National

Voters around the country encountered malfunctioning machines, website crashes and delayed polling place openings, but the problems for the most part appeared sporadic rather than systemic and there was no immediate indication that they factored in the outcome of an election. Beyond routine mechanical problems, the midterm elections Tuesday also represented for some states the first major tests of new voter identification laws that opponents say disenfranchise minorities and the poor. In Texas, where the U.S. Supreme Court last month let stand a strict photo ID law, there were reports of “voter confusion about how and whether their votes would be counted,” according to Election Protection, a voter advocacy coalition. The law, which Democrats had said would prevent roughly 650,000 people from casting a ballot, meant voters had to show one of seven approved kinds of photo identification. The law has not previously been used in congressional elections or a high-profile race for governor such as the one Tuesday, won by Republican Greg Abbott.

National: Midterm Voter Suppression Election Protection Hotline Swamped | New Republic

t may never be possible to calculate exactly how many eligible voters were unable to vote Tuesday due to new voter-ID laws, registration problems, and polling location misinformation. Wendy Weiser, the director of the Democracy Program at the Brennan Center, wouldn’t give an estimate of how many people were likely blocked from the polls this year, but she did say that millions of Americans were affected by new changes, particularly laws passed after the Supreme Court struck down Section 4 of the Voting Rights Act last summer. In Texas alone, the implementation of a new voter-ID law meant that 600,000 registered voters lacked the proper identification. You can get a sense, though, of the scale of voter difficulties from the Election Protection Hotline (866-OUR-VOTE). The hotline is a project of the Election Protection Coalition, led by the Lawyers’ Committee for Civil Rights Under Law. The hotline handles calls from voters who need to know if they’re registered, find their assigned polling locations, and report difficulties in their attempts to vote. Yesterday, the national hotline had taken over 16,000 calls by 8 p.m., with 3.5 hours to go until polling ended. (By comparison, the hotline received 12,857 calls all day on Election Day in 2010.)

National: States ditch electronic voting machines | The Hill

States have abandoned electronic voting machines in droves, ensuring that most voters will be casting their ballots by hand on Election Day. With many electronic voting machines more than a decade old, and states lacking the funding to repair or replace them, officials have opted to return to the pencil-and-paper voting that the new technology was supposed to replace. Nearly 70 percent of voters will be casting ballots by hand on Tuesday, according to Pamela Smith, president of election watchdog Verified Voting. “Paper, even though it sounds kind of old school, it actually has properties that serve the elections really well,” Smith said. It’s an outcome few would have predicted after the 2000 election, when the battle over “hanging chads” in the Florida recount spurred a massive, $3 billion federal investment in electronic voting machines. States at the time ditched punch cards and levers in favor of touch screens and ballot-scanners, with the perennial battleground state of Ohio spending $115 million alone on upgrades. Smith said the mid-2000s might go down as the “heyday” of electronic voting. Since then, states have failed to maintain the machines, partly due to budget shortfalls.

National: Voter laws: Stumbling blocks | The Economist

According to some civil-rights groups, voting on Tuesday was a bit of a mess. Changes to voting laws in more than a dozen states caused confusion, frustration, long lines and turned-away voters. Some people arrived at the polls in Texas without a valid photo-ID, while others in North Carolina were sent packing even though the state’s voter-ID law doesn’t take effect until 2016. Thousands of voters called hotlines complaining about inaccurate voter rolls, malfunctioning machines and bewildering new rules. Some volunteers at polling stations were reportedly just as flustered as everyone else. Such complaints are unsurprising. America wins few awards for administering orderly and streamlined elections. The way citizens register and vote is “still in the dark ages in many ways,” says Wendy Weiser of the Brennan Centre for Justice, a public-policy think-tank. Most states rely on a paper-based registration system, and many close registration weeks before election day. Few allow voters to vote early, which leads to crowding and last-minute hiccups at polling stations. Polling staff tend to be untrained volunteers, and many machines are either incredibly old or new and untested. Different states also have different voter laws, with little integration of voter data, which makes it tricky when people move.

National: States ditch electronic voting machines | The Hill

National: Unusual level of glitches at US polling stations reported on election day | The Guardian

November 6, 2014

As the United States went to the polls for the first time in 50 years without the full protection of the federal Voting Rights Act on Tuesday, lawyers and voter registration groups around the country reported an unusual level of irregularities and glitches at polling stations. The largest non-partisan voter protection coalition in the US received more than 12,000 calls to its hotline from people struggling to cast their ballot amid a slew of new voter-ID laws. The coalition of 150 groups led by the Lawyers’ Committee for Civil Rights Under Law said it has received an unusually high volume of distress calls from would-be voters to its eight call centers across the country. The top three states (in terms of the number of cries for help) were Florida – a state notorious for its long lines and historical voting interference – Georgia, and Texas. In Georgia, almost 1,500 calls had come in over the past two days and long lines were reported in Atlanta and several other urban centers. Many were from people who are among the 40,000 “disappeared” people who were registered to vote but whose details have not been transferred to voting rolls, a problem that was exacerbated on Tuesday by the secretary of state’s own voting website crashing, leaving voters in the dark about the location of their polling stations.

National: Preliminary Turnout Numbers Are Way Down From 2010 And 2012 | FiveThirtyEight

November 6, 2014

We don’t know final turnout numbers for Tuesday’s elections for the same reason we don’t have official winners in the Senate races in Alaska and Virginia: Ballots remain uncounted. Nonetheless, enough data is in for Michael P. McDonald, a political scientist at the University of Florida, to make preliminary estimates of turnout. And what they show is a steep decline from recent national elections. McDonald estimates that just 36.6 percent of Americans eligible to vote did so for the highest office on their ballot. That’s down from 40.9 percent in the previous midterm elections, in 2010, and a steep falloff from 58 percent in 2012.

National: As New Rules Take Effect, Voters Report Problems in Some States | New York Times

Some longtime voters in Texas reported on Tuesday that they were refused a ballot because they lacked newly required photo identification. In North Carolina, voters who showed up at the wrong precinct were unable to vote, reflecting a new policy. And in Georgia, hundreds of frustrated people called a hotline to say they were unsure if their voter registrations had been processed, some of the thousands of would-be new voters who reportedly faced uncertainty. In many cases, the accounts seemed to reflect concerns raised by civic groups and civil rights leaders that new photo identification requirements in several states and cutbacks in early voting and same-day registration in others would deter significant numbers of people from participating in the elections. Most of the new policies were adopted by Republican legislatures in the name of electoral integrity, even though evidence of voter fraud has been negligible. They are opposed by Democrats who say tighter rules are aimed at discouraging minorities, poor people and college students, groups that tend to prefer Democrats, from voting. Many of the changes adopted in recent years “will make it harder for millions of Americans to participate,” said Wendy R. Weiser, director of the democracy program at the Brennan Center for Justice at New York University School of Law. “But the problems of disenfranchisement don’t show up in a visible way,” Ms. Weiser added. “It’s people who don’t show up, or someone’s who’s turned away.”

National: U.S. voters contend with new voting rules in 14 states | Reuters

U.S. voters in 14 states are navigating new laws that critics say make it harder for lower-income and minority voters, who typically back Democrats, to cast ballots in the midterm elections. Advocacy groups across the country are gearing up to help voters contend with cutbacks in early voting and new state requirements for voter identification, which the mostly Republican sponsors say are necessary to combat voter fraud. Democrats and civil rights groups counter there is scant evidence of fraud, and say the measures are a Republican effort to depress turnout by Democratic-leaning demographic groups such as the young, poor and minorities. The laws are the latest in a wave of voting restrictions instituted by Republican-controlled legislatures and Republican governors since the party’s big election gains in 2010. Many are being used for the first time in a national election on Tuesday, after the U.S. Supreme Court in June 2013 invalidated a section of the Voting Rights Act that required areas with a history of racial discrimination, mainly in the U.S. South, to get federal approval for changes to voting laws.

National: Voting machine, ID problems crop up in U.S. elections | Reuters

Voting machine and voter identification problems emerged in some U.S. states on Tuesday when Americans went to the polls in midterm elections that will shape the final two years of Barack Obama’s presidency. Although a full picture of the problems was not yet clear, officials and voting rights advocates reported machine failures in North Carolina and Texas, polling breakdowns in a key Florida county and an overall increase in the number of people reporting they were turned away for lack of proper identification. “It all points to problems we need to solve,” said Wendy Weiser, director of the non-partisan Brennan Center Democracy Program. In North Carolina, where a strict election law barring provisional voting outside a voter’s normal precinct was upheld last month by the U.S. Supreme Court, voting was briefly halted at one precinct after officers responded to an altercation between voters and election officials, according to the state’s Democratic Party. There were also reports of voting machines in Columbus County that were down but later fixed, said Election Protection, a non-partisan voting rights group.

National: Voting monitors report complaints in states with new voter ID laws | Los Angeles Times

Poll monitors and voting rights groups reported thousands of questions and complaints during the early hours of voting in the first major national election since the Supreme Court overturned key aspects of the Voting Rights Act. The Election Protection Coalition, composed of civil society activists and lawyers, reported receiving more than 14,000 calls to its election day hotline from voters asking for registration information and to report complaints about mistreatment at the polls. That tally, through 5 p.m. EST, was higher than the total number of calls they received during the last midterm election in 2010, the group said. “Today and for the past several weeks during early voting, we have been witnessing the most unfair, discriminatory and confusing election landscape in almost 50 years,” said Wade Henderson, president of the Leadership Conference on Civil and Human Rights, a member of the coalition. The most complaints came from Georgia, Florida and Texas, the group said. All three states have some form of voter identification law.

National: How Facebook Could Skew an Election | The Atlantic

Open Facebook today and you’ll see a public service announcement of sorts. “It’s Election Day,” proclaims the text. “Share that you’re voting in the U.S. Election and find out where to vote.” Then Facebook offers you a button to do that sharing: “I’m a Voter.” To entice you to Vote (or, at least, click that button), Facebook listed a couple friends’s names and some profile pictures, and told me that 1.8 million other people had already done the same. (Which is a little staggering, since polls hadn’t even opened on the West Coast yet.) This civic-minded setup has become an election-day tradition on the website. Some form of the “I Voted!” button has appeared on the page for every major U.S. election since 2008. You vote, then you tell Facebook about it, exhorting your friends to engage in their civic duty. These buttons, though, have also always been part of experiments. The voting button in 2010, for instance, was part of a study later published as “a 61-million-person experiment in social influence and political mobilization.” That study found that the voting button could shape who actually voted to a significant degree: If you’re told your friends have voted, you’re 0.39 percent more likely to vote than someone who hasn’t. Facebook believes that in 2010, its election-day module was responsible for more than 600,000 additional votes.

National: America’s Long, Weird Search for the Perfect Voting Machine | Gizmodo

Millions of Americans will vote today, and for the first time in years, many of them will use paper ballots. For a nation that’s produced some of the most advanced machines in the world, we’ve had a hell of a time figuring out one of the most important. However you vote today, take a second (and make sure your machine isn’t switching your vote) to consider just how massive a project elections are: Over a single day, millions of Americans filter through gyms, fire halls, and community center to vote, creating individual data points in all are analyzed over the course of a few hours. It’s a remarkable project of numbers and engineering, and it helps to explain why voting is still evolving two centuries after the first American election. To get a sense of how many iterations and failures have plagued voting day, look no further than the U.S. Patent and Trademark Office, which helpfully pulled some of the more notable machines from its archives today, adding, “as Americans embrace their Constitutional right to vote, they’ll have IP all around them.” If you go all the way back in the USPTO’s archives, you’ll find dozens of patents for “improvements to ballot boxes,” to outsmart ballot stuffers. According to Richard Bensel’s The American Ballot Box in the Mid-Nineteenth Century, intimidation was common in polling places across the country, where Americans would cast their votes amongst their peers.

National: Voter ID Laws Sowed Confusion Tuesday, Lawyers Report | National Law Journal

Civil rights lawyers monitoring polls across the country on Tuesday reported some confusion in states where contested voter identification laws were in effect. In Texas, where the state’s voter ID law faces a court challenge, voters reported receiving contradictory information about what types of identification they could show at the polls, according to Nicole Austin-Hillery of the Brennan Center for Justice. The U.S. Supreme Court ruled last month that Texas officials could enforce the law while a court challenge was pending. In Virginia, there were inconsistencies in how poll workers implemented the state’s voter ID law, according to Hope Amezquita of the American Civil Liberties Union of Virginia; this was the first statewide election with the law in effect. Amezquita said her team fielded reports from two counties about voters showing up without identification who weren’t provided with provisional ballots, which should have happened. “There are people out there who did not vote and should have been offered the opportunity,” Amezquita said. “If it’s happening and we’re hearing about it, it’s probably happening elsewhere and we’re not hearing about it.” Vicky McPherson, a shareholder at Greenberg Traurig who was coordinating lawyers monitoring polls through the National Bar Association, reported situations in which Virginia voters were asked to provide supplemental identification when they weren’t legally required to do so. She said her team was in touch with state officials to make sure they were giving poll workers proper instructions.

National: With new voter laws, fears persist of fraud | McClatchy

With several key elections potentially hinging on razor-thin margins, Americans went to the polls Tuesday in 34 states with new voting laws that critics fear will adversely impact minority turnout and proponents say are needed to protect against voter fraud. The new laws – ranging from photo identification requirements to restrictions on same-day registration – brought increased scrutiny Tuesday from the two major political parties, civic groups, voting rights advocates and the Justice Department, almost all deploying monitors and lawyers to polling stations to look out for voting problems. “It’s the new normal since 2000,” said Richard Hasen, a law and politics professor at the University of California, Irvine, and author of “The Voting Wars: From 2000 to the Next Election Meltdown.” “Some of this is legitimate fear, some of it is a way of getting the base wound up and (to) raise funds.” From the moment polls opened ‑ and in some cases before ‑ reports of voting irregularities began. The Lawyers’ Committee for Civil Rights Under Law’s election protection program reported more than 12,000 calls to its hotline – the bulk of them from Florida, Georgia, Texas, New York and North Carolina.

National: Voting rights activists monitoring polls in 4 states with ID laws | UPI

November 4, 2014

On Election Day, laws restricting the right to vote remain controversial, prompting voting rights advocates to scrutinize the polls in four states.
The 2014 midterms are boiling down to a battle over control of the deeply partisan Senate, though numerous state and local races are also on ballots across the country. Restrictions involving voter ID, voter registration, early voting and others have become symbolic of such political divisiveness. Yet voting rights advocates are primarily concerned about people having equal, unfettered access to the polls — in Tuesday’s elections and beyond. “The integrity of our elections is sacred,” said Dale Ho, director of the American Civil Liberties Union’s Voting Rights Project. “There are cynical hucksters out there who have decided this is the way to win elections. But if you look at the evidence, you see they’re not necessary.”

National: Can we trust the Internet with our most basic civic duty? | DecodeDC

November 4, 2014

Americans across the country will participate Tuesday in one of the most basic civic duties: voting. For many, that means taking time off work, driving to a designated polling place and casting their ballot through standalone voting machines. But what if the process of voting could be vastly different? Today we can do almost anything on the Internet from banking to ordering take-out, so it only feels natural that we should be able to vote that way too. … Not all elections experts think going online is a great idea. But Thad Hall, a professor of political science at the University of Utah, is ready. You know it’s kind of the ultimate easy, convenient way to vote. And I don’t have to have a piece of paper, I don’t have to mail it back, I can send my ballot instantaneously. If Hurricane Sandy comes, I don’t have to worry about voting because I can just vote from my phone or I can vote from a computer somewhere.” But then there are the naysayers, many of them statisticians and engineers who think the Internet is too insecure for such a sacred thing as voting.

National: Internet voting “not ready for prime time” | USA Today

November 3, 2014

Voting machines are so 20th century. Shouldn’t we able to vote on our smart phones by now? Here’s where a cornerstone of American democracy runs smack dab into the limits of computer science, say experts. Internet voting is “completely not ready for prime time. The security and reliability issues are significant,” says Marc Rotenberg, of the Electronic Privacy Information Center, a non-profit in Washington D.C. Despite that, about 3 million Americans will be eligible to vote online this election, according to Verified Voting, a non-profit that promotes election accuracy, transparency and verifiability. Most are members of the armed services who are deployed overseas. According to Dan Wallach, an expert on electronic voting system and professor of computer science at Rice University, no Internet voting systems are secure. “It turns out to be really hard to build a network system that’s hard to break into.” JPMorgan, Target and Home Depot have learned that lesson, and they have far more money and expertise available to them than local election officials, Wallach says.

National: If we can buy shoes online, why can’t we vote? | El Paso Inc.

November 3, 2014

Elections are just around the corner, and yes, there is an app for that. But it won’t vote for you. In a buzzing and ringing world, technology has become an integral part of society, where almost anything can be done with the press of a fingertip. But when voting is involved, things get a little tricky. With more than a million apps in the Google Play store and 900,000 apps in the Apple Store, users can download a variety of voting and polling apps. Several states, including Tennessee and Louisiana, have released voting apps that are free or can be purchased in the Apple and Android store for smartphones. New Hampshire is developing its own app for the midterm elections. Voters can’t cast ballots with these apps, but they can use them to find polling locations, ask for absentee ballots, look at sample ballots and more.

National: Legal teams brace for election battles | The Hill

November 3, 2014

Candidates from Alaska to Iowa are preparing legal teams in case tight election battles go into overtime, potentially prolonging the battle for Senate control indefinitely. New voting laws in some states, razor-thin margins in others and high stakes nationwide have increased the likelihood of recounts and challenges that could drag on for weeks or even months. It’s a prospect that has both parties preparing for any contingency, mobilizing an army of staff and volunteers in their dozen top battleground states to watch for legal violations on Election Day and be prepared to fight legal battles afterwards. With six of the GOP’s top-targeted races down to margins of less than a point, both parties say any state is ripe for a post-election legal battle. Marc Elias, national Democrats’ go-to election lawyer, said he’s gearing up for issues everywhere. “I am prepared for any of the competitive states. I don’t have the luxury of knowing whether it’s gonna be a good night for the Democrats and therefore Kentucky and Georgia are close or a bad night and the close races are in Colorado and Iowa,” he said.

National: Today’s voting freakout: noncitizens are coming to steal your election | Los Angeles Times

November 1, 2014

With only a few days left before election day, pretexts for panic over the sanctity of the ballot box are dwindling down to a precious few. Two political scientists from Virginia’s Old Dominion University have done their part, with an article on the Washington Post’s Monkey Cage politics website asserting that control of the Senate could be “decided by illegal votes cast by non-citizens” on Tuesday. The column by Jesse Richman and David Earnest is based on their longer paper in the journal Electoral Studies. Their methodology already has been challenged by other political scientists who argue that Richman’s and Earnest’s statistical sample doesn’t warrant their conclusions. That hasn’t kept some right-wing pundits from using it as a justification for the wholesale restrictions on voting imposed by Republican state governments across the nation. That’s because the Old Dominion researchers conclude that the noncitizens at issue tend to skew Democratic. Breitbart.com’s headline was “Study: Voting by non-citizens tips balance for Democrats.” RedState’s was “Study: Illegal votes can determine elections; Voter ID not sufficient.” Keep your eye on that RedState headline for a clue to how the study, as meager as it is, will be misused in the voter ID wars. What Richman and Earnest say isn’t that Voter ID is “not sufficient”; they say it’s not effective. In fact, they call it “strikingly ineffective” at stemming non-citizen voting.

National: Judicial election outrageous ads: Campaign contributions break records. | Slate

November 1, 2014

f you really think about it, who among us hasn’t been accused on television of coddling child molesters? A few years ago, in the spirit of Halloween, we created an “Evil Men in Black Robes” Halloween Spooktackular, pulling together some of the worst in scary judicial election attack ads. Well, they’re baaaaack, and some of them are worse than ever. This time it’s not just the judicial candidates literally inhabiting the pockets of special interests (although we do have a creepy pocket judge again), but also sitting judges accused of coddling child molesters, rapists, and more. In 39 states, some or all judges must face some kind of election—often a partisan one. These races used to be about as interesting to watch as Bingo night. But now, it’s all Law and Order, and all the time. The ads are scarier than the shows they interrupt.

National: Pentagon watchdogs scrutinize states’ push toward online voting | McClatchy

Nevada’s election chief says the state’s much-ballyhooed new system for electronically delivering absentee ballots to troops and other citizens overseas isn’t an “online” voting system, even if it offers those abroad the option of emailing marked ballots to county clerks. But his boss, Nevada Secretary of State Ross Miller, described the system differently in testimony to Congress last year, boasting that it would allow voters abroad “to request, mark and deliver a ballot to their county without the need of a printer or a scanner.” The office of Pentagon Inspector General John Rymer is taking a hard look at systems like Nevada’s to see whether they’re violating a prohibition on the use of Defense Department grant dollars to create online voting systems, a spokeswoman for Rymer told McClatchy. The prohibition was spurred by concerns that those systems are vulnerable to hackers. Republican Rep. Joe Wilson of South Carolina, the chairman of a House Armed Services subcommittee on military personnel, and the panel’s ranking Democrat, California Rep. Susan Davis, wrote Rymer last June requesting “a full and thorough investigation” to determine whether they’re designed to return votes electronically. So far, the inspector general’s office said, Rymer has ordered only an “assessment” of whether grant recipients are skirting the rules – a review not previously disclosed. At Wilson’s and Davis’ request, the inspector general’s office also is examining how an obscure Pentagon unit, whose task is to facilitate absentee voting overseas, spent $85 million in research funding from 2009 to 2013, Rymer’s office said.

National: Is It Voter Fraud or Voter Suppression in 2014? | New York Times

Earlier this month, the Supreme Court upheld a move by Texas lawmakers to implement voter identification checks at polls during the midterm elections this November. “Justice Ruth Bader Ginsburg issued a six-page dissent saying the court’s action ‘risks denying the right to vote to hundreds of thousands of eligible voters,’” reports Adam Liptak for The New York Times. “The law, enacted in 2011, requires voters seeking to cast their ballots at the polls to present photo identification like a Texas driver’s or gun license, a military ID or a passport,” he explains. “Those requirements, Justice Ginsburg wrote, ‘may prevent more than 600,000 registered Texas voters (about 4.5 percent of all registered voters) from voting in person for lack of compliant identification.’” At the heart of the voter-ID debate is the specter of voter fraud. Right-leaning pundits have expended hours upon hours of airtime persuading viewers of its widespread existence and insidious growth. “Voter fraud will occur” during the 2014 midterm elections, claims Hans von Spakovsky, writing for The Wall Street Journal. “Many states run a rickety election process, lacking rules to deter people who are looking to take advantage of the system’s porous security. And too many groups and individuals — including the N.A.A.C.P., the American Civil Liberties Union and U.S. Attorney General Eric Holder — are doing everything they can to prevent states from improving the integrity of the election process.” “Democrats want everyone to vote: old, young, white, black, Hispanic, Asian, citizen, non-citizen,” Mona Charen writes at National Review. “Voter-ID laws, passed by 30 states so far, are efforts by legislatures to ensure the integrity of votes. Being asked to show a photo ID can diminish several kinds of fraud, including impersonation, duplicate registrations in different jurisdictions, and voting by ineligible people including felons and non-citizens,” she says.

National: Arms race: Parties, groups ready thousands of lawyers for Election Day | McClatchy

As Americans prepare to vote Tuesday in dozens of tight elections, the two major political parties and interest groups across the ideological spectrum already have lawyered up for potential problems at the polls or with election results. On Election Day, armies of partisan attorneys and poll watchers will be at the ready at voting sites and in war rooms in almost every state, scrutinizing nearly every aspect of the voting process and prepared to spring into action if they see something that could adversely impact their candidate or cause. “The parties are well lawyered up,” said Richard Hasen, a University of California, Irvine, law and political science professor and the author of “The Voting Wars: From 2000 to the Next Election Meltdown.” “It’s a tactic and a tool. It’s like an arms race.”

National: New Voting Restrictions Could Swing the 2014 Election | The Nation