National

At the top of the steps of Alabama’s elegant old Capitol, there’s a six-pointed bronze star marking the spot where Jefferson Davis was sworn in as president of the Confederacy. At the foot of the steps is a historical marker dedicated to black citizens who in the 1960s dared to register to vote — “a constitutional right impeded by Gov. George Wallace” — and who were met “with state-sponsored terrorism.” And somewhere beyond those two frank reminders of the past is modern-day Alabama, which may or may not be just like the rest of America. That is a question the Supreme Court will consider Wednesday. At issue is whether the guarantee of equality in Alabama, and elsewhere in the South, is the same as in the rest of the nation. The court will review — for the sixth time since passage in 1965 — Section 5 of the Voting Rights Act, which mandates that federal authorities pre-approve any changes in voting laws here and in eight other states and numerous jurisdictions with a history of discrimination. It has survived each previous time.

National: High court to hear plea to gut Voting Rights Act | The Leaf Chronicle

Iron-fisted enforcement of the 1965 Voting Rights Act transformed American politics, especially in the South, by making sure minorities had a clear path to the ballot box and an equal shot at public service. Forty-eight years later, after the re-election of an African-American president, the heart of that law is on trial. The Supreme Court will hear oral arguments Wednesday in a case that is sure to ignite a debate over how far the country has progressed on racial issues and whether minority voters still need extra protection. Shelby County, Ala., opposed by the Justice Department and civil rights groups, wants two key sections of the Voting Rights Act declared unconstitutional. Section 5 bars election officials in jurisdictions with a history of discrimination from changing their voting procedures unless they first prove the changes won’t hurt minorities. Section 4b uses a formula to determine which states, counties and municipalities are subject to Section 5. Shelby County says the provisions are outmoded and unfair to parts of the country that have transcended their discriminatory pasts.

National: Supreme Court to weigh divisive voting rights case | CNN.com

Shelby County is booming. The Birmingham suburb is lined with strip malls, subdivisions, and small factories, in what was once sleepy farmland. The population has grown fivefold since 1970 to about 200,000. Change in this bedroom community is afoot, at least on the surface. But the federal government thinks an underlying threat of discrimination remains throughout Alabama and other parts of the country in perhaps the most hard-fought franchise in the Constitution: The right to vote. Competing voices in this county, echoes of decades-long debates over equal access to the polls, now spill out in a 21st century fight, one that has reached the U.S. Supreme Court.

National: Voting Rights Act faces Supreme Court challenge | CBS News

When he signed the federal Voting Rights Act on August 6, 1965, President Lyndon Johnson did not rely on understatement to express the significance of the legislation. “Today is a triumph for freedom as huge as any victory that ever been won a on any battlefield,” Johnson told members of Congress and dignitaries assembled in the Capitol’s rotunda. Standing beneath a large painting of the British surrender to George Washington at the Revolutionary War battle of Yorktown, and flanked by a statue of Abraham Lincoln, Johnson harkened back 350 years to the arrival of the first African-Americans at colonial Jamestown, Virginia, “in darkness and chains” as slaves. “Today, we strike away the last major shackle of those fierce and ancient bonds,” Johnson said. “Millions of Americans are denied the right to vote because of their color. This law will ensure them the right to vote.”

National: States Take Sides As Court Revisits Voting Rights Act | NPR

The U.S. Supreme Court hears arguments next week in a case that tests the constitutionality of the 1965 Voting Rights Act, the law considered the most effective civil rights statute in American history. At issue is whether a key provision of the statute has outlived its usefulness. A staggering 49 friend of the court briefs have been filed, among them briefs from 11 states urging the court to either strike down or uphold the law. What is intriguing is that some of the states now arguing against the law were not troubled by its provisions just four years ago, the last time it was before the court. In 2009, a small Texas utility district challenged the so-called preclearance section of the law, which requires nine states, most of them in the South, and parts of other states like California and New York, to get advance approval from the Justice Department or a federal court in Washington before changing any voting laws or regulations. When the case got to the U.S. Supreme Court, only one state — Georgia — came out clearly against the law, claiming that the provision was unconstitutional. Alabama filed a brief echoing part but not all of Georgia’s arguments. Both emphasized that their respective states have changed dramatically since 1965, and asked the court to seriously consider the legality of the preclearance section, given its burden on covered states.

National: Voting Rights Act: A political twist for the South | USAToday

The Voting Rights Act that goes on trial at the Supreme Court on Wednesday has helped boost African Americans’ presence in Southern legislatures. But in a twist of irony, it also has contributed to their loss of political clout. Since its passage in 1965, the law’s Section 5 has forced states with a history of racial discrimination to clear changes in voting procedures with the federal government. The Justice Department, in turn, has insisted that drawing district lines is one of those procedures – one that should give blacks and other minorities ample opportunity to elect their preferred candidates. That has led to the creation of so-called majority-minority election districts dominated by blacks or Hispanics, nearly all of them Democrats. Achieving that goal, however, has required the simultaneous creation of more heavily white, Republican districts in surrounding areas.

National: Can escape clause save voting rights provision? | Washington Examiner

The Obama administration and civil rights groups are defending a key section of the landmark voting rights law at the Supreme Court by pointing reformed state, county and local governments to an escape hatch from the law’s strictest provision. The Voting Rights Act effectively attacked persistent discrimination at the polls by keeping close watch, when it comes to holding elections, on those places with a history of preventing minorities from voting. Any changes, from moving a polling place to redrawing electoral districts, can’t take effect without approval from the Justice Department or federal judges in Washington. But the Voting Rights Act allows governments that have changed their ways to get out from under this humbling need to get permission through a “bailout provision.” Nearly 250 counties and local jurisdictions have done so; thousands more could be eligible based on the absence of recent discriminatory efforts in voting. The viability of the bailout option could play an outsized role in the Supreme Court’s consideration of the voting rights law’s prior approval provision, although four years ago, conservative Justice Clarence Thomas said the prospect of bailing out had been “no more than a mirage.”

National: Could Online Oscar Voting Lead to Online Public Elections? | Government Technology

If online voting is good enough for the Oscars, why isn’t it good enough for public elections? A panel of experts assembled on Feb. 14 to consider whether the Academy of Motion Picture Arts and Sciences’ decision to capture votes online for this year’s Oscars means that technology has matured to the point where public elections can be held online. According to an article in The Hollywood Reporter, voting to determine who would receive a nomination for an Academy Award began Dec. 17 and ended Jan. 3. While a majority of Academy members registered to take advantage of the online voting option, the process was not without its snags. Many confessed to password trouble, while others worried about hackers jeopardizing voter intent. … David Jefferson, a computer scientist at Lawrence Livermore National Laboratory and chairman of the board for the nonprofit Verified Voting, outlined several major differences between private elections, like those conducted for the Academy Awards, and public elections. Public elections, Jefferson said, inherently have much higher standards for security, privacy and transparency. “Just because this works for private elections or is useful for private elections, we don’t want people thinking … it is appropriate for public elections.”

National: Voting Rights Act faces key test in Supreme Court | Los Angeles Times

The Supreme Court will take up a case from Alabama next week to decide whether to strike down a key part of the Voting Rights Act of 1965, a landmark measure that made voting a reality for blacks in the South and won extension by a near-unanimous vote from Congress in 2006. Critics on the right agree the law was a success, but they contend it is now outdated and unfair to the South. They also say it is used mostly as a way to force states to draw electoral districts that favor black or Latino candidates. But liberal legal scholars have urged the justices to step back and pay attention to the history of the Reconstruction era. They are pointedly addressing the conservatives, led by Justice Antonin Scalia, who say the court should follow the actual words and original understanding of the Constitution. The 15th Amendment, added in 1870, says the right to vote “shall not be abridged or denied … on account of race” and “Congress shall have the power to enforce this article by appropriate legislation.”

National: How The Voting Rights Act, Now In Danger, Came To Pass And Shaped History | TPM

On March 15, 1965, a week after Alabama state troopers brutally attacked civil rights protesters in Selma, President Lyndon Johnson delivered a stirring speech to a joint session of Congress introducing a bill to end voter discrimination against blacks. The law that it gave birth to, the Voting Rights Act, now hangs in the balance, with oral arguments next week before the Supreme Court. Five conservative justices are skeptical that a centerpiece of the nearly-half-century-old law is constitutional. “I speak tonight for the dignity of man and the destiny of democracy,” Johnson said that night, nearly half a century ago. “A century has passed, more than a hundred years, since equality was promised. And yet the Negro is not equal. A century has passed since the day of promise. And the promise is unkept. The time of justice has now come.” Days later, he submitted legislation to Congress aimed at taking stringent, unprecedented steps to end voter discrimination and disenfranchisement. As Congress took it up, opponents rebelled. “I said it was worse than the Thaddeus Stevens legislation during Reconstruction, sir, and it is,” said Leander Perez, a pro-segregation Louisianan, at a subsequent Senate hearing. “It is the most nefarious — it is inconceivable that Americans would do that to Americans.”

National: Obama: Voting Rights Act Provision Should Be Kept | Huffington Post

President Barack Obama argued Friday for keeping a key provision of federal voting rights law in place, saying it will become harder but not impossible to help people who believe their rights at the polls have been violated if the Supreme Court decides to strike down that part of the law. The court has scheduled oral arguments for Wednesday on a challenge from Shelby County, Ala., near Birmingham, to a section of the Voting Rights Act. The provision requires all or parts of 16 states with a history of racial discrimination, mostly in the South, to get approval from the Justice Department or federal court in Washington before making any changes in the way they hold elections, such as moving a polling place. The appeal argues that places covered by the law have made such progress that Washington oversight is unnecessary. Opponents of the provision also cite racial progress in the decades since the landmark law was enacted in 1965 that led to the election and recent re-election of Obama, the country’s first black president.

National: Obama calms fears over Supreme Court action on voting rights | The Hill

Speaking Thursday to “The Black Eagle” radio show on SiriusXM, Obama said listeners shouldn’t worry too much that discrimination against minority voters will increase. The Supreme Court is hearing oral arguments about Section 5 of the Voting Rights Act next week. “I know in the past some folks have worried that if the Supreme Court strikes down Section 5 of the Voting Rights Act, they’re going to lose their right to vote. That’s not the case,” Obama said on the radio show. “People will still have the same rights not to be discriminated against when it comes to voting, you just won’t have this mechanism, this tool, that allows you to kind of stay ahead of certain practices,” Obama said. Section 5 of the Voting Rights Act requires municipalities with a history of disenfranchisement efforts to pre-clear changes to voting practices with the Justice Department or a federal court. The provision was designed to prevent states from instituting poll taxes, literary tests, or other efforts to keep minority voters from the polls that might later be ruled unconstitutional from doing so before an election.

National: Are some civil rights era protections still relevant? Supreme Court will decide | McClatchy

The Justice Department stayed silent when Indiana and Washington state strengthened their voter identification rules. But when Georgia and Texas lawmakers wanted to do the same, they needed federal approval. Now, this different treatment for different states will face a make-or-break test at the Supreme Court. In a potentially landmark case, justices on Wednesday will consider whether it’s time to dismantle a key plank of the historic 1965 Voting Rights Act. “This case presents questions that cut to the very core of our democracy,” said Caroline Frederickson, president of the liberal-leaning American Constitution Society. Passed when state-sanctioned racism was at its most insidious, the Voting Rights Act contains multiple elements designed to root out discriminatory practices. The entire law, originally spanning 19 sections, is not at risk of repeal in the case being heard Wednesday. Instead, the case arising out of Shelby County, Ala., centers primarily on two muscular sections that happen to have the biggest reach, and that the county is challenging.

National: Internet Voting—Not Ready for Prime Time? | The Canvass

February 22, 2013

We transmit money, legal documents, medical reports and other sensitive information via the Internet. Shouldn’t we be able to vote over the Internet, too? “No,” say some observers. “Right now, there is no way to meaningfully secure an election by Internet voting, and we’d be inviting serious potential for fraud on a scale that’s never been experienced in election administration before,” says Doug Kelleher, co-chair of New York’s State Board of Elections. “Until methods can be designed to secure the election so that you know that every vote is being counted the way the voter cast it, I am opposed to Internet voting.” “Yes,” say others—including a group of seventeen computer scientists who signed on to a National Defense Committee statement in January, supporting more research on Internet voting specifically for military voters. “The only foreseeable option to allow military members to achieve first class voter status is through remote electronic voting that provides for electronic delivery of military members’ voted ballots,” says the statement. Still others might say “it depends on what you mean by ‘Internet voting.’” That term can be shorthand for at least three options, and we’ll look at each of them separately—and whether experts give them a green, yellow or red light (at least for now).

National: Advocates Warn Of Dire Consequences If Voting Rights Act Loses In Supreme Court | TPM

February 22, 2013

Supporters of the Voting Rights Act are painting a bleak picture of what it would mean for the rights of minority voters if the Supreme Court were to strike down the landmark 1965 law’s Section 5, which requires state and local governments with a history of disenfranchising minority voters (i.e. mostly in the south) to receive preclearance from the Justice Department or federal court before changing laws that affect voting. “Broadly speaking, if we didn’t have Section 5 we would find that minority voters are in many places around the covered jurisdictions will have their ability to equally participate in the political process severely compromised,” Julie Fernandes, a civil rights activist and former deputy assistant attorney general at the Justice Department’s Civil Rights Division, said this week. “We’ll see a lot more of the diluting tactics that we used to have.” The Supreme Court hears oral arguments Wednesday in Shelby County v. Holder, the most serious challenge to Section 5 of the Voting Right Acts in the nearly 50 years since its enactment. The liberal-leaning Center For America Progress held a briefing with reporters in advance of the Supreme Court hearing where experts, including Fernandes, made the case for the validity and necessity of Section 5. Nervous that their side will face five very skeptical justices at oral arguments, they described the part of the law as critical to protecting minority voters’ rights.

National: Voting Rights Act In The Supreme Court’s Crosshairs | TPM

February 21, 2013

When the Supreme Court hears oral arguments next week about the constitutionality of a key element of the Voting Rights Act, the Obama administration and other proponents of the law will be facing five very skeptical justices. Shelby County v. Holder is the latest in a string of landmark cases that will shape the legacy of the Roberts Court. Proponents of the law are extremely nervous, and privately acknowledge that they face a steep uphill climb in winning over a majority of the justices. At issue is the validity of Section 5 of the landmark 1965 law designed to quash voter disenfranchisement efforts such as poll taxes and literacy tests. Section 5 requires states and municipalities with a history of racial discrimination (read: mostly in the south) to seek preclearance from the Justice Department or a federal court before making changes to their voting laws. The law was upheld in 1966 by a Supreme Court that deemed it valid to correct the “insidious and pervasive evil” of racism. The law was most recently reauthorized in 2006 by a nearly unanimous Congress, with Section 5 intact.

National: Will Supreme Court End Federal Limits on Campaign Donations? | The Daily Beast

February 21, 2013

It’s said that villagers in remote parts of China take stones from dilapidated sections of the Great Wall to build their homes. From the villagers’ perspective, at least the stones are being put to good use, given that the wall long ago ceased being effective at keeping out invaders. Not much more useful, these days, is the edifice Congress built after the Watergate scandal to limit the influence of money in elections. Our current campaign finance regime, after years of Supreme Court decisions like Citizens United, which freed up corporations and unions to spend unlimited sums and gave rise to super PACs, is remarkable mainly for how little spending it stops. In January, the Federal Election Commission estimated that $7 billion was spent by candidates, parties, and outside groups in the 2012 elections. That’s an order of magnitude more than what was believed to be spent in the 1972 elections, which originally inspired Congress to enact systemic campaign finance laws. And on Tuesday, the Supreme Court agreed to hear a case that offers the justices another chance to haul off with a few more stones. The case has the official name of McCutcheon v. Federal Election Commission but some people are already referring to it as “Citizens United II.” The issue is the constitutionality of federal law that caps the total amount of money individuals may contribute to candidates, parties, and certain political committees over a two-year period. Shaun McCutcheon, an active political contributor to the GOP and its candidates, challenged the caps, which are currently set at $117,000, as a violation of the First Amendment’s guarantee of freedom of speech.

National: Supreme Court to weigh whether Voting Rights Act has run its course | USAToday

February 20, 2013

The murders of three young civil rights workers bent on registering black voters during 1964’s “Freedom Summer” still haunts this tiny town in central Mississippi. Jewel Rush McDonald shudders at the thought of the beatings her mother and brother endured at the hands of the Ku Klux Klan five days before the murders. Stanley Dearman bemoans the four decades it took to get even one manslaughter conviction, and only after he badgered state officials in his weekly newspaper. James Young recalls the tension of being the only black pupil in his elementary school class at the time of the murders, when poll taxes and literacy tests helped keep 95% of eligible blacks in Mississippi from voting. After dark in those days, he says, “we were told to be in the house.” But “things have changed in the South,” Supreme Court Chief Justice John Roberts said June 22, 2009, almost 45 years to the day since the murders. It was one line in the court’s most recent decision on the Voting Rights Act of 1965, and though it kept the law largely intact, Roberts warned the act’s days might be numbered.

National: Supreme Court will hear appeal of campaign donation limits | Politico.com

February 20, 2013

Three years after the landmark Citizens United decision that dramatically changed campaign finance laws, the Supreme Court announced Tuesday it will take up another campaign finance case challenging how much donors can give to campaigns and committees. The court will hear McCutcheon v. Federal Election Commission, which deals with the constitutionality of aggregate contribution limits, in October. Shaun McCutcheon, an Alabama resident, contributed a total of $33,088 to 16 different candidates during the 2012 election cycle and thousands more to party committees. He wanted his contributions for the cycle to total $75,000 to party committees and $54,400 to candidates but was barred from giving at that level by federal aggregate limits. The Republican National Committee and McCutcheon challenged the FEC’s contribution limits under the First Amendment, saying the $46,200 aggregate limit for candidates and $70,800 limit for committees was “unsupported by any cognizable government interest … at any level of review.” The U.S. Court of Appeals for the District of Columbia upheld the limits.

National: Supreme Court Takes Campaign Finance Case, Will Rule On Contribution Limits | Huffington Post

February 20, 2013

The Supreme Court announced Tuesday that it will hear a case challenging the per-biennial cycle limit on campaign contributions from individuals. The case, McCutcheon v. Federal Election Commission, argues that the limit on what individuals are allowed to give candidates ($46,200 per two-year cycle) and parties and PACs ($70,800 per two-year cycle) is an unconstitutional violation of the individual donor’s free speech rights. The U.S. Court of Appeals already ruled in favor of keeping the biennial limits, which have been in place since 1971 and were upheld in the 1976 Buckley v. Valeo case. By accepting the case, the Supreme Court is stepping into the thick of another controversial campaign finance case just three years after ruling in Citizens United v. FEC that corporations and unions can spend freely on elections. If the court rules against the two-year limits, it would mark the first time a court has overturned a part of the landmark Buckley ruling that deals with campaign contribution limits. This is not terribly surprising as the court has been hostile to campaign finance laws ever since Justice Sandra Day O’Connor, a supporter of campaign finance regulation, was replaced by Justice Samuel Alito, a member of the court’s conservative bloc who is opposed to campaign regulation.

National: Decades later, attorney tracks new challenge to Voting Rights Act | The Advertiser

February 19, 2013

It was a battle that attorney Armand Derfner thought he had helped win almost five decades ago. In 1968, Derfner represented black Mississippi voters before the Supreme Court in one of the first constitutional tests of a key Voting Rights Act provision. Derfner and a team of civil rights lawyers prevailed, expanding the provision’s scope and keeping the protection in place. Today, Derfner, 74, is watching the Voting Rights Act confront a new challenge — on the same issue he argued 45 years ago.

National: Supreme Court to Hear Alabama County’s Challenge to Voting Rights Act | NYTimes.com

Jerome Gray, a 74-year-old black man, has voted in every election since 1974 in this verdant little outpost of some 4,000 people halfway between Mobile and Montgomery. Casting a ballot, he said, is a way to honor the legacy of the Voting Rights Act of 1965, a civil rights landmark born from a bloody confrontation 70 miles north of here, in Selma. The franchise remains fragile in Evergreen, Mr. Gray said. Last summer, he was kicked off the voting rolls by a clerk who had improperly culled the list based on utility records. A three-judge federal court in Mobile barred the city from using the new voting list, invoking Section 5 of the Voting Rights Act, which requires many state and local governments, mostly in the South, to obtain permission from the Justice Department or from a federal court in Washington before making changes that affect voting. That provision is also at the heart of one of the marquee cases of the Supreme Court’s term, Shelby County v. Holder, No. 12-96, which will be argued on Feb. 27. It was brought by Shelby County, near Birmingham, and it contends that the provision has outlived its purpose of protecting minority voters in an era when a black man has been re-elected to the presidency.

National: Online voting: Safe for Oscars, but not yet for elections? | TechHive

For the first time ever, this year’s Oscar winners were selected online. The Academy of Motion Picture Arts and Sciences decided to let its members vote online, but cybersecurity and elections experts say that casting Internet ballots in public elections is still a long way off. Even picking Best Picture winners led to serious snafus. The voting deadline for the Oscars was extended in early January after some members had issues with account registration (password requests were answered by snail mail rather than email). But in public elections, deadlines can’t be extended. A group of cybersecurity and elections experts last week reiterated the dangers of modeling public elections after private ones. Companies who design online voting systems for award shows or corporate shareholder meetings may suggest these systems can also be used in congressional or presidential races. Those claims should be met with skepticism, said computer scientist David Jefferson, chairman of the nonprofit Verified Voting Foundation. “There are major differences between private and public elections: the degree of security required, the degree of privacy required, the degree of transparency required,” Jefferson said in a telephone press conference Thursday. “In a public election we’re talking about a national security situation.”

National: Online Voting For Academy Awards Must Not Become Model For Public Elections, Cyber Security & Voting Rights Experts Warn | Paramus Post

A group of concerned cyber security experts and voting rights advocates released a statement today warning that Internet voting for this year’s Academy Awards must not become a model for public elections. The group includes advocacy organizations Common Cause and Verified Voting and some of the most renowned figures in computer science including Ron Rivest, co-founder of RSA and Verisign and recipient of the Turing Award;[1] and Dr. Barbara Simons, former President of ACM and author of Broken Ballots: Will Your Vote Count? “When the Academy of Motion Picture Arts and Sciences announced that it would be using an online voting system to help its members choose this year’s Oscar nominees and finalists, thereby adding to the “credibility” of online voting, we found ourselves compelled to remind the general public that it is dangerous to deploy voting by email, efax, or through internet portals in public governmental elections at this time,” the experts said. “Public elections run by municipal, local and state governments should not be compared to elections like the one run by the Academy.”

National: Opposing Election Lawyers to Lead Obama Voting Panel | NYTimes.com

Robert Bauer and Ben Ginsberg, two of the nation’s pre-eminent election lawyers, have long been on opposing sides of legal arguments. Last fall they were quarreling over voter registration, early voting laws and how the debates should be staged between their respective clients, President Obama and Mitt Romney. But for the next six months they will be working side by side on a new presidential commission, surveying election officials and customer service specialists — possibly from theme parks and other crowded places — to find ways to streamline how Americans cast their ballots and reduce the long lines that kept hundreds of thousands of people from voting in November. The president, in announcing the commission during his State of the Union address on Tuesday, noted that the presence of Mr. Ginsberg, a longtime Republican, would lend credibility and move beyond party politics to ensure its bipartisan nature.

National: President’s New Voting Commission Greeted With Skepticism | NPR