National: U.S. Supreme Court Examines Voting Rights in Two Cases | NY Law Journal

Retired Supreme Court Justice Sandra Day O’Connor recently said that she has second thoughts about Bush v. Gore. Whatever feelings she now expresses, the U.S. Supreme Court’s involvement at that time obviously had implications for election law, and, of course, the direction of our nation. Since then, the court has ruled on a variety of important voting rights cases, and in a matter of weeks the court is expected to hand down decisions in two additional ones, also having far-reaching consequences. One involves an Alabama county that opposes federal oversight of its election procedures, and the other concerns the scope of Arizona’s law requiring voters to submit documentary proof of citizenship when registering to vote. Both cases, Shelby County, Ala. v. Holder and Arizona v. Inter-Tribal Council of Arizona, consider the authority of Congress to protect voters against state and local ordinances that impinge upon fundamental voting rights.

National: Why Mark Pocan wants constitutionally guaranteed right to vote | Capital Times

Supreme Court Justice Antonin Scalia made a point of emphasizing during the Bush v. Gore arguments in December 2000 that there is no federal constitutional guarantee of a right to vote for president. He was right about that. Indeed, as the reform group FairVote reminds us: “Because there is no right to vote in the U.S. Constitution, individual states set their own electoral policies and procedures. This leads to confusing and sometimes contradictory policies regarding ballot design, polling hours, voting equipment, voter registration requirements, and ex-felon voting rights. As a result, our electoral system is divided into 50 states, more than 3,000 counties and approximately 13,000 voting districts, all separate and unequal.” Mark Pocan wants to do something about that. With Minnesota Congressmen Keith Ellison — who like Pocan is a former state legislator with a long history of engagement with voting rights issues — the Wisconsin Democrat on Monday unveiled an amendment to explicitly guarantee the right to vote in the Constitution.

National: ‘Angry’ Obama announces IRS leader’s ouster in scandal | CNN

President Barack Obama vowed Wednesday to hold accountable those at the Internal Revenue Service involved in the targeting of conservative groups applying for federal tax-exempt status, beginning with the resignation of the agency’s acting commissioner who was aware of the practice. In a brief statement delivered to reporters in the East Room of the White House, the president announced that Treasury Secretary Jack Lew had requested — and accepted — the resignation of acting IRS Commissioner Steven T. Miller. The president said the “misconduct” detailed in the IRS Inspector General’s report released Tuesday over the singling out of conservative groups is “inexcusable.”
“Americans have a right to be angry about it, and I’m angry about it,” Obama said.

National: I.R.S. Says Counsel Didn’t Tell Treasury of Tea Party Scrutiny | New York Times

Attorney General Eric H. Holder Jr. on Wednesday warned top officials at the Internal Revenue Service that criminal laws on false statements could come into play in a Justice Department investigation on the agency’s targeting of conservative groups applying for tax-exempt status. Appearing at a hearing of the House Judiciary Committee, Mr. Holder said the investigation would examine whether groups of individuals had their civil rights criminally violated and whether statutes governing I.R.S. conduct were violated. After repeated accusations from senior lawmakers that top I.R.S. officials had lied to them, Mr. Holder also issued a warning: “False-statement violations might have been made, given at least what I know at this point.” Three Congressional committees already have hearings planned to investigate the agency’s activities, and an early focus appears to be on whether I.R.S. officials lied to members of Congress.

National: Acting Chief of I.R.S. Forced Out Over Targeting of Tea Party | New York Times

President Obama announced Wednesday night that the acting commissioner of the Internal Revenue Service had been ousted after disclosures that the agency gave special scrutiny to conservative groups. Attorney General Eric H. Holder Jr., meanwhile, warned top I.R.S. officials that a Justice Department inquiry would examine any false statements to see if they constituted a crime. Speaking in the White House’s formal East Room, Mr. Obama said Treasury Secretary Jacob J. Lew had asked for and accepted the resignation of the acting commissioner, Steven Miller, who as deputy commissioner was aware of the agency’s efforts to demand more information from conservative groups seeking tax-exempt status in early 2012. “Americans have a right to be angry about it, and I’m angry about it,” Mr. Obama said. “It should not matter what political stripe you’re from. The fact of the matter is the I.R.S. has to operate with absolute integrity.”

National: Report on I.R.S. Audits Cites Ineffective Management | New York Times

An inspector general’s report issued Tuesday blamed ineffective Internal Revenue Service management in the failure to stop employees from singling out conservative groups for added scrutiny. Congressional aides, meanwhile, sought to determine whether the Obama administration’s knowledge of the effort extended beyond the I.R.S. House and Senate aides said they were focusing on an Aug. 4, 2011, meeting in which the I.R.S.’s chief counsel appears to have conferred with agency officials to discuss the activities of a team in the Cincinnati field office that had been subjecting applications for tax-exempt status from Tea Party and other conservative groups to a greater degree of review than those from other organizations. Under I.R.S. rules, the agency’s chief counsel, William J. Wilkins, reports to the Treasury Department’s general counsel, and investigators want to determine if Mr. Wilkins took the issue out of the independent I.R.S. to other parts of the Obama administration.

National: IRS Sent Same Letter to Democrats That Fed Tea Party Row: Taxes | Businessweek

The Internal Revenue Service, under pressure after admitting it targeted anti-tax Tea Party groups for scrutiny in recent years, also had its eye on at least three Democratic-leaning organizations seeking nonprofit status. One of those groups, Emerge America, saw its tax-exempt status denied, forcing it to disclose its donors and pay some taxes. None of the Republican groups have said their applications were rejected. Progress Texas, another of the organizations, faced the same lines of questioning as the Tea Party groups from the same IRS office that issued letters to the Republican-friendly applicants. A third group, Clean Elections Texas, which supports public funding of campaigns, also received IRS inquiries.

National: How IRS Review of U.S. Nonprofits Erupted Into Scandal | Bloomberg

What is known so far about the Internal Revenue Service’s examination of political nonprofit groups doesn’t answer one main question — whether the U.S. tax agency’s actions were malicious or just inept. IRS employees, trying to figure out how to sort through a surge in applications for nonprofit status, used shortcut phrases such as “Tea Party” and “patriot” to flag groups for scrutiny, according to an inspector general’s timeline. After IRS officials raised concerns in June 2011, there’s no evidence that the agency started over with a new system. That scrutiny was elevated to a scandal on May 10, when Lois Lerner, the director of the IRS’s Exempt Organizations Division, acknowledged in remarks to a conference of tax lawyers that applications using those phrases had been singled out for extra examination. The filtering done by IRS employees in Cincinnati now imperils the agency’s ability to enforce the laws on politically active nonprofit groups.

National: The IRS Tea Party Scandal, Explained | Mother Jones

On Friday, May 10, a top official with the Internal Revenue Service dropped a bombshell. IRS staffers had singled out conservative organizations with “tea party” or “patriots” in their name that were seeking tax-exempt nonprofit status, subjecting them to extra scrutiny to see if they were abusing the tax law as it relates to political activity. They grilled these conservative groups about their members, their donors, their public statements, and who they employed. And there is no evidence yet that the IRS systemically treated non-conservative groups with the same level of attention. Speaking to a group of tax lawyers, the IRS official, Lois Lerner, who oversees the agency’s exempt organizations division, publicly apologized for the IRS’s actions. Ever since, Democratic and Republican politicians have been falling over themselves to condemn the IRS.

National: IRS Office That Targeted Tea Party Also Disclosed Confidential Docs From Conservative Groups | ProPublica

The same IRS office that deliberatelytargeted conservative groups applying for tax-exempt status in the run-up to the 2012 election released nine pending confidential applications of conservative groups to ProPublica late last year. The IRS did not respond to requests Monday following up about that release, and whether it had determined how the applications were sent to ProPublica. In response to a request for the applications for 67 different nonprofits last November, the Cincinnati office of the IRS sent ProPublica applications or documentation for 31 groups. Nine of those applications had not yet been approved—meaning they were not supposed to be made public. (We made six of those public, after redacting their financial information, deeming that they were newsworthy.)

National: IRS officials in Washington were involved in targeting of conservative groups | Washington Post

Internal Revenue Service officials in Washington and at least two other offices were involved with investigating conservative groups seeking tax-exempt status, making clear that the effort reached well beyond the branch in Cincinnati that was initially blamed, according to documents obtained by The Washington Post. IRS officials at the agency’s Washington headquarters sent queries to conservative groups asking about their donors and other aspects of their operations, while officials in the El Monte and Laguna Niguel offices in California sent similar questionnaires to tea-party-affiliated groups, the documents show. IRS employees in Cincinnati told conservatives seeking the status of “social welfare” groups that a task force in Washington was overseeing their applications, according to interviews with the activists.

National: Senate Democrats demanded stricter IRS standards for tax-exempt groups | Washington Post

A group of Senate Democrats, led by Charles Schumer (D-N.Y.), complained to the IRS commissioner in 2012 that political groups were improperly claiming tax-exempt status and possibly allowing donors to wrongly claim tax deductions for their contributions. The lawmakers promised legislation if the IRS failed to address the issues with specific measures, namely clarifying how much political activity is acceptable for tax-exempt groups, requiring the organizations to document how much of their work is dedicated to non-political purposes and demanding that they tell donors what percentage of their contributions can be claimed as deductions. “We urge the IRS to take these steps immediately to prevent abuse of the tax code by political groups focused on federal election activities,” the senators said.

National: Federal Election Commission revolving door spins ever so slowly | Politico.com

It’s one of the oldest traditions in Washington: Take an oversight post or a staff job on a government panel for a few years — then cash in at one of the city’s top law firms, lobbying shops or consulting outfits. But at the Federal Election Commission, the revolving door has virtually stopped moving. That’s mostly because for many qualified nominees, the post is just not worth the hassle. Unlike top regulatory or policy jobs at the Commerce Department, Securities and Exchange Commission, Federal Communications Commission and others, there’s not necessarily a lucrative job waiting at the end of their terms. Former commissioners, attorneys and outside observers say that lack of a potential career boost — or worse, losing business and clients with no guarantee of being confirmed — is one reason that’s kept potential new members on the sidelines.

National: Wider Problems Found at IRS | Wall Street Journal

The Internal Revenue Service’s scrutiny of conservative groups went beyond those with “tea party” or “patriot” in their names—as the agency admitted Friday—to also include ones worried about government spending, debt or taxes, and even ones that lobbied to “make America a better place to live,” according to new details of a government probe. The investigation also revealed that a high-ranking IRS official knew as early as mid-2011 that conservative groups were being inappropriately targeted—nearly a year before then-IRS Commissioner Douglas Shulman told a congressional committee the agency wasn’t targeting conservative groups. Tax-exempt groups organized under section 501(c)(4) of the Internal Revenue Code are allowed to engage in some political activity, but the primary focus of their efforts must remain promoting social welfare.

National: I.R.S. Apologizes to Conservative Groups Over Application Audits | New York Times

The Internal Revenue Service apologized to Tea Party groups and other conservative organizations on Friday for what it now says were overzealous audits of their applications for tax-exempt status. Lois Lerner, the director of the I.R.S. division that oversees tax-exempt groups, acknowledged that the agency had singled out nonprofit applicants with the terms “Tea Party” or “patriots” in their titles in an effort to respond to a surge in applications for tax-exempt status between 2010 and 2012. She insisted that the move was not driven by politics, but she added, “We made some mistakes; some people didn’t use good judgment. For that we’re apologetic,” she told reporters on a conference call.

National: The IRS’s big admission: What it means | The Washington Post

The Internal Revenue Service dropped a bombshell on the political world Friday morning, acknowledging that it inappropriately targeted conservative political groups in the 2012 campaign, subjecting them to additional screening in their applications for tax-exempt status. An IRS official told the Associated Press that low-level staff unjustly focused on groups with words like “tea party” and “patriot” in their name, and the groups were asked for donor information, likely in violation of IRS policy. The news was met with a healthy dose of I-told-you-so from the conservative and tea party communities, which have long been pitted against the IRS and have in the past accused it of just such politically inappropriate behavior.

National: GOP reaction in IRS case spurs calls for probe, apology | USAToday

President Obama should apologize for the admission by the IRS that it singled out conservative Tea Party groups for extra scrutiny as they applied for non-profit status, Republican members of Congress said Sunday. They also called for an investigation of the agency. Sen. Susan Collins, R-Maine, said the IRS actions were “truly outrageous” and “chilling” on CNN’s State of the Union. A public apology was “absolutely” needed, Collins said. “I think that it’s very disappointing the president hasn’t personally condemned this and spoken out. … (T)he president needs to make it crystal clear that this is totally unacceptable in America.”

National: IRS kept shifting targets in tax-exempt groups scrutiny: report | Reuters

When tax agents started singling out non-profit groups for extra scrutiny in 2010, they looked at first only for key words such as ‘Tea Party,’ but later they focused on criticisms by groups of “how the country is being run,” according to investigative findings reviewed by Reuters on Sunday. Over two years, IRS field office agents repeatedly changed their criteria while sifting through thousands of applications from groups seeking tax-exempt status to select ones for possible closer examination, the findings showed. At one point, the agents chose to screen applications from groups focused on making “America a better place to live.” Exactly who at the IRS made the decisions to start applying extra scrutiny was not clear from the findings, which were contained in portions of an investigative report from the Treasury Inspector General for Tax Administration (TIGTA).

National: Census’ claim that black turnout surpassed white in 2012 may be flimsy | Yahoo! News

On Wednesday, the Census Bureau released its biannual study of voting patterns in federal elections, which included a remarkable finding: African-American voter turnout surpassed that of white, non-Hispanic voters in 2012 for the first time in recent memory, perhaps ever. USA Today ran this news on the front page, and the report received write-ups in every other major national newspaper. There’s only one problem: That landmark may have been passed four years ago. Or maybe not at all. The uncertainty stems from the fact that the data the census used to create this report has what several experts consider a major hole in it: Data on whether people voted is collected every other November in a supplement to the Current Population Survey, a regular government survey of about 60,000 households. If respondents decline to say whether or not they voted, or if the interviewer does not ask, it is assumed that they did not vote.

National: How We Register | National Journal

If you’re between the ages of 18 and 24, chances are you registered to vote when you visited the Department of Motor Vehicles. If you’re over the age of 65, you probably registered to vote at some other government office. Those are the findings of a new Census Bureau survey that asked Americans how they registered to vote. As it turns out, younger voters are much more likely to register when they get a driver’s license, at their school or university campus, or online.

National: After Wins for Voter ID and Other Restrictive Measures, Democrats Fight Back on Elections | Stateline

Republicans several years ago seized the upper hand in the so-called “voting wars” by pushing voter ID and other measures that created new voting restrictions. But now Democrats across the country are fighting back. This week, Colorado lawmakers sent Gov. John Hickenlooper, a Democrat, a bill that allows voters in that state to register at the polls on Election Day; creates an all-mail ballot system; and ensures that voters who move within Colorado don’t have to re-register at their new address. The Colorado law is especially broad, but it is only the latest in a series of victories for those who want to streamline registration and reduce long lines at the polls. The governor is expected to sign the measure, which has overwhelming support among Democrats. During the last legislative session, Maryland expanded early voting, eased absentee voting and approved same-day registration during early voting periods. West Virginia implemented a new system to register residents using state records already on file. Delaware removed the waiting period for nonviolent felons to regain their voting rights, and made re-establishing them automatic. And this week, the Minnesota House approved a measure making absentee balloting easier.

National: 2012 Election: A Failure to Mobilize the Youth Vote | Michael P. McDonald/Huffington Post

Among the most dramatic findings reported in the Census Bureau’s Current Population Survey (CPS) is a large decline in turnout rates among young people, particularly those who were first eligible to vote in the 2012 election. In contrast, older persons’ turnout rates remained steady, or even increased. Given the large disparities in support for Obama among younger and older voters, Obama’s smaller margin of victory in 2012 was thus partially a turnout story, as the electorate’s composition was older, and more favorable to Republicans in 2012 compared to 2008.

National: 2012 Turnout: Race, Ethnicity and the Youth Vote | Michael P. McDonald/Huffington Post

An important election survey that reveals patterns in voting and registration is the Census Bureau’s Current Population Survey November Voting and Registration Supplement, or CPS for short. The 2012 CPS reveals insights to major stories about the election divined from the exit polls: the changing face of the electorate and the role of young people in determining the outcome of the presidential election. As I suggested previously, the increasing diversity of the 2012 electorate was a partially a turnout story, with non-Hispanic Whites modestly withdrawing from the electorate. The CPS further documents how it is also a story of the inevitable trend of increasing diversity of the country. Perhaps the most revealing new finding is a dramatic decrease in the youth vote, which has important ramifications for future elections.

National: Joe Biden: ‘Immoral’ to restrict voting | Politico

Vice President Joe Biden on Tuesday bashed voting rights requirements – calling them “immoral, callous” – and warned of political consequences for those who try to impose barriers to casting a ballot. “To me it is the most immoral, callous thing that can be done, the idea of making it more difficult to vote,” Biden said at the annual gala dinner of the Joint Center for Political and Economic Studies, a minority-focused public policy organization. The vice president pointed to data indicating that in 2011 and 2012 at least 180 bills in 41 states were introduced that aimed to stiffen requirements for voting — voter identification measures, for example.

National: Rep. Jim Cooper’s ’28th Amendment’ speech | The Tennessean

After he delivered his memorable speech last week on racism, discrimination and voting rights – which culminated with a call for a “right to vote” amendment to the U.S. Constitution – I asked Rep. Jim Cooper what had gotten into him. After all, Cooper is known foremost as the Blue Dog budget hawk, and his public speeches typically follow that cue. But at the Nashville Bar Association’s “Law Day” luncheon, he showed a new passion. “They asked for a real speech,” Cooper told reporters. “It takes time to do this. Even this slimmed down version has 46 footnotes.” Thanks to his congressional staff, I recently obtained a full transcript of the speech,  which he called “The 28th Amendment.” It is worth a read. You can find it here.

National: Campaign Contribution Limits Broken Repeatedly In 2012 Election With No FEC Oversight | Huffington Post

In October 2011, John Canning, chairman of the Chicago-based hedge fund Madison Dearborn Partners, expressed his displeasure with President Barack Obama to the Chicago Tribune. “It’s the populist economic policies of wealth redistribution and government control of all aspects of everyday life that I object to,” he said. Canning put his money where his mouth was, hosting a fundraiser for Republican presidential candidate Mitt Romney that fall. And Romney wasn’t the only benefactor of his largess. Over the course of the 2012 election cycle, Canning gave to as many federal candidates, political action committees (PACs) and party committees as he seemingly could find — some 38 individuals and groups, all but two of them Republican — ultimately distributing $276,000 in contributions.

National: Will the Federal Election Commission Ever Work Again? | Businessweek

Federal Election Commissioner Caroline Hunter’s term expired on April 30. This wouldn’t be newsworthy except for one thing: It means that as of now, all the members of the agency that enforces the nation’s campaign laws—and is supposed to oversee the flood of money candidates and their allies spend—are working on borrowed time. President Obama hasn’t nominated anyone to succeed them. So the current commissioners are simply lingering in their expired seats. To say the FEC is broken is a parody of understatement. The agency’s structure—three Democratic commissioners and three Republicans, serving single six-year terms—means it often deadlocks along party lines. That’s what happened when it tried to update its own regulations in the aftermath of the 2010 Supreme Court decision in Citizens United, the case that helped open the door to unlimited political spending. The commission’s three Democrats wanted to consider tightening disclosure requirements; the Republicans insisted on reviewing only those rules that conflicted with the court’s ruling. That put the commissioners on the sidelines when spending by independent groups tripled to $1 billion in 2012, up from $300 million in 2008, according to the Center for Responsive Politics, a research group that tracks campaign spending.

National: Who Registers to Vote Online? | Huffington Post

A sensible, election administration reform is quietly sweeping the nation. According to the National Conference of State Legislatures, 18 states have implemented or recently adopted online voter registration, either initiating a new registration or updating an old one. Twelve other states have legislation winding its way through the legislative process. The reform is bipartisan in that both Democratic- and Republican-controlled state governments have adopted it, from Arizona to Maryland. Legislators are attracted to online voter registration because it offers substantial election administration savings. Arizona, the first state to adopt online voter registration in 2002, reports that over 70 percent of registrations are now conducted online. The old paper system cost 83 cents to process each registration form, compared to 3 cents for the online system.

National: States try to tackle ‘secret money’ in politics | Los Angeles Times

Early last month, state lawyers and election officials around the country dialed into a conference call to talk about how to deal with the flood of secret money that played an unprecedented role in the 2012 election. The discussion, which included officials from California, New York, Alaska and Maine, was a first step toward a collaborative effort to force tax-exempt advocacy organizations and trade associations out of the shadows. The unusual initiative was driven by the lack of progress at the federal level in pushing those groups to disclose their contributors if they engage in campaigns, as candidates and political action committees are required to do.

National: Rep. Jim Cooper to propose ‘right to vote’ amendment to U.S. Constitution | The Tennessean

Convinced that the right to vote for all citizens isn’t fully protected under law, U.S. Rep. Jim Cooper, D-Nashville, is planning a long-shot proposal to add a 28th Amendment to the United States Constitution. “What it would do is grant for the first time in American history a constitutional right to vote,” Cooper said Wednesday after announcing the proposal at a Nashville Bar Association luncheon during a strikingly personal speech that evoked race, discrimination and equality. “Many people think we have this already,” he said. “We do not. Some states have a right to vote. But we do not have it nationwide.”