The Voting News Daily

Bridgeport’s “ran-out-of-ballots” fiasco got Secretary of the State Denise Merrill’s attention. “People were turned away at the polls and not allowed to vote!” she told a League of Women Voters meeting in Ridgefield recently. “We don’t need one more thing to cause people to lose faith in the system.” Just elected in November 2010, Merrill wouldn’t take office as Secretary of the State until January 2011. But she followed all that unfolded.  The 2010 election’s signature foul-up became motivation for electoral reform. And it provides much of the context for a series of proposals Merrill and Governor Dannel Malloy have put before the Legislature this year. Read More

Georgia’s voter registration process could add an online option under a proposed bill that includes the technology provision as one of several updates to the state’s current voting laws. HB 899, sponsored by Rep. Buzz Brockway, would allow the secretary of state’s office to develop an online system voter registration system for state residents.  Applicants must have a Georgia driver’s license or identification card from the Department of Driver Services, and the information would be matched to the state’s Driver Services database. The bill was passed by the House on Monday and is on its way to the Senate for consideration. Read More

Heading into Super Tuesday, spending by super PACs aligned with presidential candidates has surpassed spending by all super PACs in the 2010 mid-term election. To date, super PACs aligned with one of the 2012 White House hopefuls have spent more than $66 million, an iWatch News analysis of data filed with the Federal Election Commission has found. Notably, the pro-Mitt Romney super PAC “Restore Our Future” accounts for almost 50 percent of this spending. The super PAC has spent more than $32 million so far this election, nearly all of it on ads bashing his opponents. That’s nearly twice as much as the $16 million spent by pro-Newt Gingrich “Winning Our Future.” And it’s roughly six times as much as the $5.3 million spent by the pro-Rick Santorum “Red, White and Blue Fund.” Read More

The Internal Revenue Service is caught in an election-year struggle between Democratic lawmakers pressing for a crackdown on nonprofit political groups and conservative organizations accusing the tax agency of conducting a politically charged witch hunt. In recent weeks, the I.R.S. has sent dozens of detailed questionnaires to Tea Party organizations applying for nonprofit tax status, demanding to know their political leanings and activities. The agency plans this year to press existing nonprofits like American Crossroads, on the Republican side, and Priorities USA, on the Democratic side, to justify their tax-protected status as “social welfare” organizations, a status that many tax professionals believe is being badly abused. Senate Democrats are readying a fresh legislative push to demand that such groups disclose their donors and attach disclaimers to their political advertising identifying the advertisement’s primary funders. Tax experts are also raising concerns that corporate donors to “super PACs” may be deducting their contributions as business expenses. Read More

There’s no mystery about why a business or industry group might be shy about how it spends money on election campaigns. Just ask department store chain Target. In 2010, Target, which had been known for its progressive employment policies, faced a customer and shareholder backlash after it donated $150,000 to a pro-business PAC in Minnesota that was backing a gubernatorial candidate who opposed gay rights. Target eventually quelled the furor with a policy change prohibiting trade groups from using its contributions to intervene in elections, but it stopped short of disclosing all its political donations. Yet had it made its Minnesota donation through a nonprofit organization known as a 501(c)4, it might have avoided all that hassle. That’s because such organizations don’t have to disclose who their donors are. Read More

A few countries, like Estonia, have gone for internet-based voting in national elections in a big way, and many others (like Ireland and Canada) have experimented with it. For Americans, with a presidential election approaching later this year, it’s a timely issue: already, some states have come to allow at least certain forms of voting by internet. Proponents say online elections have compelling upsides, chief among them ease of participation. People who might not otherwise vote — in particular military personnel stationed abroad, but many others besides — are more and more reached by internet access. Online voting offers a way to keep the electoral process open to them. With online voting, too, there’s no worry about conventional absentee ballots being lost or delayed in the postal system, either before reaching the voter or on the way back to be counted. The downsides, though, are daunting. According to RSA panelists David Jefferson and J. Alex Halderman, in fact, they’re overwhelming. Speaking Thursday afternoon, the two laid out their case against e-voting. Read More

The crucial role the “super PAC” now plays in modern presidential politics has been on vivid display in the week before the Super Tuesday primaries, as these outside groups have all outspent the campaigns and become their de facto advertising arms. The super PACs supporting Mitt Romney, Rick Santorum and Newt Gingrich have poured nearly $4 million into advertising in Ohio ahead of the primary next week, accounting for most of the spending on commercials there in what has become an overwhelmingly negative contest. Beyond Ohio the story is the same. The money spent by super PACs, another $8 million, continues to outpace what candidates themselves are willing and able to spend. Mr. Romney, whose campaign spent almost three times as much as it brought in during January, has chosen not to advertise in any Super Tuesday state but Ohio. He has committed about $1.2 million to advertising there, according to figures provided by media strategists. Read More

A recent story out of New Mexico has made Buddy, pictured above, the latest (would-be) four-legged cautionary tale about the nation’s registration system. Buddy’s owner was walking across campus a while back at the University of New Mexico when he saw a voter registration booth. He said he decided to “test” the system by submitting an application for Buddy using a fake birth date and Social Security number. A short time later, he had a voter registration card for Buddy in hand – and took his story to the media to “expose” the flaws in the state’s election system, saying “[t]hey should verify. Somebody should have verified this information and somebody should have come out and took a look at exactly who it was.” Let’s go ahead and set aside this notion of in-person followup visits – can you imagine this person’s reaction had he received such a visit in response to a legitimate application? – and focus instead on this notion of “testing” the system to expose its perceived flaws. Read More

Internet voting systems are inherently insecure and should not be allowed in the upcoming general elections, a noted security researcher said at the RSA Conference 2012 being held here this week. David Jefferson, a computer scientist at Lawrence Livermore National Laboratories and chairman of the election watchdog group Verified Voting, called on election officials around the country to drop plans to allow an estimated 3.5 million voters to cast their ballots over the Internet in this year’s general elections. In an interview with Computerworld on Wednesday, Jefferson warned that the systems that enable such voting are far too insecure to be trusted and should be jettisoned altogether. Jefferson is scheduled to participate in a panel discussion on the topic at the RSA conference on Thursday. Also on the panel are noted cryptographer and security guru Ron Rivest, who is the “R” in RSA, and Alex Halderman, an academic whose research on security vulnerabilities in e-voting systems prompted elections officials in Washington to drop plans to use an e-voting system in 2010. Read More

When Georgia’s Republican leaders redrew the state’s election-district maps last year, Democrats and minorities instantly cried foul. In an increasingly diverse state where 47 percent of voters chose Obama in 2008, the new maps looked likely to hand the GOP 10 of the state’s 14 seats in Congress. Perhaps even more significantly, they were drawn so as to give Republicans a shot at a two-thirds majority in both chambers of the state legislature, allowing them to pass constitutional amendments unilaterally. They achieved this in part by “packing” the state’s black voters (who overwhelmingly vote Democratic) into a handful of districts in order to make others more solidly white (and Republican).

Fortunately for the state’s Democrats, federal law seemed to offer a time-tested remedy. Section 5 of the Voting Rights Act, a landmark civil rights bill passed in 1965 to crack down on poll taxes and other discriminatory practices, requires Georgia and a number of other Southern states to get federal approval for any changes to their voting laws. Any that harmed minorities’ chances of fair representation were to be thrown out. And that’s exactly what Georgia Democrats expected Obama’s Department of Justice to do with Republicans’ new maps. Just two years earlier, it had invoked Section 5 to block two Georgia voter-verification laws. Liberals gleefully predicted the Republican gerrymanders would likewise be “DOA at the DOJ.” Read More

Presidential candidates and the super PACs accepting unlimited donations to help their campaigns cannot coordinate their activity, yet they are sharing consultants, donors and even advertising footage, raising new questions about the independence of outside groups. Campaign-finance experts say there’s little federal regulators can or will do to curb the activity ahead of November’s election.

Some recent examples:
•Restore Our Future, a super PAC backing Republican Mitt Romney, came under fire from a campaign-watchdog group this week for running the same commercial Romney aired in 2007 during his earlier presidential campaign. The super PAC, run by former Romney aides, also shares a direct-mail and polling consultant with the campaign, new federal disclosures show. Read More

On Friday, a federal district judge granted a preliminary injunction against a Montana law, the Corrupt Practices Act of 1912, that bans corporations from making independent expenditures in political campaigns. Earlier this month, the United States Supreme Court, in a separate case from the state courts, issued a temporary order preventing Montana from enforcing that law. These cases and others in the country show how the Supreme Court’s Citizens United decision has upended important state campaign spending laws. As the Montana Supreme Court has said on this question, “Clearly the impact of unlimited corporate donations creates a dominating impact on the political process and inevitably minimizes the impact of individual citizens.” Read More

With the widespread adoption of smartphones and the use of mobile tactics in U.S. presidential campaigns, could there come a day when Americans might vote wirelessly? That question was posed to a panel of mobile campaign experts at the Brookings Institution during a webcast Tuesday. The prevailing view was that wireless voting in the U.S. is a long way off. Considering that much voting in the U.S. is still done with paper ballots, electronic voting over a wireless device such as a smartphone is “a long ways away,” said Katie Harbath, associate manager of policy for Facebook. She noted that delegates to the Iowa Republican Caucus in February still voted with pen and paper. Read More

Top Republicans are calling for a review of the methods used in presidential caucuses after a series of vote-counting mishaps in three early states. Maine on Tuesday became the latest state to fall victim to the caucus bug, with a local report noting that the state GOP declared Mitt Romney the winner of a close race without many localities reporting votes in the totals, including some that had submitted their results and some whose caucuses were set for later this month. It was just the latest foible in what has been a very rough year for the caucus format. Read More

With the widespread adoption of smartphones and the use of mobile tactics in U.S. presidential campaigns, could there come a day when Americans might vote wirelessly? That question was posed to a panel of mobile campaign experts at the Brookings Institution during a webcast Tuesday. The prevailing view was that wireless voting in the U.S. is a long way off. Considering that much voting in the U.S. is still done with paper ballots, electronic voting over a wireless device such as a smartphone is “a long ways away,” said Katie Harbath, associate manager of policy for Facebook. She noted that delegates to the Iowa Republican Caucus in February still voted with pen and paper. Read More

One might guess that groups with names like Restore Our Future, Priorities USA, and Winning Our Future would all be campaigning for the same thing — but that could not be further from the truth. These similarly named groups are the Super PACs who are fighting each other in the presidential election. Their confusing names are paltry in comparison to the biggest concern: many of their real donors remain hidden from the public eye. With unlimited contributions made possible by the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission and subsequent court decisions, the groups have already raised millions of dollars from wealthy individuals, corporations, unions, and nonprofits. While President Obama is not immune from the Super PAC trend, the Republican nominees have raised more money in much larger amounts. Twelve billionaires donated to Restore Our Future, the Super PAC supporting Mitt Romney, with contributions ranging from $50,000 to $1 million. Read More

The 2012 general election campaign is likely to be a fight for every last vote, which means that it will also be a fight over who gets to cast one. Partisan skirmishing over election procedures has been going on in state legislatures across the country for several years. Republicans have called for cutbacks in early voting, an end to same-day registration, higher hurdles for ex-felons, the presentation of proof-of-citizenship documents and regulations discouraging registration drives. The centerpiece of this effort has been a national campaign to require voters to present particular photo ID documents at the polls. Characterized as innocuous reforms to preserve election integrity, beefed-up ID requirements have passed in more than a dozen states since 2005 and are still being considered in more than 20 others. Opponents of the laws, mostly Democrats, claim that they are intended to reduce the participation of the young, of the poor and of minorities, who are most likely to lack government-issued IDs — and also most likely to vote Democratic. Read More

It’s often been said that Oscar season reflects the broader splendors and dysfunctions of American public life. The Academy of Motion Picture Arts and Sciences’ ideals of scrupulous fair play have been under constant challenge in recent years, on such issues as the promotional pull of A-list stars, the power of big-studio money and negative advertising campaigns designed to undermine the competition.

Now, though, the academy may be committing a blunder of its own making. It recently announced that it would be ditching its current all-mail secret ballot system, and that its more than 5,000 members would be voting through their own computers, starting next year. The academy said the software developed by the San Diego-based computer voting company Everyone Counts would incorporate “multiple layers of security” and “military-grade encryption techniques” to ensure that nothing untoward or underhanded could occur before PricewaterhouseCoopers, its accountancy firm, captured the votes from the Internet ether. Unfortunately, leading computer scientists around the world who have looked at Internet voting systems do not share the academy’s confidence. On the contrary, they say the technology is vulnerable to a variety of cyber attacks — no matter how many layers of encryption there are — and risks producing a fraudulent outcome without anyone necessarily realizing it. Read More

Rick Santorum suggested on Sunday that Mitt Romney’s campaign may have rigged a straw poll of conservative activists by paying the entrance fee for supporters. Romney beat Santorum by 7 points Saturday in a straw poll of almost 3,500 attendees at the Conservative Political Action Conference (CPAC). Santorum pointed out that Ron Paul had won the poll in both of the past two years “because he just trucks in a lot of people pays for their ticket, they come in and vote and then leave.” “I don’t try to rig straw polls,” Santorum said on CNN’s State of the Union. Read More

The presidential caucus system is under attack after embarrassing contests in Iowa and Nevada put on national display missing ballots, endless counting delays and lots of confusion. The result is Republican activists calling for big change to the antiquated system, particularly to the first-in-the-nation Iowa caucuses. “All the candidates are out there slogging around at Christmastime and New Year’s, and then they produce a non-result result and they can’t even get the count right,” said David Norcross, a former Republican National Committee general counsel and New Jersey GOP committeeman. Norcross told POLITICO that Iowa’s Jan. 3 caucuses were “numbingly stupid.” “How foolish is it for everyone to go to Iowa the first week in January when there are no delegates selected and they can’t even get the vote right? It’s just a joke, it’s Iowa’s joke on you and all of us.” Read More

The Overseas Vote Foundation is launching a new domestic voter registration and absentee ballot site in this election season that aims to make it easy for voters to fill out and access state-specific election forms. OVF announced the new initiative, the U.S. Vote Foundation, at its summit at the end of January. The Overseas Vote Foundation, founded in 2005, has been dedicated to making the overseas registration process more accessible through its websites dedicated to military service members as well as the general population of Americans abroad. “We know that one of the things that election officials want the most is that voters use the forms that their state provides,” said Susan Dzieduszycka-Suinat, OVF’s president and CEO. “Some states use the NVRA to send the voter yet another form.” Read More

Money pouring into the U.S. presidential election from new super political action committees and nonprofit campaign groups appears so far to be strictly American in origin, donated by U.S. companies, unions and millionaires. But it’s easier than ever to conceal the source of money and the identities of contributors, making conditions ripe for illegal donations from foreigners, overseas companies or governments attempting to help a favored candidate for the White House. Read More

Conservative activists and Republican attorneys general have launched a series of lawsuits meant to challenge the most muscular provision of the Voting Rights Act 0f 1965 before a Supreme Court that has signaled it is suspicious of its constitutionality. Working their way to the high court are lawsuits from Arizona to North Carolina, challenging Section 5 of the historic civil rights act. The provision requires states and localities with a history … Read More

There’s nothing like a good sequel, so – on the heels of an updated military and overseas voting reportreleased a few weeks ago – the election team at Pew has released Election Administration by the Numbers, an update of its 2008 Data for Democracy (page | full report).

Pew’s work in this area is part of their larger interest in developing an Elections Performance Index – a data-driven, evidence-based tool for assessing how well state election systems are serving their citizens as both voters and taxpayers. Pew’s Index, inspired by the Democracy Index work of Yale Law School professor Heather Gerken, is a (typically “Pew-y”) hands-on effort to use data (as opposed to “anecdata”) to understand and shape election policy. Read More

On January 24 Saguache County, CO voters overwhelmingly recalled County Clerk Melinda Myers. Myers had been under fire ever since presiding over a hotly-disputed 2010 election in which preliminary results – which showed some candidates, including Myers’ GOP opponent, leading – were ultimately reversed due to reported machine problems and other errors. Although a grand jury found no evidence of criminal conduct, the 2010 election led to a long-running battle involving Myers, local activists, election officials and the courts about whether and how to allow scrutiny of voted ballots in the name of transparency. Read More

The Indiana Democratic Party has asked the Indiana Court of Appeals to enforce a judge’s ruling that would make their candidate Secretary of State. Former Secretary of State Charlie White, a Republican, was removed from office early Saturday morning after a jury convicted him of six felonies. Gov. Mitch Daniels appointed Jerry Bonnet, White’s chief deputy, as his interim replacement, but Democrats believe Vop Osili is White’s rightful successor, and they filed a motion this afternoon to try to get him in office. Read More

The biggest loser in Nevada’s Republican caucuses? The state’s feckless GOP. Unable to control how its county parties count and report results, state Republicans were scrambling Sunday to explain why, almost 24 hours after most caucuses ended, the votes still have not been counted. Here in Clark County, home to two-thirds of the state’s population, officials counted ballots, by hand, until 4 a.m. before calling it a night. Counting resumed again at 9 a.m. By 11 a.m. local time Sunday, only half of the county’s ballots had been counted. “About midway through the night I said, ‘This is ludicrous,’” state GOP Chairman Amy Tarkanian said Sunday morning. “So I sent my state party people down there, including my husband, and said, ‘Go help them count, this is crazy.’” Read More

A Republican caucus event timed to accommodate observant Jews who wouldn’t break Sabbath devolved into a fracas about religion and politics and made for a feisty conclusion to Nevada’s presidential nominating process. Hundreds of people crowded into the Adelson Educational Campus in Summerlin witnessed repeated clashes between local Republican party officials and would-be caucus-goers who resented being required to affirm their religious beliefs before being allowed to participate. The disputes overshadowed the intent of the caucus to choose a Republican nominee for president, especially since former Massachusetts Gov. Mitt Romney had already been declared the winner in Nevada before the evening event started. Read More

Since the 2000 recount in Florida, voting procedures have been under the microscope; in close races, painstaking legal details and arcane rules can determine the results. Among those details is the handling of ballots cast by hundreds of thousands of “invisible” overseas voters. In the swing state of Virginia this November, 10,000 votes could decide the outcome in the presidential race, or the U.S. Senate race. In 2006, Democrat Jim Webb won Virginia’s Senate seat by a margin of 9,329 out of the nearly 2.4 million votes that were cast, a mere four-tenths of one percent margin of victory. Likewise in 2008, in another battleground state, Missouri, Republican presidential candidate John McCain beat Democrat Barack Obama by 3,903 votes, a one-tenth of one percent margin. Read More

The Republican lawyer on the case that arguably helped pave the way for the creation of so-called “super PACs” told TPM this week that he hopes politicians will realize that the contribution limits on their campaigns are putting them at a huge disadvantage, and will pass legislation dashing such restrictions. An odd position for a key player in the opening of the anonymous-campaign-cash floodgates to have? James Bopp Jr. says no. “I’m very hopeful and actually expect that incumbent politicians are going to look at themselves and say we are severely handicapped” in comparison to super PACs, Bopp told TPM, arguing that political campaigns were more accountable to voters than super PACs. “It is of course possible that there would be a court decision that would effect that. But I think the more likely scenario is that members of Congress will realize they have cut their own throat,” Bopp said. Read More

A new analysis shows that in the deluge of TV ads in the early voting states for the Republican presidential primaries, nearly half of the ads are coming not from the candidates but from superPACs — the new breed of political committees that raise unregulated money. Political scientists at Wesleyan University in Connecticut found that so far, there have been about the same number of GOP primary ads as there were four years ago. An analysis by the Wesleyan Media Group shows that while the overall number of ads in the 2012 Republican presidential primary is similar to four years ago, the source of the ads has changed. What’s different — and different in a big way — is the role of outside money groups, mostly superPACs, says Erika Franklin Fowler, a director of the Wesleyan Media Project. “They went from about 3 percent of total ad airings in the 2008 race to almost half, about 44 percent, in 2012,” she says. Read More

Matt Strawn, the Iowa GOP chairman who has been embroiled in controversy since the Jan. 3 Iowa caucus results, is resigning, he announced Tuesday. “It is only because the Iowa GOP has returned as a strong and relevant voice in Iowa politics that I am now able to evaluate all the competing priorities in my personal, business and political life. The party is strong and has the resources in place for victory in November,” Strawn said in a statement. “Now is the time to transition to new leadership.” Strawn, who has chaired the state party since 2009, left his post after the Iowa GOP fumbled the results of the caucuses, initially declaring Mitt Romney the 8-vote winner. Two weeks later, on the eve of the South Carolina primary, the party reversed that decision and certified Rick Santorum the winner by 34 votes. The state GOP statement declaring Santorum the winner was released “in order to clarify conflicting reports.” Read More

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

Only four candidates are facing-off in Tuesday’s Republican presidential primary, but there are nine names to choose from on the ballot. Although five candidates have dropped out of the race, including Minnesota Congressman Michele Bachmann and Texas Gov. Rick Perry, their names are still on the ballot. Palm Beach County elections chief Susan Bucher said Friday she is worried the ballots may confuse voters. She wants to make sure residents don’t “waste” their vote by choosing a candidate who dropped out. “It is a statewide issue,” said Bucher, who has discussed her concerns with the Secretary of State’s office. “I am just concerned that people will waste their vote, in what appears to be a very close election.” Read More

For military and overseas voters from 47 states and D.C., casting a ballot in 2012 will be a much different — and easier — experience than ever before. Since the 2009 passage of the Military and Overseas Voter Empowerment Act, which called for improved election access for those living or serving abroad, 47 states and D.C. have enacted new laws and reforms to protect this group of voters, the Pew Center on the States study released Friday found. The 2012 election is the first presidential contest where these voters will cast ballots with the newly implemented legislative and administrative changes. Pew found that 38 states and D.C. now have rules meeting or exceeding the MOVE act’s requirement to send absentee ballots no later than 45 days before a federal election, and eight states also moved their primary dates to accommodate that condition. Read More

The world economy may be bracing for another grim year, but political donors in the United States are breaking out their checkbooks to finance what is expected to be the most expensive presidential election in American history. The Center for Responsive Politics estimates $6 billion will be spent in the U.S. elections by campaigns, political parties and corporations hoping to propel their candidates into the White House and what writer Mark Twain once called the “best Congress money can buy.” The projected price tag of the 2012 U.S. election dwarfs that of other nations, but corruption monitors from Transparency International (TI) say it’s not just how much will be spent but where the money is coming from that threatens the integrity of politics around the world. Read More

A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation’s top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights legislation. In the Jan. 20 decision, which tossed a Texas electoral map back to a lower court, the Supreme Court made a reference to “serious constitutional questions” raised by the act, which was passed in 1965. Legal experts have identified an Alabama case working its way through the courts as a vehicle through which the Supreme Court could eventually take another look at the act. Read More

A top European anti-corruption body wants the U.S. to increase transparency of political funding through outside groups that donate millions to support candidates, warning that they could be used to skirt long-established disclosure rules. The Council of Europe’s Group of States against Corruption — known as Greco and which counts the U.S. as a member — warns “soft money” political financing vehicles appear to be increasing in America. The highly technical, 39-page report was approved by the Council of Europe’s plenary session last month, but was not previously made public. The Associated Press obtained a copy of the report on Thursday. Greco officials then posted it online. (Links to the report: Theme I / Theme II) Read More

The recall of Saguache County Clerk Melinda Myers offers some lessons about transparency and the good sense of voters. Myers, who oversaw a messy election in which she prevailed over a challenger, was booted out of office this week with a resounding 68 percent of the vote. We suspect voters were dismayed not only by the controversial outcome in the 2010 election, in which results were reversed days after the polls closed, but by the clerk’s fight to keep ballots secret. We supported a public recount of the ballots in an effort to build public trust in the process. And we think county clerks, who are pushing for legislative action this session to restrict public access to voted ballots after elections, ought to take note of the Saguache recall. Voters may not be as keen on their efforts as they think. Read More

The Academy will mail final ballots for the 84th Awards on February 1 to 5,783 voting members. The completed ballots are due at 5 PM February 21. Most members–whether in London, New York or Borneo–will anxiously mail their ballots or, if they are in Los Angeles, walk them into PricewaterhouseCooper’s offices. After tabulating the votes, PricewaterhouseCoopers will place winners’ names in the sealed envelopes that are opened on the Oscar show February 26. This seems positively archaic in the digital age. Why can’t Academy voting take place online? The Broadcast Film Critics, the Canadian Genies, BAFTA and others do it that way. Academy president Tom Sherak told TOH last year that the Academy starting considering electronic ballots because they wanted to move up the Awards date: online voting was a prerequisite of making that happen. But Sherak was afraid that the Oscars offered a fat juicy target. “I’ve yet to be convinced that you couldn’t find someone to hack into it,” he said. “Nobody has said to me, ‘you can’t get in.’ The Academy is as pure as the driven snow.” Until Sherak was convinced that no one could influence the voting by hacking into an online voting system, he was sticking with paper ballots, he said. “They can hack into the Pentagon!” he says. “The chances of getting online ballots are slim to none.” Read More

Amid growing concern over the growing influence of super PACs, congressional Democrats are set to introduce new legislation designed to bring an increased level of transparency to campaign-related expenditures. Rep. Chris Van Hollen (D-Md.) will introduce in the coming weeks an updated version of the DISCLOSE Act, the legislation aimed at increasing transparency in election spending that failed to pass Congress, in September 2010, by a single Senate vote. Senate Democrats will introduce their own version of the legislation after the House moves first. The two bills are likely to differ slightly in language, though those differences aren’t immediately known. “There is still work being done on a bill in the Senate,” said one Senate Democratic aide. “It will be high on our priority list,” added another. Read More

Outside political groups, already big players in this year’s GOP presidential battle, have started to train their firepower on Senate and House races. Third-party organizations, including political parties and super PACs that can raise and spend unlimited corporate and union money, have pumped nearly $9 million into last-minute advertising and other independent spending to support or oppose congressional candidates in this election cycle, Federal Election Commission records show. Read More

New voting laws requiring identification and eliminating absentee ballots disenfranchise young and low-income voters in various states. Students who move out-of-state to attend college normally shrug a slew of stresses on their shoulders. From a potentially higher tuition to possible travel expenses, most college students think they have enough to worry about. A new wave of laws, however, could be adding to that list. Throughout the country, voting laws are being pursued that will affect a wide range of voting issues including voter IDs, proof of citizenship, strict registration, reduction in absentee balloting and disenfranchisement of voters with a felony conviction. Read More

In the Massachusetts Senate campaign, where Super PACs have already spent millions blanketing the airwaves in what promises to be a spectacular slugfest, the candidates are giving peace a chance. Or so they would have us believe. Scott Brown, the Republican incumbent, and Elizabeth Warren, the progressive consumer advocate who recently left the Obama administration to launch a political career, tentatively agreed Monday to reject outside spending by third-party groups, whether traditional political action committees (PACs), party organs like the Democratic National Committee, or Super PACs like Karl Rove’s Crossroads GPS. Under the terms of the deal, hashed out in both private meetings between the campaigns and publicly-available letters, whenever a third-party group spends money to air an ad attacking (or supporting) a candidate, the potential beneficiary must donate half the sum of the ad buy to a charity of their opponent’s choice. Read More

Though the manifold problems of money pouring into our campaigns have become a source of daily news and mounting public backlash, the anniversary of the Supreme Court’s ruling in Citizens United vs. Federal Elections Commission is an opportunity to review how this transformative decision was reached — the perfect storm of politicized jurisprudence, corporate entitlement, and a narrowly tilted bench. As Chief Justice John Roberts has expressed such concern over corporate rights, one might think he was found as a boy abandoned, taken in, and raised by some corporations. It was Roberts who directed the narrow issue of FEC penalties over ads for Hillary: The Movie to be rewritten and re-argued as a much broader debate over the right for corporations to spend money freely on third party advertisements. Read More

For veteran election-watcher Curtis Gans, who runs the Center for the Study of the American Electorate, this disenfranchisement is a major problem. “There are 50 million American citizens who aren’t registered to vote,” he says. “And there are 20 million names on registration lists that ought not to be there.” Alaska, Illinois, and South Dakota have more voters on their lists than there are citizens eligible to vote living there, Mr Gans has told Congress. And of 172 recognised democracies, the US is ranked 139th in voter participation, he says. Read More

The Supreme Court on Friday instructed a lower court in Texas to take a fresh look at election maps it had drawn in place of a competing set of maps from the Texas Legislature. The justices said the lower court had not paid enough deference to the Legislature’s choices and had improperly substituted its own values for those of elected officials. The court’s unanimous decision extends the uncertainty surrounding this major voting-rights case, which could help determine control of the House of Representatives. Read More

Amid the swirl of developments on Thursday came word from the Iowa Republican Party that it had certified the results from the state’s Jan. 3 caucuses — and that Rick Santorum, not Mitt Romney, had gotten more votes. Mr. Santorum received 29,839 votes in the state’s certified tally, 34 more than Mr. Romney, who had 29,805. Iowa Republicans were hesitant to deem Mr. Santorum the winner, however. Early Thursday morning, the state party chairman, Matt Strawn, instead described the result as having been “too close to call.” Later, Mr. Strawn was somewhat clearer. “One thing that is irrefutable is that in these 1,776 certified precincts, the Republican Party was able to certify and report Rick Santorum was the winner of the certified precinct vote total by 34 votes,” he told reporters, He cautioned, however, that there was ambiguity in the outcome because the results from eight other precincts were unaccounted for and had never been certified. How safe is it to assume that Mr. Santorum in fact won? And does any of this matter, other than to historians and data geeks? Read More

Salon is out with an interview today with Floyd Abrams (noted First Amendment lawyer and campaign finance law opponent).  Abrams took the NY Times to task for blaming the $5 million Adelson contribution to Super PACs on Citizens United.  Abrams says it is Buckley v. Valeo, recognizing an individual’s right to spend money on elections, not Citizens United, which is responsible for the emergence of Super PACs. That’s not the whole story, and misses the relevance of Citizens United. Read More

This week marks the two-year anniversary of the Supreme Court’s ruling in the case of Citizens United v. Federal Election Commission, which struck down part of the 2002 McCain-Feingold election law. Never has the ruling been as salient as it is now in the national political discussion. The Occupy movement has taken aim at the decision, blaming it for allowing the “1 percent” to exercise unprecedented control over the political process. Meanwhile, the decision has been widely cited as paving the road for the super PACs that are dominating the Republican primary, now evenoutspending candidates’ official campaigns in South Carolina. All of which contributed to my interest in a letter sent to the New York Times this week by Floyd Abrams, a longtime First Amendment lawyer who represented Sen. Mitch McConnell in the Citizens United case and argued that part of the McCain-Feingold law was unconstitutional. Abrams has been involved in many landmark cases, notably representing the Times in the Pentagon Papers case in the early 1970s. Read More