Editorials: Argument analysis: Hitting the “sweet spot” on race, party, and redistricting? | Richard Hasen/SCOTUSblog

By the end of Wednesday’s oral argument in Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, it was not clear whether the state of Alabama or challengers to its state redistricting plan would be likely to win the racial gerrymandering claim currently before the Supreme Court. Nor was it clear how the Court would separate permissible partisan gerrymanders from impermissible racial gerrymanders. But the argument left little doubt that, one way or another and sooner or later, Alabama is likely to have a legislative districting plan which helps the state’s Republican legislators and minimizes the voting power of the state’s Democrats and African Americans. The legal landscape and factual background of this case are exceedingly complex and laid out more fully in this argument preview. The case concerns a challenge to state legislative districts drawn by the Alabama Legislature after the 2010 census. The legislature, newly controlled by Republicans, drew a redistricting plan that contained the same number of majority-minority Senate districts and one additional majority-minority House district compared to the 1990s plan drawn by a court and the 2000s plan drawn by a Democratic legislature. Because of population shifts and declines, as well as the composition of the original 2001 districts, the African-American districts were the most underpopulated of all the districts, meaning that many voters had to be shifted into these districts to comply with “one person, one vote” requirements.

Editorials: We need to amend constitution over vote issue | The Des Moines Register

Eligible voters in Iowa had the opportunity to exercise a privilege of democracy when the polls opened on Election Day, Nov. 4. Some of them chose not to participate, but thousands of others were denied the right to participate by a disputed provision in the Iowa Constitution. That provision excludes otherwise eligible voters who have been convicted of "any infamous crime," which has generally been interpreted to mean felonies. Which also means that literally tens of thousands of people who have served their time and paid their debt to society are denied one of the fundamental rights of citizenship in a democracy. The latest effort to end this denial of a fundamental right came in a lawsuit filed by the American Civil Liberties Union of Iowa three days after the election. The lawsuit on behalf of a woman with a felony record from a drug conviction seeks have her voting rights restored by a Polk County District Court judge. She argues that her criminal conviction does not meet the definition of an "infamous" crime. Beyond that, the lawsuit asks the district court to specifically define which felonies fall under the broad definition of infamous crimes for voting rights purposes.

Editorials: GOP reaps North Carolina victories from its redistricting maps | News Observer

North Carolina Republicans cheered the come-from-behind victory of their U.S. Senate candidate Thom Tillis, but they’ve been relatively silent about their overwhelming success in the state’s congressional districts. Perhaps they’re sheepish about how they arranged the big win. They should be. Republicans won the General Assembly in 2010 and with it the right to redraw the state’s election districts. They, like the Democrats before them, drew the lines to make a majority of districts tilt in their favor. But they overdid it. The results from the 2014 general election look more like an indictment of Republican manipulation of the election process than an endorsement of Republican policies. More than 2.7 million votes were cast in the Senate race, with Tillis beating U.S. Sen. Kay Hagan by fewer than 47,000 votes, or less than 2 percent of the vote. That statewide result would suggest an almost even split between Republicans and Democrats, but the political competition evaporates in the congressional districts.

Editorials: Did legislators redraw district lines to hurt Democrats or to disenfranchise black voters? | Richard Hasen/Slate

As Democrats struggled last week to salvage control of the Senate, they pushed to get as many black voters to the polls as possible, especially in the South. It’s no wonder: Blacks are the most reliable Democratic voters, and 89 percent of them ended up supporting Democratic candidates in the 2014 elections (a mark that was actually down from 2012). White voters, in contrast, came out heavily for Republicans in the South. In North Carolina, where incumbent Democrat Kay Hagan lost to Republican Thom Tillis, the GOP candidate got just 3 percent of the black vote. But as we all know, the black turnout was not high enough to beat back the Republican wave in North Carolina or elsewhere. In North Carolina in particular, black turnout was down compared with 2012. Recognizing this major overlap of race and party in the South is key to understanding Wednesday’s Supreme Court case involving a constitutional challenge to Alabama’s legislative redistricting. No one disputes that the Alabama Legislature packed black voters into a few legislative districts, thus strengthening Republican control in the majority of districts throughout the rest of the state. But whether or not that action is constitutional depends a great deal on whether the court views this as a case about race (in which case Alabama may have acted unconstitutionally) or one about party (in which case Alabama’s actions are constitutional, if unsavory politics as usual). Given current realities, this “race or party” determination is a wholly artificial exercise, but one that puts the justices in a very interesting spot.

Editorials: A vote of confidence for mail elections in Colorado | The Denver Post

While Colorado's 2014 election was primarily about the candidates and initiatives on the ballot, it was also a test of the state's all-mail ballot and vote center system. Our verdict: It was a success. Not only did Colorado buck a national trend of declining voter participation compared to the 2010 midterm election, there were no scandals involving voter fraud, which was a concern expressed by critics of mail balloting. This year, roughly 2 million voters cast ballots, an increase over the 1.8 million in 2010. That's a significant increase in participation. Of course, the number of registered voters increased by more than 350,000 during that time, too.

Editorials: Dark Money Helped Win the Senate | New York Times

The next Senate was just elected on the greatest wave of secret, special-interest money ever raised in a congressional election. What are the chances that it will take action to reduce the influence of money in politics? Nil, of course. The next Senate majority leader, Mitch McConnell, has long been the most prominent advocate for unlimited secret campaign spending in Washington, under the phony banner of free speech. His own campaign benefited from $23 million in unlimited spending from independent groups like the National Rifle Association, the National Association of Realtors and the National Federation of Independent Business. The single biggest outside spender on his behalf was a so-called social welfare group calling itself the Kentucky Opportunity Coalition, which spent $7.6 million on attack ads against his opponent, Alison Lundergan Grimes. It ran more ads in Kentucky than any other group, aside from the two campaigns.

Editorials: Ending voter suppression ahead of 2016 | Benjamin Jealous/MSNBC

For far too many Americans, voting became more difficult or, in some cases, impossible in 2014. In Texas, Imani Clark, a Black state college student and client of the NAACP Legal Defense Fund in the lawsuit that declared Texas’s strict voter ID law unconstitutional, was unable to vote with her student ID as she had in the past. Thousands of other students like Imani were also disenfranchised. In Alabama, a 92-year-old great-grandmother was disfranchised by the secretary of state’s last-minute determination that a photo ID issued by public housing authorities is not acceptable ID for voting. She had previously voted with a utility bill. These were familiar stories in each of the 14 states with restrictive voting laws that took effect for the first time during this election season. The new laws include strict photo ID requirements, significant reductions to early voting, limits on same-day registration, and more. All had two things in common: They were reactionary responses to changing demographics and had a disproportionate impact on communities of color. If it were not for the U.S. Supreme Court’s devastating June 2013 decision in Shelby County, Alabama v. Holder, many of these changes likely would have been blocked by Section 5 of the Voting Rights Act of 1965. Indeed, Texas’s photo ID measure was previously blocked from going into effect for the 2012 elections by Section 5.

Editorials: Getting out the vote | Houston Chronicle

Most Texans really don’t care to vote. Only about 28.5 percent of eligible voters turned out for Tuesday’s election. And while apathy is often blamed for poor showings at the polls, this time around, we Texans had another factor to contend with: a new voter ID law, called by many the most stringent in the country, which calls for a government-issued photo ID. The law, passed in 2011, has been controversial, with Republicans calling it a necessary safeguard against voter fraud and Democrats and civil rights advocates calling it a punitive, unnecessary measure that unfairly targets minorities and the poor, who tend to vote Democrat. After much back and forth in the courts, the U.S. Supreme Court gave it a green light just a few days before early voting started for the election. And this rancorous issue will apparently be with us for some time. The Supreme Court’s go-ahead was not a final edict; it simply allowed the law to be enforced in this election and will most certainly be challenged.

Editorials: Did Voting Restrictions Determine the Outcomes of Key Midterm Races? | Ari Berman/The Nation

Bryan McGowan spent twenty-two years in the US Marine Corps, including four tours in Afghanistan and Iraq. When he was stationed at Camp LeJeune in North Carolina from 2005 until 2010, McGowan used same-day registration to register and vote during the early voting period in the state. He relocated to Georgia in 2010 because of his military service and returned to North Carolina in 2014. On the first day of early voting this year, McGowan arrived at his new polling place in western North Carolina to update his registration and vote, like he had done in the 2008 presidential election, but this time he was turned away. North Carolina eliminated same-day registration as part of the sweeping voting restrictions enacted by the Republican legislature in the summer of 2013. The registration deadline had passed, and McGowan was unable to update his registration and vote. “All I want to do is cast my vote,” the disabled veteran said. After fighting for his country abroad, McGowan felt betrayed by not being able to vote when he returned home. Sadly, McGowan’s story was not atypical this election year. Voters in fourteen states faced new voting restrictions at the polls for first time in 2014—in the first election in nearly fifty years without the full protections of the Voting Rights Act. The number of voters impacted by the new restrictions exceeded the margin of victory in close races for senate and governor in North Carolina, Kansas, Virginia and Florida, according to the Brennan Center for Justice.

Editorials: Midterm Election Results 2014: Did Voter ID Laws Help Republicans Win The Senate Majority? | Howard Koplowitz /International Business Times

Thousands of voters in Texas, North Carolina and Georgia said they were unable to cast ballots in Tuesday's midterm elections amid growing efforts by Republicans to stamp out voter fraud. The complaints suggest that a slew of laws passed in recent years by GOP lawmakers and blasted by critics as a modern-day poll tax aimed at suppressing Democratic turnout may have influenced the results in some of the nation's most contested contents. In states that recently passed election reform laws, voters said they were turned away because they didn't have photo identification or after they showed up at the wrong precinct. Voters also complained of long lines, faulty voting machines, language hurdles and confusion over voter requirements, according to the nonpartisan coalition Election Protection. In all, the nonprofit fielded 18,000 complaints, a 30 percent increase from 2010, according to the Seattle Post‑Intelligencer. Republicans have led efforts in recent years to require photo identification and reduce or eliminate early voting or same-day voter registration because of alleged incidents of voter fraud. But critics argue that the laws suppress voter turnout of key Democratic demographics, including low-income, black, Hispanic, female and young voters.

Editorials: Online voting rife with hazards | Barbara Simons/USA Today

Today Americans are voting in an election that could shift control of the U.S. Senate and significantly impact the direction our nation will take in the next few years. Yet, 31 states will allow over 3 million voters to cast ballots over the Internet in this election, a practice that computer security experts in both the federal government and the private sector have warned is neither secure nor trustworthy. Most states' online voting is limited to military and overseas voters, but Alaska now permits all voters to vote over the Internet. With a hotly contested Senate seat in Alaska, the use of an online voting system raises serious concerns about the integrity of Alaska's election results. Alaska's State Election Division has even acknowledged that its "secure online voting solution" may not be all that secure by posting this disclaimer on its website: "When returning the ballot through the secure online voting solution, your are [sic] voluntarily waving [sic] your right to a secret ballot and are assuming the risk that a faulty transmission may occur." Unfortunately, faulty transmission is only one of the risks of Internet voting. There are countless ways ballots cast over the Internet can be hacked and modified by cyber criminals.

Editorials: Why we don’t have online voting (and won’t for a long while) | Michael Cochrane/World Magazine

Society deems the voting process so important that it must be 100 percent reliable. We may tolerate failures with our cars and computers, but not our elections. The degree to which an election is free and fair is the very heart of our representative form of democracy in the United States. Technological advancements that might make the voting process more efficient or convenient could also chip away at that integrity, which requires a voting system that is available, secure, and verifiable. At an early October panel discussion on internet voting hosted by the Atlantic Council, Pamela Smith, president of Verified Voting, addressed voting system availability. “If the equipment should happen to break down, you need something else to vote on to replace it. Otherwise people are disenfranchised by that malfunction,” she said. … “Any voting system that you use has to be able to demonstrate clearly to the loser and their supporters that they lost,” Smith said. “And to do that, you need actual evidence. Voters need to be able to see that their votes were captured the way that they meant for them to be and election officials need to be able to use that evidence to demonstrate that votes were counted correctly.”

Editorials: Dangers of Internet Voting | Kurt Hyde/New American

Yesterday’s USA Today had an article entitled "Internet Voting ‘not ready for prime time.'" The story quotes Verified Voting as saying that there are about three million people eligible to vote online in today's elections, most of them members of the military. Numerous security risks are cited that are inherent in Internet voting. Readers of The New American have often been warned about the dangers of Internet voting. For instance, the October 9, 2000 issue carried an article entitled "Voting on the Web," in which readers were told of the dangers to electoral integrity due to the inherent insecurity of the Internet. … There are a great number of security weaknesses in Internet voting: no voter-verified paper audit trail, denial of service attacks, spoofing, eavesdropping by servers along the way capturing people’s passwords and enabling verification of vote selling, just to name a few. There are also security weaknesses in the user devices such as laptops or smart phones. They include key-stroke monitors, stored passwords, and many others. There are numerous special interests in both the United  States and foreign counties for whom the outcome of our elections is of major importance. They have the resources to exploit these security weaknesses, and it’s well worth their investment.

Editorials: Elections benefit from states’ use of technology | David Becker/Boston Herald

One thing this election cycle has taught us is that although recent court battles and political arguments over voter identification laws, gerrymandering, and the Voting Rights Act tend to grab the headlines, election officials across the political spectrum are improving how well elections actually work by implementing some of the technological improvements the private sector has been using for years. Consumers — in this case, voters — want the convenience, accessibility, and mobility offered by new technologies. This has led to a quiet revolution in red and blue states alike that has made the voting process more accurate, cost-effective, and efficient. After all, we’re accustomed to using our smartphones and laptops to pay bills, book flights, and scan the news. So why not use them to register to vote or find out where to cast a ballot? A great example of this approach is online voter registration. Four years ago, citizens in only eight states, representing 12 percent of eligible voters nationwide, could register online. But as of the end of September 2014 — with registration deadlines rapidly approaching — almost 110 million of the approximately 225 million eligible U.S. voters were living in the 20 states that now offer online registration. This innovation was driven not by political partisans but by professional election administrators; pioneered by Republican election officials in Arizona and then Washington, online voter registration is now offered by states as red as Kansas and Georgia, and as blue as California and Maryland.

Editorials: A case for compulsory voting | Ruth Marcus/The Washington Post

A thought experiment in the election’s aftermath: What if, instead of focusing on making it harder for people to vote, we made voting mandatory? Indulge me in a rant against the phantom menace of voter fraud. The efforts to suppress it are barely disguised Republican moves to hold down minority votes that would, presumably, go to Democrats. This year, the Supreme Court allowed a new Texas voter-ID law to proceed despite a lower court judge’s finding that it amounted to an unconstitutional poll tax that could disenfranchise 600,000 registered voters, about 4.5 percent of the total. This in low-turnout Texas, with voting participation rates near the bottom of a country with overall anemic turnout. Pivot to Australia, one of 11 countries that have, and enforce, mandatory voting, according to the International Institute for Democracy and Electoral Assistance, and the nation most culturally similar to the United States.

Editorials: Ukraine’s rebels and the Eurosceptics: Potemkin observers | The Economist

Rebel commander Alexander Zakharchenko smiled only slightly on hearing that he had won this weekend's elections in Donetsk, Ukraine (pictured). The results were never in doubt: Mr Zakharchenko's nominal opponents openly supported him, and his face was the only one on campaign billboards. Nonetheless, eastern Ukraine's separatist republics went through the motions of democracy, including inviting international election observers. Those proved hard to find: while Russia has said it will respect the vote, America, the European Union, and the United Nations have all condemned it. The Organisation for Security and Cooperation in Europe refused to monitor the elections. The European politicians who did show up to observe were drawn from a smattering of far-right parties, including Hungary's Jobbik, France's National Front, and Italy's Forza, as well as a few far-left ones. While they may not have done much to legitimise the vote, their presence was significant as a marker of Russia's growing relationship with Europe's political fringes. The elections in the breakaway pro-Russian regions were marked by armed men standing next to ballot boxes and a disturbing absence of voter rolls. This did not bother the European observers, who pronounced the voting free and fair. Many of them had arrived in Donetsk with luggage bearing "ROV" airline tags, code for the Russian city of Rostov, where they had flown in before crossing the border by car into separatist-held territory. Russia has been courting European fringe parties for years, part of a multi-pronged strategy aimed at "undermining the EU project", argues Thomas Gomart, a Russia scholar at the French Institute of International Relations.

Editorials: To Guarantee Voting Rights, Enforce the Laws We Have | Richard Hasen/New York Times

We don’t need an amendment to the Constitution guaranteeing the right to vote. What we need is a Supreme Court guaranteeing that right through already existing parts of the United States Constitution, such as the right to equal protection. In recent years, the court unfortunately has not read the Constitution to guarantee a vibrant democracy committed to political equality. It effectively struck down a key provision of the Voting Rights Act; it gave its approval to Indiana’s strict voter identification law; it approved of laws protecting the Democratic and Republican parties from competition; and it rejected efforts to limit money in politics to promote political equality.

Editorials: Georgia’s Voting Wars | Jamelle Bouie /Slate

Standing in front of a huge David Perdue bus in a hangar at DeKalb Peachtree Airport, Sen. Johnny Isakson begged the crowd to go to the polls. “Tomorrow isn’t just about going to the polls for yourself, it’s about bringing our neighbors and friends,” he said, “Whatever you do from 7 a.m. to 7 p.m., you want to get everyone to go out and vote.” This is the typical plea of a campaign in its final stretch. But it also reflects the fundamental and driving dynamics of the Georgia’s election contests. Rapid demographic change has pushed this Southern state from a deep red—which gave 57.9 percent of its votes to George W. Bush—to a reddish purple, where the Democratic Senate candidate—Michelle Nunn, daughter of former Sen. Sam Nunn—is neck-and-neck with Republican David Perdue, and the Democratic candidate for governor—Jimmy Carter’s grandson Jason Carter—is close to a win over Nathan Deal, the Republican governor. Compared to 2010, the black share of the electorate is larger (28.8 percent versus 28.2 percent) and the white share smaller (64.2 percent versus 66.3 percent). These look like small shifts, but in a close election, they’re substantial. In an electorate with more black voters, Democrats need significantly fewer white voters to maintain a lead and get to 50 percent. What’s more, these trends are ongoing—the Georgia electorate of 2016 and 2018 will each be less white than the one that preceded it. Tuesday’s races—and the strategies pursued by both campaigns—will set the stage for the next decade of partisan fights in the state.

Editorials: Preventing votes, Romanian-style | Robert Schwartz/Deutsche Welle

The ruling socialists' approach has paid off for the time being. Their candidate, incumbent Prime Minister Victor Ponta, won the first round of voting. Whether his roughly ten percent head start will be enough for the second round is doubtful, however. Klaus Johannis, the ethnic German candidate for the liberal alliance, has a real chance of moving into the presidential palace, and not just in numbers. What matters now is who gets the votes of the 12 candidates from the first round. It's just as crucial whether the largest political group - the non-voters - will exercise their democratic right in two weeks' time. For the first round, about half of Romania's eligible voters chose to stay at home. Just like five years ago, it might be expatriate Romanians yet again who end up tipping the scales. In 2009, a clear majority voted for outgoing President Traian Basescu - to the great chagrin of the Socialists, who cried election fraud. This time, however, the Socialist government appears to have made sure that situation won't be repeated. After hours of standing in line, thousands of Romanians hoping to cast their ballot in West Europe had to return home without having voted. Not enough polling stations had been set up for the estimated two to three million Romanians who live and work abroad. Disastrous planning permitted voting at nothing but a snail's pace. When the polling stations closed right on schedule, many thousands still waiting to vote were turned away. In a European democracy, that's not what fair elections look like.

Editorials: Election conspiracy theories, an American staple | Los Angeles Times

During this 2014 midterm election season, mainstream and social media have inundated voters with tales of schemes and skulduggery. Whatever the result of Tuesday's election, many will believe that the process was rigged, the outcome is fraudulent, and they were cheated. The pattern of conspiracy theories is unfortunate but familiar. How pervasive is the belief that American elections will be swayed by improper means? Very. In 2012 we conducted surveys to gauge what Americans thought about the integrity of the system. Just before the election, we asked a national sample of respondents about the likelihood of voter fraud if their preferred presidential candidate did not win. About 50% said fraud would have been very or somewhat likely. When asked if someone was using "dirty tricks" in the election, about 85% believed that some candidate, campaign or political group was. These sentiments are not driven by members of one party or the other: Near equal numbers of Republicans and Democrats (between 40% and 50%) said fraud would be very or somewhat likely. Each side believes that if they lose, cheating is to blame, and they believe it about equally. Nobody likes losing, but it appears hard for about half the country to accept that they lost fair and square.

Editorials: Cancel the Midterms | David Schanzer and Jay Sullivan/New York Times

By Tuesday night about 90 million Americans will have cast ballots in an election that’s almost certain to create greater partisan divisions, increase gridlock and render governance of our complex nation even more difficult. Ninety million sounds like a lot, but that means that less than 40 percent of the electorate will bother to vote, even though candidates, advocacy groups and shadowy “super PACs” will have spent more than $1 billion to air more than two million ads to influence the election. There was a time when midterm elections made sense — at our nation’s founding, the Constitution represented a new form of republican government, and it was important for at least one body of Congress to be closely accountable to the people. But especially at a time when Americans’ confidence in the ability of their government to address pressing concerns is at a record low, two-year House terms no longer make any sense. We should get rid of federal midterm elections entirely. There are few offices, at any level of government, with two-year terms. Here in Durham, we elect members of the school board and the county sheriff to terms that are double that length. Moreover, Twitter, ubiquitous video cameras, 24-hour cable news and a host of other technologies provide a level of hyper-accountability the framers could not possibly have imagined. In the modern age, we do not need an election every two years to communicate voters’ desires to their elected officials. But the two-year cycle isn’t just unnecessary; it’s harmful to American politics.

Editorials: Florida’s system for restoring felons’ voting rights broken | Mark Schneider/Palm Beach Post

The Palm Beach Post has done well to inform local residents that one in 10 of their fellow Floridians is barred from the voting booth by a felony conviction. What remains less known is how broken the system for restoring voting rights has become. In Florida, both serious crimes and less serious ones, like altering a lottery card or molesting a stone crab trap, take away your voting rights for life. We are one of a very few states with this provision in our constitution, and we’re the state with by far the greatest number of felons disfranchised — 1.5 million. Our constitution does provide a way to get your voting rights back — executive clemency — but this system is overburdened. As a result of policy changes put in place in 2011, felons now have to wait five to seven years before they can apply to have their rights restored, and that’s after they have completed their sentence, their terms of supervision and any restitution requirements. When they do apply, however, many are going to have to wait a very, very long time.

Editorials: Election deception in eastern Ukraine | Bernd Johann/Deutsche Welle

Ukrainians are still scared, terrorized by the war; for that reason alone, the vote should not be considered valid. Just last week, the self-proclaimed leaders of the Donetsk and Luhansk People's Republics used this excuse to discredit Ukraine's internationally accepted parliamentary elections. And yet, these hypocritical separatists have just held their own election - right in the middle of a war zone, Kalashnikovs at the ready and with backing from Moscow. These were pseudo-elections, with the winners already fixed well in advance. Pro-Ukrainian parties and candidates were not allowed to take part in the so-called presidential and parliamentary elections. In Donetsk, even pro-Russian communists were barred from the electoral list, despite the city being one of its strongholds. In the Donetsk region, only two parties took part: Donetsk Republic and Free Donbass. Both groups have only one goal in mind: secession from Ukraine. And now they have secured, along with separatist groups in Luhansk, their uncompromising course.

Editorials: A Supreme Court Misstep On Voting Rights | Linda Greenhouse/New York Times

Two articles about young people in search of an education caught my attention last week. Both appeared in The Times on the same day. One celebrated the improbable journey of a young man “from a Rwandan dump to the halls of Harvard.” Justus Uwayesu, photographed in front of the iconic John Harvard statue in Harvard Yard, didn’t run as the other children did when a American charity worker approached them more than a decade ago as they scavenged for food. “I want to go to school,” the boy told his American rescuer. This fall, he enrolled as a freshman at Harvard. The other story reported the intervention of New York State officials in a scandalous situation in suburban school districts in the New York City area. Faced with an influx of undocumented Central American children whom immigration authorities have released to live with relatives or other sponsors, school districts in the region seem to be doing their best to keep these kids out of school.

Editorials: This is what it’s like to try to get a Voter ID when you’re disabled, poor or don’t drive | The Washington Post

What's the big deal about getting an ID? You need one, after all, to participate in society in all kinds of other ways — to drive, to get married, to buy beer. Surely the requirement to show an ID on Election Day can't be that burdensome. This is a common defense of Voter ID laws like the kind now on the books in Texas, ostensibly meant to curb voter fraud. But it glosses over the reality of life for some voters, who may struggle to get around because of disabilities, who may lack the seemingly small sums necessary to pay for documentation, who may not have the flexible scheduling to visit a government office twice, or three times, or more. Small obstacles like these are magnified in the frantic days leading up to the election — and add to this the confusion that ensues when people who have voted for years are suddenly told at their familiar polling places they don't have what they need this time.

Editorials: Methodological challenges affect study of non-citizens’ voting | Michael Tesler/The Washington Post

A recent Monkey Cage piece by political scientists Jesse Richman and David Earnest, which suggested that non-citizen voting could decide the 2014 Election, received considerable media attention over the weekend. In particular, columns such as Breitbart.com’s “Study: Voting by Non-Citizens Tips Balance for Democrats” and the National Review’s “Jaw-Dropping Study Claims Large Numbers of Non-Citizens Vote in U.S” cited results from the authors’ forthcoming Electoral Studies article to confirm conservatives’ worst fears about voter fraud in the United States. A number of academics and commentators have already expressedskepticism about the paper’s assumptions and conclusions, though. In aseries of tweets, New York Times columnist Nate Cohn  focused his criticism on Richman et al’s use of Cooperative Congressional Election Study data to make inferences about the non-citizen voting population. That critique has some merit, too. The 2008 and 2010 CCES surveyed large opt-in Internet samples constructed by the polling firm YouGov to be nationally representative of the adult citizen population. Consequently, the assumption that non-citizens, who volunteered to take online surveys administered in English about American politics, would somehow be representative of the entire non-citizen population seems tenuous at best.

Editorials: The new world of voter suppression | Los Angeles Times

A week from Tuesday, voters will choose an entirely new House of Representatives, a third of the U.S. Senate and the governors of 36 states. Lamentably, many qualified voters will stay home, some out of apathy or disillusionment but others because they lack the right sort of identification. In Texas, thanks to an outrageous order by the Supreme Court, voters will have to display a photo ID under a law that a lower court judge concluded was a deliberate attempt to disenfranchise blacks and Latinos, who disproportionately lack such identification. Welcome to the new world of voter suppression, the culmination of a sustained effort by mostly Republican state legislators to make it harder for Americans to exercise the most basic right afforded to citizens in a democracy. It's an effort whose effect, if not its intent, has been to reduce the participation at the ballot box by groups that historically have been the victims of discrimination. It has been abetted by a Supreme Court that blithely gutted an important section of the landmark 1965 Voting Rights Act and by a Congress that has been to slow to undo the damage caused by the court.

Editorials: Are Our Courts for Sale? | Joe Nocera/New York Times

One of the most shocking ads aired this political season was aimed at a woman named Robin Hudson. Hudson, 62, is not a congressional or Senate candidate. Rather, she is a State Supreme Court justice in North Carolina, seeking her second eight-year term. It wasn’t all that long ago when, in North Carolina, judicial races were publicly financed. If a candidate spent more than $100,000, it was unusual. Ads mainly consisted of judicial candidates promising to be fair. Any money the candidates raised was almost entirely local. This ad in North Carolina, however, which aired during the primary season, was a startling departure. First, the money came from an organization called Justice for All NC — which, in turn, was funded primarily by the Republican State Leadership Committee. That is to say, it was the kind of post-Citizens United money that has flooded the political system and polluted our politics. And then there was its substance. “We want judges to protect us,” the ad began. The voice-over went on to say that when child molesters sued to stop electronic monitoring, Judge Hudson had “sided with the predators.” It was a classic attack ad.

Editorials: New Jersey must set emergency voting rules | Penny M. Venetis/NorthJersey.com

Two years ago this week New Jersey was ravaged by Superstorm Sandy, which left 8.2 million households without power in 15 states and the District of Columbia. The storm killed 34 people in New Jersey. Power outages throughout the state affected 2.4 million homes and businesses. The storm displaced roughly 61,000 families in New Jersey; 346,000 homes were damaged or destroyed and 22,000 housing units were rendered uninhabitable. Even today, not all New Jersey residents left homeless by Sandy have been able to return to their homes. In response to Sandy, which hit only eight days before the 2012 presidential election, Secretary of State Kim Guadagno, the state’s head election official, implemented five emergency voting measures, ostensibly to help people vote. As detailed in the Rutgers Law School Constitutional Rights Clinic’s report: “A Perfect Storm: Voting in New Jersey in the Wake of Superstorm Sandy,” published last week, the state’s emergency measures were misguided and illegal, and left millions of votes vulnerable to manipulation.

Editorials: Why no vote fraud where ID is optional? | Richard Posner/Des Moines Register

The movement in a number of states including Wisconsin to require voters to prove eligibility by presenting a photo of themselves when they try to vote has placed an undue burden on the right to vote. Wisconsin's statute permits voters to use only a Wisconsin driver's license or Wisconsin state card, a military or tribal ID card, a passport, a naturalization certificate if issued within two years, a student ID (so long as it contains the student's signature, the card's expiration date and proof that the student really is enrolled in a school), or an unexpired receipt from a driver's license/ID application. Wisconsin does not recognize military veteran IDs, student ID cards without a signature and other government-issued IDs. A recent national survey found that millions of American citizens do not have readily available documentary proof of citizenship. Many more — primarily women — do not have proof of citizenship with their current name. The survey also showed that millions of American citizens do not have government-issued photo identification, such as a driver's license or passport. Finally, the survey demonstrated that certain groups — primarily poor, elderly and minority citizens — are less likely to possess these forms of documentation than the general population. … Consider the effect of strict voter ID laws on lawful turnout. The panel opinion does not discuss the cost of obtaining a photo ID. It assumes the cost is negligible. That's an easy assumption for federal judges to make, since we are given photo IDs by court security free of charge. And we have upper-middle-class salaries.