National: FEC Deadlocks Again over Disclaimers on Mobile Phone Advertisements, with No Resolution in Sight | In the Arena

The irresistible force met the immovable object Thursday, as the Federal Election Commission deadlocked again on whether disclaimer requirements applied to advertisements displayed through new technologies.  The deadlock left no clear path toward a common understanding of the disclaimer requirements, with the Democratic-selected Commissioners contending that the law permits no exception for mobile phone ads, and the Republican Commissioners contending that applying the requirements would violate the law and burden speech. Advisory Opinion Request 2013-18, submitted by Revolution Messaging LLC, dealt with so-called “banner advertisements” appearing at the bottom of a smartphone screen. (Revolution Messaging LLC  is a political consulting firm that crafts and places digital advertisements for Democrats and progressives.) Commission regulations apply the disclaimer requirements generally to public communications, including Internet communications that are placed for a fee.  But they contain exceptions  for “small items,” and for advertisements where “inclusion of a disclaimer would be impracticable.”

National: Joe Biden sees lingering “hatred” in voter ID laws | CBS

During an event honoring African-American History Month Tuesday evening, Vice President Joe Biden pressed Congress to restore the Voting Rights Act and said that voter ID laws offered in some southern states are evidence of lingering racism. He specifically pointed to voting legislation in North Carolina, Alabama and Texas as examples of what’s going wrong on the state level. “These guys never go away. Hatred never, never goes away,” Biden said of the laws in Alabama, North Carolina and Texas, the latter two of which are facing lawsuits by the Justice Department to block their laws that would require showing identification before voting. “The zealotry of those who wish to limit the franchise cannot be smothered by reason.”

National: IRS rules to close campaign loopholes are slammed from multiple sides | The Boston Globe

The Internal Revenue Service, one of the most beleaguered federal agencies, is seeking to assume a new role in regulating election financing. And the reaction, perhaps predictably, has been critical. Many of the nearly 67,000 comments following the IRS’ proposal to rein in politically active nonprofits urge the organization to focus on its day job: tax collection. “It sounds to me like the IRS is making law, not enforcing it. Leave rule-making to the buffoons in Congress,” one comment reads. Another puts it more bluntly: “Stick to taxes.” The public opposition comes from both liberals and conservatives, who are blasting draft regulations released by the Treasury Department in November that would tighten restrictions on political spending by nonprofit “social welfare’’ organizations, formally called 501(c)(4) groups under a section in the tax code.

National: Once-Obscure State Job Is Now Attracting Millions Of Campaign Dollars | NPR

Iowa was one of the few states that saw voter turnout increase in 2012. Brad Anderson is proud of the role he played in encouraging turnout there as state director of President Obama’s campaign. Now he’s running for secretary of state, which would put him in charge of overseeing elections. “I have a plan to make Iowa No. 1 in voter turnout,” Anderson says. The fact that a former Obama operative wants to run elections makes some people nervous. But he’s part of a trend of overtly partisan figures running for a job designed to be neutral when it comes to election administration. No fewer than three superPACs have been formed in recent weeks — two on the left, one on the right — with plans to spend millions of dollars this year influencing elections for what used to be a low-profile post in most states.

National: Bill mandates no-excuse absentee ballots in federal elections | NBC

Voting-rights activists are hoping the hype around this year’s midterm elections will give new energy to a bill intended to make it easier to vote. The bill would mandate no-excuse absentee voting in federal elections, a provision currently allowed for voters in 30 states. Twenty others only allow absentee ballots to be cast if certain excuses are offered. “We think this is fundamentally unfair and invasive to people’s privacy,” says Deborah Vagins, senior counsel for the American Civil Liberties Union.

National: Firewall Between Candidates and Super PACs Breaking Down | Roll Call

When the Supreme Court deregulated independent political spending four years ago, the court reasoned that unrestricted money posed no corruption risk because a firewall separates candidates from their outside benefactors. As Justice Anthony M. Kennedy wrote for the majority in Citizens United v. Federal Election Commission: “By definition, an independent expenditure is political speech presented to the electorate that is not in coordination with a candidate.” Such expenditures, the court concluded, “including those made by corporations, do not give rise to corruption or the appearance of corruption.” Four years after that ruling, the supposed barrier between candidates and unrestricted super PACs is flimsier than ever. As midterm elections approach, complaints are rolling into the FEC from both parties about super PACs that share vendors, fundraisers and video footage with the politicians they support.

National: New PACs try to elect state election officials | USAToday

The banner ad that popped up online last month from an organization called iVote used a line as innocuous as a civic textbook: “Because every vote should count.” In fact, the ad, and the Democratic group that sponsored it, iVote, are part of a highly partisan and increasingly expensive battle over an elected position most voters are barely aware of. Thirty-nine states elect their secretary of State, and because the job includes overseeing the administration of elections, Republican and Democratic PACs have emerged to fight for control of the position. In addition to iVote, a second Democratic PAC called SOS for Democracy and a Republican group named SOS for SOS have also begun raising money for secretary of State races in November.

National: How felon voting policies restrict the black vote | Washington Post

In Florida, more than one in five black adults can’t vote. Not because they lack citizenship or haven’t registered, but because they have, at some point, been convicted of a felony. The Sunshine State’s not alone. As in Florida, more than 20 percent of black adults have lost their right to vote in Kentucky and Virginia, too, according to the Sentencing Project, a group that advocates for reforms to sentencing policy that reduces racial disparities. Three states — Florida, Iowa and Kentucky — ban anyone who has ever received a felony conviction from voting. But many other states have weaker disenfranchisement laws—ones that ban those currently serving sentences or those on parole or probation. And Attorney General Eric Holder on Tuesday called on them to rethink the “unnecessary and unjust” policies.

National: The conservative case to limit voting | MSNBC

Billionaire venture capitalist Tom Perkins raised the Internet’s collective eyebrows last week when he said Americans who don’t pay taxes – he likely meant income taxes – shouldn’t get to vote. (It didn’t help that Perkins had recently compared efforts to fight inequality to Kristallnacht). “The Tom Perkins System is: You don’t get to vote unless you pay a dollar of taxes,” Perkins said during a speech in San Francisco. “What I really think is, it should be like a corporation. You pay a million dollars in taxes, you get a million votes. How’s that?” The audience laughed, and Perkins later implied he was being deliberately provocative. But the “Tom Perkins System” has its roots in some long-standing conservative thinking about the purpose of voting. And versions of that thinking continue to play a role in today’s heated debates over voter ID and other restrictive laws.

National: Voting-Rights Bill’s Backers Say There’s No Doubt It Will Pass | National Journal

Civil-rights advocates are selling a bill amending the Voting Rights Act as a wholly bipartisan fix and saying it will pass this year, despite the partisan divide over voter-ID laws and other voting-rights issues. “It will pass this Congress,” said Scott Simpson, spokesman for the Leadership Conference on Civil and Human Rights, which has advocated for an update to the law. “If anything can pass this Congress, it’s this.” The bill would revive a portion of the Voting Rights Act that gives the Justice Department final say on all changes to elections—from voter-ID laws to polling place relocations—in states with a history of discrimination. The provision, known as the “preclearance” requirement, was included in the Voting Rights Act in 1965, but the Supreme Court in June 2013 struck down its outdated method of choosing which states would be placed under that requirement. Rather than choosing states based on discrimination in the 1960s, the new formula would be based on voting-rights restrictions in the last 15 years, and would be updated after every election.

National: New bill aims to make sure no one waits over half an hour to vote | MSNBC

President Obama said last month that no one should have to wait more than half an hour to vote. Now two Democratic senators are introducing a bill aimed at making that pledge a reality. The legislation, sponsored by Sens. Barbara Boxer of California and Bill Nelson of Florida, is the first effort to act on the recommendations of a bipartisan presidential commission, unveiled last month. “In a democracy, you’re supposed to make it easier and less of hardship for people to vote, and that’s what we’re trying to do here,” said Nelson in a statement sent out Wednesday evening.

National: Judge To Decide If State Proof-Of-Citizenship Laws Trump Voter Registration Forms | Fox News Latino

A decision on whether states have a constitutional right to require proof-of-citizenship documentation for their residents who register to vote using a national form is now in the hands of a federal judge in a case with broad implications for voting rights. U.S. District Judge Eric Melgren listened to arguments from attorneys Tuesday, but did not immediately rule. He did not say when he would issue his written decision. The lawsuit filed by Kansas and Arizona seeks to force the U.S. Election Assistance Commission to include the heightened requirements only for their residents. However, the Justice Department has argued that changing the requirements on the federal form for those two states would in essence affect nationwide policy, because it might encourage other states to seek increased proof of citizenship to register to vote in federal elections.

National: Proposed Voting Rights Fix May Leave Latinos Vulnerable at Polls – NBC News.com

Until recently, the federal government monitored states like Arizona — which has the country’s fifth-largest Hispanic eligible voter population — that had a demonstrated history of racial discrimination at the polls. Arizona was one of nine states, along with other jurisdictions, required by Section 5 of the 1965 Voting Rights Act, to get federal approval before making changes to its voting laws. But in 2013, the Supreme Court invalidated key parts of the Voting Rights Act, ruling in Shelby County v. Holder that they were based on outdated data. In response, a bipartisan group of lawmakers has introduced legislation that would strengthen the Voting Rights Act. Reps. Jim Sensenbrenner, R-Wis., John Conyers, Jr., D-Mich. and Sen. Patrick Leahy, D-Vt., have introduced the Voting Rights Amendment of 2014. But under their plan, only four states – Georgia, Louisiana, Texas, and Mississippi – would initially be subject to federal supervision.

National: Eric Holder makes case for felons to get voting rights back | The Washington Post

Attorney General Eric H. Holder Jr. on Tuesday called on states to repeal laws that prohibit felons from voting after their release from prison, urging changes that could allow millions more across the country to cast ballots. In a speech at Georgetown University Law Center, Holder said, “It is time to fundamentally reconsider laws that permanently disenfranchise people who are no longer under federal or state supervision.” Holder said that current laws forbidding felons from voting make it harder for them to reintegrate into society. He pointed to a recent study that showed that felons in Florida who were granted the right to vote again had a lower recidivism rate.

National: A Valuable Resource for Election Recounts | Verified Voting Blog

Last week Citizens for Election Integrity Minnesota released Recount Principles and Best Practices, a document providing recommendations on key recount matters such as counting methods, transparency, voter intent and challengers. The document is especially welcome as it was produced through the cooperation of election officials and citizen activists and it is the first comprehensive set of best practices for recounts. It compliments CEIMN’s earlier documents on audits and their searchable database of state audit and recount laws.

In addition to the four authors, the report benefitted from review by a blue-ribbon panel of advisors, including election officials, election integrity advocates, journalists, and academics.  “Accurate and verifiable elections are essential for our democracy,” said Minnesota Secretary of State Ritchie, one of the reports authors. “This document and its recommendations will improve the way state and local election officials conduct recounts.”

National: NASS Elections report: Prepare for the worst | POLITICO

Are states prepared to deal with natural disasters during elections? A new report out Wednesday says while progress has been made, there’s room for improvement. With much of the East Coast facing the threat of another serious winter storm, the National Association of Secretaries of State is unveiling a report that looks at the current state of emergency preparedness of the nation’s elections rules, and makes recommendations for states to better prepare for the unexpected. Spurred by the landfall of Hurricane Sandy days before the November 2012 election, NASS formed a task force of secretaries of state and elections officials from 24 states last January to assess what could be done in such cases. The task force will present their findings Thursday to elections officials from around the country. The group found that only 12 of the 37 states that responded to its survey have laws dealing with postponing an election, and only 11 require contingency planning by law. Nevertheless, a majority of states have proactively developed such plans, they found.

National: Election Panel: Long Lines Were Management Problem | NPR

The commission President Obama appointed last year to figure out how to fix long lines at the polls and other election problems has sought to steer clear of the many partisan land mines surrounding how Americans vote. The two co-chairmen of the panel continued to that navigation Wednesday as they presented their unanimous recommendations to the Senate Rules Committee. When asked by Democrat Amy Klobuchar of Minnesota whether some states were doing things intentionally to disenfranchise voters — like limiting early-voting days — commission co-chairman and Democratic election lawyer Bob Bauer responded diplomatically. First, he said the commission was struck by how much it had heard from both Democrats and Republicans, “once the lights were off and the doors were closed,” about their desire to improve the way elections are run. And then he told senators that any partisan plots to disenfranchise voters would be far less likely to succeed if states adopted some of the changes proposed by the bipartisan panel, like improving the accuracy of voter registration lists.

National: Judge questions feds’ role in Kansas, Arizona voting laws | Wichita Eagle

A judge strongly questioned Tuesday whether a federal commission has the authority to prevent Kansas and Arizona from demanding proof-of-citizenship documents from people trying to register to vote using federal forms. Judge Eric Melgren repeatedly pressed Department of Justice lawyer Bradley Heard to explain how a Supreme Court decision last year on Arizona’s proof-of-citizenship law allows the federal Election Assistance Commission to reject requests from Arizona and Kansas to add state-law requirements to the instructions for filling out the voting form. “The single pivotal question in this case is who gets to decide … what’s necessary” to establish citizenship for voting, Melgren said. Heard said that decision lies with the EAC under the federal National Voter Registration Act, also known as the motor-voter law. He said the law empowers the commission to decide what questions and proofs are necessary to include in the federal registration form.

National: Paul drafts bill to restore voting rights for ex-felons | TheHill

Political figures strongly opposed on other issues found common ground Tuesday at the Georgetown University Law Center as Sen. Rand Paul (R-Ky.) and Attorney General Eric Holder both voiced support for restoring voting rights to some ex-convicts. Paul is working on a bill, referred to as the Civil Rights Voting Restoration Act, that would apply to federal elections, he said during a speech at the law center. “We think that if you had a nonviolent felony — we’re for getting you voting rights,” said the senator, who hails from one of handful of a states where felons can permanently lose access to the voting booth. Paul’s remarks come as Democratic Attorney Gen. Eric Holder urged states to scrap laws restricting voting rights for ex-cons who have served their sentences, completed probation, and paid all their fines.

National: Felons Should Regain Voting Rights After Serving: Holder | Bloomberg

Felons who have served their sentences shouldn’t be blocked from voting by state laws that disproportionately affect minorities, Attorney General Eric Holder will say today. “These restrictions are not only unnecessary and unjust, they are also counterproductive,” Holder said in remarks prepared for delivery this morning in Washington. “These laws deserve to be not only reconsidered but repealed.” Holder’s push for restoring voting rights of felons is the latest change he’s seeking in long-standing criminal justice policies that he has said do nothing to make Americans safer and have steep costs.

National: Republican Party wing creates 18 fake websites for Democrats | Los Angeles Times

If you support Democratic Rep. Ann Kirkpatrick’s bid for reelection, stay away from annkirkpatrick.com. The site might greet visitors with a welcoming photo of the Arizona congresswoman and a screaming “Kirkpatrick for Congress” logo, but that design belies its true agenda. Funded and created by the Republican Party’s congressional campaign wing, the site’s true aim is in the fine print: to defeat Kirkpatrick, described as “a huge embarrassment to Arizona.” The National Republican Congressional Campaign bought up hundreds of URLs ahead of the 2014 election cycle and has created nearly 20 websites appearing to support Democratic candidates in all but the small print, a spokesman for the campaign confirmed Thursday. The NRCC rolled out the first such site in August, targeting Sean Eldridge, who is facing a tough race in New York’s 19th district. Since then, the organization has created mock campaign sites for 17 other candidates, including House Minority Leader Nancy Pelosi (D-San Francisco) and Alex Sink, a candidate for Florida’s 13th district.

National: The IRS Swings on Dark Money but Misses the Target | The Nation

If you’re concerned about “dark money” in politics and the tsunami of cash from the super-wealthy and corporations pouring into the political system, or if you were outraged by the recent “scandal” involving the IRS’s clumsy assessment of 501(c)(4) groups, your ears probably perked up when you heard that the Internal Revenue Service has issued draft regulations to “provide clarity” to the rules that govern so-called “social welfare” organizations. Yet the new regs will do almost nothing to fix the things you think are broken and may, in fact, do some real damage to the ability of everyday Americans to have an impact on the political process. The proposed rules cover 501(c)(4) groups, named for the section of the tax code that governs them. Although this is the segment of the nonprofit world best known for notorious organizations like Karl Rove’s Crossroads GPS, it is actually made up of over 86,000 mostly small organizations nationwide, some of which are almost certainly active participants in your own community’s civic life. They weren’t invented in the last election cycle; they’ve been around for generations. Their purpose isn’t to hide donors but to advance policies. The big, famous guys and the shady newcomers get all the attention, but they aren’t typical of the sector, any more than Lady Gaga and Justin Bieber reflect the experience of the bulk of the people making a living in the music industry.

National: Recount Principles and Best Practices | Citizens for Election Integrity Minnesota

As the United States enters the critical mid-year election season with close outcomes all but guaranteed, Citizens for Election Integrity Minnesota (CEIMN) announces a new and concise resource, Recount Principles and Best Practices. This document addresses a wide range of recount topics, including initiating mechanisms, funding, transparency, impartiality, counting methods, targeted recounts, and rules for determining voter intent. CEIMN convened four nationally recognized, bipartisan authors and a blue-ribbon panel of advisors to distill their extensive recount experience into key principles and best practices. Download the Document Here

National: IRS tea party hearing veers into voting rights debate | POLITICO.com

A conservative group claiming it was targeted by the Internal Revenue Service stole the show at a congressional hearing on Thursday when it veered off topic and accused top panel Democrat Rep. Elijah Cummings of harassment. Catherine Engelbrecht, president of True the Vote, complained that Cummings, ranking member of the House Oversight and Government Reform Committee “sent letters to True the Vote, demanding much of the same information the IRS had requested” after she filed for nonprofit status and then “would appear on cable news and publicly defame me and my organization.” Democrats called it outrageous that Republicans gave the group a platform to attack a member, and even some Republicans tried to change the subject back to the IRS controversy itself.

National: Digital voting machines are aging out of use | USAToday

Lori Edwards needs a new voting system for Polk County, Fla., where she is the supervisor of elections for 360,000 registered voters. She has just two problems: There is no money in the budget, and there is nothing she wants to buy. Edwards faces what a bipartisan federal commission has identified as an “impending crisis” in American elections. After a decade of use, a generation of electronic voting equipment is about to wear out and will cost tens of millions to replace. Though voters can pay for coffee with an iPhone, technology for casting their ballots is stuck in the pre-smartphone era — because of a breakdown in federal standard-setting. Polk County exemplifies the problem. The county’s 180 Accu-Vote optical scanner voting machines are 13 years old. Each weighs about as much as a microwave oven, Edwards says, and they occasionally get dropped. Sometimes, when poll workers are setting up for an election at 6 a.m., one of the machines won’t turn on — so Edwards has a backup machine for every 10 voting locations. She has been buying additional machines — used ones are $6,000 each — to have more backups available. Presidential candidates have yet to declare themselves for the 2016 election, but Edwards is already thinking about how to make sure Polk County’s balloting goes smoothly. “I worry about ’16. I worry about 2014. It’s something I’m kind of facing every day,” she says. “The equipment is going to start breaking down. I feel like I’m driving around in a 10-year-old Ford Taurus and it’s fine and it’s getting the job done, but one of these days it’s not going to wake up.”

National: Federal judge limits extent of court’s review in voter citizenship case | Associated Press

A judge has agreed to limit what material the court can consider in a lawsuit filed by Kansas and Arizona seeking to force federal election officials to modify voter registration forms to require proof-of-citizenship from residents in those states. U.S. District Judge Eric Melgren on Wednesday sided with the U.S. Election Assistance Commission in limiting his review to the existing administrative record, rather than hold an evidentiary hearing in the case.

National: GOP defends tricky campaign contribution websites | NBC

Republicans are defending a series of websites they established that appear to support Democratic candidates for Congress, but instead direct contributions to the GOP. The National Republican Congressional Committee (NRCC) said its websites were not confusing, and accused Democrats of crying foul because their candidates were struggling. The sites, like this one for Arizona Democratic Rep. Kyrsten Sinema, feature a “Kyrsten Sinema for Congress” banner, and a picture of the first-term congresswoman from a competitive Maricopa County district. The sites also display a clear, but smaller secondary banner, urging contributions to “help defeat” (in this case) Sinema. At the bottom of the page, it features an NRCC disclaimer.

National: Kansas, Arizona rekindle voter citizenship lawsuit | Associated Press

Kansas and Arizona have rekindled a lawsuit seeking to force the U.S. Election Assistance Commission to require residents to show proof-of-citizenship when registering to vote, arguing that a recent agency decision to deny the requests was unlawful. In a filing late Friday in a case with broad implications for voting rights, the two states asked U.S. District Judge Eric Melgren to order federal officials to include state-specific requirements in federal voter registration forms. Kansas and Arizona require voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. People who register using the federal form sign only a statement under oath that they are U.S. citizens. The latest legal move was not unexpected. Melgren had previously scheduled a Feb. 11 hearing in the wake of a decision last month by the election commission that rejected the states’ requests, finding that stricter proof-of-citizenship rules hinder eligible citizens from voting in federal elections.

National: The exciting war to make secretaries of state more boring | Washington Post

On Thursday, a new voting-rights campaign called iVote launched, and it plans to target its resources at secretary of state races in Colorado, Nevada, Iowa and Ohio. Last week, a conservative super PAC named SOS for SoS kicked off its fundraising campaign in secretary of state races in nine states — including Colorado, Iowa and Ohio. In December 2012, two longtime Democratic strategists started the SoS (Secretary of State) for Democracy super PAC, which plans to be involved in six races — including Ohio and Iowa. Why has a series of elections known to send the most aerobic of election-year browser refreshers into a deep sleep suddenly taken on the contours of a close Senate contest? Blame a string of events that started with the 2000 presidential election and reached their climax with the current battle over voting rights. The Constitution states, “the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” and in 38 states, secretaries of state are tasked with carrying out the will of the legislature and orchestrating the complex system that decides who gets to run the country.

National: In A Political Campaign, Is There A Constitutionally-Protected Right To Lie? | Forbes

On January 10, 2014, the U. S. Supreme Court agreed to hear arguments from two political action committees that seek standing to thwart the strictures of the Ohio Election Commission, which, by statute, had sought to bar billboard ads that allegedly lied about a Congressional candidate’s positions.  The candidate claimed that the ads were intentionally false and misleading, and were designed to damage his reputation and hurt his bid to retain his seat in the U. S. Congress.  The political action committees (the Susan B. Anthony List, which is committed to female candidates who oppose abortion, and the Coalition Opposed to Additional Spending and Taxes) have succeeded in having their appeal docketed for hearing by the high court (SBA List, et al, petitioners v. Steven Driehaus, et al ). Governmental attempts to “outlaw” election campaign lies raise significant and delicate “free speech” issues:  Can states insist on truth in slander?  Can states bar knowing falsehoods in ads whose purpose is to damage a particular candidacy?