Editorials: Jeb Bush Is Completely Wrong About the Voting Rights Act | Ari Berman/The Nation

t an event in Iowa today, Jeb Bush was asked whether he believed the Voting Rights Act (VRA) should be reauthorized by the Congress following the gutting of one of its most important provisions by the Supreme Court in 2013. Bush responded: “If it’s to reauthorize it to continue to provide regulations on top of states as though we’re living in 1960, because those were basically when many of those rules were put in place, I don’t believe we should do that. There’s been dramatic improvement in access to voting, exponentially better improvement, and I don’t think there’s a role for the federal government to play in most places.” Bush is wrong on multiple counts.

Editorials: America’s voting machines are in need of a serious upgrade | The Washington Post

Americans tend to replace their smartphones every two or three years. By contrast, most Americans use voting machines that are at least a decade old and based on engineering and designs from the 1990s. The perils of ignoring the latter may not be apparent until the electoral system is suddenly wracked by mishaps — think of Florida, circa 2000. Unfortunately, the likelihood of major dysfunction grows as voting machines age. It’s fair to blame Washington for a portion of the mess and assume it won’t play a critical role in the solution. Determined to avoid a reprise of the Florida mishap, Congress allocated funds and mandated the purchase of new equipment in 2002. Then, with the mandates still in place, lawmakers turned off the funding spigot, leaving state and local governments to take up the slack. In next year’s presidential election, some voting machines in 43 states will be at least a decade old and dangerously close to the end of their expected lifespan, according to a new report from the Brennan Center for Justice. In 14 states, some voters will encounter machines that are 15 or more years old, meaning they pre-date Facebook and the widespread use of flat-screen televisions.

Editorials: Africa – ‘Decisive Moment for Democracy’ | John Kerry/allAfrica.com

Last May, I shared in an extraordinary moment. I had the privilege, together with many leaders from across Africa, of bearing witness to the first peaceful, democratic transition of power between two parties in Nigeria. I traveled to Lagos earlier this year to emphasize that for the United States, Nigeria is an increasingly important strategic partner with a critical role to play in the security and prosperity of the region. I also said that it was imperative that these elections set a new standard for democracy across the continent. There is no question that this is a decisive moment for democracy in Africa. Later this month, four countries – Guinea, Tanzania, Côte d’Ivoire, and the Central African Republic – are scheduled to hold presidential elections, and soon after we hope to see elections in Burkina Faso. People across Africa must seize this opportunity to make their voices heard; and leaders across the continent must listen. The challenges are real. For decades, poverty, famine, war, and authoritarian leadership have held back an era of African prosperity and stability. These and other challenges should not be underestimated, but neither should we ignore the gains that are being made.

Editorials: Restore the right to vote for all Iowa felons | Des Moines Register

A year ago the Iowa Supreme Court issued a splintered decision on Iowans’ constitutional voting rights that left an important question for a future case. Such a case appears headed to the court, and it could restore this fundamental right to thousands of Iowans. Iowa is one of just three states — including Kentucky and Florida — that permanently disenfranchise otherwise eligible voters with a record of a felony conviction. Convicted felons in Iowa must apply to the governor for restoration of voting rights after completing their sentences. Few go to the trouble, however, which is understandable given the intimidating bureaucratic process. As a result, these Iowans are forever denied a right that is fundamental in a free society even after they have paid their debt to that society. That is wrong, but a fix will not be easy.

Editorials: The Biggest Questions Awaiting the Supreme Court | The New York Times

The court’s new term, which starts Monday, will jump right back into high-profile constitutional battles like voting rights, affirmative action and the death penalty, as well as a new attack on public-sector labor unions. And the justices may well agree to take up issues of abortion and contraception again, in cases that could further strip away reproductive rights. The decisions last term showed a court willing to take into account the effects of the law on individual lives. This term, the justices have many opportunities to show that same type of awareness. The legal principle of “one person, one vote” got its fullest expression in the 1964 case Reynolds v. Sims, which ruled that state legislative districts must contain roughly equal numbers of people. Before then, district populations varied widely, an intentional practice that gave more power to rural white voters than those in the more diverse cities. While the court has never defined who counts as a person, the vast majority of states count all people who live in a district, even if they are not eligible to vote.

Editorials: Republicans simply out for revenge on Government Accountability Board | Ernst-Ulrich Franzen/Milwaukee Journal-Sentinel

This is the week that state legislators are expected to start wreaking their revenge on the Government Accountability Board. Plans to replace the agency are in place. A suggested compromise reportedly has fallen on deaf ears. Deals reportedly have been made to move swiftly on legislation, the effect of which most likely would be to pull any semblance of teeth from this watchdog. Of course, Republican legislators pushing this effort say that wouldn’t be the case; that a new agency (perhaps two new agencies) is needed because this one has been too partisan in its oversight of ethics and elections, and that a replacement would be “fair, transparent and accountable to Wisconsinites,” in the words of a spokeswoman for Gov. Scott Walker. Forgive me if I’m skeptical. And let me add that I have little doubt that more than a few Democrats quietly support this measure simply because no politician really likes a watchdog agency that is doing its job in a truly nonpartisan fashion.

Editorials: The true cost of Voter ID: Everything you need to know about the monumental cost of voter suppression | Sean McElwee/Salon

In my recent report, “Why Voting Matters,” I show the dramatic differences in opinion between voters and nonvoters, and argue that more voter turnout would lead to more progressive policies. One of the most dramatic gaps in opinion is between white voters and non-white nonvoters (shown below). As 2016 approaches, the question of how to mobilize the political power of people of color is increasingly being discussed with the rise of groups like Black Lives Matter. Though it’s clear that voter turnout will not be enough to fully realize political equality, it can have a dramatic influence on policy. In a study released last year, political scientist Jon Rogowski and Sophie Schuit of the Brennan Center for Justice find that members of Congress representing districts covered by the preclearance provision (which was struck down by the Roberts court when it gutted the Voting Rights Act) were more supportive of civil rights legislation.

Editorials: Will Americans Vote Differently on a Touchscreen? | Shlomo Benartzi/The Daily Beast

One of the basic insights of behavioral science is that the format of a choice set—how the options are arranged on a page—can significantly shape our decisions. This is true when ordering a meal at a restaurant, but also at the ballot box, as the design of a paper ballot can influence which candidates we end up voting for. For example, studies led by Jon Krosnick at Stanford University have shown that candidates at the top of the ballot get, on average, about 2 percentage points more votes than they would have if listed farther down. This primacy effect even holds in national elections, when voters are more familiar with the candidates. When the name order of candidates was randomized on the California state ballot in the 2000 election, George W. Bush’s vote total was 9 percentage points higher in districts where his name appeared first versus last, Krosnick says. To deal with this bias, many states have begun randomizing the order of candidates, taking steps to ensure that a cognitive quirk doesn’t determine the winner of the election.

Editorials: Should Voting Be Compulsory? | William Galston & E.J. Dionne/Newsweek

When we receive a summons for jury duty, we are required to present ourselves at the court. Should we treat showing up at the polls in elections the same way? Although the idea seems vaguely un-American, it is neither unusual, nor undemocratic, nor unconstitutional. And it would ease the intense partisan polarization that weakens both our capacity for self-government and public trust in our governing institutions. It is easy to dismiss this idea as rooted in a form of coercion that is incompatible with our individualistic and often libertarian political culture. But consider Australia, whose political culture may be as similar to that of the United States as the culture of any other democracy in the world. Alarmed by a decline in voter turnout to less than 60 percent in the early 1920s, Australia adopted a law in 1924 requiring all citizens to present themselves at the polling place on Election Day. (This is often referred to as mandatory voting, although Australian voters are not required to cast marked ballots.)

Editorials: Too Many Parties on the Ballot in New York | The New York Times

New York State has two big political parties — Democratic and Republican — on its ballot as well as an assortment of smaller parties. That might seem harmless, but in the strange, convoluted netherworld of New York politics, a lot of the minor parties are useless and mysterious. They clog the ballot, warp the debate and confuse the voters. What makes this system especially confounding is that a candidate’s name can appear on two or more ballot lines. Last year, New Yorkers could vote for Gov. Andrew Cuomo on the Democratic, Working Families, Independence or Women’s Equality Party. Now, New York Republicans are trying to get rid of the Women’s Equality Party, which favors Democrats.

Editorials: Alaska will gain by providing voter registration with PFD application | Alaska Dispatch News

We live in the digital age. With a few clicks of the mouse or finger taps on a smartphone we have access to a wealth of information that was unimaginable just a few years ago. An entire generation has grown up with the Internet, and it seems like there is an app for everything. You may even be reading this on your smartphone right now. But there is one aspect of our lives that has not embraced the digital transition. And it relates to the most important aspect of our democracy: voting. For some reason, we Alaskans cannot register to vote without printing out a piece of paper and mailing it to the State Division of Elections. It is hard to believe we are still dealing with such an anachronism, especially when we have been able to apply for our annual Permanent Fund dividend (PFD) online, through a secure platform, for a decade (something over 83 percent of Alaskans now do). Fortunately, we can change this.

Editorials: In Virginia’s sham democracy, voters are robbed at the ballot box | The Washington Post

In Virginia, the incumbent protection racket known as redistricting has ensured that another all-but-meaningless season of state legislative elections has arrived, and with it the predictable response — namely, apathy and wan turnout. That’s fine by the lawmakers who drew the commonwealth’s electoral map, and who evidently prefer that voters ratify the status quo than enjoy a genuine choice at the ballot. In legislative elections in November, a Republican faces a Democrat in just 29 of the 100 races for the House of Delegates. As for those 29, most feature underfunded challengers mounting quixotic races against entrenched incumbents; they are contests in name only. The picture for the state Senate isn’t much better. A Republican faces a Democrat in just 20 of the 40 seats; perhaps a half-dozen races will wind up being genuinely competitive. (In one nominal contest, state Sen. Thomas K. Norment Jr. (R-Williamsburg), a darling of corporate lobbyists, has a war chest approaching $2 million; his Democratic opponent has less than $10,000.) Taking the two chambers together, well over half of incumbents are running unopposed.

Editorials: VW scandal and cheating software | Bruce Schneier/CNN

For the past six years, Volkswagen has been cheating on the emissions testing for its diesel cars. The cars’ computers were able to detect when they were being tested, and temporarily alter how their engines worked so they looked much cleaner than they actually were. When they weren’t being tested, they belched out 40 times the pollutants. Their CEO has resigned, and the company will face an expensive recall, enormous fines and worse. Cheating on regulatory testing has a long history in corporate America. It happens regularly in automobile emissions control and elsewhere. What’s important in the VW case is that the cheating was preprogrammed into the algorithm that controlled cars’ emissions. Computers allow people to cheat in ways that are new. Because the cheating is encapsulated in software, the malicious actions can happen at a far remove from the testing itself. Because the software is “smart” in ways that normal objects are not, the cheating can be subtler and harder to detect. We’ve already had examples of smartphone manufacturers cheating on processor benchmark testing: detecting when they’re being tested and artificially increasing their performance. We’re going to see this in other industries.

Editorials: Doubts about new redistricting case | Lyle Denniston/SCOTUSblog

The Supreme Court on Monday afternoon told lawyers involved in a new case on the constitutionality of a congressional election district in Virginia to file new briefs on whether the case can go forward in the Court. In a one-paragraph order issued along with two other procedural orders after the first Conference in advance of the new Term, the Court questioned whether current and former members of the House had a legal right to pursue their appeal. The Court has not yet agreed to hear the case, but it is in a form that would require the Court to act on it if it were properly filed. At the core of the case of Wittman v. Personhuballah is whether a sprawling District 3 was designed unconstitutionally because of the role that race played in drawing its boundaries. The only House district in Virginia with a majority of minority population, it starts north of Richmond and skips various cities on its way southward into the area around Norfolk and Newport News. It is now represented by a black Democrat, Rep. Bobby Scott. Its form has been described as resembling a “grasping claw.”

Editorials: All-In for the Primaries | Bobbie Brinegar/Huffington Post

Poll after poll shows Americans are dissatisfied with government. Last year, Congress’s job approval rating was at a near-record low of just 15 percent. In fact, dissatisfaction with government was named as the most important problem facing the country. And partisan gridlock was the number-one reason why. All this displeasure led to the lowest voter turnout in 72 years for the 2014 midterm election. It may also be why more and more Americans are calling themselves Independents.

Editorials: Volkswagen and the Era of Cheating Software | The New York Times

For the past six years, Volkswagen has been advertising a lie: “top-notch clean diesel” cars — fuel efficient, powerful and compliant with emissions standards for pollutants. It turns out the cars weren’t so clean. They were cheating. The vehicles used software that cleverly put a lid on emissions during testing, but only then. The rest of the time, the cars spewed up to 40 times the legal limit of nitrogen oxide emissions. The federal government even paid up to $51 million in tax subsidies to some car owners on the false assumption of environmental friendliness. … Computational devices that are vulnerable to cheating are not limited to cars. Consider, for example, voting machines. Just a few months ago, the Virginia State Board of Elections finally decertified the use of a touch-screen voting machine called “AVS WinVote.” It turned out that the password was hard-wired to “admin” — a default password so common that it would be among the first three terms any hacker would try. There were no controls on changes that could be made to the database tallying the votes. If the software fraudulently altered election results, there would be virtually no way of detecting the fraud since everything, including the evidence of the tampering, could be erased.

Editorials: The Many Sins of ‘Citizens United’ | Sheldon Whitehouse/The Nation

Our politics is awash in cash. Super PACs supporting presidential candidates have banked more than $250 million through June 30—nearly 10 times more than at this point in the 2012 cycle. “Dark money” from anonymous donors is also surging (dark to us, of course; you can bet the candidates know). The political network of Charles and David Koch has said that it plans to spend as much as $900 million in the 2016 election cycle, raised mostly from undisclosed donors. “For that kind of money, you could buy yourself a president,” said Republican strategist Mark McKinnon. “Oh, right,” he added. “That’s the point.” This pollution of our democracy is the product of the Supreme Court’s appalling 2010 decision in Citizens United v. Federal Election Commission. Despite decades of warnings by the elected branches of government about the dangers of corporate political corruption, and despite more than 100 years of settled law, the conservative majority made the fateful finding that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” Not stopping there, the justices went on to find that “the appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy.”

Editorials: John Roberts Dismantled the ‘Crown Jewel’ of the Civil-Rights Movement | Theodore M. Shaw/The Nation

ne of the martyrs of the civil-rights movement, Vernon Dahmer, lies in a cemetery in Hattiesburg, Mississippi. A voting-rights activist and president of the local NAACP chapter, Dahmer was killed when his home was firebombed by Klansmen five months after President Lyndon B. Johnson signed the Voting Rights Act (VRA) into law. Dahmer’s tombstone bears his famous words: “If you don’t vote, you don’t count.” Like every step along the path to racial justice, including the recent removal of the Confederate flag from South Carolina’s state Capitol, the VRA was bought and paid for with blood. Those who fought for it, like Dahmer, understood that it meant a new beginning for democracy, not an end of the need for vigilance.

Editorials: How Automatic Voter Registration Can Transform American Politics | Ari Berman/The Nation

n July 1976, while appearing with civil-rights icon John Lewis, Jimmy Carter proposed automatically registering to vote every eligible American once they turned 18, which he said would “transform, in a beneficial way, the politics of our country.” Carter’s ambitious plan never became law, but 39 years later, states like Oregon and California are embracing automatic voter registration as a bold new voting reform, potentially adding millions of new voters to the rolls. It’s a trend that warrants more attention, especially as the country celebrates National Voter Registration Day today. The Voting Rights Act of 1965 and National Voter Registration Act of 1993 enfranchised millions of new voters. After passage of the VRA, for example, the number of black registered voters in the South increased from 31 percent to 73 percent. Despite these landmark laws, 51 million Americans—1 in 4 eligible voters—are still not registered to vote. “Among eligible voters, some 30 percent of African Americans, 40 percent of Hispanics, 45 percent of Asian Americans, and 41 percent of young adults (age 18-24), were not registered to vote in the historic 2008 election,” according to Demos.

Editorials: Making voting rights automatic | The Boston Globe

This Year could serve as a turning point for the strengthening of voting rights in the modern era. And it’s not only because 2015 marks the 50th anniversary of the Voting Rights Act, which is in need of protection more than ever as some of its key provisions have come under attack. One piece of good news is that Governor Jerry Brown of California is poised to sign into law a measure that automatically registers all eligible residents to vote when they obtain their driver’s licenses. Earlier this year, Oregon became the first state to enact an automatic voter registration law, and New Jersey’s legislature recently passed a similar bill, which now awaits Governor Chris Christie’s signature. This policy has the potential to drive civic participation to higher levels. Other states should follow their lead.

Editorials: A strange reticence on redistricting | Richmond Times-Dispatch

Virginia Attorney General Mark Herring is right. So is the State Board of Elections, which his office represents. And so are Virginia’s Republican congressmen, who are co-defendants in a suit against the state. All of them either have asked federal judges to post redistricting proposals that might replace the state’s current congressional map, or have signified their assent to the request. Three U.S. District judges will redraw the state’s congressional districts after the General Assembly failed to come up with its own plan by a court-imposed deadline. A number of other interested parties, including Gov. Terry McAuliffe and various good-government groups, who are not litigants in the suit have submitted their own maps.

Editorials: Voter registration at the center of partisan voting war | Zachary Roth/MSNBC

You could be forgiven for not knowing, but Tuesday is National Voter Registration Day—a chance for eligible Americans of all stripes to register to vote. Registration is always a worthwhile goal, but this year, it’s more salient and politically charged than usual. That’s because it comes at a time when, despite record low turnout last fall, the voter registration process has been drawn into the center of a fierce partisan battle over access to the ballot. The more people who vote, the better Democrats do. As a result, with very few exceptions, one party is following a strategy of expanding the electorate, and the other is working to limit it. Officially, National Voter Registration Day has no agenda beyond signing up as many Americans as possible. But the reality is that voter registration, like so much else in today’s charged political climate, has become a subject of intense partisan conflict. That’s because these days, the more people who vote, the better Democrats do. As a result, with very few exceptions, one party is following a strategy of expanding the electorate, and the other is working to limit it.

Editorials: The Warnings About The Supreme Court’s Dangerous Campaign Finance Ruling Are Now Coming True | Paul Blumenthal/Huffington Post

Presidential candidates from both parties are going to solicit six and seven-figure contributions directly from donors for the first time in a decade, thanks to looser campaign finance rules enacted by the Supreme Court and Congress in recent years. Both parties are pushing wealthy donors to give more than $1 million for the 2016 presidential campaign, according to The Washington Post. Their efforts mark the first $1 million party campaign solicitations since the 2002 McCain-Feingold Act banned individual donors from making “soft money” donations — or unlimited contributions to political parties — in an effort to curtail opportunities for corruption. (Corporations are still banned from making “soft money” donations to parties.) The Supreme Court upheld this ban in 2003. Yet thanks to another Supreme Court ruling a decade later, as well as a congressional decision in 2014 to increase party contribution limits, Hillary Clinton’s campaign will now be able to ask single donors to contribute approximately $1.3 million over the two-year 2016 election cycle — and could potentially raise more. Her Republican rivals could follow her lead.

Editorials: Why Tomorrow May Be the Most Important National Voter Registration Day Ever | Page Gardner/Huffington Post

Ever since we started the Voter Participation Center more than a decade ago, we’ve honored National Voter Registration Day. It’s always been an important day for us, but never more so than this year. That’s because in 2016, for the first time ever, people of color, young Americans and unmarried women will likely cast over half of all the ballots in the presidential election. Think about that. For the first time in our nation’s history, the most diverse electorate ever will enter voting booths on Tuesday, November 8, 2016. They will look more like the real America, and drive their own destinies. But the first step starts tomorrow, with National Voter Registration Day. At the Voter Participation Center, we are dedicated to increasing the civic engagement of unmarried women, people of color and Millennials–the three demographic groups who comprise the Rising American Electorate (RAE), also called the New American Majority. We have helped 2.6 million Americans register to vote in the last decade, and see a direct line between registration and voting. There are about 125 million eligible voters in the RAE, or 57% of the vote-eligible population in this country. A true majority. But as our new research with Lake Research Partners makes clear, we have heavy lifting to do to make sure that the RAE is voting–and registering–in proportion to their share of the population.

Editorials: Wellington city council was wrong to think internet voting is safe | The Dominion Post

Wellington is a town of political junkies and digital hotshots. We are the coolest – and smartest – little capital. So perhaps it was obvious what the Wellington City Council would say about having internet elections here: “Of course.” But in fact the council’s decision is wrong. The risks – hacking, mainly – are too great, and the benefits – internet voting is supposed to boost voter turnout – are small. Software expert Nigel McNie warned councillors against internet voting and cited the problem of the Death Star. It had just one little hole of vulnerability, but it was big enough to let a bomb through. Now of course geeks disagree about the risk from hacking. Some say internet voting can be made safe, or as safe as can be reasonably expected. But everyone knows that no system is guaranteed against hackers.

Editorials: The Impending Crisis of Outdated Voting Technology | Lawrence Norden and Christopher Famighetti/ The Atlantic

The 2016 campaign is already underway, with nearly two dozen candidates vying to be the next president. Americans may have no idea who they will vote for next year, but they are likely confident that when they show up at the polls, their votes will count. And for the vast majority, of course, they will. But with rapidly aging voting technology, the risk of machines failing is greater than it has been in many years. In a close election, the performance of that old equipment will come under a microscope. Fifteen years after a national election trauma in Florida that was caused in significant measure by obsolete voting equipment—including hanging chads and butterfly ballots—it may be hard for many Americans to believe that the U.S. could face such a crisis again. But unless the right precautions are taken today and in the coming months and years, there is a significant risk that the story on Election Day will be less about who won or lost, and more about how voting systems failed. The looming crisis in America’s voting technology was first brought to national attention last year by President Obama’s bipartisan Presidential Commission on Election Administration (PCEA), which offered a stern warning about the “widespread wearing out of voting machines purchased a decade ago.” Over the past 10 months, the Brennan Center, where we work, surveyed more than 100 specialists familiar with voting technology, including machine vendors, independent technology experts, and election officials in all 50 states, to study how widespread this looming crisis really was.

Editorials: Russia's Latest Fake Election | Maxim Trudolyubov/The New York Times

After watching the local and gubernatorial elections in Russia on Sunday, one cannot help wondering: Why bother? Why does the Kremlin need to push the illusion of democracy when the results are predetermined? The only region where an opposition force worthy of the name was allowed to participate — in Kostroma oblast east of Moscow — saw voting marred by bullying and the arrests of anti-Kremlin candidates. No one could figure out why the Democratic Coalition, the only grouping of parties openly critical of President Vladimir Putin, was even allowed to run. All municipal, regional and gubernatorial elections in Russia are held on the same day, and in nearly all of them United Russia, the main pro-Kremlin party, was victorious. How could it lose when its candidates enjoyed access to unlimited resources and dominated the airwaves while their challengers were vilified as traitors?

Editorials: Entwining Two Rights in California: Voting and Driving | The New York Times

For all the early excitement stirred by the presidential primary contests, a greater test of democracy than the candidates’ cut-and-thrust will be voter participation, a vital statistic which dropped from 62.3 percent in 2008 to 57.5 percent in the last presidential election. In part because of a welter of obstructionist state laws, more than 90 million Americans did not bother or care to vote in 2012. The Democratic-majority Legislature in California, the most populous state, has just taken a major step toward resisting this alarming trend by approving a system of automatic voter registration for any citizen who obtains or updates a California driver’s license. Modeled on Oregon’s excellent “motor-voter” program, the new system cannot help but increase democratic participation.

Editorials: The 14th amendment and the Voting Rights Act are under attack because it is essential for racial justice | Flavia Jimenez/The Guardian

he 14th amendment and the Voting Rights Act of 1965 are two of the most important civil rights protections in our nation. The 14th amendment has been cited in more litigation than any other amendment – including landmark cases such as Brown v Board of Education. But recent racist attacks on these civil rights policies show that they are still vulnerable to erosion even after all these years. After the Voting Rights Act was gutted by the Supreme Court in the 2013 Shelby County v Holder decision, extremists have now set their sights on policies, such as the 14th Amendment, that offer protection to communities of color. Ratified in 1868, the 14th Amendment granted citizenship to “all persons born or naturalized in the United States” and endowed all such citizens with the rights of due process and equal protection of the law. The amendment was passed explicitly to clarify the citizenship of the millions of African-Americans emancipated from slavery through the passage of the 13th Amendment. Overnight, the law redefined who was considered an American c