National: Just How Much Gerrymandering Is Unconstitutional? Wisconsin Plaintiffs Want the Supreme Court to Rule. | National Journal

Every dec­ade, when state le­gis­latures across the coun­try draw dis­tricts for them­selves and their con­gres­sion­al del­eg­a­tions, some law­makers vi­ol­ate voters’ con­sti­tu­tion­al rights by pack­ing mem­bers of the minor­ity party in­to as few dis­tricts as pos­sible. At least, that’s what the Su­preme Court has hin­ted at in past rul­ings, when it wrote that ex­treme par­tis­an ger­ry­man­der­ing can vi­ol­ate voters’ First and Four­teenth Amend­ment rights to free­dom of speech and due pro­cess. The prob­lem, the Court wrote in its 2006 League of United Lat­in Amer­ic­an Cit­izens v. Perry de­cision, is that it can’t strike down ger­ry­mandered maps without some sort of tool to de­term­ine ex­actly when dis­trict bound­ar­ies are skewed so drastic­ally that they dis­crim­in­ate based on voters’ party af­fil­i­ations. The wind­ing, snake-like dis­tricts of­ten used to il­lus­trate ger­ry­man­der­ing aren’t ne­ces­sar­ily signs of ill in­tent, and it’s of­ten ne­ces­sary to have some vari­ation in how po­lar­ized or com­pet­it­ive dis­tricts are. But the Wis­con­sin-based plaintiffs in a law­suit filed this sum­mer think that they have found the for­mula that the Court has been wait­ing for. And if they man­age to push their case to the high court and win, the law­suit’s con­sequences could ex­tend from Wis­con­sin across the en­tire na­tion.

National: The First Bitcoin Voting Machine Is On Its Way | Motherboard

America’s voting machines are archaic and rundown, a recent study showed, and security experts have warned that voter machines are vulnerable to hacking. Enter Blockchain Technologies Corp, a company that hopes to replace existing proprietary machines with secure, open-source voting machines that use the blockchain, the technology behind Bitcoin. … Advocates say blockchain-based elections are transparent and secure. They’ve been tested by the Liberal Alliance in Denmark and the European Pirate Party. And now, Blockchain Technologies Corp. is developing an actual voting machine that will record votes using a blockchain. … However, there’s only so much that blockchain technology can do. “Blockchain technology can provide untamperable audit trails, but it doesn’t solve the hard problem that erroneous or malicious software in the voting machine may cast votes other than how the voter intended, and the voter will never be able to know,” explains Jeremy Epstein, senior computer scientist at SRI International who actively warned about the security of Virginia’s machines.

National: Supreme Court Justices Fear Loss of Control Over Redistricting Cases | The New York Times

At a Supreme Court argument on Wednesday about procedures in redistricting cases, the justices appeared to be trying to reconcile two conflicting impulses. They did not want to close the door entirely on challenges to gerrymandering, but they also did not want to be required to rule on them. Though the court has never rejected a voting district on the ground that it gave a political party an unconstitutional advantage, it has never ruled out that such a district might exist. On Wednesday, the court seemed inclined to endorse procedures that would at least treat such claims seriously by sending them to special three-judge courts created by a federal law for redistricting cases. But as the argument drew to a close, several justices voiced a competing concern — the law also allows direct appeals to the Supreme Court from rulings of the three-judge courts, meaning more work and less discretion for the justices.

National: Congressional Democrats Launch a New Strategy to Restore the Voting Rights Act | The Nation

The 2016 election is one year away and many states and cities hold local elections today. But not everyone will be able to cast a ballot this year or next. The 2016 election will be the first presidential election in 50 years without the full protections of the Voting Rights Act. Twenty-one states have put new voting restrictions in place since the 2010 election, with voters in 15 states facing these obstacles for the first presidential cycle in 2016, including in crucial swing states like North Carolina and Wisconsin. Legislation has been introduced in Congress to restore the Voting Rights Act (VRA) following the Supreme Court’s 2013 decision gutting the law, but neither the modest Voting Rights Amendment Act of 2014 or the more ambitious Voting Rights Advancement Act of 2015, which both have bipartisan support, have moved legislatively.

National: Election Assistance Commission Hires New Executive Director and General Counsel | EAC.gov

The United States Election Assistance Commission (EAC) announced the hiring of a new Executive Director and General Counsel for the agency today. Brian D. Newby is the agency’s new Executive Director. Mr. Newby served as the Election Commissioner in Johnson County, Kansas for the last eleven years. Newby serves on the Election Center Legislative Committee, is a member of the International Association of Clerks, Recorders, and Election Officials and is a former board member of the National Association of County Records, Election Officials, and Clerks. A Kansas City, Missouri native, Newby holds a Master’s Degree in Public Administration from the University of Missouri-Kansas City and a bachelor’s degree in communications studies from the same school.

In addition, the EAC announced the hiring of Cliff Tatum of Washington, DC as its new General Counsel today. Mr. Tatum spent the last four years at the DC Board of Elections serving as Executive Director. Tatum previously served as the Interim Director of the Georgia State Elections Division and as an Assistant Director of Legal Affairs for the Georgia Secretary of State. Previously, Tatum was an active trial attorney practicing commercial and general litigation in Atlanta, Georgia. He also served as Deputy Solicitor General for the City of East Point in the State of Georgia. Tatum is an alumnus of Thomas M. Cooley Law School and has a degree in Administration of Justice from Guilford College in Greensboro, North Carolina.

National: Three Ballot Initiatives That Could Change How Americans Vote | BillMoyers.com

While everyone is paying attention to the 2016 primary battles unfolding in both parties, its easy to forget that we have another election coming up this Tuesday, Nov. 3. And while we won’t be choosing our next president, in three places — Maine, Seattle and Ohio — voters will be able to weigh in directly, through ballot initiatives, on how their future elections will work. Both Maine and Seattle’s ballot initiatives are aimed at limiting the power that special-interest donors wield in the political process. For over a decade, Maine has been cited as a prime example that publicly financing elections can work. The state’s Clean Elections Act offers public financing to any candidate who collects enough small donations to demonstrate widespread support, and who swears off large contributions. Passed in 1996 and implemented in 2000, the system worked, with the majority of Maine’s legislators opting in. But the system was undermined by two Supreme Court decisions — Citizens United and Arizona Free Enterprise v. Bennett, the latter of which went after public financing direct

National: Review: ‘Give Us the Ballot’ a sobering look at the modern struggle for voting rights in America | Los Angeles Times

Fifty years after passage of the Voting Rights Act, “Give Us the Ballot” makes a powerful case that voting rights are under assault in 21st century America. Current events underscore the book’s timeliness. In September, Alabama announced it was closing 31 driver’s license offices, a disproportionate number of them in majority-black counties, making it even harder for African Americans to comply with Alabama’s 2011 law requiring voters to show government-issued IDs to cast ballots. As author Ari Berman points out, Alabama is one of nine Republican-controlled states to pass voter ID laws since 2010, and those are only the most blatant of restrictions that also include limits on early voting and rules that make voter registration more difficult. Efforts to roll back the act’s protections for minority voters are nothing new, Berman demonstrates; the first legal challenge to the law was filed five days after President Lyndon B. Johnson signed it in 1965. When the Supreme Court upheld the Voting Rights Act a year later, Southern legislators turned from preventing African Americans from voting to diluting their votes. Black-majority counties were consolidated with larger white ones; at-large elections and multi-member districts made it nearly impossible for African American candidates to gain office. Section 5 of the act, which required seven Southern states with histories of voting discrimination to submit any changes in their voting laws for federal review, became the Department of Justice Civil Rights Division’s instrument for preventing such manipulations.

National: Groups Want Federal Health Exchange to Register Voters, Too | The New York Times

When the Affordable Care Act’s new enrollment season begins next month, people seeking health insurance through the online federal exchange will also be offered something they may not expect: a chance to register to vote. But voting rights groups say the offer — a link to a voter registration form that they can print and mail, deep inside the application for health coverage — does not go far enough. This week, the groups accused the Obama administration of violating federal law by not doing more to ensure opportunities for voter registration through the exchange, HealthCare.gov, which serves 38 states. In a letter to President Obama, the groups said that in contrast, most of the 13 state-based insurance exchanges have worked to comply with the National Voter Registration Act. The act, also known as the “motor voter” law, requires states to offer voter registration to people applying for a driver’s license or public assistance.

National: Former lawmakers join campaign-finance fight | USA Today

A bipartisan group of former members of Congress and ex-governors is banding together to put a new spin on a long-standing cause: reducing the influence of big money in American elections. The ReFormers Caucus, as the group of more than 100 former officeholders is known, plans to kick off its effort Nov. 5 with an event on Capitol Hill. It’s all part of a push by a group called Issue One to put the spotlight on overhauling the system. Goals include boosting small donations to campaigns, finding ways to restrict political contributions from lobbyists and unmasking secret contributions made to tax-exempt groups that are active in politics.

National: Federal Election Commission Panel Delays a Decision on Spending in ’16 Races | The New York Times

The Federal Election Commission put off a decision Thursday on just how far so-called super PACs — a dominant force so far in the 2016 campaign — can go in raising millions of dollars for politicians. The inaction was not surprising for a commission often gridlocked by partisan divisions. Still, it frustrated Democratic lawyers, who had asked the commission last month for an “emergency” ruling on whether a dozen fund-raising tactics used by super PACs and politicians should be considered legal. A number of the tactics, like having super PACs host lavish fund-raisers for politicians before they actually announce their candidacies, have become common this election season, particularly among Republicans. A super PAC supporting Jeb Bush hosted him at several dozen events earlier this year before he declared himself a candidate, raising more than $100 million to support his now-flagging campaign.

National: F.E.C. Lawyers Say Common Tactics by Super PACs Should Not Be Allowed | The New York Times

Lawyers for the Federal Election Commission have concluded that some of the aggressive fund-raising tactics commonly used this campaign season by the candidates and “super PACs” should not be allowed under federal law, setting up what promises to be a heated debate Thursday on the issue between Democratic and Republican commissioners. In the draft of a legal opinion made public on Wednesday, the F.E.C. lawyers concluded that politicians can be bound by fund-raising restrictions even if they insist they have not decided whether to run and were simply “testing the waters” for a possible campaign. A politician cannot get around those restrictions simply by using a super PAC or another organization as a proxy to raise money, the lawyers concluded.

National: Obama Administration Violates Voter Registration Law On Obamacare Website, Voting Rights Coalition Alleges | International Business Times

A coalition of voting rights advocates are criticizing the Obama administration for what they consider its failure to adhere to its own voter registration law. In a letter sent to the administration Wednesday, the groups said officials have not offered registration services through the federal healthcare exchanges set up under the Affordable Care Act, as the federal law requires it to do, Talking Points Memo reported. Healthcare.gov, the website of the healthcare reform law known as Obamacare, does not ask people using the service if they would like to register to vote, said the coalition, which suggested it would take legal action. The National Voter Registration Act, the so-called Motor Voter law of 1993 law that expanded registration methods, requires that people seeking state services such driver’s licenses and ID cards, disability assistance, food stamps or Medicare get the opportunity to register to vote during the application process. “We hope to avoid litigation, but we note that the NVRA includes a private right of action,” stated the letter signed by Demos, ProjectVote and League of Women Voters. Separately, the groups have successfully sued states for not offering voter registration through public service programs, according to Talking Points Memo.

National: US turning into plutocracy as small number of donors buy into power | Irish Times

It says something about the topsy-turviness of the Republican presidential race that TV star and frontrunner Donald Trump spent more on his “Make America Great Again” hats in the last quarter than down-the-field candidate Bobby Jindal spent on his entire campaign. In the US money and politics are firmly bound in a mutually beneficial relationship. The quarterly fundraising figures are as closely watched as the day-to-day polls for indicators of how the candidates are performing. The money race is the “invisible primary” as the cash totals are used as a proxy for viability and popularity. Large numbers of small donors show broad support which can turn on big donors too. “Success begets success,” said Rick Hasen, a professor at the University of California, Irvine who specialises in election law. “Being able to show you have lots of people supporting you is a good way to get the big fish to give you money too.”

National: Voter ID foes stress legal cost in new tactic | The Philadelphia Tribune

As Voter ID law opponents continue to push back against the voter suppression strategy in the courts with mixed results, it has been a hard sell in the political war to win over hearts and minds. And with so much focus on the very obvious civil rights arguments repeatedly stressed in the drawn out legal battles over Voter ID, it remains unclear if that narrative works when translated for consumption by the larger public domain. That’s becoming problematic for Black voters. “Yes, there is a pattern heading into 2016,” Congressional Black Caucus Chair G.K. Butterfield (D-N.C.) tells the Tribune. “While voter disenfranchisement is nothing new, this is a new iteration of it that we’re very worried about. Most just don’t understand the impact.” Implementation of Voter ID laws, as well as state and local propagation of voter suppression tactics, have already become a drain on already cash-strapped government coffers. To date, Texas has already spent $8 million defending its controversial Voter ID law.

National: Some Candidates, Super PACs Draw Closer | Wall Street Journal

Republican presidential candidates are largely abandoning the caution of past campaigns in relations with the super PACs backing them, testing legal limits as the independent groups take over more functions from campaigns themselves. Super PACs, independent political organizations that stood on the fringes of the 2012 presidential election, are now moving to the center of the current campaign, changing the way presidential races are financed and run. Four years ago, the boundaries between the groups and the campaigns were clear. Now, as more money flows into super PACs instead of campaign accounts, the lines are blurring, making it hard to distinguish between the two political machines.

National: Blue States Make Voting Easier as Red States Add Restrictions | TIME

Voters in red and blue states could have very different experiences in 2016. Millions more Californians could head to the polls for the first time next year, thanks to a law passed by the Democratic legislature and signed Oct. 10 by Democratic Gov. Jerry Brown, that will automatically register eligible citizens when they renew or obtain a driver’s license. In Illinois, a new provision allows voters to register electronically when they visit various state agencies. And in Delaware, some residents with criminal records will regain the right to vote in the presidential election due to a constitutional amendment passed by the state’s Democratic-controlled legislature and signed by its Democratic governor. In Republican-controlled states, the story is different. North Carolina has instituted a new voter ID requirement. North Dakota has narrowed the forms of identification voters can present to gain access to the polls. And Ohio’s GOP-controlled legislature has instituted a new set of voting restrictions since the 2012 election, including shorter early voting hours.

National: Which States Could Adopt Automatic Voter Registration Next? | Governing

If Americans needed any further proof that voting itself has become a partisan battleground, look no further than proposals calling for automatic voter registration. California this month enacted a law that will automatically register people to vote when they get or renew a driver’s license or state identification card from the Department of Motor Vehicles (DMV), following the example set by Oregon several months ago. Over time, this could bring most of the 6.6 million Californians who are eligible but not yet registered onto the voting rolls. Alex Padilla, California’s secretary of state and sponsor of the measure, calls it potentially the largest voter registration drive in U.S. history. Other states could soon follow. Legislators have introduced automatic voter registration bills in 16 additional states, including Hawaii, Illinois and Vermont, as well as the District of Columbia. New Jersey lawmakers approved a package that includes automatic voter registration in June. Republican Gov. Chris Christie hasn’t acted on it, but he’s made his opposition clear.

National: Why Gerrymandering Is Responsible for the GOP’s Speaker Crisis | Wall Street Journal

With their 247 seats in the House, the largest GOP majority since 1930, Republicans should have no problem pushing their agenda and agreeing upon a speaker to lead them. But here’s the rub: The Republicans are victims of their own success – gerrymandering success. Their commanding majority in the House is to some extent artificial. Only a few House Republicans represent districts where they hear divergent views, a situation that reinforces their mistaken belief that a majority of Americans agree with them and their agenda for the nation. A recent Pew Research Center survey showed more Americans believe the Democrats are better able to handle domestic policy issues and only 32% of Americans have a favorable view of the Republican Party. Another Pew poll showed that only 23% of Americans identify as Republicans. More than 40% of voter csonsider themselves independents, and when they are asked to say which party they lean toward more often and are included with strong partisans, only 39% of Americans say they favor GOP views versus 48% who agree with Democrats.

National: Republicans to charge media to cover 2016 convention | Associated Press

Representatives for news organizations who plan to cover next summer’s convention are protesting a move by the Republican National Committee to charge news media organizations a $150 access fee for seats on the press stand. Seats on risers constructed for newspapers, magazines, wire services and online print publications have been awarded without charge in the past. Representatives for daily and periodical press galleries in the Capitol protested Monday that the media “should not be charged to cover elected officials at an event of enormous interest to the public.” The four-day event will be held in Cleveland’s Quicken Loans Arena.

National: Voting Machines Are Aging, But Don’t Expect Congress To Pay To Replace Them | NPR

Don’t expect Congress to shell out any money when it comes to replacing aging voting equipment. That’s what Christy McCormick, chairwoman of the U.S. Election Assistance Commission (EAC), says her agency is telling state and local election officials, even though a bipartisan presidential commission warned last year of an “impending crisis.” “We’re telling them that, from what we understand, there won’t be any more federal funding coming to help them,” McCormick said in an interview with NPR. And that’s a problem because election officials around the country are worried about breakdowns as voting machines purchased after the 2000 presidential election near the end of their useful lives. Much of the equipment is already outdated. Some officials have even had to resort to sites such as eBay to find spare parts. The Brennan Center for Justice estimates that it will cost about $1 billion to buy replacement machines. But state and local budgets are tight. And Congress has shown no sign that it’s willing to foot the bill as it did more than a decade ago, when punch-card voting equipment was replaced nationwide.

National: Study: U.S. voters face shorter waits, but voting methods are changing | Atlanta Journal Constitution

New data from the 2014 midterm elections show a vast majority of national voters waited 10 minutes or less to cast their ballot, while a surprising number of people who requested mail ballots either didn’t vote or returned their ballot in ways other than by mail. In short, states have gotten better at getting voters in and out of the polls quickly. But with mail voting increasing in popularity, both voters and election officials still face planning challenges when it comes to absentee and mailed ballots. The report from the Pew Charitable Trusts comes as the nonpartisan research and public policy organization readies a comprehensive review of how each state fared during the 2014 election. That “elections performance index” is due out at the beginning of next year, ahead of the 2016 presidential election.

National: A.C.L.U.’s Own Arguments May Work Against It in Voting Rights Case | The New York Times

The American Civil Liberties Union weighed in last month on this term’s big Supreme Court voting rights case, the one that will decide the meaning of “one person, one vote.” It took the position embraced by most liberals: that states should be allowed to count everybody in drawing election districts, including unauthorized immigrants, rather than only people eligible to vote. But the group seemed to take the opposite position in a pair of recent lawsuits it filed in Rhode Island and Florida, in which it objected to counting prisoners when drawing voting districts. Counting prisoners in one district, the lawsuits said, “dilutes the voting strength and political influence” of eligible voters in other districts. There may be good reasons for treating prisoners differently from other people who cannot vote. But it is also true that counting prisoners, often housed in rural areas, tends to amplify the power of Republican voters. Counting unauthorized immigrants, who often live in urban areas, generally helps Democrats.

National: Super-PAC rules are super-vague | The Columbus Dispatch

Even on the nearly lawless frontier of bankrolling 2016 presidential campaigns, everyone agrees one important rule remains. Coordination is not allowed between a candidate’s official campaign organization and the mysterious entities dubbed super-PACs, or political-action committees that now fuel runs for the White House. There’s just one problem: Almost no one agrees exactly what coordination means. For example, leaders of John Kasich’s official campaign team and his super-PAC considered it legal to work together until virtually the minute the Ohio governor officially announced his presidential candidacy in July. But Jeb Bush’s super-PAC execs, fearful of violating the no-coordination rule, divorced themselves a week or two before the former Florida governor’s formal declaration.

National: Jeb Bush and Ben Carson Split on Voting Rights Act | The New York Times

Two leading Republican presidential candidates expressed divergent views on the Voting Rights Act on Thursday, setting up a split within a party that has been accused of seeking to suppress minority voter turnout in the name of combating fraud at the polls. Asked about the law at a forum in Des Moines, Mr. Bush said he was uncomfortable placing “regulations on top of states as though we’re living in 1960.” “There’s been dramatic improvement in access to voting,” he said, adding, “I don’t think there’s a role for the federal government in play in most places — there could be some — but in most places where they did have a constructive role in the ′60s.”

National: This Supreme Court Case Could Upend The Way Democracy Works | Huffington Post

The Supreme Court this term could change how states meet the basic democratic goal of “one person, one vote.” Ironically, a victory for the conservative plaintiffs who brought the case may turn on a national survey that Republicans have tried to eliminate. In the Supreme Court case of Evenwel v. Abbott, the plaintiffs argue that the votes of eligible voters — like themselves — are unconstitutionally diluted because Texas counts non-voters when drawing its legislative districts. Specifically, Texas uses “total population” data, which include such non-voters as children, inmates, former felons who haven’t had their voting rights restored and non-citizen immigrants. The plaintiffs, backed by the activist nonprofit Project on Fair Representation, want the Supreme Court to rule that states must draw their legislative districts based instead on the number of voting-age citizens or registered voters. The likely outcome of that ruling would be to shift power away from cities — which tend to have more children, non-citizen immigrants and Democrats — and toward rural and suburban areas — which skew older, whiter, richer and Republican.

National: Hoyer: Alabama DMV Closures Prove That Voting Rights Act Must Be Restored | TPM

House Minority Leader Steny Hoyer (D-MD) renewed his call for the restoration of the Voting Rights Act, suggesting Monday that it would have stopped Alabama from implementing a law requiring a photo ID at the ballot box. Scrutiny of the voter ID law has increased with the announcement that Alabama will close 31 driver’s licenses offices in the state – many in rural counties with a high percentage of black residents – which voting rights advocates fear will make it harder for African-Americans to obtain the IDs required vote. “The Voting Rights Act was born from the bloody actions in Selma, Alabama, in March 1965, and since the Supreme Court struck down one of its most important protections – the federal Justice Department’s ability to prevent discriminatory rules like Alabama’s photo identification requirement – our democracy has been weakened,” Hoyer said in a statement Monday evening.

National: Super PACs stretch the rules that prohibit coordination with presidential campaigns | Los Angeles Times

Long before Ben Carson jumped into the presidential race, some of his biggest fans were scouring the country for supporters. They set up a super PAC and began sending out brochures, eventually attracting thousands who signed up and gave money. When Carson actually got around to running, his campaign used those names to jump-start his early fundraising, according to John Philip Sousa IV, great-grandson of the composer and chairman of the 2016 Committee, a super PAC backing Carson. “It was that list that launched his campaign,” Sousa said, saying those names helped Carson build his $20 million in contributions.

National: Does same-day registration affect voter turnout in the U.S.? | PBS

Nationally, some experts say policies governing the voting process in the United States prevent eligible voters from getting to the polls on Election Day. After the Supreme Court overturned a key part of the Voting Rights Act, officials in North Carolina grappled with the passage of a new voter ID law and a reversal of many voting procedures civil rights leaders spent years trying to win. “This is our Selma,” Rev. William Barber, a Protestant minister and political leader in the state, told PBS NewsHour. “We’re talking about taking away rights that people have utilized in elections, some since 2000.”

National: In Menendez case, Citizens United also on trial | Philadelphia Inquirer

The corruption case against New Jersey Sen. Robert Menendez has become a battleground over the controversial Supreme Court decision that allowed the flood of campaign money that is reshaping elections. In legal filings and a recent ruling, defense attorneys, prosecutors, and a district court judge have jousted over the limits of the 2010 Citizens United ruling, which opened the door to unlimited donations to independent political groups, such as super PACs and campaign-minded nonprofits. The Menendez case is the first since the decision to use super-PAC donations as the basis for corruption charges against a lawmaker. It has touched a raw nerve in the debate over the influence of independent expenditures, said Kenneth Gross, a lawyer specializing in campaign finance.