Editorials: Can states adopt “use-it-or-lose-it” limits on voting rights? | Lyle Denniston/Constitution Daily

The Supreme Court, taking on another significant controversy over voting rights, agreed on Tuesday to clarify the power of states to take voters off the registration rolls if they skip going to the polls in several elections. The new case from Ohio will come up for review in the court’s term starting next fall. At issue is an appeal by state officials seeking to defend their view that federal voter registration laws allow the states to adopt limited versions of a “use-it-or-lose-it” condition on keeping a current voter registration. The appeal has the support of 15 other states, but has drawn opposition from civil rights groups who claim that “voter purge” laws are suppressing the right to vote of many thousands of citizens.

Editorials: Trump’s electoral commission is a sham | Jason Kander/CNN

President Donald Trump is upset he lost the popular vote by such a historic margin, and this month he announced he is going to do something about it. What started as a presidential lie about voter fraud has turned into the President's "Commission on Election Integrity," a group that poses an actual threat to American democracy. With so much bad news coming out of the White House, a scandal can feel like a welcome distraction from Trump's policy proposals, which have the potential to harm many Americans. And that's exactly what's happening now. As the investigation into the Trump campaign's alleged ties to Russia gets underway, the President has formed a sham of a commission to suppress voting rights.

Editorials: Kobach ‘Voter Fraud’ Commission Gets Fast Thumbs Down | Miles Rapoport/The American Prospect

The Kobach Commission (sometimes referred to as the Pence Commission) on voter fraud was created in the way so many things have been in the Trump administration. It started with an angry and completely unsubstantiated tweet, echoing a campaign trope, followed by public statements doubling down on the message, followed by a half-baked executive order. The Commission was created to investigate the allegations of Trump’s alternative universe, where massive voter fraud cost the president millions of votes. The true voter fraud—creating obstacles to the right to vote—is not part of its mandate. Kris Kobach is of course the perfect choice. As Kansas secretary of state, he has made his reputation seeking to make it as difficult as possible for people in Kansas to vote, and by fanning the fantasy of massive voter fraud.

Editorials: A Meaningful Move on Voting Rights in Alabama | The New York Times

Last week, more than 100 years late, Alabama took an important step toward excising a toxic slice of white supremacy from its Constitution and restoring voting rights to perhaps thousands of people, disproportionately black, with criminal records. At the state’s constitutional convention in 1901, lawmakers amended the Constitution to bar from voting anyone convicted of a crime involving “moral turpitude.” They didn’t define the phrase, but they were crystal clear about its intent: to preserve “white supremacy in this state” and fight the “menace of Negro domination” at the ballot box, as the convention’s president said.

Editorials: Supreme Court strikes a crucial blow against racial gerrymandering — but bigger battles lie ahead | Paul Rosenberg/Salon

In the 2012 House elections, Democratic candidates got 1.4 million more votes than Republicans (roughly 59.6 million to 58.2 million), but won 33 fewer congressional seats, the result of a highly coordinated GOP effort to raise political gerrymandering to a level never seen before. On May 22, the Supreme Court handed down a significant decision, in a case called Cooper v. Harris, that could help chip away at that anti-democratic success. Two even more significant cases could come to fruition in the coming months. Former Attorney General Eric Holder called the Cooper decision “a watershed moment in the fight to end racial gerrymandering.” Holder, who now chairs the National Democratic Redistricting Committee, went on to say, “North Carolina’s maps were among the worst racial gerrymanders in the nation. Today’s ruling sends a stark message to legislatures and governors around the country: Racial gerrymandering is illegal and will be struck down in a court of law.”

Editorials: Internet voting and paperless machines have got to go | Barbara Simons/Minneapolis Star Tribune

“They’ll be back in 2020, they may be back in 2018, and one of the lessons they may draw from this is that they were successful because they introduced chaos and division and discord and sowed doubt about the nature of this amazing country of ours and our democratic process.” — Former FBI Director James Comey, testifying about the Russian government before a House Intelligence Committee hearing, March 20, 2017

We are facing a major national security threat. As former Director Comey stated, we know that Russia attacked our 2016 election, and there is every reason to expect further attacks on our elections from nations, criminals and others until we repair our badly broken voting systems. Despite a decade of warnings from computer security experts, 33 states allow internet voting for some or all voters, and a quarter of our country still votes on computerized, paperless voting machines that cannot be recounted and for which there have been demonstrated hacks. If we know how to hack these voting systems, so do the Russians and Chinese and North Koreans and Iranians and ….

Editorials: The Supreme Court may just have given voting rights activists a powerful new tool | Richard Hasen/The Washington Post

Sometimes the most important stuff in Supreme Court opinions is hidden in the footnotes. In Monday’s Supreme Court ruling striking down two North Carolina congressional districts as unconstitutionally influenced by race, the majority buried a doozy, a potentially powerful new tool to attack voting rights violations in the South and elsewhere. At issue in the case was whether two congressional districts drawn by the North Carolina General Assembly were unconstitutional “racial gerrymanders.” A racial gerrymander exists when race — not other criteria, such as adherence to city and county boundaries, or efforts to protect a particular political party — is the “predominant factor” in how a legislature draws lines and the legislature presents no compelling reason for paying so much attention to race.

Editorials: Election Wars at the Supreme Court | Linda Greenhouse/The New York Times

While it’s been obvious for years that election law — the rules by which votes are counted, district lines are drawn and campaigns are paid for — represents a front in the culture wars, we don’t usually think of it that way. That’s because the term culture war signifies the politicization of competing belief systems — over abortion, for example, or religion or the appropriate social roles for men and women. (I use the word “belief” advisedly, recognizing that an anti-abortion position is purely opportunistic for a fair number of the Republican politicians who embrace it, including but not limited to President Trump.) The election-law wars, by contrast, aren’t about belief. They are about power: who has it, who gets to keep it. And as underscored by this week’s Supreme Court decision invalidating two North Carolina congressional districts as unconstitutional racial gerrymanders, the justices are as fully engaged in combat as anyone else.

Editorials: Iran elections still unfair and not free | Clifford D. May/Washington Times

News must be new but it needn’t be surprising. The decidedly unsurprising news out of Iran last week: There was an election (of sorts) and the winner was Hassan Rouhani, the incumbent president. An apparently mild-mannered cleric with a beatific smile, he has presided over Iran for four years — a period of egregious human rights violations, the Iranian-backed slaughter in Syria, the taking of American and other hostages, and increasing support for terrorists abroad. Nevertheless, you’ll see him described in much of the media as a “moderate.” At most he is a pragmatist, one with a keen sense of how credulous Western diplomats and journalists can be. He knows they won’t judge him based on such quotes as this: “Saying ‘Death to America!’ is easy. We need to express ‘Death to America!’ with action.”

Editorials: Maine SoS Dunlap badly mistaken in agreeing to serve on Trump voter fraud panel | Richard Hasen/Portland Press Herald

Maine Secretary of State Matthew Dunlap is making a serious mistake by agreeing to participate in a sham “voter integrity” commission established by President Trump to validate his ludicrous claims about voter fraud. But it is not too late for Dunlap to withdraw, and it’s the right thing to do. Arguments about the extent of voter fraud and voter suppression are not new, with Republicans tending to claim that voter fraud is a major problem that requires laws making it harder to register and vote, such as strict voter identification laws. Democrats see these laws as aimed at suppressing the votes of those likely to vote for Democratic candidates.

Editorials: Is Anthony Kennedy ready to put an end to partisan gerrymandering? | Mark Joseph Stern/Slate

Say what you will about Justice Samuel Alito, but the man always thinks ahead. On Monday, Alito dissented in Cooper v. Harris, the landmark 5–3 ruling that united Justice Clarence Thomas and the Supreme Court’s liberals to strike down North Carolina’s racial gerrymander. Frustrated by the progressive result, Alito penned a 34-page broadside lambasting his colleagues for accusing the state of race-based redistricting. North Carolina, Alito insisted, had gerrymandered along partisan lines, not racial ones, in an effort to disadvantage Democrats, not blacks. And partisan gerrymandering, Alito reminded us, does not violate the Constitution.

Editorials: The Tories promised to give expats the vote last year. It was a whopper | Giles Tremlett/The Guardian

In the rough-and-tumble of democracy, a general election is that magic moment when you kick out a politician who has reneged on their promises, or reward one who has fulfilled them. The genius, or cynicism, of Theresa May’s early election is that, after so few months of government, she has no real record to study. But here, for those wondering about her ability to flout any of her own government’s solemn pledges, is a whopper that has left millions of UK citizens in the lurch. In October her minister for the constitution, Chris Skidmore, made a clear and unequivocal pledgeto bring UK citizens living abroad back into the democratic fold, by allowing them to vote, before the next election. This was especially important to those whose lives are most traumatically affected by Brexit because they live elsewhere in the EU.

Editorials: ‘Pervasive’ election fraud and the man who’ll find it, even if it doesn’t exist | The St. Louis Post-Dispatch

Amid a firestorm of controversy last week over President Donald Trump’s decision to fire FBI Director James Comey, the administration announced formation of a new commission on “election integrity.” It seemed an amateurish attempt to deflect national attention from the president’s growing credibility problems regarding Russian influence on his presidential campaign and his reasons for firing the person in charge of investigating it. Doubly absurd was his naming of Kansas Secretary of State Kris Kobach to serve as the deputy head of the commission under Vice President Mike Pence. Republican Kobach’s record of attempting to suppress votes of minorities and young people in Kansas is legendary. Putting Kobach in charge of election integrity is like putting Russian President Vladimir Putin in charge of U.S. internet security.

Editorials: Trump’s commission on voter fraud is, well, fraudulent | The Washington Post

President Trump has empaneled a commission to investigate voter fraud. The real fraud is the commission itself. The Presidential Advisory Commission on Election Integrity is to be led by Vice President Pence and Kansas Secretary of State Kris Kobach. Mr. Kobach, a Republican, is a longtime champion of voter suppression laws who seconded as “absolutely correct” the president’s fabricated assertion that Hillary Clinton’s victory in the popular vote, which she won by nearly 3 million ballots, was a result of “millions of people who voted illegally.” Mr. Kobach is notorious for erecting impediments to the ballot box — specifically, ones that would disproportionately discourage and deter minority and other Democratic-leaning voters. His presence as the commission’s vice chair — Mr. Pence’s other responsibilities make it likely that Mr. Kobach will be the panel’s driving force — makes a farce of the idea that the commission’s work will be dispassionate, fair and clear-eyed.

Editorials: Donald Trump voter fraud commission ignores real problem | Joshua A. Douglas/USA Today

President Trump is doubling down on his false claims of voter fraud, fulfilling his promise to appoint a commission to study election integrity. We should see this move for what it is: a simple ploy to play into the misperceptions of his base, regardless of the evidence. More significant, if the focus of the commission is on election integrity, than it will be asking the wrong questions. We do not need a commission to tell us what we already know: Voter fraud, while existing occasionally in local races, is rare. Instead, we need to study why we make it far too hard for many people in this country to vote and what we can do to promote positive voting reforms. We need a commission on voter enhancements, not voter fraud.

Editorials: No passport, no vote: why this cynical Tory plan will suffocate democracy | Maya Goodfellow/The Guardian

Nestled among a raft of Ukip-esque anti-immigration policies in the Tory manifesto is a plan to force people to show identification when they vote. No passport, no driving licence? No vote. The Tories say this would stop electoral fraud, but statistics suggest they’re interested in making it harder for people to vote. According to data from the government’s own report of the 51.4m votes cast in all elections in 2015, there were a mere 130 allegations of voting fraud in 2015. That amounts to 0.00025% of votes. Now, these figures can’t be taken as exact; some of the allegations might be untrue, some go unnoticed. And as the Electoral Reform Society (ERS) pointed out, the report largely relies on “anecdotes and self-professed claims to have witnessed (or even just heard about) electoral fraud”. But even when taking all of this into account, you’d be hard pressed to make the case that voter fraud is in any way a significant problem in the UK.

Editorials: Trump’s Fraudulent Voter-Fraud Commission | The New York Times

President Trump’s repeated claim that “millions” of noncitizens voted illegally in the 2016 election has always been transparently self-serving — a desperate attempt to soothe his damaged ego and explain how he could have lost the popular vote to Hillary Clinton by almost three million votes. It also lined up nicely with a yearslong crusade by Republican officials to convince Americans that “voter fraud” is an actual problem. As Mr. Trump’s own lawyers have pointed out, it’s not. But that hasn’t stopped the president from trying, as he so often does, to commandeer the machinery of the federal government to justify his own falsehoods. The most recent example was his creation last week of an advisory commission whose ostensible goal is to “enhance the American people’s confidence in the integrity of the voting processes,” with an emphasis on weeding out “improper” or “fraudulent” registration and voting.

Editorials: Despite today’s Supreme Court ruling, the future looks grim for voting rights | Paul Waldman/The Washington Post

Democrats got a victory in a voting rights case at the Supreme Court today — but don’t get used to that headline. There are dark days ahead for voting rights. In today’s decision, the court didn’t actually judge the case on its merits. It declined to hear a case involving North Carolina’s vote suppression law, which had been struck down by a lower court. In the time since then, Democrats have taken over as governor and attorney general in the state and attempted to withdraw the case over the objection of the legislature, which is still in Republican hands. There’s no question that this is a victory for Democrats and anyone who cares about the right of all Americans to vote. But it’s important to understand that the North Carolina law differs from other voter restrictions Republicans have passed in that its discriminatory intent was so blatant.

Editorials: When Does Political Gerrymandering Cross a Constitutional Line? | Adam Liptak/The New York Times

The Supreme Court has never struck down an election map on the ground that it was drawn to make sure one political party would win an outsize number of seats. But it has left open the possibility that some kinds of political gamesmanship in redistricting may be too extreme. The problem, Justice Anthony M. Kennedy wrote in a 2004 concurrence, is that no one has come up with “a workable standard” to decide when the political gerrymandering has crossed a constitutional line. Finding such a standard has long been, as one judge put it, “the holy grail of election law jurisprudence.” In the coming weeks, the Supreme Court will consider an appeal from a decision in Wisconsin that may have found that holy grail. The case, Gill v. Whitford, No. 16-1161, arrives at the court in the wake of a wave of Republican victories in state legislatures that allowed lawmakers to draw election maps favoring their party.

Editorials: The Commission to Round Up the Usual Suspects | Justin Levitt/Take Care

Repeatedly, throughout the 2016 presidential campaign, Donald Trump claimed that the 2016 election was “absolutely being rigged.” Not only in the sense of an allegedly distorted media narrative, “but also at many polling places.” He specifically claimed, for example, that there was “large scale voter fraud happening on and before election day.” The assertions persisted after the election, not merely from a candidate but from the President-Elect and then President of the United States.  He stated that there was “serious voter fraud in Virginia, New Hampshire and California” (all states in which he did not prevail).  He further stated that he lost the popular vote only because 3-5 million people “voted illegally.” State and local officials actually supervising the election process have, in bipartisan fashion, consistently rebutted these claims. In litigation over recount proceedings, the President’s own attorneys consistently rebutted these claims. 

Editorials: Maryland Democrats’ faux redistricting reform | The Washington Post

With its preposterously gerrymandered congressional voting districts, Maryland is an outstanding example of why states need nonpartisan redistricting reform. But the redistricting bill that emerged this year in Annapolis — in equal parts cynical and ludicrous — makes clear that the Democrats who dominate both houses of the General Assembly there remain loath to part with the incumbent-protection racket that enables them to choose their voters and perpetuate their grip on power with scant regard for good governance. The bill, sponsored by Sen. Craig J. Zucker (D-Montgomery), is an Alphonse-and-Gaston arrangement, except that in this case there is not one Gaston but five. It would establish a nonpartisan commission to draft the state’s congressional districts — so far so good — but only if five other Eastern Seaboard states agreed in lockstep to do the same. (They are New York, New Jersey, Pennsylvania, Virginia and North Carolina.)

Editorials: Online Voting Won’t Save Democracy – but letting people use the internet to register to vote is a start | Bruce Schneier/The Atlantic

Technology can do a lot more to make our elections more secure and reliable, and to ensure that participation in the democratic process is available to all. There are three parts to this process. First, the voter registration process can improved. The whole process can be streamlined. People should be able to register online, just as they can register for other government services. The voter rolls need to be protected from tampering, as that’s one of the major ways hackers can disrupt the election. Second, the voting process can be significantly improved. Voting machines need to be made more secure. There are a lot of technical details best left to the voting-security experts who can deal with the technical details, but such machines must include a paper ballot that provides a record verifiable by voters. The simplest and most reliable way to do that is already practiced in 37 states: optical-scan paper ballots, marked by the voters, counted by computer but recountable by hand. We need national security standards for voting machines, and funding for states to procure machines that comply with those standards. This means no Internet voting.

Editorials: The Voting Technology We Really Need? Paper | Lawrence Norden/The Atlantic

In January, America’s main intelligence agencies issued a report concluding that Russia interfered in the 2016 election, using a combination of cyber-intrusion, espionage, and propaganda. In addition to the details provided in this account, media outlets have since reported that several election databases were hacked before and after the election. While the Department of Homeland Security found no evidence any of these efforts manipulated vote tallies, the assaults have left many Americans asking: Just how safe are voting machines from cyberattack? The answer is not reassuring. For more than a decade, independent security experts have repeatedly demonstrated that many electronic voting machines are dangerously insecure and vulnerable to attack and manipulation by bad actors.

Editorials: Loss of Texas straight-ticket voting will force down-ballot candidates to change strategies | Gromer Jeffers Jr./Dallas Morning News

Straight-party voting in Texas is on the way out — for now. A bill outlawing the popular practice sailed through the House and is expected to win easy approval in the Senate. If one-punch voting goes away, voters will be asked to wade through ballots containing numerous candidates, many of them obscure. In 2014, Dallas County had more than 100 candidates on a single ballot. So, many voters chose to cast a single vote for all the candidates from the party of their choice. Repealing straight-ticket voting won't have much impact on races at the top of the ballot. Voters across the state are generally aware and somewhat informed about the high-profile contests for governor and Senate. Even races like district attorney and county judge are in the minds of most voters.

Editorials: Moldova’s Proposed Electoral Change Is a Blow to Democracy. The EU Must Oppose It. | Cristina Gherasimov/Chatham House

A proposal to change to a mixed electoral system in Moldova would entrench corruption and harm the young democracy. EU and other Western governments should use their economic clout to stop it. If free and fair elections were held in Moldova today, the current ruling Democratic Party would win about 4 per cent of the vote. Under the country’s current proportional representation system, this would not secure them any seats in parliament.

Editorials: Donald Trump’s Firing of James Comey | The New York Times

The American people — not to mention the credibility of the world’s oldest democracy — require a thorough, impartial investigation into the extent of Russia’s meddling with the 2016 presidential election on behalf of Donald Trump and, crucially, whether high-ranking members of Mr. Trump’s campaign colluded in that effort. By firing the F.B.I. director, James Comey, late Tuesday afternoon, President Trump has cast grave doubt on the viability of any further investigation into what could be one of the biggest political scandals in the country’s history. The explanation for this shocking move — that Mr. Comey’s bungling of the investigation into Hillary Clinton’s private email server violated longstanding Justice Department policy and profoundly damaged public trust in the agency — is impossible to take at face value. Certainly Mr. Comey deserves all the criticism heaped upon him for his repeated missteps in that case, but just as certainly, that’s not the reason Mr. Trump fired him.

Editorials: Can math stop partisan gerrymandering? | Sam Wang and Brian Remlinger/LA Times

Of all the problems in our democracy, near the top of the list is partisan gerrymandering. Because legislators reserve for themselves the power to draw district boundaries, dozens of seats across America are uncompetitive and tens of millions of citizens are left with little influence over who represents them. This fall, the Supreme Court has an opportunity to remedy the offense — with the help of a little math. Polarization is what makes partisan gerrymandering possible. As citizens sort themselves into neighborhoods of like-minded people, self-serving legislators can draw boundaries to artfully lasso them. Such jiggery-pokery creates districts where both parties have near-guaranteed wins. But there's an asymmetry: the party in control — which in most states is the GOP — distributes its supporters to win as many districts as possible by small but safe margins, while packing the rival party’s voters tightly into far fewer districts.

Editorials: The Kremlin turns its electoral meddling to Western Europe | The Washington Post

By now it should be clear that the new normal of Russian conduct on the international stage includes tampering with elections in Western democracies to boost candidates the Kremlin believes likely to do its bidding and to harass those who won’t. Having done exactly that in the 2016 U.S. elections, President Vladimir Putin’s intelligence agencies are now directing their subterfuge at Europe, including the continent’s foremost economic powers: Germany and France. The immediate targets of Russian cyber-meddling are Emmanuel Macron, the front-runner in the second and final round of France’s presidential election, set for May 7, and think tanks associated with German Chancellor Angela Merkel, whose governing coalition faces elections this fall. Like Hillary Clinton, whose campaign was similarly in the Kremlin’s crosshairs, neither Mr. Macron nor Ms. Merkel has been shy about condemning Moscow’s aggression in Ukraine. They have backed economic sanctions against Russia that have infuriated Mr. Putin.

Editorials: Who should vote in party primaries? Contested ideas of party membership | Susan Scarrow/OUPblog

One of the many controversies that emerged in regards to fair voting in the 2016 US Presidential campaign revolved around rules in some states which required voters to choose their party primary far in advance of the actual primary election. Complaints about these rules arose in both major parties, with supporters of two insurgent candidates (Bernie Sanders and Donald Trump) claiming that rules were rigged in favor of party “establishment” candidates. A year later, these issues from spring 2016 may seem like minor – even quaint – electoral issues in light of other accusations about improprieties in the 2016 election, including President Trump’s accusations of voter fraud, and Congressional inquiries into Russian election interference. Yet the issues are worth revisiting, not least because they are likely to spark intra-party controversies in coming years as party factions strive to gain the upper hand for subsequent primary elections. Beyond the struggle for power, the question of principle is: who should be entitled to make the parties’ most important decisions?

Editorials: Why are British voters in the dark about this week’s elections? | Joe Mitchell/The Guardian

ity the local elections, overshadowed again. Last year it was the EU referendum, this year it’s a general election. Voters will make the short walk to a polling station on Thursday more out of duty than of passion. Because information is so sparse on these elections, voters will cast their ballots without truly knowing what or who they are voting for. The UK will miss yet another opportunity to improve our trust in politicians, to boost our sense of being engaged in political decisions and to strengthen our belief in our ability to create change. Any potential “Brexit bump” in political interest and awareness is unlikely: the Hansard Society’s recent audit of political engagement shows interest in, and knowledge of, politics falling to around 50%. Just 31% of citizens say they are satisfied with our system of governance.