National: Lawmaker criticizes Obamacare questions on voter registration | Washington Times

A House Republican leader wants the Obama administration to explain why an application to use insurance marketplaces under the health-care law asks people if they would like to register to vote. “While the healthcare portions are lengthy and complex on their own, the draft documents wander into areas outside the Department’s purview and links applications for health insurance subsidies to voter registration,” Rep. Charles W. Boustany Jr., Louisiana Republican, said Monday in a letter to Health and Human Services Secretary Kathleen Sebelius.

National: Voter ID – fraud prevention or minority voter suppression? | UPI.com

The U.S. Supreme Court may be holding the political future of the United States in its hand as it tries to decide how far the states may go in requiring identification from those who attempt to vote. Last week, the justices heard argument on whether Arizona or any state may require proof of citizenship for voter registration. An eventual decision in the case could shape the national political landscape for some time. Seventeen states have enacted laws requiring the presentation of some type of government-issued photo identification, such as a driver’s license, before voting. The Brennan Center for Justice said those 17 states account for 218 of the 270 electoral votes needed to win the presidency. The Arizona case pits the state requirement for proof of U.S. citizenship against the federal “Motor Voter” law that requires only filling out a form to register for federal elections.

National: Congress votes to force USPS to keep Saturday delivery | Chicago Tribune

Congress foiled the financially beleaguered U.S. Postal Service’s plan to end Saturday delivery of first-class mail when it passed legislation on Thursday requiring six-day delivery. The Postal Service, which lost $16 billion last year, said last month it wanted to switch to five-day mail service to save $2 billion annually. Congress traditionally has included a provision in legislation to fund the federal government each year that has prevented the Postal Service from reducing delivery service. The Postal Service had asked Congress not to include the provision this time around.

National: First Known Election Fraud Hack Attempted in 2012 Florida Primary | E-Week

In the first known example of an attempt to hack a U.S. election, an online attacker took advantage of the lax security surrounding the online process of requesting absentee ballots in the 2012 primary in Miami-Dade County, Florida, to order more than 2,500 ballots. The scheme could have actually worked if it was done with more skill, stated a grand jury report released in December, but whose findings only recently came to light. The attack failed to affect the outcome of the election, but succeeded in verifying the dangers of election processes that allow voters to cast their ballots via email over the Internet. While voting irregularities have cropped up in numerous U.S. elections, no known hack of a live election has been attempted, said David Jefferson, computer scientist at Lawrence Livermore National Laboratory and a member of the board of directors of Verified Voting and the California Voter Foundation.

National: Justices wrestle with Arizona voter registration law | POLITICO.com

The Supreme Court took up its second voting rights case in less than a month on Monday, with the justices appearing narrowly divided on whether the National Voter Registration Act, or “Motor Voter” bill, trumps state registration requirements. At issue in the case is Arizona’s Proposition 200, which requires proof of citizenship, and whether or not the federal registration form under the NVRA preempts Arizona’s more stringent requirements. The liberal justices criticized Arizona’s eligibility requirements as overly restrictive and in direct conflict with the federal voter registration form, which requires people to attest to their citizenship via signature but does not require documentation of citizenship. Some of the Court’s conservative judges, however, parsed the wording of the NVRA and suggested the states do, in fact, have the ability to add requirements such as proof of citizenship.

National: Republicans Win Congress as Democrats Get Most Votes | Bloomberg

In the 1780s, Patrick Henry tried to shape Virginia’s House district lines to block James Madison from serving in the first U.S. Congress. The grudge between the two men: Henry opposed the U.S. Constitution freshly written primarily by Madison. The gambit failed and Madison won his seat.  More than two centuries later, the politics of redistricting still are shaping Congress. A majority of Americans disapprove of the Republicans in Congress, yet the odds remain in the party’s favor that it will retain control of the House. One big reason the Republicans have this edge: their district boundaries are drawn so carefully that the only votes that often matter come from fellow Republicans. The 2010 elections, in which Republicans won the House majority and gained more than 700 state legislative seatsacross the nation, gave the party the upper-hand in the process of redistricting, the once-a-decade redrawing of congressional seats. The advantage helped them design safer partisan districts and maintain their House majority in 2012 — even as they lost the presidential race by about 5 million votes. Also nationwide, Democratic House candidates combined to win about 1.4 million more votes than Republicans, according to data compiled by Bloomberg News.

National: First-ever cyberattack on US election points to broad vulnerabilities | CSMonitor.com

Over a 2-1/2 week period last July, more than 2,500 online “phantom requests” for absentee ballots were made to Miami-Dade County election headquarters, marking the first known cyberattack on a US election. The fake requests for ballots targeted the Aug. 14 statewide primary and included requests for Democratic ballots in one congressional district and Republican ballots in two state House districts, according to a recent Miami Herald report. The fake requests were done so clumsily that they were red-flagged and did not foul up the election. In any case, they would not have been enough to change the outcome. But now confirmed as the first cyberattack aimed at election fraud, the incident is further evidence that the vote-counting process is vulnerable, particularly as elections become more reliant on the Internet. “This is significant because it’s the first time we’ve seen a very well documented case of attempted computer election fraud in the US,” says J. Alex Halderman, a cybersecurity researcher at the University of Michigan who focuses on election-system vulnerabilities. “This should be a real wakeup call because it illustrates the sort of computer voting attacks that many scientists have been warning were possible for years.”

National: Cyberattack on Florida election is first known case in US, experts say | NBC

An attempt to illegally obtain absentee ballots in Florida last year is the first known case in the U.S. of a cyberattack against an online election system, according to computer scientists and lawyers working to safeguard voting security. The case involved more than 2,500 “phantom requests” for absentee ballots, apparently sent to the Miami-Dade County elections website using a computer program, according to a grand jury report on problems in the Aug. 14 primary election. It is not clear whether the bogus requests were an attempt to influence a specific race, test the system or simply interfere with the voting. Because of the enormous number of requests – and the fact that most were sent from a small number of computer IP addresses in Ireland, England, India and other overseas locations – software used by the county flagged them and elections workers rejected them. Computer experts say the case exposes the danger of putting states’ voting systems online – whether that’s allowing voters to register or actually vote. “It’s the first documented attack I know of on an online U.S. election-related system that’s not (involving) a mock election,” said David Jefferson, a computer scientist at Lawrence Livermore National Laboratory who is on the board of directors of the Verified Voting Foundation and the California Voter Foundation.

National: U.S. Supreme Court justices ask tough questions on voter registration law | Arizona Republic

The U.S. Supreme Court’s nine justices lobbed a volley of tough questions at Arizona Attorney General Tom Horne on Monday as he argued for the state’s voter-registration law aimed at keeping illegal immigrants off the voter rolls. At stake is Proposition 200, a law passed overwhelmingly by voters in 2004, that asks Arizonans who want to vote to provide documentary proof of citizenship, such as a copy of a driver’s license, birth certificate, passport, tribal identification card or naturalization number. The law goes beyond what federal voter-registration rules require for proof. The law inflamed the immigration debate when it was passed and was almost immediately challenged by voting-rights advocates as burdensome to the young, elderly, minorities or naturalized citizens and to voter-registration organizations. Supporters touted the law as a check against voter fraud.

National: States may follow AZ’s lead requiring citizenship proof to register to vote | NBC

Arizona is once again serving as a national flash point in a Supreme Court case to decide the legality of its law requiring proof of citizenship to register to vote. Oral arguments began on Monday with Sonia Sotomayor and Antonin Scalia squaring off, but experts say the law may lead to a trend of similar state laws if it is allowed to stand. At issue is the 1993 National Voter Registration Act, which was created to make it easier to register to vote and for an individual to maintain their registration. The “Motor Voter” section of the law allows people to register to vote by mailing in a form where they are asked if they are citizens. Prospective voters must check yes or no and sign the form under penalty of perjury. Arizona’s 2004 law requires documentation of citizenship to use the form. “I’m afraid we’re moving away from the Motor Voter trend,” says Thomas Saenz, the president and general counsel of the Mexican American Legal Defense and Educational Fund (MALDEF). “Arizona seems to be the initiator of these restrictive laws. It’s an act to deter those who are eligible to vote when there is no evidence of any fraudulent voting.”

National: Argument recap: Does “may only” mean “shall only”? | SCOTUSblog

Anyone entering the Supreme Court’s chamber Monday morning expecting constitutional drama over the right to vote had to come away quite disappointed.  It took all of fifty minutes of a one-hour argument to get to any constitutional issue, most of the Justices wanted to focus on what “may only” means in a federal law, and one Justice pronounced the current federal-state voter registration regime “a crazy system.”  In an era when very heated debates over curbing voters’ rights regularly occur in political circles, there was none of that as the Court heard Arizona v. The Inter Tribal Council of Arizona (12-71). At the center of the case is an Arizona law, approved by the state’s voters nine years ago, that requires a would-be voter seeking to register to show proof of U.S. citizenship as an additional requirement besides submitting a federal form which includes a question — enforced by possible perjury prosecution — asking whether or not one is a citizen.

National: Voting Rights Advocates Sound Alarm As Supreme Court Hears Proof-Of-Citizenship Case | TPM

Voting rights advocates are sounding the warning sirens as the Supreme Court hears oral arguments Monday on a low-profile but important case on whether states may require people to submit proof of citizenship when registering to vote. At issue is whether the Arizona law, known as Proposition 200, violates a federal law that requires states to let people register to vote while renewing drivers licenses or applying for social services. The form provided by the National Voter Registration Act requires people to attest that they are U.S. citizens, but not to provide documented proof, like the Arizona law does. “If Arizona’s brazen attempt to evade the mandates of the NVRA is upheld, it will make it tougher for voters in Arizona to register, and other states with legislatures that are looking to suppress the vote will surely try to pass copycat legislation,” said Doug Kendall, president of the liberal-leaning Constitutional Accountability Center. “If the Court accepts Arizona’s most sweeping arguments against the NVRA, its ruling could severely limit Congress’ power to protect the right of Americans to register to vote.”

National: Can States Go Beyond Federal Law On Voter Registration? | NPR

The U.S. Supreme Court hears arguments Monday in a case that could upend the federal effort to spur and streamline voter registration. At issue is an Arizona law that requires prospective voters to provide proof of citizenship when they register to vote. A federal appeals court ruled last year that the state law must fall because it conflicts with federal law. The 1993 National Voter Registration Act, known as the NVRA, allows voters to register by mail using a federal form on a postcard. The form asks, among other things: Are you a citizen of the United States? Prospective voters must check yes or no and sign the form under penalty of perjury. The federal law also requires state officials to “accept and use” the federal registration form for federal elections. The question in this case is whether the state of Arizona may place further conditions on registration, beyond what is required by federal law.

National: Must Voters Have To Prove Citizenship To Register? | NPR

The Supreme Court will struggle this week with the validity of an Arizona law that tries to keep illegal immigrants from voting by demanding all state residents show documents proving their U.S. citizenship before registering to vote in national elections. The high court will hear arguments Monday over the legality of Arizona’s voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal “Motor Voter” voter registration law that doesn’t require such documentation. This case focuses on voter registration in Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating similar legislation, officials say. The Obama administration is supporting challengers to the law.

National: Justice Department’s inspector general report: Is the Voting Rights section too politically biased and polarized to enforce the Voting Rights Act? | Slate Magazine

A long-awaited report from the Department of Justice’s Office of the Inspector General issued last week sheds considerable light on the battles within the department’s voting section during the Bush and Obama administrations. The picture is not pretty. It is a tale of dysfunction and party polarization that could unfairly derail the nomination of the next secretary of labor and could even provide ammunition to Justice Antonin Scalia’s incendiary charge, made during the Supreme Court’s hearing on the constitutionality of the Voting Rights Act last month, that the civil rights law is a kind of “racial entitlement.” The sordid business raises serious questions about whether the whole model for the federal enforcement of voting rights should be reworked. The record of political bias in the Justice Department’s voting section during President George W. Bush’s administration is well-known. (The department’s voting section is charged with enforcing the Voting Rights Act and other federal voting laws.) We know from earlier reports that election officials, including Monica Goodling, went on a hiring binge to hire conservative attorneys to work in the section and, in the words of Bush appointee Bradley Schlozman, to “gerrymander all those crazy libs right out of the section.”

National: Supreme Court hears Arizona’s voter proof-of-citizenship case | McClatchy

An Arizona law requiring would-be voters to show proof of U.S. citizenship seemed to divide Supreme Court justices Monday in a case important to many states that want to stiffen their own voting standards. Conservative justices sounded sympathetic to Arizona’s proof-of-citizenship requirement, while more liberal justices suggested the measure might conflict with a 1993 law passed by Congress called the National Voter Registration Act. The eventual ruling will define when federal law pre-empts state efforts, a legal determination that accompanies political controversies ranging from illegal immigration to allegations of voter suppression. “Many people don’t have the documents that Arizona requires,” Justice Sonia Sotomayor noted pointedly at the start of the hour-long oral argument Monday. Sotomayor and Justice Elena Kagan, a fellow Obama administration appointee, pushed back most vigorously against the Arizona law. From the other side, though, Republican appointees, including Chief Justice John Roberts Jr. and Justice Samuel Alito, pressed questions seemingly supportive of Arizona’s actions.

National: Arizona Voter ID Law to be Heard This Week by Supreme Court | Fox News

The Supreme Court will struggle this week with the validity of an Arizona law that tries to keep illegal immigrants from voting by demanding all state residents show documents proving their U.S. citizenship before registering to vote in national elections. The high court will hear arguments Monday over the legality of Arizona’s voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal “Motor Voter” voter registration law that doesn’t require such documentation. This case focuses on voter registration in Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating similar legislation, officials say. The Obama administration is supporting challengers to the law.

National: Young Hispanics Stymied at Ballot Box | HispanicBusiness.com

Hispanics and African-Americans under age 30 were disproportionately hampered in their efforts to vote in the November election even in states without voter ID laws, a new study indicates. The study, “Black and Latino Youth Disproportionately Affected by Voter Identification Laws in the 2012 Election,” shows that voter ID laws are applied differently across racial and ethnic groups, said professor Cathy Cohen of the University of Chicago and assistant professor Jon C. Rogowski at Washington University. Among Hispanic youths, 8.1 percent couldn’t vote because they didn’t have the necessary identification. The numbers for blacks were even higher at 17.3 percent, but just 4.7 percent for whites. “Our study shows that without a doubt youth of color are discriminated against at the voting booth,” Rogowski said in a statement. “It doesn’t matter whether it results from conscious or unconscious bias, the result is that people of color are being disenfranchised and our nation has an obligation to put an end to it.”

National: Study finds voter ID laws hurt young, minorities | Politico.com

As a handful of state legislatures around the country consider enacting stricter voter ID laws, a new study finds that young people – and especially young minorities – are disproportionately affected by those laws when they go into effect. According to the study, previewed before its release to POLITICO, significantly more minority youths age 18-29 were asked to show identification than white youth: 72.9 percent of black youth were asked for ID, compared with 60.8 percent of Latino youth and 50.8 percent of white youth. Even in states where there are no voter ID laws on the books, 65.5 percent of black youth were asked to show ID at the polls, compared with 55.3 percent of Latino youth and 42.8 percent of white youth. And for many young minority youths, even the concept of a required ID was a primary reason they didn’t go to the polls last year: 17.3 percent of black youth and 8.1 percent of Latino youth said their lack of adequate ID kept them from voting, compared with just 4.7 percent of white youth.

National: Shelby County and Congressional Power: What Does the Supreme Court Review? | CLC Blog

After the recent Supreme Court argument in the Voting Rights Act case (Shelby County v. Holder), it appears the decision may well turn on the legal standards to be applied in deciding whether Section 5 of the Act, the preclearance section, has become unconstitutional with the passage of time. The constitutional questions in the case are fundamental:  how much authority does Congress possess to choose the legislative means to combat a national evil (in this case, racial discrimination in voting), and how much authority does the Supreme Court have to overrule Congress’ choice?  The answers to those questions involve interpretation of the words “necessary and proper” and “appropriate legislation,” which are in the Constitution, and “congruent and proportional,” which are not in the Constitution but which the Supreme Court has adopted in recent years as aids in interpreting the first group of words.

National: Voter ID case heads to Supreme Court | Washington Times

An Arizona law designed to stop illegal immigrants from voting hangs in the balance, as the Supreme Court will take up a landmark case this month on whether the state can demand would-be voters to prove they are citizens before casting ballots in federal elections. The dispute centers on its Proposition 200 referendum passed by voters in 2004 that requires residents to show “satisfactory evidence” of citizenship — such as naturalization papers, a birth certificate, passport or Indian tribal identification — before registering to vote. A standard Arizona driver’s license also is accepted because the state requires proof of citizenship to obtain one. The 9th U.S. Circuit Court of Appeals — responding to a legal challenge by a group of Arizona residents, Indian tribes and civil-rights groups — ruled the citizenship requirement conflicted with the 1993 federal lawknown as the “Motor Voter Law,” drafted in part to make it easier for people to register to vote, including requiring states to offer registration at driver’s license offices. Arizona appealed and the Supreme Court agreed to take the case, with oral arguments set for Monday.

National: Justice Department’s voting rights section hurt by unprofessional behavior, report says | The Washington Post

A report released Tuesday by the Justice Department’s inspector general found the department’s voting rights section mired in deep ideological polarization and distrust, in some cases harming its ability to function over the past two administrations. The 258-page review by Inspector General Michael E. Horowitz found “numerous and troubling examples of harassment and marginalization of employees and managers.” The unprofessional behavior included racist and other inappropriate e-mails, Internet postings, blogs, and personal attacks by voting rights lawyers and staffers. The report found no evidence that enforcement decisions were made in the George W. Bush administration or the Obama administration based on race or partisan considerations. Among its responsibilities, the voting section reviews redistricting cases that can change the composition of congressional districts and voter ID laws that affect who is eligible to cast a ballot.

National: How voter ID kept minority youths from the polls in 2012 | MSNBC

Voter ID laws had a disproportionate impact on minority youth voters last November, even in states without the restrictive laws.
“The very existence of identification laws makes young people of color more likely than white youth to be asked to prove their identity,” said Dr. Cathy Cohen, a researcher at the University of Chicago. Her findings showed that young minority voters (under 30-years-old) were more likely to be asked for identification, even in states without ID requirements. Nearly two-thirds of black youth report they were asked for ID in states without voter ID laws, and a little more than half of young Latino voters reported being asked. Meanwhile only 42.8% of white youth said that they were asked for ID. In voter ID states, the application of the law was more even, but white youth voters were asked for identification less often than African American youths (84.3% of the time for whites compared to 94.3% for African- Americans).

National: Bill would require states to allow people to register to vote on the same day as the election | Hometown Source

U.S. Senators Amy Klobuchar (D-MN) and Jon Tester (D-MT) today introduced legislation to help make voting easier for all Americans. The Same Day Registration Act would require states to allow people to register to vote for a federal election on the same day as the election. … Klobuchar recently traveled to Alabama with Congressman John Lewis and visited several key sites of the civil rights movement including the Edmund Pettus Bridge in Selma. Klobuchar also spoke to Attorney General Eric Holder at a Senate Judiciary hearing last week about protecting the right to vote and encouraging voter participation.

National: Partisan ‘mistrust’ fueled voting rights fights at Justice Department | The Hill

The Justice Department’s inspector general found numerous examples of harassment in the department’s voting rights division, but determined it did not prioritize cases in a partisan manner under either Presidents Obama or George W. Bush. The lengthy inspector general report released Tuesday found that the often ideologically divisive nature of the voting rights section’s work — including reviews of redistricting cases, voter ID laws and voter registration issues — resulted in instances of harassment within the DOJ. “Our investigation revealed several incidents in which deep ideological polarization fueled disputes and mistrust that harmed the functioning of the voting section,” states the IG report. “We found that people on different sides of internal disputes about particular cases in the voting section have been quick to suspect those on the other side of partisan motivations, heightening the sense of polarization in the section.” Inspector General Michael Horowitz initiated the investigation at lawmakers’ request, and out of a concern for political favoritism within the department. Investigators interviewed more than 80 people and reviewed more than 100,000 pages of DOJ documents.

National: Schools close doors to voters for safety | USAToday

Local election officials are moving polling places out of schools as the shootings in Newtown, Conn., have intensified concern about opening school doors on Election Day. In New York, Rockland County officials will relocate polls this year away from 10 schools at the request of the local school district in Clarkstown and Nyack. “In the wake of what happened in Connecticut, it’s definitely taken on more urgency,” says Kristen Stavisky, a county election commissioner. “Voters in these schools will have to move. They won’t be going to the polling sites that they’ve been going to — for some of them, since they were eligible and registered to vote.” In Baraboo, Wis., three polling sites will be located in the town civic center to avoid using schools, due to security concerns, says Cheryl Giese, Baraboo’s city clerk and finance director. At Newtown’s Sandy Hook Elementary School, 26 students and staff were killed by a gunman on Dec. 14.

National: U.S. Election Assistance Commission and NIST trumpet innovation in voting technology | California Forward

Last week, the National Institute of Standards and Technology (NIST) and the U.S. Election Assistance Commission hosted a Future of Voting Systems Symposium. The three-day meeting outside of Washington, DC was designed to look at the latest developments in the field of voting technology and assess how such developments mesh with the current federal structure for testing and certification. The takeaway from the meeting was sobering and exciting; while it is increasingly clear that existing testing and certification requirements aren’t working, there is a burst of creativity underway by election officials, technologists and other stakeholders in the effort to design a different and better approach.

National: New battle over voter ID in the South | Facing South

It’s like 2011 all over again. It was two years ago that, after Republicans claimed big gains in state legislatures across the South and country in the 2010 mid-terms, lawmakers made a national push for changes to voting laws, with one of the most controversial being restrictive bills requiring voters to show photo ID at the polls. Now, with the 2012 elections behind them, state GOP leaders have again pledged to make voter photo ID a priority this year. But has the debate — and public sentiment about voter restrictions — changed this time? States leading the push in 2013 include Arkansas, where Republicans won over the state legislature in 2012 and a House panel advanced a voter ID bill this week, and North Carolina, where a Democratic governor’s veto staved off an ID bill in 2012, but newly elected GOP Gov. Pat McCrory has signaled he’ll support a looming measure.

National: In Supreme Court Debate on Voting Rights Act, a Dubious Use of Statistics | Nate Silver/NYTimes.com

In oral arguments before the Supreme Court last week, Chief Justice John G. Roberts Jr. introduced a statistical claim that he took to imply that an important provision of the Voting Rights Act has become outmoded. Section 5 of the Voting Rights Act, which is being challenged by Shelby County, Ala., in the case before the court, requires that certain states, counties and townships with a history of racial discrimination get approval (or “pre-clearance”) from the Department of Justice before making changes to their voting laws. But Chief Justice Roberts said that Mississippi, which is covered by Section 5, has the best ratio of African-American to white turnout, while Massachusetts, which is not covered, has the worst, he said. Chief Justice Roberts’s statistics appear to come from data compiled in 2004 by the Census Bureau, which polls Americans about their voting behavior as part of its Current Population Survey. In 2004, according to the Census Bureau’s survey, the turnout rate among white voting-aged citizens was 60.2 percent in Mississippi, while the turnout rate among African-Americans was higher, 66.8 percent. In Massachusetts, conversely, the Census Bureau reported the white turnout rate at 72.0 percent but the black turnout rate at just 46.5 percent.

National: Chris Coons Plotting Legislative Response If Voting Rights Act Is Gutted | Huffington Post

Sen. Chris Coons (D-Del.) is hoping the Supreme Court doesn’t strike down a key provision of the Voting Rights Act, but he’ll be prepared if they do. Coons told Attorney General Eric Holder during a Senate Judiciary Committee oversight hearing on Wednesday that he’d like to work with the Justice Department “should there be a change in the status of the Voting Rights Act.” The Supreme Court heard oral arguments last week on whether to strike down Section 5 of the 1965 law, which forces certain jurisdictions with a history of racial discrimination to get the federal government’s permission to make changes to their voting laws and procedures.