Editorials: Ban on contractors’ political donations upheld | Lyle Denniston

Finding that the problem of corruption in government contracting is still a major civic scandal, a unanimous federal appeals court on Tuesday rejected a new constitutional challenge to the seventy-five-year-old ban on political contributions by individuals who are hired under contract to do work for federal agencies — an increasing way that federal agency tasks get done. The sweep of the ruling by the en banc, eleven-judge U.S. Court of Appeals for the District of Columbia Circuit would also appear to support the ban as it applies to business firms with federal contracts, even though the ruling was technically limited to individuals who act as federal contractors because those were the only challengers.

Editorials: One for the people | The Economist

The biggest racket in American politics is the process by which legislative district lines are decided. In most states, the party that controls the legislature also draws the map. And in a process known as “gerrymandering”, that party typically rigs the districts to make sure its candidates prosper while rival candidates lose. Both Republicans and Democrats are guilty of producing congressional districts, like the one on the right in Massachusetts in 1812, so contorted that they have earned the names “Salamander”, “Hanging Claw” and “The Pinwheel of Death”.

Editorials: Supreme Court gives Colorado a green light to fix redistricting | The Denver Post

Now that independent redistricting commissions have the seal of approval of the U.S. Supreme Court, maybe it's time for Colorado to consider one. The high court ruled last week that Arizona voters had been within their rights when they passed a referendum stripping the legislature of its authority to draw congressional boundaries every 10 years. Voters set up an independent commission to do the job instead. The 5-4 ruling is controversial, and appears to override fairly explicit constitutional language, but it's now the law of the land. And it provides an opportunity for Colorado to reform its redistricting process and thus address what Justice Ruth Bader Ginsburg delicately called "the problem of partisan gerrymandering."

Editorials: Same day voter registration will improve New Jersey’s embarrassing turnout | Star Ledger

New Jersey had an election last month, and nobody showed up. Yes, that's an exaggeration, but just barely: The primary turnout was the lowest in 90 years. Our elected officials – who apparently want to be taken more seriously than the rest of us take them – recognize this as a trend. We avoid the polls like anthrax, so the voting reform package sent to the governor included smart proposals such as early-voting accommodation, registration for eligible residents when obtaining a driver's license, and online registration. But when the omnibus bill advanced out of committee, same-day registration – which allows for residents to register at polling places on Election Day and cast provisional ballots – wasn't in it.

Editorials: Mindlessly Literal Reading Loses Again: This Supreme Court decision is a dig at Bush v. Gore | Richard Hasen/Slate

The Supreme Court ended its term Monday with another major rejection of conservative attempts to use wooden, textualist arguments to upset sensible policies. The result in Arizona State Legislature v. Arizona Independent Redistricting Commission, which upheld the use of independent commissions to draw Arizona’s congressional districts, is a big win for election reformers and supporters of direct democracy. The Arizona decision also undermines the strongest conservative argument in favor of George W. Bush in Bush v. Gore, the case that handed him the 2000 presidential election. Monday’s 5–4 decision has much in common with last week’s blockbuster Obamacare ruling. In a 6–3 decision in King v. Burwell, the Supreme Court upheld the availability of federal subsidies for those signed up for Obamacare despite language in the health care law that could have been interpreted to give those subsidies only to those on state exchanges. The court rejected a narrow reading of the term “such exchanges” in the health care case because it saw its job not to read the text out of context but to follow broad congressional purpose. As Chief Justice John Roberts wrote for the King majority: “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”

Editorials: It’s time to make no-reason absentee voting available to all Michiganders, without restrictions | Jon Sherman/MLive.com

Election Day is the time eligible Michiganders are able to exercise one of their most fundamental American rights: the right to vote. It's the time when voters have a chance to make their voices heard. But sometimes life gets in the way on Election Day. Maybe you're working a long shift and can't take time off to get to your polling place; maybe you don't have reliable transportation; maybe you or your kids get sick and you aren't able to leave the house. Sometimes we just don't have time to get to the polls, but that doesn't mean we don't deserve to have our voice heard. Imagine that instead of having to plan ahead and wait in line at the polls on Election Day, you could cast a ballot without having to leave your home. It would certainly make voting more convenient and would help in building a democracy that represents all people in our state.

Editorials: Want to save Puerto Rico? Make it a U.S. state. | Ryan Cooper/The Week

Though the debt crisis in Greece is eating up most of the media oxygen, a somewhat similar crisis is happening in Puerto Rico. They've got way too much debt, and have been struggling badly since the 2008 financial crisis. The situation has reached a breaking point, and Governor Alejandro Padilla has flatly admitted the island colony cannot pay in full. Though it is an unlikely prospect, this is an area where the United States government can do some good. By proposing a referendum on statehood, and assisting with an orderly debt write-down, America can atone for past sins and put Puerto Rico back on an upward trajectory. The roots of the crisis are explained well in a piece by Matt Yglesias. For a number of years Puerto Rico had some odd tax advantages that allowed it to borrow extremely cheaply, and so it did, running up a debt vastly larger than any other American state. In 2006 the tax advantages were finally phased out, which made it particularly badly positioned to deal with the financial crisis only two years later. Now with the economy in deep trouble, the government is running short of cash, its citizens are emigrating for the mainland, and it will basically have to default.

Editorials: A new look at race and politics in redistricting | Lyle Denniston/SCOTUSblog

Twenty-four hours after giving constitutional backing for Arizona’s use of an independent commission to draw new election district maps for its members of Congress, the Supreme Court on Tuesday took on a case complaining that the same state agency wrongly used race and partisanship in crafting state legislative district boundaries. This was one of five new cases in which the Court granted review in the final round of regular orders before the Justices began their summer recess. Other cases dealt with public employee unionism, states’ immunity from lawsuits in other states’ courts, federal courts’ authority to hear securities cases based on state law, and Indian tribes’ rights in contracting with the federal government over public services for tribal members. All will be heard in the new Term starting in October.

Editorials: Kobach lost but voting hurdles remain | The Wichita Eagle

When the U.S. Supreme Court opted Monday not to decide whether the federal voter-registration form must account for Kansas and Arizona laws requiring proof of citizenship, it was another major legal defeat for Kansas Secretary of State Kris Kobach. Too bad the move, though welcome, won’t do much for voter participation in Kansas. The 10th U.S. Circuit Court of Appeals had ruled last November that the U.S. Election Assistance Commission need not require would-be Kansas and Arizona voters using the federal registration form to provide proof of U.S. citizenship, as per the two states’ laws. The federal form only asks applicants to swear they are citizens. Ruling that the states “have not provided substantial evidence of noncitizens registering to vote using the federal form,” the appeals court had overturned a decision by Wichita-based U.S. District Court Judge Eric Melgren siding with Kansas and Arizona.

Editorials: China’s plans for Hong Kong backfire | The Washington Post

For 79 days last year, thousands of protesters occupied major roads in Hong Kong in an attempt to force Chinese authorities to grant the territory genuine democracy. They failed. Local leaders and their overlords in Beijing refused to negotiate over an electoral plan that would allow for a popular vote for Hong Kong’s next leader but would limit candidates to nominees approved by the Communist regime. That left opposition representatives in Hong Kong’s legislature with an unappealing choice this month: Sign off on the inadequate reform or block it at the risk of freezing the current, even less democratic, system in place. “To kowtow, or to veto,” was the way opposition leader Alan Leong summed up the dilemma.

Editorials: Did Republicans kill N.C. Voter ID? | The Charlotte Observer

North Carolina Republicans did a startling and uncharacteristic thing last week: In the face of a potentially unfavorable legal outcome, they gutted a bad provision in a bad law. No, it wasn’t the state’s abortion ultrasound law, which finally died last week when the U.S. Supreme Court declined to take it up. It also wasn’t the state’s same-sex marriage amendment, which is likely to be gone for good in the next week when those same justices decide on the issue for all states. It was another, very significant law: North Carolina’s Voter Information Verification Act (VIVA), which would have required voters to show a photo ID in order to cast a ballot beginning in 2016.

Editorials: The merits of universal voter registration | Conor Friedersdorf/Los Angeles Times

Why force citizens to register in order to vote?Secretary of State Alex Padilla raised that question this year when he proposed a law that would automatically register every eligible voter with a driver's license. "One of the biggest barriers to citizen participation is the voter registration process," he said. "A new, enhanced California motor-voter law would strengthen our democracy."Many Democrats in Sacramento — and beyond — agree.Oregon's governor recently signed an automatic voter registration bill. And this month, Hillary Rodham Clinton called for automatic, universal voter registration as well as a 20-day early voting window. She also accused her Republican rivals of "a sweeping effort to disempower and disenfranchise people of color, poor people and young people from one end of our country to the other." It is generally thought that automatic voter registration would benefit Democrats and hurt Republicans. So it's safe to assume that politicians on both sides of the aisle are biased by that knowledge. Still, it's possible to set partisan considerations aside and have an apolitical, substantive debate on the issue.

Editorials: Bernie Sanders’s primary problem | Charles F. Bass/The Washington Post

Addressing hundreds of supporters while campaigning in Keene, N.H., last month, Sen. Bernie Sanders (I-Vt.) declared: “Let me tell you a secret: We’re going to win New Hampshire!” He has some reason to feel confident, given that a new poll put him just 10 percentage points behind front-runner Hillary Clinton in the Democratic presidential primary in the Granite State. But before he pops the champagne corks, I have a secret of my own to share with the senator: He may not qualify for the New Hampshire ballot as a Democrat. To understand why, let’s step back a bit. The U.S. Constitution gives Congress the power to set the time of federal elections but not the manner in which political parties choose their nominees. That process is left to the states. The New Hampshire Constitution empowers the legislature to determine the qualifications for those being elected to office (something in which I was closely involved when I chaired the committee with jurisdiction over state election law while a member of the state Senate). Pursuant to that power, state law makes clear that candidates must be registered members of the party on whose ballot line they wish to appear.

Editorials: Early Election Would Benefit Putin, Not Russia | Leonid Bershidsky/Bloomberg

Russia's former finance minister, Alexei Kudrin, came up with an interesting idea for turning Russia's recent economic woes to the country's advantage: moving up the scheduled 2017 presidential election. The problem with this suggestion -- which may have been floated as a trial balloon with the Kremlin's approval -- is that President Vladimir Putin could use it to take Russia further into the past. Kudrin, who built up the international reserves that are now helping Russia ride out a second economic crisis, lost the finance minister's job in 2011 and has since made liberal statements that went against Putin's line. The president, however, still counts him among his loyalists. During a carefully choreographed call-in session with voters in April, Kudrin asked the president about creating a new growth model for Russia. In response, Putin called their relationship "very good, practically a friendship," and said he would stick to the policies Kudrin helped formulate during his tenure: "If you and I failed to envision something, that is probably our fault, and yours, too."

Editorials: Why Russia Has Early Elections | The Moscow Times

In what has become a common political tactic in modern Russia, the next round of State Duma elections may be moved up to an earlier date than originally planned. On Monday, a bill proposing that the elections to Russia's lower house of parliament scheduled for December 2016 be pushed forward to September was submitted for consideration. Russian parliamentary elections have been held in December since 1993. However, Duma speaker Sergei Naryshkin recently said that lawmakers should now be elected before budgets are passed later in the fall. Some commentators have noted that the new timing would place campaigning in the middle of the Russian vacation season. Others have suggested that incumbent legislators may favor earlier elections to stay ahead of rising discontent over the recent economic downturn in Russia.

Editorials: Bruce Schneier movie-plot threat contest: Winning entry imagines online voting gone wrong. | Slate

Imagine this: It’s the morning of Election Day, 2020. Americans across the country cast secure, encrypted votes from their smartphones and laptops, electronically choosing their president for the first time in history. Turnout reaches record highs. Live results online show that it’s a close race between the two leading candidates. But by early afternoon, an independent candidate—a sketchy figure with ties to multiple terrorist organizations and no public support whatsoever—mysteriously takes the lead. At 4 p.m., he officially wins the election. The American people rise up in protest: Clearly, hacking, bribery, or other nefarious activity has taken place. However, because the voting software is designed with end-to-end encryption to ensure anonymity, no audit or recount is possible. America’s next president is a terrorist. This is the hypothetical scenario that won Bruce Schneier’s annual online “movie-plot threat” contest by popular vote this past weekend.

Editorials: Thousands of Voters Are Disenfranchised by North Carolina’s Voting Restrictions | Ari Berman/The Nation

A month after the Supreme Court gutted the Voting Rights Act, North Carolina passed the country’s most sweeping voting restrictions. The Supreme Court refused to block key parts of the law—cuts to early voting, the elimination of same-day registration, a prohibition on voting in the wrong precinct—just weeks before the 2014 Election. As a result of the new restrictions, there were lengthy lines and confusion at many polling places, and longtime voters were turned away from the polls. Democracy North Carolina has estimated that “the new voting limitations and polling place problems reduced turnout by at least 30,000 voters in the 2014 election.” In a new report, the group analyzed provisional ballots cast during the 2014 election and concluded that 2,344 rejected ballots would have been counted if the new restrictions were not in place.

Editorials: Ohio suffers from extreme gerrymandering | The Columbus Dispatch

Last Tuesday’s Dispatch editorial, “ Clinton off-base on Ohio voting rules,” and the Friday letter “ Clinton did not mention Ohio, Kasich” from Randall Morrison brought attention to the important issue of voter suppression. However, voter suppression is broader and more insidious than the length of early-voting rules. The real “elephant in the room” of representative democracy is gerrymandering, and Ohio represents one of the worst cases in the country. Rigged Ohio House and Senate and U.S. House district lines have resulted in Republicans controlling 12 out of 16 U.S. House seats and huge majorities in the Ohio House and Senate.

Editorials: The election reforms that could heal American democracy | Sean McElwee/Salon

Since America’s founding, the franchise has been dramatically expanded in waves: first, universal suffrage for all men (first, through the abolition of property ownership requirements for white men, then the 15th Amendment) then the expansion of suffrage to women and finally the Voting Rights Act, which abolished poll taxes and literacy tests. Today, the franchise is still under fire, from racially biased voter ID laws and felon disenfranchisement, as well as our complex registration system. Automatic voter registration and the abolition of voter ID laws could be part of the next wave of the slow march to true democracy. Recently, Hillary Clinton called out Republicans for their strategy of suppressing the vote and then called for automatic voting registration. While many pundits quickly chalked this up to an attempt to revive “the Obama coalition,” in fact, Clinton has been pushing for democracy reforms since before “the Obama coalition” existed. In 2005 she and Senator Barbara Boxer put forward the “Count Every Vote Act.” The law would have made same-day registration the law of the land, expanded early voting and made election day a holiday. In addition, Clinton has been fighting against felon disenfranchisement, though Rand Paul, who has a penchant for receiving praise for things he hasn’t done, has recently been garnering credit for his talk on the subject.

Editorials: In voting, will California finally enter the 21st century? | LA Times

The era of the neighborhood polling place with its paper voter rolls and rickety booths isn't quite over, but it is well on its way out in California. No tears will be shed here: It's high time the state entered the 21st century. That's the opinion of new Secretary of State Alex Padilla as well. Last week he unveiled his second proposal to encourage voter participation in California: a plan to send mail-in ballots to every registered voter and to encourage counties to set up voting centers for their voters to use, regardless of precinct, up to 10 days before election day.

Editorials: A California plan to boost voter turnout | Fresno Bee

Voter turnout is so abysmal in California that something has to change. So while it may not be the ultimate or perfect solution, legislators ought to seriously consider Secretary of State Alex Padilla’s proposal to overhaul how Californians vote. Padilla does not envision a statewide edict. Instead under Senate Bill 450, counties would be allowed to use a new election system starting in 2018. If all goes well, it could be expanded.

Editorials: The FEC’s cry for help | Ruth Marcus/The Washington Post

It has come to this: The chairman of the Federal Election Commission and a fellow Democratic commissioner have filed a petition asking their own agency to do its job. Don’t hold your breath. It’s not news that the campaign finance system is out of control. It’s not news that the FEC has watched, haplessly, as candidates and their super PACs have made a mockery of individual contribution limits and as a torrent of unreported “dark money” sweeps through a system premised on disclosure. The conventional narrative places the blame on the Supreme Court and its 2010 Citizens United ruling, which, along with subsequent decisions, paved the way to unlimited independent expenditures by corporations and bands of wealthy individuals (via super PACs).

Editorials: Why Americans should vote less often | Matt Bai/The Washington Post

The United States is notorious for having one of the lowest voter participation rates in the industrialized democratic world, and there is no shortage of proposals for increasing it. President Obama recently floated the idea of compulsory voting. Hillary Clinton, running to succeed him, has a plan for national automatic voter registration and expanded early voting. To the extent that Democrats are targeting actual discrimination against African Americans and other minorities, more power to them, and shame on those Republicans who would raise obstacles to turnout in a purported fight against phantom fraud. As for substantially increasing overall participation rates, however, there’s only so much that can be achieved through measures like those Obama and Clinton recommend. If we really wanted people to vote more, we would have to ask them to vote less. One of political science’s better-established findings is that “the frequency of elections has a strongly negative influence on turnout,” as Arend Lijphart of the University of California at San Diego put it in a 1997 article.

Editorials: A Voter-Fraud Witch Hunt in Kansas | Ari Berman/The Nation

In fall 2010, Kansas Secretary of State Kris Kobach held a press conference alleging that dead people were voting in the state. He singled out Alfred K. Brewer as a possible zombie voter. There was only one problem: Brewer was very much alive. The Wichita Eagle found the 78-year-old working in his front yard. “I don’t think this is heaven, not when I’m raking leaves,” Brewer said. Since his election in 2010, Kobach has been the leading crusader behind the myth of voter fraud, making headline-grabbing claims about the prevalence of such fraud with little evidence to back it up. Now he’s about to become a lot more powerful. On Monday, Kansas Governor Sam Brownback signed a bill giving Kobach’s office the power to prosecute voter-fraud cases if county prosecutors decline to do so and upgrading such charges from misdemeanors to felonies. Voters could be charged with a felony for mistakenly showing up at the wrong polling place. No other secretary of state in the country has such sweeping prosecutorial power, says Dale Ho, director of the ACLU’s Voting Rights Project.

Editorials: You can transfer your paycheck, fill out your taxes and control airplanes online. Why can’t you vote? | Bangor Daily News

You can transfer your life’s earnings between bank accounts online. You can apply for a credit card and file your tax returns online. If you’re an air traffic controller, you probably use a Web-based system to direct the planes — and people’s lives — above you. So what’s the deal with voting? Why can’t you use your phone or computer to cast your ballot remotely? Experts don’t have faith in the ability of the Internet to maintain what’s needed in a voting system: keeping your vote secret, preventing coercion, verifying your identity, allowing you to vote only once, and recording your vote correctly. If not now, though, will the option to vote online be available in the future? … Skeptics of online voting are of course concerned about security breaches. Could a third party hack into the system and interfere with an election’s results? What about the potential for violations of voter privacy?

Editorials: Why should some Native Americans have to drive 163 miles to vote? | Natalie Landreth/The Guardian

Imagine if, in the 2016 elections, you had to drive 104 miles (167 km) to your nearest polling station, like National Congress of American Indians research found those people living in the Duck Valley Reservation in Nevada do, or 163 miles (262 km), like residents of the Goshute Reservation in Utah do. Or imagine if you had to take a plane flight to the nearest polling place because you cannot get to it by road, which was the case for several Native communities in 2008, when the state of Alaska attempted a “district realignment” to eliminate polling places in their villages. That’s just half the trip. In those circumstances, can you really be said to be enjoying full voting rights? Consider, too, that many reservations do not have access to early voting, so they will have just one day on which to make that astonishingly long journey. You can imagine the line at that polling place: either it will be very long because everyone is forced to go on that same day, or very short because not many people could afford an entire day off work to vote – that is if they even have a car and a driver’s license.

Editorials: Russia’s Sham Democracy Is Fooling Nobody | Georgy Bovt/The Moscow Times

The authorities have bumped up State Duma elections from December to September 2016 as nonchalantly as if they were merely doing a routine oil change on their car. It is obvious to everyone that the Kremlin administration made this decision, reasoning that the ruling authorities could achieve a stronger win in September before everyone has returned from summer vacation than in cold and gloomy December. The shorter time frame will make it more difficult for the opposition to mount a serious campaign, and the traditionally low voter turnout in fall will work to the advantage of the authorities, who can more easily mobilize their administrative resources. Many political analysts maintain that the ruling authorities will also benefit from the fact that half of the Duma deputies come from single-seat districts. According to the rules, such candidates are not required to state their party affiliation.

Editorials: Citizens United shouldn’t get all the blame | Wendy Kaminer/The Boston Globe

Imagine This: Next year, the Supreme Court accepts a campaign finance case for review and reverses its 2010 decision in Citizens United, which struck down a ban on independent electoral spending by corporations and unions. Many Americans would cheer, in the mistaken belief that the reversal would limit — if not end — the influence of super PACs. They’d be sorely disappointed. Super PACs are not dependent on corporate funding. They’re primarily funded by super-rich individuals, whose right to devote unlimited amounts of their own money on independent expenditures (those not involving direct contributions to candidates) was confirmed by the Court in 1976, in Buckley v. Valeo. As the Brennan Center, a fierce critic of the Citizens United ruling, has acknowledged, “the singular focus on the decision’s empowerment of for-profit corporations to spend in (and perhaps dominate) our elections may be misplaced.”

Editorials: Hillary Clinton is politicizing voting rights: The Democratic frontrunner is destroying the chance for election reform by blaming all Republicans. | Richard Hasen/Slate

Hillary Clinton spoke at Texas Southern University last week, where she put forward some good and provocative ideas for improving our elections. She wants Congress to fix the part of the Voting Rights Act that the Supreme Court gutted in 2013. She wants to expand early voting periods nationally to at least 20 days. And most provocatively, she advocates automatic universal voter registration across the country, including a program to automatically register high school students to vote before their 18th birthdays. But the partisan way she’s framed the issue—by blaming Republicans for all the voting problems—makes it less likely these changes will actually be implemented should she be elected president. Instead, she’s offering red meat to her supporters while alienating the allies she would need to get any reforms enacted.

Editorials: Hillary Sides With Democracy | Jonathan Bernstein/Bloomberg View

Hillary Clinton’s call for universal automatic voter registration is a major positive development in the voting wars. She puts the national Democratic Party squarely behind Oregon’s recent innovative registration law. As Cass Sunstein says at View, Americans don't need to register with the government to be entitled to other rights; voting shouldn't be any different. It’s pretty simple: If we want everyone to participate, then voting should be easy. Voter registration in the U.S. is a real, and unnecessary, hurdle. That’s no coincidence: Registration was originally set up around the turn of the previous century in part by those concerned that the wrong kinds of people (mostly recent immigrants from southern and eastern Europe) would vote. There are plenty of ideas to make voting easier, but removing registration as a hurdle is the big one, on both a practical and theoretical level.