National: Voter intimidation fears spike as key midterms approach | MSNBC

The Supreme Court’s ruling last year that gutted the Voting Rights Act didn’t just free southern states from federal supervision of their voting laws. It also, far more quietly, put an end to a decades-long program in which the federal government sent election observers to prevent race-based voter intimidation. And with crucial midterm elections fast approaching, voting rights advocates are expressing grave concern. The issue is highlighted as part of a major new report on ongoing racial discrimination in voting, released Wednesday by a coalition of civil rights groups to mark the 49th anniversary of the signing of the Voting Rights Act (VRA). Bob Kengle, a former head of the DOJ’s voting section, called the demise of the observer program “a big loss.” Kengle is now with the Lawyers Committee for Civil Rights Under Law, which led the coalition that compiled the report. The department’s election monitors have in the past played a crucial role in protecting the right to vote. They’ve often been called in by election officials to ease tensions at the polls and avert potential instances of race-based intimidation or irregularities, sometimes reporting problems to lawyers at DOJ. And in recent years, they’ve worked to ensure compliance with the VRA’s provisions on non-English speakers, helping to bring lawsuits by documenting polling places that aren’t offering materials to serve those groups.

National: Kansas, Arizona Require Proof of Citizenship for Voting | Wall Street Journal

Election rules in Kansas and Arizona are set to bar thousands of people in coming weeks from casting ballots in state primaries even as the federal government allows some of them to vote in congressional races. The split system is the result of a growing battle between federal officials and a handful of states over the necessity of verifying that a newly registered voter is a U.S. citizen. Kansas and Arizona say the federal registration process doesn’t rigorously check citizenship. They have established their own verification systems and are barring people who register using the federal system from voting this month for such offices as governor and local posts. In recent years, mostly Republican-controlled states have tightened voting rules, including requiring voters to produce picture identification at the polls, arguing it prevents fraud. “There is a very real problem with aliens being registered to vote,” said Kansas Secretary of State Kris Kobach, who said about a dozen states are likely to pass such measures in coming years. Democrats have countered that there are few examples of fraud at the polls and that such steps suppress the vote of such groups as minorities and women.

National: Court case: Voting via the Internet is a civil rights issue for disabled | Al Jazeera

The debate over whether Americans should be permitted to vote via the Internet has long pitted voting system manufacturers, who frame it to election officials as inevitable and modern, against top cybersecurity experts who insist it cannot be done without inviting wide-scale fraud. In recent months, however, a powerful new force has joined the fight: people with disabilities, insisting that using electronic ballots from their homes ought to be seen as a right guaranteed by the Americans With Disabilities Act. Most notably, a federal judge in Maryland is scheduled next month to hear arguments as to whether the state board of elections must certify a system that involves the Internet-based delivery and marking of absentee ballots for people with disabilities. The lawsuit’s main plaintiff is the National Federation for the Blind (NFB), joined by a man with cerebral palsy and a woman who is deaf and blind. Separately, the Utah legislature in March passed the Internet Voting Pilot Project Act to permit county election officials to develop systems for people with disabilities to vote online. No actual system has been proposed or adopted yet. …  Those systems are worrisome to opponents, but for the most part they represent a relatively small number of voters scattered across the nation. The focus on Maryland is the result of both limited resources and the fear of a federal precedent, said Susan Greenhalgh of Verified Voting, a watchdog group that raises concerns about vulnerabilities in electronic voting systems of all types.

National: Justice Department backs challenges to voting laws in Ohio and Wisconsin | The Washington Post

The Justice Department on Wednesday supported legal challenges to voting laws in Ohio and Wisconsin as part of the Obama administration’s ongoing effort to challenge state legislation it believes unfairly affects the ability of minority voters to cast ballots. In Wisconsin, the department filed an amicus brief supporting a ruling by a federal judge that struck down a law that requires voters to show photo identification at the polls. In Ohio, Justice officials filed a “statement of interest” in a challenge by a civil rights group to a state law curtailing early voting and same-day registration. “These filings are necessary to confront the pernicious measures in Wisconsin and Ohio that would impose significant barriers to the most basic right of our democracy,” Attorney General Eric H. Holder Jr. said in a statement. “These two states’ voting laws represent the latest, misguided attempts to fix a system that isn’t broken. These restrictive state laws threaten access to the ballot box.”

National: Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin | Wall Street Journal

The Obama administration filed court papers Wednesday challenging Republican-backed election laws in Ohio and Wisconsin, as the legal fights over voting rights spread beyond traditional Southern borders. In Wisconsin, the Justice Department filed a brief supporting a previous federal court ruling against the state’s photo identification requirement, which was deemed unfair to minority voters. In Ohio, the Justice Department weighed in against a law limiting early voting and same day registration. Attorney General Eric Holder, in a statement, said the two states’ voting laws “represent the latest, misguided attempts to fix a system that isn’t broken,” adding that both measures “threaten access to the ballot box.” Mr. Holder had previously signaled his department would take legal action against Ohio and Wisconsin. Wisconsin Gov. Scott Walker, a potential 2016 Republican presidential candidate, has defended his state’s identification law as necessary to prevent voter fraud that could sway an election. His office didn’t immediately comment on Wednesday’s filing.

National: Motor voter problems mean delays at polls | USA Today

When county clerks in New Mexico tried to figure out why voter registrations had slowed to a trickle this spring despite an upcoming primary, they made a surprising discovery: The culprit was a new online voter registration system at motor vehicle offices. Introduced with fanfare in January, the new system required drivers to go to a separate computer kiosk at the motor vehicle office to complete their voter registration. That proved to be too much hassle for many potential voters; it also violated the federal “motor voter” law. New Mexico, which has gone back temporarily to using paper voter registration forms, was trying to improve its motor voter performance in response to a 2010 court order. In most states, no one knows how well motor vehicle agencies comply with the mandate to register voters because no one is really keeping track. But a growing consensus says they are failing. Poor implementation of the National Voter Registration Act, the 21-year-old law that requires motor vehicle offices to register voters, is emerging as a problem when almost every aspect of voting is coming under scrutiny, either because of controversial voter identification laws or long lines at the polls.

National: Coming soon: A campaign run entirely by super PACs | The Washington Post

Three-quarters of the money spent on behalf of Chris McDaniel’s failed bid for the Republican nomination for Senate in Mississippi came from outside political action committees (PACs). That money, from groups like the Club for Growth and FreedomWorks, accounted for 36 percent of the funds spent by both sides combined. We’re obviously a few miles down the road from the days when candidates for elected office stood on wooden platforms. But we are perhaps further than you might think. In fact, there is nothing in federal law that would prevent a super PAC or group of PACs from picking out a candidate and taking care of his or her entire campaign. And we’re starting to get a glimpse of what such a campaign might look like. In order to win an election, you, first, need a candidate. You need to let people know about your candidate, so you need TV ads and radio ads and ads on Facebook. You need direct mail, and you need people to knock on doors and talk to voters. But, really, that’s it. With the right combination of those things, you can win pretty much any political race in the country.

National: A push for felon voting rights | Charlotte Observer

If advocates have their way, voting rights could be a new reality for the nation’s incarcerated. Full voting rights for felons is a hot topic in Washington. With new legislation moving through the Senate, a spotlight is being placed on the plight of prisoners who not only face electoral disenfranchisement behind bars but also have no way to participate once they return home. “While release may be granted, access is denied,” said Desmond Meade, an ex-offender who later became a leading felon-rights activist and president of the Florida Rights Restoration Coalition. As the Sentencing Project noted in its 2010 analysis, there were nearly 5.85 million Americans who were restricted from voting – 600,000 more than its research in 2004. That included 4 million already out in the community and completely barred from political participation. But a 2012 voter-turnout study by the George Mason University Elections Project found more than 6.8 million Americans combined who were either in prison, on probation, on parole or completely ineligible to vote because of felony convictions.

National: FEC chairman warns book publishers at risk of regulation at heated meeting | Fox News

The Republican chairman of the Federal Election Commission warned Wednesday that his agency colleagues could try to regulate book publishers, during a heated session over a forthcoming book by GOP Rep. Paul Ryan. During the meeting, the FEC declined to definitively spare book publishers from the reach of campaign finance rules. This triggered a clash between Republican and Democratic members, with Chairman Lee Goodman warning that the deadlock could represent a “chill” for constitutional free-press rights. “That is a shame. … We have wounded the free-press clause of the First Amendment,” Goodman told FoxNews.com after the tense meeting. Goodman previously has warned that the commission wants to start regulating media.

National: NAACP worries that low November turnout could lead to voter ID expansion | Associated Press

Civil rights leaders at the NAACP annual convention in Las Vegas on Tuesday worried that dwindling African-American turnout in November could lead to the expansion of voter-identification laws that makes it harder for that community to vote in subsequent contests. In 2012, blacks turned out at a higher rate than whites for what is believed to be the first time in American history and helped re-elect President Obama. But in the prior midterm election, in 2010, blacks turned out at a much lower rate, and Republicans won control of the House of Representatives and many state and local offices.

National: Cardin, Paul seek voting rights for former felons | Baltimore Sun

Maryland Sen. Ben Cardin teamed up with an unlikely political ally on Tuesday — Sen. Rand Paul of Kentucky — in pushing for federal legislation to allow millions of Americans with felony convictions to regain their right to vote. Paul, a conservative Republican who many believe is eying a presidential run in 2016, joined Cardin, a Democrat, at a forum on Capitol Hill to call attention to the issue. Despite different political ideologies, the two have introduced similar bills to restore voting rights for felons who have served their sentences. “We’ve had some differences over the years, but we have joined forces in recognizing that there’s an important policy that we can advance in helping people reenter into our society,” Cardin said. “This is one of the Jim Crow laws of our time.” If either measure is approved it would replace a patchwork of state laws that vary widely on when a felon may vote.

National: Obama administration to join voting rights cases in Ohio and Wisconsin | MSNBC

The Obama administration plans to join lawsuits against Republican-backed voting restrictions in two major swing states, Attorney General Eric Holder has said. The moves would represent the first time that Holder’s Justice Department has intervened against statewide voting laws outside the areas that the Supreme Court freed from federal oversight in last year’s Shelby County v. Holder ruling. They underline the administration’s intention to aggressively protect voting rights across the country, not only in the mostly southern jurisdictions directly affected by Shelby. “I expect that we are going to be filing in cases that are already in existence in Wisconsin as well as in Ohio,” Holder said in an unaired portion of an interview with Pierre Thomas of ABC News, according to a transcript provided by the Justice Department to msnbc. The interview was conducted Friday in London, where Holder was attending meetings about terrorism threats.

National: All Mail Elections Quietly Flourish | The Canvass

Rep. Dickey Lee Hullinghorst (D-Colo.) thought an all-mail election sounded like a bad idea when she heard Oregon was mailing out ballots to every voter during the2000 election. “It was a traditional thing for me—I liked to go to my polling place on Election Day,” she said. A little more than a decade later, Hullinghorst was one of four legislators who sponsored HB 1303, a 2013 bill that made Colorado the third state to have all-mail elections or vote-by-mail elections. Hullinghorst, majority leader in the Colorado House, said the success of vote-by-mail elections in Oregon and Washington convinced her that Colorado was ready to make the change in 2013. And it wasn’t much of a leap for a state that previously permitted jurisdictions to hold all-mail elections, excluding general elections. More than 74 percent of voters in Colorado chose to cast a mail ballot in the 2012 general election, according to the Colorado County Clerks Association. While Oregon, Washington and Colorado are the only states that automatically mail to every registered voter a ballot and do not run traditional in-person voting precincts, voters in many other states have experienced some form of a vote-by-mail election.

National: In most states, tied elections can be decided by a coin toss | The Washington Post

A New Mexico election for a judge was decided Tuesday by coin toss after the two candidates tied in the primary race. Kenneth Howard Jr. and Robert Baca, both Democrats, received 2,879 votes in their June 3 primary in McKinley County, the Gallup Independent reported. According to New Mexico law, tie breakers are to be decided by lot. Howard won the coin toss, which was done by a Democratic official, and because there was no Republican opponent for the job, he will become the northwestern New Mexico county’s newest magistrate  judge.  New Mexico is one of 35 states that determines tied elections by a coin toss or some other means of chance, according to state constitutions, statues, and election legislation reviewed by The Washington Post.

National: College Students Claim Voter ID Laws Discriminate Based on Age | New York Times

Civil rights groups have spent a decade fighting requirements that voters show photo identification, arguing that this discriminates against African-Americans, Hispanics and the poor. This week in a North Carolina courtroom, another group will make its case that such laws are discriminatory: college students. Joining a challenge to a state law alongside the N.A.A.C.P., the American Civil Liberties Union and the Justice Department, lawyers for seven college students and three voter-registration advocates are making the novel constitutional argument that the law violates the 26th Amendment, which lowered the voting age to 18 from 21. The amendment also declares that the right to vote “shall not be denied or abridged by the United States or any state on account of age.” There has never been a case like it, and if the students succeed, it will open another front in what has become a highly partisan battle over voting rights.

National: Why the GOP is holding its convention early | Politico

Republicans will hold their 2016 national convention more than a month earlier than their 2012 event for one simple reason: money. Two years ago, Mitt Romney raised $1 billion but found himself out of cash that August due to campaign finance laws that essentially force candidates to divide their spending between pre-and-post convention accounts. Moving the convention up, the GOP reasons, will help make those rules a non-issue. The Republican National Committee announced Tuesday that Cleveland would host its 2016 convention — and that the party was aiming for a late June or early July event. The early summer timing is a sharp break with recent history — when both parties have traditionally held their conventions in late August or early September. The GOP hasn’t held a July convention since 1980 and it hasn’t held a June convention since 1948.

National: The Looming Crisis in Voting Technology | Governing.com

More and more often these days, Neal Kelley and his staff find themselves rooting through shelves at used computer stores in Orange County, Calif., looking for something they can’t find anywhere else: laptops that run on Windows 2000. Kelley is the registrar of voters in Orange County, and one component of his election equipment still runs on the Microsoft operating system from 14 years ago. As in most places around the country, Orange County’s voting technology is based on federal standards set after Congress passed the Help America Vote Act (HAVA) in 2002. The razor-thin presidential election in 2000 between Al Gore and George W. Bush revealed that outdated technology had left thousands of votes uncounted. With HAVA, Congress encouraged local governments to install electronic voting equipment, resulting in a wave of upgrades across the country. Between 2002 and 2004, Congress allocated more than $3 billion for some 8,000 local jurisdictions to replace the punch card devices and lever machines they had been using for more than 30 years. But today, a decade later, that upgraded election infrastructure is quickly becoming obsolete. In a worst-case scenario, current equipment will start to fail in the next couple years, forcing fewer voting booths to process more ballots, a recipe for longer lines and voter frustration. “What you don’t want is disenfranchised voters who are deciding not to cast a ballot because of these issues,” says Kelley. “We can’t let ourselves get to that point. We need to be ahead of this curve.”

National: Rules of the game: New laws tough for some voters | CNN.com

Edna Griggs keenly remembers the anger and outrage she felt during the 2012 general election when she watched as African-American senior citizens were forced to wait in long lines in the Houston heat as they cued up to vote at the Acres Homes Multi-Service Center. A member of her local NAACP chapter, Griggs says she was told that she couldn’t bring them water to drink or chairs to rest in. “A poll watcher approached me and said, ‘What are you doing?’ He told me I couldn’t do that. They thought we were trying to sway their votes by giving them water,” she said. “It was really sad to me because it was like a reflection of the stories I heard from my grandmother and mother when they had to pay to vote. It was a reflection of everything our people have gone through.”

National: Court: Super PAC not independent enough | Politico

A federal appeals court ruled Wednesday that free-spending political groups can lose the right to make unlimited expenditures in certain situations. A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit ruled in Vermont Right to Life v. Sorrell that an anti-abortion, state-level super PAC was not “functionally distinct” enough from a sister committee that gives cash to political candidates and parties. As a result, the court found that the ostensibly separate group may not have been acting independently and can be subject to Vermont’s campaign finance caps. Vermont Right to Life Committee splits its political activities into two arms: the VRLC political committee and the VRLC fund for independent political expenditures.

National: A year later, Holder, civil rights groups decry impact of voting rights ruling | McClatchy

On the one-year anniversary of a U.S. Supreme Court ruling that struck down a core provision of the landmark 1965 Voting Rights Act, Democrats and civil rights groups stepped up their push for a congressional fix. Attorney General Eric Holder, the first black to lead the Justice Department, assailed a Wisconsin voter identification law that he said impaired voting by minorities “without serving any legitimate government interest.” A federal judge struck down the law in April, but Wisconsin’s attorney general has filed an appeal. On Capitol Hill, the Senate Judiciary Committee held a hearing on bipartisan legislation aimed at updating the nearly half Century-old Voting Rights Act with a new formula for determining which jurisdictions would be required to clear with the Justice Department election changes that might disproportionately impact minority voters.

National: Judiciary Chairman In No Rush To Move On Voting Rights Act Bill | Buzzfeed

One year after the Supreme Court struck down section 4 of the Voting Rights Act, Congress is nowhere near close to moving forward with restoring a federal approval requirement for certain voting process changes. While Democratic leaders rallied this week to urge Congress to pass the Voting Rights Amendment Act — a law to rewrite the section 4 formula — a top House Republican said Thursday the bill wasn’t going to move quickly, if at all. The VRAA, written by Wisconsin Republican Jim Sensenbrenner and Michigan Democrat John Conyers, is viewed in Congress and by outside advocates as the best chance to reinstate some of the provisions. Section 4 was the formula used to determine which states needs pre-clearance from the federal government for changes to their voting laws. The Supreme Court ruled that the formula was outdated and Congress could come up with a new one.

National: Republicans used to unanimously back the Voting Rights Act. Not any more. | The Washington Post

Yesterday was the one-year anniversary of the Supreme Court’s decision on Shelby County v. Holder, which invalidated part of the 1965 Voting Rights Act. The Senate Judiciary Committee held a hearing on Sen. Patrick Leahy’s (D-Vermont) proposed Voting Rights Act amendment to commemorate the occasion. “From its inception through several reauthorizations the Voting Rights Act has always been a bipartisan, bilateral effort,” Leahy said, “and it would be a travesty if it became partisan for the very first time in this nation’s history.” What was Leahy talking about? In 2006, when the Voting Rights Act was last reauthorized, no Republican senators voted against it. In 2014, no GOP senators have stepped forward to co-sponsor the amendment to update it.

National: Senators spar over the need for new voting rights legislation | Los Angeles Times

Republicans and Democrats in the Senate argued bitterly Wednesday about the need for a new law to protect the voting rights of minorities. The Senate Judiciary Committee held a hearing on proposed legislation to resuscitate a critical provision of the Voting Rights Act struck down by the U.S. Supreme Court a year ago. The court invalidated the system whereby most Southern states were required to clear changes to their voting laws in advance with the Justice Department. The new bill would attempt to get around the court’s objections by creating a new system in which any state with more than five voting rights violations in the previous 15 years would have to seek “pre-clearance.” Currently only Texas, Georgia, Mississippi and Louisiana would be covered, which provoked outrage from Texas’ two senators, who both sit on the committee. Sen. John Cornyn (R-Texas) asked why only four states would be covered, and not others such as Minnesota, which is represented on the committee by two Democrats. “Every state is covered by this if they violate the law five times in 15 years,” replied Sen. Al Franken (D-Minn).

National: GOP senators oppose voting law update | Gannett

The Voting Rights Act, which enjoyed strong bipartisan support for nearly a half-century, divided senators along party lines Wednesday as they debated whether minority voters still face enough threats to warrant updating the landmark law. Democrats, led by Senate Judiciary Committee Chairman Patrick Leahy of Vermont, said attempts to undermine minority voters remain pervasive, even if they’re less blatant than the tactics used when the law first passed in 1965. “Since 2010, 22 states have passed new voting restrictions that make it more difficult to vote,” Leahy said, citing a new report from the Brennan Center for Justice. “Of the 11 states with the highest African-American turnout in 2008, seven of those have new restrictions in place.”

National: Senate debates voting rights proposal | USA Today

In the year since the Supreme Court ended close federal oversight of elections in Alabama and some other states, discrimination against minority voters has crept back into place, voting rights advocates say. “The result of that decision is that minority voters have been left without critically needed voting protections for an entire year,” said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund. The Senate Judiciary Committee will hear testimony Wednesday that, because the Justice Department is no longer looking over their shoulder, several local and state governments around the country have restricted some people’s access to the ballot box.

National: NCSL Launches Elections Administration Research Database | National Conference of State Legislatures

What is the impact of major court rulings on voter ID laws? How are states ensuring voter registration lists are accurate? Which new voting system designs are being developed for the marketplace? Finding these answers and other information about elections policy can quickly eat up the kind of time that a lawmaker, legislative staffer or elections administrator can hardly afford to spend. But that was life before the Elections Administration Research Database, a new tool launched today by the National Conference of State Legislatures. The database brings together more than 1,900 reports that, altogether, address a wide range of elections topics. It is supported by generous funding from The Pew Charitable Trusts.

National: Cantor loss clouds prospects for new voting rights bill | The Washington Post

The recent primary loss by House Majority Leader Eric Cantor set off a barrage of political analysis that concluded that any large-scale overhaul of the country’s immigration laws was dead. But the ouster of Cantor (R-Va.) also upended Democratic hopes for a bill intended to counter a Supreme Court decision last year that halted several major provisions of the 1965 Voting Rights Act. The Shelby v. Holder decision stalled the requirement that nine states — each with histories of racially discriminatory actions to keep minorities from voting — must submit any changes to voting procedures to the Justice Department before they can be implemented.

National: Sen. Kirsten Gillibrand: Expand Online Voter Registration Access | Associated PRess

Sen. Kirsten Gillibrand says people across the country should be able use their computers, smartphones or electronic tablets to register to vote. The New York Democrat is announcing legislation Sunday that would force the 23 states that don’t have an online registration system to establish one. The bill also would expand enrollment access in states that currently have online systems by making them open to all eligible voters without requiring a state-issued ID.

National: Sen. Rand Paul seeks to expand voting rights to some ex-cons | Politico

Rand Paul is opening a new frontier for Republicans: Voting rights. The Kentucky senator is introducing this week a bill that restores voting rights to nonviolent felons in federal elections. Paul is also pursuing drug sentencing reform in the Senate and is mulling efforts aimed at easing nonviolent criminals back into the job market. He even wants to redefine some drug offenses currently classified as felonies to misdemeanors. Together, the moves add up to a concerted effort to get minorities, young people and civil libertarians excited about Republicans — groups that much of the party admits it needs. Paul argues he’s inspired by a sense of justice, but the expected 2016 contender won’t deny that his criminal justice portfolio is also motivated by politics. “I believe in these issues. But I’m a politician, and we want more votes,” he conceded in an interview. “Even if Republicans don’t get more votes, we feel like we’ve done the right thing.”

National: Court Rulings on Voter Restrictions Create Limbo as Midterms Near | New York Times

With the midterm elections only months away, efforts to carry out some of the country’s strictest photo ID requirements and shorten early voting in several politically pivotal states have been thrown into limbo by a series of court decisions concluding that the measures infringe on the right to vote. The most recent ruling came last Wednesday, when a federal judge ordered Ohio’s elections chief to restore early voting hours on the three days before Election Day. It is the second lower court decision in Ohio since 2012 that bolsters voter rights. The court decisions have gone both ways, but several have provided a new round of judicial rebukes to the wave of voting restrictions, nearly all of them introduced since 2011 in states with Republican majorities. The decisions have ensured that challenges will remain a significant part of the voting landscape, perhaps for years. And, with challenges still going through the courts, voting rules and requirements remain uncertain in several states before the midterm elections.