt Gingrich in the contest far longer than his own meager fundraising would normally have allowed. And hedge fund billionaire Ken Griffin, who recently told the Chicago Tribune that he thinks the wealthy “actually have an insufficient influence” in the political system. But Griffin has given only $400,000 to super PACs in the 2012 cycle, which puts him on the lower end of the scale of leading super PAC donors. Read More

A.F.L.-C.I.O. officials on Wednesday denounced the voter identification laws enacted in a dozen states and vowed to mount their biggest voter registration and protection efforts ever to counter these laws, which they said could disenfranchise millions of voters. Union leaders, gathered here for their annual winter meeting, held a news conference to attack the laws, saying that Republican governors and Republican-dominated legislatures had enacted them to make voting harder for numerous Democratic-leaning groups, including students, minorities, elderly and the poor. “Although they’re called voter ID laws, they are in fact voter suppression laws,” said Arlene Holt Baker, the A.F.L.-C.I.O.’s executive vice president. “If you are able to suppress the voice and vote of these groups of people, you have in fact been able to destroy democracy.” Read More

The Voting News Daily: Voter ID rules: A solution in search of a problem, Michael Steele: “I Wanted a Brokered Convention”

For the second time in three months, the Obama administration has blocked a state law pushed by Republicans that, using the pretext of a nearly nonexistent problem of voting fraud, discriminates against minority voters by establishing more stringent voter ID rules. Memo to Virginia Gov. Robert F. McDonnell: You might be next. In December, the Justice Department moved against South Carolina, saying its new law would suppress turnout among African American voters, who are more likely than other voters to lack identification. On Monday, the department blocked Texas from enforcing a similar measure requiring voters to show photo IDs at the polls, which federal officials said would disproportionately affect Hispanic voters. Read More

Is the never-ending and ever-bitter 2012 Republican presidential race—which at this point seems to be alienating independent voters—Michael Steele’s revenge? In January 2011, Steele, the first African American chair of the Republican National Committee, was unceremoniously denied a second term by the party’s governing council, after a tumultuous two-year stint marked by the historic GOP takeover of the House but also multiple gaffes (Steele called Afghanistan “a war of Obama’s choosing”), blunders (spending $2000 in party funds at a West Hollywood bondage-themed nightclub), and charges of profound financial mismanagement. But during his rocky tenure at RNC HQ, Steele pushed for and won significant changes in the rules for the party’s presidential nomination process and shaped this year’s turbulent race. “I wanted a brokered convention,” Steele says. “That was one of my goals.” Read More

The Voting News Daily: Super PACs and the Nonprofits That Fund Them, Super PAC challenge: Congress

Super PACs are the perceived demons of the 2012 campaign, with the law allowing them to raise and spend unlimited amounts of dough. But a shadowy sideshow that’s gone largely unnoticed is the set of nonprofits affiliated with them, which often provide money to the cash cows—and they don’t have to publicly disclose their donors (as super PACs must). “The undisclosed money is far more troubling for the system,” says campaign finance lawyer Kenneth Gross. FreedomWorks for America is a case in point. The group, which has attacked GOP pols it finds insufficiently conservative, is located three blocks north of the Capitol. At the same address, sharing the same suite and even some staff, is the headquarters of the similarly named FreedomWorks Inc., a nonprofit (or 501[c][4] group). In 2011 the super PAC received almost half of its $2.7 million from the nonprofit, a legal transfer that skirts disclosure requirements. Whose cash is it? We aren’t allowed to know. Matt Kibbe, who oversees the activities of both groups, tells Newsweek that “to adhere to what the law stipulates” there is a “firewall” between the two. But even by the loose standards of money in politics these days, the arrangement seems rather cozy. Read More

The next frontier for super PACs: playing in Senate and House party leadership elections. The formula is simple. Raise $10 million from the jet set or grass-roots followers, spend it on 40 to 50 House districts or 15 Senate races and then call in favors when it’s time to count votes for speaker, floor leader or whip. The model has been built. The money’s out there. And there’s no shortage of ambition in Congress. The question is: Can anyone put it all together? Read More

The Voting News Daily: Will the Courts Protect Voting Rights?, The Super PAC Paradox

Last week brought two rare pieces of good news for voting rights advocates. In Wisconsin, Dane County Circuit Judge David Flanagan granted a temporary injunction, requested by the League of Women Voters, preventing implementation of the state’s photo identification requirement for voting. Meanwhile, the Third Circuit of the U.S. Court of Appeals reaffirmed a 1982 consent decree preventing the Republican National Committee from intimidating minority voters.  Unfortunately, voter intimidation and disenfranchisement will still occur, in Wisconsin and throughout the country. Read More

 

When GOP presidential hopeful Rick Santorum gave his victory speech in Missouri after the primary there on Feb. 7, he shared the stage with a white-haired gentleman who stood practically at his elbow the entire time.
Investment fund manager Foster Friess probably did not strike audience members as someone special as he smiled merrily behind the former Pennsylvania Senator. But Friess is at the center of a growing controversy over unregulated money and alleged campaign finance violations in the 2012 campaign. At issue is whether unrestricted super PACs are illegally working hand-in-hand with the candidates they support. Campaign finance watchdogs say the collusion is flagrant. Super PAC organizers argue just as loudly that they are meticulously following the rules. Read More

The Voting News Daily: If you aren’t sure Citizens United gave rise to the super PACs, just follow the money, Super Tuesday more slow than super

Most of what you hear about Citizens United v. FEC is negative. By opening the door for corporations to spend unlimited sums in elections and to allow for the creation of super PACs, the Supreme Court has made a campaign finance system that was already flooded with money much worse. But Citizens United obviously has its defenders, and they have advanced a number of arguments to try to blunt criticism of the Supreme Court’s controversial decision: The public actually learns from the flood of negative advertising coming from these super PACs; super PACS increase competition; The Supreme Court’sCitizens United decision didn’t create super PACs, so stop blaming the court for the flood of dollars and the negative campaign ads they buy.

This last argument has recently gained a lot of traction, and has been made by First Amendment lawyer Floyd Abrams, his son the legal commentator Dan Abrams (who accused the media of “shameful, inexcusable conduct” in describing the Citizens United-super PAC connection), columnist George Will, and the Atlantic’s Wendy Kaminer. The argument goes like this: The Supreme Court back in 1976 held that individuals had a constitutional right to spend unlimited sums on elections. And before Citizens United, rich individuals like George Soros gave large sums of money to so-called “527 organizations” (named after an obscure section of the tax code) with innocuous names like “Americans Coming Together.” These 527 organizations were just like super PACs, so there’s nothing new here. Read More

Unlike four years ago when states jockeyed to be among the first to cast ballots in the hotly contested 2008 presidential primary season and 24 states and America Soma held their contests on February 5, this year only 10 states held contests on “Super Tuesday.” And with no contest on the Democrat side and less interest on the Republican side than there seemed to be four years, that made for a slow Super Tuesday for many elections officials with light turnout reported from Alaska to Vermont. That being said, just because the day was relatively quiet, some would say slow, doesn’t mean it was uneventful. The following is a brief recap of some of the events of Super Tuesday. In Franklin County, Ohio, some voters left their polling places without voting after confusion about ballots lead to delays. The confusion arose in polling places that handle multiple precincts. Due to the confusion about which ballots voters were supposed to receive, some voters could not wait because they had to get to work. Poll workers took down the contact information of the voters who had to leave and reached out to them after the ballot confusion was cleared up to encourage them to return to vote. 

The Voting News Daily: Postal Service to suspend closures during election season, Internet voting way too risky, say experts

The U.S. Postal Service plans to suspend its planned closure of processing facilities and post offices during the November election season in response to concerns from state officials that the delivery of absentee or mail-in ballots might be lost or delayed in the shuffle. Postal officials announced plans last month to proceed with closing or consolidating at least 223 processing centers in the coming years in hopes of saving billions of dollars. USPS also plans to close thousands of post offices in the coming years in mostly rural communities. But state officials in Arizona, California, Ohio and Oregon, among others, complained that the changes could confuse voters accustomed to mailing ballots close to mail-in deadlines or Election Day. Read More

Every time an election rolls around, you hear about some pitifully low percentage of people who actually bother to go to the polling place and cast a ballot. At the same time, one can’t help notice the decline in many bricks and mortar retail stores and the attendant growth of online shopping. So why not put two and two together here? Why not vote over the Internet? Skip all that hassle of looking up where you’re supposed to vote, getting there, parking, waiting in line. Just log on, in your pajamas if you want, and cast a ballot the same way you would order some shoes. “It would be something that would be more convenient for voters, you could just do it from the privacy of your own home,” says J. Alex Halderman, Assistant professor of electrical engineering and computer science at the University of Michigan. “That has the potential to increase voter turnout, which is a very good thing. But, the problem is internet voting presents very serious security challenges that we don’t know how to solve, and might not know how to solve anytime soon.” Read More