National

Both the Republicans and the Democrats are preparing for some tough races that could go all the way to recounts, by hiring armies of election lawyers. According to Bloomberg Politics, the Republican National Lawyers Association is training upwards of 1,000 lawyers in a series of 50 sessions leading up to election day, to deal with any legal issues that should come up on November 4. This is in addition to the legal teams held by national party committees and the thousands of volunteer lawyers, from advocacy groups and lobbying firms, that are ready to step in if the need arises. The Democrats meanwhile, have a full time staff of trained lawyers focusing on poll access across 23 states. The DNC is requiring that their poll workers use mobile app “incident trackers” to quickly communicate with state party directors about anything that takes place on election day that could effect the way people vote – from broken ballot counters to bad weather, as well as more nefarious instances of potential vote tampering. These apps will then allow party leaders to send out mass emails to registered voters about possible changes in voting places or extended voting hours.

National: Want Your Absentee Vote To Count? Don’t Make These Mistakes | NPR

Millions of voters — about 1 in 5 — are expected to vote absentee, or by mail, in November’s midterm elections. For many voters, it’s more convenient than going to the polls. But tens of thousands of these mail-in ballots are likely to be rejected — and the voter might never know, or know why. The U.S. Election Assistance Commission found that in 2012 more than a quarter of a million absentee ballots were rejected. The No. 1 reason? The ballot wasn’t returned on time, which in most states is by Election Day. Sometimes it’s the voter’s fault. Others blame the post office.

National: GOP Group Readies 1,000-Lawyer Army for Election Day | Bloomberg

Unlike most Election Days, this one has a decent chance of ending without a clear winner. Blame the excruciatingly tight races around the country that could lead to recounts, the two potential runoffs that may dictate control of the U.S. Senate, and the Supreme Court for taking action on state voting laws just weeks before Election Day. But one thing is clear: an army of lawyers is readying for kind of battle not witnessed since Florida in 2000. The weeks and months leading up to this year’s midterms have meant a mix of heavy preparation, equally heavy anxiety and a lot of waiting for a subset of the legal community. In an ideal world, their services will never be needed. In a worst case scenario, their skills may determine the trajectory of the U.S. government for years to come.

National: Republicans in tight midterm races use election rules changes to increase odds | The Guardian

In 2007 Charlie Crist, the then Republican governor of Florida, astonished political friend and foe alike by putting a stop to what he saw as the state’s iniquitous practice of withholding the vote from released prisoners. He announced that non-violent former felons who had done their time would automatically have their right to vote restored to them. It was no small affair. In Florida, 1.3 million people have prior felony convictions, making this a very sizeable chunk of a total eligible electorate of 11 million. Former felons are disproportionately drawn from poor and minority communities, and as such, if they vote at all, they tend to lean Democratic, making the decision by a Republican governor all the more remarkable. But it didn’t last long. Four years later, Crist’s successor as governor, the Tea Party favourite Rick Scott, made a point of reversing the decision. That could prove crucial on 4 November for Florida’s GOP candidates, not least for Scott himself, who is in a bitter fight for re-election, with polls putting him neck-and-neck with his challenger – none other than Charlie Crist, now standing as a Democrat.

National: Chris Christie Wants GOP Governors in Charge of “Voting Mechanism” for 2016 | The Nation

As the chairman of the Republican Governors Association and the self-appointed surrogate-in-chief for the Grand Old Party’s candidates for the top jobs in states across the country this fall, Chris Christie has plenty of reasons to want embattled governors like Florida’s Rick Scott and Wisconsin’s Scott Walker to be reelected. Yes, yes, Christie says he wants to stop talking about raising the minimum wage. Yes, he wants to “start offending people” — like school teachers and their unions. But that’s not all; the governor of New Jersey has another goal. Among the reasons he mentions for electing Republican governors, says Christie, is a desire to put the GOP in charge of the “voting mechanism” of likely 2016 presidential battleground states such as Florida and Wisconsin and Ohio. In a speech to the US Chamber of Commerce’s Institute for Legal Reform this week, Christie acknowledged a fact that politicians often avoid: the governor of a state, particularly a governor with allies in the legislature and key statewide posts, can play a big role in deciding how easy or how hard it is for working people, minorities, seniors and students to vote. The governor, who despite his many scandals still seems to imagine himself as a 2016 Republican presidential prospect, described the gubernatorial — and presidential — stakes to the friendly crowd.

National: Republicans Set to Gain From Laws Requiring Voter IDs | Bloomberg

October 22, 2014

Republicans are poised to gain next month from new election laws in almost half the 50 U.S. states, where the additional requirements defy a half-century trend of easing access to the polls. In North Carolina, where Democratic U.S. Senator Kay Hagan’s re-election fight may determine the nation’s balance of power, the state ended same-day registration used more heavily by blacks. A Texas law will affect more than 500,000 voters who lack identification and are disproportionately black and Hispanic, according to a federal judge. In Ohio, lawmakers discontinued a week during which residents could register and vote on the same day, which another judge said burdens lower income and homeless voters. While Republicans say the laws were meant to stop fraud or ease administrative burdens, Democrats and civil-rights groups maintain they’re aimed at damping turnout by blacks, Hispanics and the young, who are their mainstays in an increasingly diverse America. Texas found two instances of in-person voter fraud among more than 62 million votes cast in elections during the preceding 14 years, according to testimony in the federal case. “You’re seeing the use of the election process as a means of clinging to power,” said Justin Levitt, who follows election regulation at the Loyola Law School in Los Angeles. “You have more states passing laws that create hurdles and inconveniences to voting than we have seen go into effect in the last 50 years.”

National: Why Voter ID Laws Aren’t Really about Fraud | PBS

October 21, 2014

Voters going to the polls in Texas starting this week will have to show one of a few specific forms of photo ID under a controversial new law upheld by the U.S. Supreme Court over the weekend. The Texas law — along with 15 other voter ID laws passed since 2010 — was billed as a way to prevent people from impersonating eligible voters at the polls. But voter ID laws don’t address what appears to be a more common source of voter fraud: mail-in absentee ballots. A FRONTLINE analysis of voting laws nationwide found that only six of the 31 states that require ID at the polls apply those standards to absentee voters, who are generally whiter and older than in-person voters. And two states with strict photo ID policies for in-person voters — Rhode Island and Georgia — have recently passed bills that allow anyone to mail in a ballot. Voter fraud generally rarely happens. When it does, election law experts say it happens more often through mail-in ballots than people impersonating eligible voters at the polls. An analysis by News21, a journalism project at Arizona State University, found 28 cases of voter fraud convictions since 2000. Of those, 14 percent involved absentee ballot fraud. Voter impersonation, the form of fraud that voter ID laws are designed to prevent, made up only 3.6 percent of those cases. (Other types included double voting, the most common form, at 25 percent, and felons voting when they were prohibited from doing so. But neither of those would be prevented by voter ID laws, either.)

National: The Supreme Court Eviscerates the Voting Rights Act in a Texas Voter-ID Decision | The Nation

October 21, 2014

In 1963, only 156 of 15,000 eligible black voters in Selma, Alabama, were registered to vote. The federal government filed four lawsuits against the county registrars between 1963 and 1965, but the number of black registered voters only increased from 156 to 383 during that time. The law couldn’t keep up with the pace and intensity of voter suppression. The Voting Rights Act ended the blight of voting discrimination in places like Selma by eliminating the literacy tests and poll taxes that prevented so many people from voting. The Selma of yesteryear is reminiscent of the current situation in Texas, where a voter ID law blocked by the federal courts as a discriminatory poll tax on two different occasions—under two different sections of the VRA—remains on the books. The law was first blocked in 2012 under Section 5 of the VRA. “A law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote,” wrote Judge David Tatel. “The same is true when a law imposes an implicit fee for the privilege of casting a ballot.” Then the Supreme Court gutted the VRA—ignoring the striking evidence of contemporary voting discrimination in places like Texas—which allowed the voter ID law to immediately go into effect. “Eric Holder can no longer deny #VoterID in #Texas after today’s #SCOTUSdecision,” Texas Attorney General Greg Abbott tweeted minutes after the Shelby County v. Holder decision. States like Texas, with the worst history of voting abuses, no longer had to approve their voting changes with the federal government. Texas had lost more Section 5 lawsuits than any other state.

National: Voter-ID Actions Push Fight Past November | Wall Street Journal

October 20, 2014

A last-minute order by the U.S. Supreme Court allowed Texas to apply its strict voter-identification law for the Nov. 4 midterm elections, but bigger battles over state ID requirements loom ahead of the 2016 presidential race. Voter ID cases from Texas and Wisconsin reached the high court in recent weeks, and they produced opposite results. The justices on Saturday said Texas can use its law for now, a blow to the Obama administration and civil-rights groups that challenged the requirements. On Oct. 9, the high court put Wisconsin’s law on hold, a move that blocked late changes to the state’s midterm election rules. Neither case has been resolved beyond next month’s elections, and the Supreme Court hasn’t decided the legality of either law. The court was acting on emergency requests made as Election Day nears, rather than ruling on the merits. If the high court takes up either case later on, it could provide the justices with an opportunity to clarify which kinds of voter-ID requirements are acceptable across the nation.

National: Results from independent redistricting are mixed | Associated Press

October 20, 2014

A few states have turned to independent or arms-length commissions to limit political influences when redrawing congressional and legislative districts. The Supreme Court, however, is hearing a case from Arizona that could jeopardize the future of these commissions. Commission supporters point to more competitive contests and new faces replacing incumbents as evidence of reduced gerrymandering, the deliberate drawing of often misshaped districts to benefit one party or the other. In California, a 14-member citizen panel of Republicans, Democrats and people who are not affiliated with either party redrew the state’s 53 congressional and 120 legislative maps in 2012. The realignment of political boundaries produced some of the most competitive congressional races in decades. Fourteen House incumbents either lost their seats or opted not to run under the new lines. Arizona, Hawaii, Idaho, New Jersey and Washington also have set up commissions to redraw district boundaries after the new census every 10 years. A handful of others have formed panels to redraw only state legislature seats.

National: Supreme Court leaves its mark on the midterms | Politico

October 17, 2014

The Supreme Court sure looks like it’s fine-tuning the rules for the 2014 election. Over the past three weeks, the justices gave Ohio the green light to cut early voting by a week, let North Carolina end same-day voter registration and blocked Wisconsin from implementing a new voter ID law. And the justices could soon face another request, one that asks them to step in to block a Texas voter ID law from being enforced in next month’s elections. Despite the flurry of high court rulings, many legal analysts and some judges say the Supreme Court’s actions are less about broad voting rights principles than telling federal judges to butt out, particularly so close to Election Day. In each of the cases where the justices acted, lower federal courts had issued orders that would have changed the rules for elections just weeks away, potentially causing confusion among voters and election officials.

National: Just in Time for Early Voting, Whiplash Over Voter ID Laws | Businessweek

October 17, 2014

Another day, another ruling about who can vote in elections that are just around the corner. Thirty-four states have some form of requirement that voters show identification to be able to cast their vote at the polls, but several of the laws are facing legal challenges by voters who say the rules are unconstitutional. In October alone, five courts issued rulings over laws in three different states. Their findings may seem incongruous but taken together, they maintain each state’s status quo, at least for now. The most recent ruling involves Arkansas. The state legislature overrode a veto by Governor Mike Beebe in 2013 to pass a law requiring voters to provide photo ID at the polls. Four residents, represented by two nonprofit organizations, challenged the rules. This week the Arkansas Supreme Court unanimously upheld a circuit court ruling that the ID requirement violates the state constitution, a ruling that immediately prevented the new requirements from taking effect. Because the challenge was to a state law, this is the final word on the matter unless the U.S. Supreme Court takes the case. Early voting in Arkansas—without mandatory ID—will start on Monday.

National: Election Day chaos: Control of the Senate may hang on recounts, runoffs, and independent candidates. | Slate

October 17, 2014

Election Day is coming and it’s likely to stick around. The question of which party will control the Senate may very well not be decided on Nov. 4. Republicans look like they will have a good night, but there are so many close races—at least 10—and so many unpredictable factors in at least four of those races, that with recounts, independent candidates, and runoffs, the process could drag into next year. Here, in rough order of delay, are the possible outcomes and how long they could keep us all bollixed up. Let’s say the GOP wins five of the six seats it needs to regain control of the Senate and then one of the independent candidates in South Dakota or Kansas wins. Whether Democrats or Republicans control the upper chamber would then be determined by which party that independent decided to pick. Greg Orman of Kansas has said he would caucus with the clear majority, but in this case there wouldn’t be one. Given that he ran as a Democrat and Republicans are pounding him pretty hard in his race, he’d probably stick with the Democrats. South Dakota independent Larry Pressler has said he will be “a friend of Obama,” which suggests he’d probably stick with the Democrats too, though he’s the bigger long shot to win at the moment. Still, the leaders of both parties should probably have emergency gift baskets at the ready. The president would no doubt be called in to lobby, or perhaps Democrats would have one of their Hollywood backers make the pitch. On the Republican side, the Koch Center for Cowboy Poetry seems like a natural to round out South Dakota’s tourist offerings. Senate leaders Harry Reid and Mitch McConnell might put together a short list of choice committee assignments to offer.

National: What the voter ID court battles could mean for Election Day | CBS

With three weeks left before Election Day, officials and voting rights advocates in Texas are still wrangling in court over the state’s controversial and restrictive new voting law. Any day now, the U.S. Fifth Circuit Court of Appeals is expected to say whether the Texas voter ID law should be implemented on Election Day or not. The Supreme Court could step in as well. Should the appeals court — and possibly the Supreme Court — side with the law’s supporters, the law will be reinstated before the midterms, keeping more than 608,000 registered voters that don’t have the required ID from voting. If the courts side with opponents of the voter ID law and put it on hold for the time being, the law’s supporters argue it would inject “doubt where for 15 months, and three statewide elections, there had been certainty.” The Texas case is just one of several ongoing disputes over controversial voting laws that could have an impact at polling places on Nov. 4.

National: Whites are more supportive of voter ID laws when shown photos of black people voting | The Washington Post

Sixty-seven percent of white Americans support voter ID laws, according to a new University of Delaware study of 1,436 U.S. adults. But when the voter ID question was accompanied by a photo of black people using a voting machine, white support for voter ID laws jumped to 73 percent. That six-percentage-point difference is modest but statistically significant. The images made no difference to black and hispanic voters’ preferences, although the authors note the sample sizes for those groups were considerably stronger. Among white voters, “the resulting increase in support for the laws happens independently of — even after controlling for— political ideology and negative attitudes about African Americans,” researcher David C. Wilson said in a release about the study. Many white Americans think racism is basically over, and some believe that racism against whites is actually a bigger problem than racism against blacks. But results like these show that racism is still very much active at the subconscious level.

National: Federal Election Commission Rulemakings Roil Agency, Critics | Roll Call

Is the Federal Election Commission a dysfunctional agency deaf to voters fed up with loophole-riddled campaign finance rules? Or is it a newly revived organization making unprecedented moves to invite a wide-ranging public debate over its regulations? The answer may be both. In a fit of productivity on Oct. 9, the FEC managed to outrage its critics, thrill political party leaders, send election lawyers scrambling and break out once again into public bickering. It was an abrupt departure from the months and even years of partisan deadlock that have rendered the FEC incapable of settling even the most routine enforcement disputes. Advocates of political money restrictions have long decried the FEC’s paralysis, but they are even more irate now that the agency has finally sprung into action. Most controversial was the FEC’s move to essentially double the maximum that donors may contribute to the Republican and Democratic National Committees. The Campaign Legal Center’s Larry Noble called it a “disgraceful and activist decision” at odds with federal law.

National: A conservative judge’s devastating take on why voter ID laws are evil | Los Angeles Times

In a rational world, the debate over voter ID laws would be ended by the eloquent, incisive and angry opinion issued late last week by U.S. Circuit Judge Richard A. Posner of Chicago in a case concerning Wisconsin. But this isn’t a rational world. So not only will the debate continue, but Posner’s opinion failed even to sway his fellow judges on the 7th Circuit Court of Appeals. The court split 5-5 on Posner’s request for an en banc — that is, full court — rehearing of the Wisconsin case, in which a three-judge panel already had cleared the state’s ID law to go into effect for next month’s election. That meant Posner’s request was turned down and his opinion was in the nature of a dissent. As it happens, the Supreme Court has stepped in and suspended the Wisconsin law, probably invalidating it for the upcoming polls. But Posner’s 30-page dissent, laid out in his typical lucid and direct manner, is as exacting an examination as you’re likely to find of why voter ID laws are corrupt and iniquitous, and why their usual rationale — to combat voter fraud — is a lie.

National: McAfee partners with Atlantic Council in new study that explores online voting | BiometricUpdate

McAfee has sponsored a new Atlantic Council study that explores how online voting and e-voting could become more integrated in the international political process if particular technologies and processes are implemented to ensure its security. Released at an event at the Atlantic Council, the study found that many of the technologies that are already being used for online financial transactions could also be applied to e-voting and online voting to increase its popularity in the future. Estonia became the first country to hold nationwide elections through an e-voting system in 2005, and since then more than a quarter of the country’s population are voting online. Additionally, e-voting is successfully used in other countries, including Australia, Brazil, France, and India. “Online and e-voting are examples of how a greater emphasis on security could empower a new era in digital democracy,” said Michael DeCesare, president of McAfee.

National: Supreme Court rulings buy time for action on ID laws | Associated Press

October 13, 2014

In seemingly contradictory voting rights actions just a month before November’s elections, the Supreme Court has allowed new Republican-inspired restrictions to remain in force in North Carolina and Ohio while blocking Wisconsin’s voter identification law. But there is a thread of consistency: In each case, the court appears to be seeking a short-term outcome that is the least disruptive for the voting process. In Texas on Thursday, a federal district judge struck down the state’s strict voter ID requirement, likening it to a poll tax deliberately meant to suppress minority voter turnout. The Texas ruling came just hours after the US Supreme Court blocked a Wisconsin voter ID law. The twin rulings were surprising setbacks for largely Republican-backed voter identification rules that generally have been upheld in previous rulings nationwide.

National: 2 Tech Challenges Preventing Online Voting In US | Information Week

Online elections could be a reality in the United States if the security world can figure out how to ensure both voter anonymity and vote verifiability — two essential but “largely incompatible” goals, according to a new report from the Atlantic Council and Intel Security. The report, “Online Voting: Rewards and Risks,” discusses what challenges must be solved if online voting is ever to take off in the US. “It’s not a matter of if, but of when,” says Gary Davis, Chief Consumer Security Evangelist for Intel Security. “I’ll go out on a limb and say within 10 years” the US will allow online voting for national elections. Why so confident? Davis points at the progress made in banking. Trust between customer and bank is essential to financial transactions, just like trust between citizen and government when casting ballots. Breaches notwithstanding, cryptography, identity management, and other security measures have made secure online banking a reality. Couldn’t the same technology be applied to online voting? Yes, but there is a key difference between banking and voting: anonymity.

National: Report: Voter ID laws reduce turnout more among African American and younger voters | The Washington Post

Laws requiring voters to show identification when they cast a ballot impact have a greater impact on African Americans and younger voters than on other racial and age groups, according to a new analysis. The report, issued Wednesday by the General Accounting Office [pdf], found that fewer African Americans have the types of identification — like a driver’s license or state-issued identification card — required to obtain a ballot than whites. As a consequence, turnout among African American voters fell by a larger percent than turnout among white voters in two states that implemented identification requirements between 2008 and 2012. Black turnout dropped by 3.7 percentage points more than white turnout in Kansas, and by 1.5 percentage points more than whites in Tennessee after voter ID laws passed. Among 18 year olds, turnout dropped by 7.1 percentage points more in Kansas than it did among those aged 44 to 53 year-olds in Kansas. Turnout in Tennessee fell by 1.2 percentage points more among those aged 19 to 23 than among the older set.

National: Online voting not ready for worldwide roll-out, study concludes | AFP

Online voting has the potential to boost election participation around the world, but is not yet ready to be widely rolled out due to security risks, a study released Wednesday said. The research, produced by the Atlantic Council think tank and the online protection firm McAfee, concluded that “security will need to be vastly improved” before it becomes feasible to adopt Internet voting on a large scale. According to the study, online voting faces more complex obstacles than electronic commerce, where a customer can be reimbursed in the case of fraud or theft. “Online voting poses a much tougher problem” than e-commerce, the report said. “Lost votes are unacceptable… and unlike paper ballots, electronic votes cannot be ‘rolled back’ or easily recounted.”

National: Courts Strike Down Voter ID Laws in Wisconsin and Texas | New York Times

The Supreme Court on Thursday evening stopped officials in Wisconsin from requiring voters there to provide photo identification before casting their ballots in the coming election. Three of the court’s more conservative members dissented, saying they would have allowed officials to require identification. Around the same time, a federal trial court in Texas struck down that state’s ID law, saying it put a disproportionate burden on minority voters. The Wisconsin requirement, one of the strictest in the nation, is part of a state law enacted in 2011 but mostly blocked by various courts in the interim. A federal trial judge had blocked it, saying it would “deter or prevent a substantial number of the 300,000-plus registered voters who lack ID from voting” and would disproportionately affect black and Hispanic voters. The law was provisionally reinstated last month by a unanimous three-judge panel of the federal appeals court in Chicago hours after it heard arguments. The full court was deadlocked, five to five, on a request for a new hearing. “It is simply impossible, as a matter of common sense and of logistics, that hundreds of thousands of Wisconsin voters will both learn about the need for photo identification and obtain the requisite identification in the next 36 days,” the appeals court judges opposed to the requirement wrote.

National: Voter Identification Laws Hit Roadblocks in Wisconsin and Texas | Wall Street Journal

Voter identification laws suffered setbacks in two states on Thursday, with the U.S. Supreme Court blocking Wisconsin from imposing its voter-identification measure during the midterm elections and a federal judge in Texas striking down that state’s ID law. The Supreme Court’s action in Wisconsin marked its third recent intervention in a high-profile election case, and the first before the high court in which advocates for minority voters prevailed. The justices in the two other cases allowed Ohio to cut back on early voting and cleared North Carolina to impose new, tighter voting rules. The high court in each case effectively put the brakes on lower court rulings that would have prompted late changes in election procedures in the run-up to the Nov. 4 election.

National: Rules For Provisional Ballots All Over The Map | NPR

The fail-safe for many voters who run into problems at the polls — such as a lack of ID or an outdated address — is called provisional voting. The person votes, and his or her ballot only counts after the problem is resolved. But many of these ballots never do count, raising questions about how good a fail-safe they really are. In Virginia, for example, some residents have been preparing to meet a new state requirement that all voters show a photo ID at the polls. Bernest Sellars, 87, is one of several elderly voters who lined up recently to get a new ID at a senior center in Arlington. After checking that he’s registered to vote, county election workers ask Sellars to look into a tiny camera attached to a laptop computer. His new photo immediately pops up on the screen. For the most part, this process is pretty easy. Still, it’s estimated that 200,000 voters in the state might not have the right ID. If they show up at the polls, they’ll likely be asked to use a provisional ballot.

National: Google integrates location-aware voter ID requirements into its search results | The Washington Post

As debate rolls on over the impact of voter identification laws on elections in the United States, a new wrinkle has quietly been introduced: a little search engine you might have heard of called Google. Starting Thursday, users across the United States who use Google to search for information on whether they might need a driver’s license or other form of ID to cast a ballot at their local polling place will be presented with the nitty-gritty details of the oft-complicated voting identification requirements and laws — specified down to whatever spot in the country from which he or she happens to be searching.

National: Federal Election Commission allows parties to form new committees to fund political conventions | Cleveland Plain Dealer