Editorials: Why the Voting Rights Act Likely Won’t Survive Supreme Court Review | The Nation

While the United States was grappling with whether or not to re-elect its first African-American president, Louisiana was wrestling over whether to appoint its first African-American Chief Justice for its State Supreme Court. Bernette Johnson's destiny was temporarily deferred when some of her fellow Supreme Court Justices and Gov. Bobby Jindal challenged her right to succeed retiring Chief Justice Catherine Kimball. Louisiana law dictates that the justice who's served the longest on the bench takes over as chief when the sitting one leaves. Johnson, the court's only black judge, took the bench in October of 1994, while Justice Jeffrey Victory came on in January 1995. But Victory declared he had seniority, arguing Johnson's first few years on the bench didn't count because it was a special appointment made by a federal consent decree. Indeed, Johnson's Supreme Court seat was made available because the electoral districts at the time were drawn so that no black Louisianians would ever have the kind of plurality needed to elect a candidate who represented their interests. When you're black and live in a Southern state that venerates its Confederate heritage while leading the world in locking people up, voting for a judge kinda matters to you.

Editorials: Beyond Citizens United: Fixing the American elections system | MinnPost

In post-election statements, both Sen. Amy Klobuchar and Rep.-elect Rick Nolan called for campaign finance reform. They singled out the role of big money and negative ads in campaigns, demanding among other things, an overturning of the Supreme Court's 2010 Citizens United v. Federal Election Commission. Campaign-finance reform is needed, but the American election system is broken, demanding even broader changes beyond reversing Citizens United. These changes extend to the role of money in politics, voting, and the quality of political debate and information. Citizens United is one of many Supreme Court decisions that try to define the role of money and speech in American elections. Concern that money corrupts the political process goes back to the 19th century. Beginning in 1907 with the Tillman Act, federal law made it illegal for corporations to make direct political contributions to candidates for federal office. In 1947 the Taft-Hartley Act did the same for labor unions.

Editorials: Changing Times | Linda Greenhouse/NYTimes.com

When people talked during the presidential campaign about the potential impact of the election on the Supreme Court, most meant the impact on the court’s membership: whether Barack Obama or Mitt Romney would get to fill any vacancies during the next four years. The vote on Nov. 6 settled that question, obviously, but it also raised another tantalizing one: what impact will other developments during this election season, beyond the presidential vote itself, have on the nine justices? I have two developments in mind: the vote in four states in support of same-sex marriage, and the run-up to Election Day that saw both Democrats and federal judges pushing back against Republican strategies devised to selectively minimize voter turnout. Both are directly relevant to cases on the Supreme Court’s current docket, and it’s worth at least considering whether either or both are potential game changers. If so, it wouldn’t be the first time in Supreme Court history that timing turned out to be everything.

Editorials: GOP’s gerrymandered advantages | Harold Meyerson/The Washington Post

When Republicans claim that this was a status quo election, they point to their continued hold on the House. The 2012 congressional vote, some have said, didn’t undo the party’s 2010 successes. True enough, but that’s not because Americans didn’t vote to undo them. It’s because Republicans have so gerrymandered congressional districts in states where they controlled redistricting the past two years that they were able to elude a popular vote that went the Democrats’ way last week. As The Post’s Aaron Blake reported, Democrats narrowly outpolled Republicans in the total number of votes cast for congressional candidates. The margin varies depending on whether you count the races in which candidates ran unopposed and those in which members of the same party faced off (as happened in several California districts). But any way you count it, the Democrats came out ahead — in everything but the number of House seats they won.

Editorials: Now That’s What I Call Gerrymandering! | Mother Jones

Americans woke up on November 7 having elected a Democratic president, expanded the Democratic majority in the Senate, and preserved the Republican majority in the House. That's not what they voted for, though. Most Americans voted for Democratic representation in the House. The votes are still being counted, but as of now it looks as if Democrats have a slight edge in the popular vote for House seats, 49 percent-48.2 percent, according to an analysis by the Washington Post. Still, as the Post's Aaron Blake notes, the 233-195 seat majority the GOP will likely end up with represents the GOP's "second-biggest House majority in 60 years and their third-biggest since the Great Depression."

Editorials: Philadelphia voter fraud: Is it possible that Barack Obama won 100 percent of so many precincts? | Slate Magazine

The New Black Panther Party was there, on cue. Standing outside of the 4th precinct in Philadelphia’s 14th ward, there was Jerry Jackson, a member of the leather-loving fringe group who’d signed up to be a poll watcher for the Nov. 6 election. Fox News was there, too. In 2008, the network spent hours playing and replaying a video of two Panthers glaring at a conservative poll-watcher as he filmed them. This year the network sent its own reporter, who tried to interview Jackson. “Have you been around a lot today? What's your purpose of being here?” He said nothing. The network switched to video of the 35th ward, where people waiting in a school to vote were walking past a mural of the president, even after Republicans sued to get it covered up. “This remained untouched for hours as people voted!” said reporter Eric Shawn.

Editorials: Minority voters in Texas still need to be protected | Star Telegram

Some experts say the U.S. Supreme Court's announcement Friday that it will hear a case challenging the constitutionality of the Voting Rights Act's Section 5 means this pivotal part of the 47-year-old law is dead and the court is finally ready to bury it. Some members of the court have complained about Section 5 in more than one case since Congress last renewed the VRA in 2006. Section 5 requires some states -- the key is some, not all -- to get permission, or "pre-clearance," from the Justice Department or a federal court before changing their election laws. The affected states, including Texas, are those determined under the act to have a history of discriminating against minority voters. Most are in the South.

Editorials: Sierra Leone: elections are a chance to ride the wave of economic development and democracy | IndepthAfrica

On 17 November Sierra Leoneans will go to the polls in presidential, parliamentary and local elections. Over a decade ago, after years of turmoil and unrest, Sierra Leoneans were encouraged to embrace democracy as the means of restoring peace and reviving this once flourishing West African country. Great sacrifices were made for the cause of democracy – just by voting people ran the risk of having their hands and legs chopped off. It took the largest UN peace operation and the deployment of British troops to finally bring an end to the 11 year rebel war and usher in Sierra Leone’s democracy.

Editorials: Vote over, but election dysfunction remains | CNN.com

The election is over, and it has already become easy to forget the election administration lunacy that plagued many communities this year: long waits for voting, changing legal rules even while the election was under way, misprinted ballots, incorrect instructions given to voters, and various machine breakdowns. When close elections lead to recounts and jurisdictions undergo the legal equivalent of a proctology exam, the remarkable variety of maladies that plague the American electoral system are exposed. But when a candidate's margin of victory exceeds the margin of litigation, we tend, as a nation, to rapidly develop electoral amnesia. We shouldn't need a Bush v. Gore-style heart attack, though, to shock us out of complacency about an election system that fails in its most basic functions.

Editorials: Florida’s election season chaos no joking matter | OrlandoSentinel.com

Florida became a punch line after the 2000 presidential election when pregnant and hanging chad and butterfly ballots became household words. Evidently, Gov. Rick Scott and the Republican-controlled Legislature reckoned late-night comics needed new material. Consider: In the early voting period before Election Day, Floridians languished in long lines. Ditto on Election Day; in Miami, some voters cast ballots well past the witching hour.

Editorials: Ghana Election 2012 – Ballots or Bullets? | allAfrica.com

IT IS ... days to election 2012. The anxiety of Ghanaians increase by the day, as the election approaches. Every day, the airwaves are filled with political discussions in both English and local languages. There are also individual discussions among various groups of people on different subjects of politics. The stakes in this year's elections are very high because of the players involved. There are eight presidential candidates in the upcoming December 2012 elections, but the popular view is that there are two major contenders. They are President John Dramani Mahama of the National Democratic Congress (NDC) and Nana Addo Dankwa Akuffo Addo of the New Patriotic Party (NPP).

Editorials: Fox News’s Election Coverage Followed Journalistic Instincts | NYTimes.com

It has been suggested, here and elsewhere, that Fox News effectively became part of the Republican propaganda apparatus during the presidential campaign by giving pundit slots to many of the Republican candidates and relentlessly advocating for Mitt Romney once he won the nomination. Over many months, Fox lulled its conservative base with agitprop: that President Obama was a clear failure, that a majority of Americans saw Mr. Romney as a good alternative in hard times, and that polls showing otherwise were politically motivated and not to be believed. But on Tuesday night, the people in charge of Fox News were confronted with a stark choice after it became clear that Mr. Romney had fallen short: was Fox, first and foremost, a place for advocacy or a place for news? In this moment, at least, Fox chose news.

Editorials: Ohio polls need short answer to long lines | Cincinnati.com

Long lines have almost become an Election Day fixture in Ohio and across the country, a sight that voters can reliably expect to see at the polls along with American flags, candidates shaking a few final hands and campaign teams making one last pitch. Do they have to be? The answer, many experts believe, is no. “We have to fix that,” President Barack Obama said in his victory speech early Wednesday, referring to the lengthy lines that greeted many voters at the polls.

Editorials: Five ways to make long elections lines shorter | Washington Post

“I want to thank every American who participated in this election,” President Obama said in his acceptance speech Tuesday, “whether you voted for the very first time or waited in line for a very long time.” At the mention of long waits, Obama paused. “By the way, we have to fix that.” Election Day saw news story after news story about interminable lines at polling stations. In some areas, people waited for two hours, three hours, or more. To many observers, it seemed ludicrous that a country as advanced and as wealthy as the United States can’t figure out how to hold a decent election. So what was the problem? Why do long lines persist? And is there anything Obama and Congress can do to make our voting system more efficient? I put this question to a couple of experts, and got back five broad suggestions for ways that both the states and even the federal government could improve our voting infrastructure and reduce long waits.

Editorials: New Jersey’s Vote-by-Email Meltdown | The Atlantic

When New Jersey announced over the weekend that it would allow voters displaced by the storm to vote by email or fax, many people were concerned about the possibility of hacking or other vote-tampering. "E-mail voting is insecure because it's hard to authenticate the voter, the ballots can be intercepted and changed, and the computer servers that store them can be hacked," Bloomberg reported. Additionally, the plan had provoked confusion among voters, as at first the state said no paper ballot was necessary, and later reneged, saying a mailed-in paper confirmation was also required.

Editorials: Hard to follow the money | Ruth Marcus/The Washington Post

Specialty Group Inc. of Knoxville, Tenn., has a peculiar specialty: political anonymity. The company filed for incorporation in late September. Within a few weeks, it had donated nearly $5.3 million to FreedomWorks for America, a conservative super PAC allied with former House majority leader Dick Armey. What is Specialty Group? Where does its money come from? From the public record, it’s impossible to tell. The Center for Public Integrity and the Center for Responsive Politics reported that the company’s registered agent is a Knoxville man, William S. Rose Jr.After news reports about the donation, Rose issued a statement describing Specialty as his investment firm, detailing his gripes with President Obama and assailing “prying media who seem hellbent on asking a private citizen about private facts.” He declined to answer questions about the source of the funds and described Specialty’s business as “my family secret.” And here is the most disturbing thing about the Specialty contributions: By the degraded standards of the 2012 campaign, they are a model of transparency.

Editorials: Ohio’s Crucial Election Court Fights | The New Republic

It’s a crisp, clear, and cold day in Ohio, a state that everyone believes to be critical. On the ground floor of the Ohio State University building I’m in right now, there’s a long line of students waiting to cast their votes, some for over an hour we’re told. It will be a long day for them, and it could be a long night for all of us if it’s close. Well before the first ballots were cast, the candidates and their allies were in court fighting over the rules. In Ohio, there were two especially important court orders issued in the weeks before Election Day.

Editorials: What could go wrong on Election Day? | The Detroit News

"A Republic, madam, if you can keep it." This was Ben Franklin's description of the fragile product of the new United States Constitution, in answer to a Mrs. Powel, as he left the convention hall on Sept. 17, 1787. He could as well have been describing the country on Nov. 6, 2012. We share Ben's anxiety as members of a growing number of worried computer scientists, analysts and election administrators who fear what will happen on Election Day. We worry that the nation will end up with no confidence in the election results, regardless of who wins.

Editorials: Election 2012: First the voting, then counting, then challenges | Washington Times

For those who can’t wait until the 2012 presidential election is finally over on Wednesday: not so fast. Unless one candidate wins a clear and decisive victory — an increasingly unlikely scenario, given the tightness of the polls — some political analysts predict that the final outcome could be delayed by a bevy of lawsuits, challenges and recounts. “You can bet this year is going to be marked by a ridiculous carnival of grievances,” Virginia-based GOP consultant Mike McKenna said. “I can just feel this one coming from 100 miles away. You’ve got a close election, lousy polling, lots of lawyers — it’s just not a good recipe.”

Editorials: Alabama, Texas voting rights cases keep political storms churning | Fort Worth Star Telegram

It might seem a stretch for Texas' top elected officials to be intensely interested in such minutiae as the planning commission's jurisdiction and voting boundaries in Shelby County, population almost 200,000, in the middle of Alabama. But a lawsuit that Shelby County has taken to the U.S. Supreme Court could determine Texas' flexibility under the federal Voting Rights Act. And Texas Attorney General Greg Abbott is aggressively cheering on Shelby County's claim that a key part of the 1965 law is an unconstitutional imposition on states' sovereignty.

Editorials: Could Sandy blow away the election? Don’t hold your breath | Reuters

Deadly Superstorm Sandy left millions of Americans snowed in, flooded out or stranded without power – and the federal government itself in Washington closed – just a week before voters across the country head to the polls. But if anyone is wondering whether Election Day will be put off, the answer is almost certainly no. Local U.S. elections have been postponed before – in one relatively recent example, New York put off voting that had been set for Sept. 11, 2001, because of the attacks on the country that day. But presidential balloting has always gone on, even during the Civil War in 1864 (President Abraham Lincoln was re-elected). Federal law mandates that the national vote must take place on the first Tuesday after the first Monday in November every four years.

Editorials: Election Day registration: The anti-voter ID | Salon.com

“Voter ID” has become the GOP’s weapon of choice in the fight to keep Democrats from voting, but progressives may have found an answer: Election Day registration. Virtually unknown two years ago, voter ID laws, which require citizens to present a certain form of government-issued photo identification at the polls, came into vogue when Republicans used their electoral gains in 2010 to pass them in states from Texas to Wisconsin to South Carolina. Approximately one in 10 potential voters in these states lack photo ID, according to the nonpartisan Brennan Center for Justice, without which they will not be able to cast a ballot in November. Studies have found that minorities, college students and poor voters — groups that tend to vote Democratic — will be disproportionately impacted by these new laws.

Editorials: National Popular Vote: The Recount Bugaboo | Hendrik Hertzberg/The New Yorker

I was on MSNBC's "Up With Chris Hayes" yesterday doing my Ancient Mariner harangue in favor of the National Popular Vote, along with Yale’s Akhil Reed Amar, one of the intellectual fathers of that ingenious plan, which would allow us to elect our Presidents the same way we elect governors and senators and everybody else, i.e., the candidate with the most votes wins—and would do it without messing with the Constitution. You can watch the relevant three segments. (One follows another, with unavoidable commercials.) Akhil and I managed to squeeze in most of our arguments, but right at the end Chris brought up a question we didn’t have time to fully answer: What about recounts? What if Florida 2000 were reproduced on a national scale?

Editorials: A New Right to Vote? Voter Suppression and the Judicial Backlash | The New Yorker

Is there a clear constitutional right to vote in the United States? The answer, traditionally, has been no. That’s what Republican-dominated states were banking on when they moved, after the 2010 elections, to restrict the franchise. But their campaign has seen a legal backlash against those efforts—one that may end up establishing that there is a right to vote in the U.S. after all. Many people are surprised that the Constitution contains no affirmative statement of a right to vote. Several amendments phrase the right in a negative way: the right to vote shall not be denied “on account of race” (fifteenth amendment), “on account of sex” (nineteenth), or, as long as you’re eighteen, “on account of age” (twenty-sixth, which lowered the voting age from twenty-one). But within those broad strictures, the Constitution has long been read as leaving up to the states how to register voters, conduct elections, and count the votes.

Editorials: Will Obama win Ohio thanks to Bush v. Gore? | Slate Magazine

ne part of the story of the 2012 voting wars is well known: Republican legislatures have passed a series of laws making it at least modestly harder for people to vote. These GOP-inspired rules have included limits on early voting, stricter rules for voter registration, and new voter ID laws to stamp out unproven allegations of voter fraud. Less well-known is that courts have reined in some of these excesses, including a decision to block Texas’s stringent voter ID law, an injunction putting Pennsylvania’s voter ID law on hold for this election, and a settlement  blocking the worst of Florida’s voter registration hurdles. The judicial record has been decidedly mixed. The Pennsylvania law will likely be approved by the 2014 elections, courts have allowed Republican secretaries of state to pursue purges of noncitizens from voting rolls despite ample evidence that the lists erroneously included many eligible voters, and federal courts recently refused to roll back Texas’ tough new voter registration rules.

Editorials: Could Romney-Linked Electronic Voting Machines Jeopardize Ohio’s Vote Accuracy? | Keith Thomson/Huffington Post

In 2006, a group of computer hackers reprogrammed a Dutch electronic voting machine to play chess. The Dutch government subsequently imposed a moratorium on the use of electronic voting machines. In 2009, German Federal Constitutional Court ruled the country's electronic voting systems unreliable to the point that their use was deemed unconstitutional. In June, Ireland paid a metal recycling company €70,267 to dismantle and recycle the country's €55 million worth of electronic voting machines. In the United States, 35% of this year's general election votes will be cast on electronic voting machines that, "in terms of effort required to compromise the systems, are in the same ballpark as the Irish voting machines," according to Dan Wallach, a professor in Rice University's Department of Computer Science and a computer systems security specialist. "The current voting machines were designed with insufficient attention to computer security."

Editorials: Mixed message on Pennsylvania voter ID | Philadelphia Enquirer

With all the spin, false claims, and counter-claims, elections are confusing enough. But the on-again, off-again Pennsylvania voter-ID law and the way the state has dealt with it are worse. So much confusion has been created that many voters may not show up at the polls. This is the outrageous result of bad, partisan-stained legislation bullied through the legislature so fast the Corbett administration had little time to even think about how to implement it. For the record: Voters do not need a state-sanctioned photo ID to vote in this election.

Editorials: Resolving an Election In Extra Innings | Steven F. Huefner/Election Law@Moritz

As the prospects of a close Presidential election this fall show no signs of abating, it is worth reflecting on what might – and should – happen after Election Day in the event of an election that is too-close-to-call. My colleague Ned Foley has already addressed one aspect of this “what if” scenario, namely, the possibility that a swing state like Ohio, because it has a large number of provisional ballots or late-arriving absentee ballots, may not be able to declare a winner until some ten days after Election Day. But beyond that reality of the regular election processes, what if alleged errors or mistakes in the casting or counting of ballots lead to an election contest over the outcome in a particular state? How well prepared are states to handle post-election litigation on a very compressed timetable, and under the glare of the national spotlight?

Editorials: Why have an electoral college? | latimes.com

The electoral college is one of the most controversial and ridiculed parts of the Constitution. It is not just for the obvious reasons — the "wrong winner" elections of 1876, 1888 and 2000. The college has also focused the nation's attention on a few swing states, allowing candidates to ignore a large percentage of the voters in their campaign. Today, the three largest states get little attention, except as ATMs for campaign fundraising.

Editorials: The Fraud of Voter Fraud | The Atlantic

Jane Mayer's article on the invention of the voter-fraud myth is required reading as we go into the last day's of the election. Mayer zeroes in on Hans von Spakovsky, a legal fellow at the Heritage Foundation who has been instrumental in turning gossamer, rumor and myth into state-level election law: Von Spakovsky offered me the names of two experts who, he said, would confirm that voter-impersonation fraud posed a significant peril: Robert Pastor, the director of the Center for Democracy and Election Management, at American University, and Larry Sabato, a political-science professor at the University of Virginia. Pastor, von Spakovsky noted, had spoken to the U.S. Commission on Civil Rights about being a victim of election fraud: voting in Georgia, he discovered that someone else had already voted under his name. When I reached Pastor, he clarified what had happened to him. "I think they just mistakenly checked my name when my son voted -- it was just a mistake."