National: Experts: ‘Dark money’ here to stay | The Hill

A new administration proposal to limit the political activity of tax-exempt groups could fall short of forcing “dark money” out of campaigns, experts say. The new Treasury Department and Internal Revenue Service proposals, which are expected to spark extensive debate, would bar so-called 501(c)(4) organizations from counting certain political activity as part of their social welfare work. But the IRS and Treasury are still going to accept recommendations on how much political activity a group can engage in while still receiving the prized 501(c)(4) status — and their decision is crucial to lawmakers and outside groups trying to ensure that big-time political contributors are public knowledge. But no matter how the decision comes down, campaign finance experts predict lawyers will eventually be able to find a way to help donors avoid public disclosure. "One thing we’ve learned is that very few fixes in this area of the law are permanent, and it requires a consistent regulatory response since lawyers can find their way around these rules,” said Rick Hasen, an election law expert at the University of California, Irvine. According to the current law, groups classified as 501(c)(4), which can accept unlimited amounts of donations, are to be exclusively engaged in promoting social welfare.

National: Young Black voters pay higher ‘time tax’ at the polls | Daytona Times

As the American electorate becomes more diverse, new voting laws threaten to disenfranchise young Black and Latino voters in what a new report called “the largest wave of voter suppression since the enactment of the 1965 Voting Rights Act.” The report by OurTime.org and Advancement Project, titled “The Time Tax,” details disparities in the excessive wait times that millennials (18-29 years-old), especially millennials of color, endured to cast votes during the 2012 November elections. According to the report, millennials are expected to account for 40 percent of the electorate in less than eight years including a higher proportion of young minority voters. During the 2012 November elections, millennial voters (18-29 years-old) accounted for 19 percent of the electorate. While turnout for Latinos, Asians and the youngest voters decreased (18-24 years-old), voter turnout for Blacks increased. Yet, Blacks “waited an average of 23 minutes to vote, compared to only 12 minutes for Whites,” stated the report.

National: The IRS Moves to Limit Dark Money – But Enforcement Still a Question | ProPublica

The IRS and Treasury Department announced proposed guidelines clarifying the definition of political activities for social welfare nonprofits Tuesday afternoon, a move that could restrict the spending of the dark money groups that dumped more than $254 million of anonymous money into the 2012 elections. Read the guidelines here. However, the guidelines, which finally define what constitutes “candidate-related political activity,” aren’t a done deal. They will take some time for public comment and debate, and more time to finalize. (The IRS asks that all comments and requests for a public hearing be submitted by Feb. 27.) Experts also cautioned that the real test of oversight on the political spending by nonprofits will be how these regulations are enforced, something that the IRS has been so far reticent to do.

National: FEC Deadlocks on Bitcoin Contributions, Tea Party Reporting Exemption | In the Arena

At today’s public meeting, the Federal Election Commission deadlocked on two advisory opinion requests and approved a third. Both deadlocked votes split along party lines between the Democratic- and Republican-selected Commissioners. The Commission first considered a request from the Conservative Action Fund PAC that was held over from last week’s meeting. The request asked whether and how political committees may accept contributions in the form of Bitcoins. While the Commissioners all agreed that committees may accept Bitcoin contributions, they were divided on whether committees could spend Bitcoins, and what steps must be taken to receive and report them. The three Republican-selected Commissioners all voted for a draft opinion that would have allowed political committees not only to accept Bitcoins as in-kind contributions, but also to use them to purchase goods and services and make contributions to other committees. However, the three Democratic-selected Commissioners argued that the Commission should take more time to understand the technology of Bitcoin and issue guidance through a policy statement or interpretive rule. All six Commissioners seemed open to considering such a rule in the future.

National: Tea party group to make case for donor anonymity | Washington Times

A clash between the public’s right to know and fears of political persecution will play out when the Federal Election Commission on Thursday takes up a request from a leading tea party group that it be exempt from disclosure laws to protect its financial supporters from harassment. The FEC is set to vote on whether to exempt the Tea Party Leadership Fund (TPLF) from campaign disclosure laws in light of the group’s claims that its donors have faced “sustained harassment and severe hostility” and should have the right to give anonymously. The TPLF, which operates both a traditional political action committee and a “super PAC” for independent political expenditures, is arguing that its donors have been subject to harsh criticism from the federal government and the general public and that having to reveal their identity would only open them to further harassment.

National: Cornyn introduces bill to end disenfranchisement of military voters | KETK

U.S. Senator John Cornyn (R-TX) joined with Senate colleagues today to introduce The Safeguarding Elections for our Nation’s Troops through Reforms and Improvements (SENTRI) Act, S.1728. The bill will expand access to voting for military voters and improve voting assistance opportunities. “It is unacceptable that our service members and their families are facing hurdles when attempting to exercise one of the most fundamental rights they fight and sacrifice to protect—the right to vote.

National: What A Bitcoin Political Debut Could Mean For Transparency | Capital Public Radio

Bitcoin, the virtual currency that exists as alphanumeric strings online, is on the verge of getting into politics. The Federal Election Commission is expected to vote Thursday on a proposal to allow bitcoin contributions to political action committees — even as skeptics say that bitcoins could undermine the disclosure standards of federal law. The FEC is acting as other federal agencies are also exploring the uses, and dangers, of digital currency. At a Senate hearing on Monday, federal law enforcement officials cited Silk Road, an online illegal marketplace that used bitcoin before it was shut down. Edward Lowery III, chief of the Secret Service Criminal Investigative Division, told the panel: "While digital currencies may provide potential benefits, they present real risks through their use by the criminal and terrorist organizations trying to conceal their illicit activity." Still, no one at the Senate hearing wanted to stifle virtual currency, and neither does the FEC. The commission was brought into the issue by the Conservative Action Fund, a political action committee that is seeking approval to accept bitcoins as contributions.

National: Long voting lines: Not just an inconvenience | MSNBC

Long voting lines were at the top of voters’ complaints in 2012 – and young voters got hit hard by wait times. A study released Monday from Advancement Project and OurTime.org turned the spotlight on Florida and Virginia, two states that experienced the longest wait times in 2012, and found that young voters turned out “in spite of numerous ballot barriers, not because the system worked efficiently.” How’s that for an apathetic youth? The study states: “Florida voters experience some of the longest voting lines in the country, with an average wait time of 39 minutes to cast a ballot. That was three times the national average in 2012, of 13.3 minutes.” Matthew Segal, co-founder of OurTime, calls those extra minutes a tax. Not in a monetary sense, but if time is money (as we’ve heard it is) then young voters are feeling the pinch more than others. “The Time Tax doesn’t cost literal dollars and cents, but it’s certainly costing time,” Segal explained to msnbc.com. Those minutes and hours spent on a voting line means less time for jobs, classes, and homework and more hoops to jump through to obtain proper identification and necessary voting qualifications means more people may give up on voting because it’s too time-consuming.

National: Sensenbrenner amps up voting rights reform push | The Hill

A powerful House Republican said this week that he's preparing to throw his full weight behind the effort to reinstall the voting protections shot down by the Supreme Court in June. Rep. James Sensenbrenner, former head of the House Judiciary Committee, has been focused on a new surveillance bill in recent weeks. But speaking Tuesday at the Georgetown University Law Center, the 18-term Wisconsin Republican said he intends to shift gears to address the provisions of the Voting Rights Act (VRA) deemed by the high court to be unconstitutional. "Once I am done with this issue, my next project is to try to constitutionalize those parts of the Voting Rights Act that were struck down," Sensenbrenner said. While noting that he no longer heads the Judiciary panel, Sensenbrenner vowed he's "keeping my hands in the pie and attempting to deal with issues that I think are important … to improving the quality of life for all of the people in the United States of America."

National: War on ‘Greatest Generation’? Critics assail voter ID laws | CSMonitor.com

Genevieve Winslow of Milwaukee belongs is a member of the Greatest Generation. In 1948, at age 20, she married Alex Winslow, who fought in the Battle of the Bulge. Beginning a year later, at 21, she's voted in nearly every election since. Now, she worries she might get turned away at the polls in the future. It is a common concern among older Americans living in states that have enacted photo ID requirements for voting. Passed by Republican state legislatures as a hedge against voter fraud, the laws have been assailed by critics who say they discriminate against the elderly and minorities. As Wisconsin implements its law, it is opening a window into why a photo ID can be so difficult for the elderly to obtain. But it is also highlighting what some activists are calling a "war against the Greatest Generation" as federal and state budget cuts fall disproportionately on the elderly. Whether it is the government shutdown making it harder to obtain veteran's benefits or cuts to food stamps or state welfare programs, many in the Greatest Generation feel that they are now being left in the cold. During the latest partial government shutdown, "I don’t know that people didn’t get their benefits, but does that mean that things did not get processed while the government was shut down? Yes," says David Hobson, executive director of the National Organization of Veterans Advocates. " That does mean that claims did not get processed, so that was being held up." Yet voter ID laws, which have been adopted in at least 34 states, feel to many seniors like the most direct attack.

National: Republican Party Weighs a 2016 Shakeup With ‘Midwestern Primary’ | The Daily Beast

The national Republican Party is considering a number of major changes to its presidential nominating process to avoid a repeat of the debacles of 2012, according to several party officials. Most significantly, the party is considering holding a “Midwestern primary” featuring Great Lakes states such as Ohio, Indiana, Illinois, Michigan, and Wisconsin that would come immediately after the votes in the traditional early primary states. Also being weighed and thought likely to be approved when the Republican National Committee meets in early 2014 is a plan to shorten the primary season considerably by holding the party’s convention in July, almost as soon as the last primary ballots are cast. The move toward a “Midwestern Super Tuesday” after the early primary states of Iowa, New Hampshire, South Carolina, and Florida appears aimed in part at wresting control of the nominating process from social conservatives in the South in an effort to produce a nominee more likely to carry the election in November. Nearly all the “Rust Belt” states have fallen into Democratic hands in recent elections, and GOP officials believe that showering them with more resources throughout the primary process—and ensuring that an eventual nominee is broadly popular there—could flip the Midwest into the Republican column in November.

National: Democrats tread carefully on voting rights bill | The Hill

Democrats in both chambers are working behind the scenes to draft legislation to re-install the Voting Rights Act protections shot down by the Supreme Court over the summer. But in a sign of the delicate nature of the topic, Senate Democrats are taking care not to rush ahead of the House, for fear of sinking the bill's chances in the GOP-controlled lower chamber. Instead, Senate Judiciary Chairman Patrick Leahy (D-Vt.) is working with House Democrats and a small contingent of House Republicans – notably former Judiciary Chairman Jim Sensenbrenner (Wis.), who championed the 2006 VRA reauthorization – in an effort to defuse the partisan politics surrounding the thorny issue and forge a bill that has the best chance of becoming law. "We've had hearings and now we're just trying to quietly get some support, because I don't want to bring up something that doesn't go anywhere," Leahy said Thursday.

National: Gerrymanders and state [s]elections | The Hill

Ol’ Elbridge Gerry is back in the dock, his namesake “gerrymander” blamed for all that ails our “gridlocked” Congress.   Some claim that the House districts drawn by state legislatures in 2011 have reached new heights (or lows) of partisanship.  Critics deride the shape of the districts and object to their effect on control of the House.  These claims are important, but they ignore the fact that state legislatures have since 1788 sought to influence the selection of members of Congress. The current, computer-aided gerrymandering is only the most recent battle in that perennial fight.  When viewed as the “selection” of sympathetic House members by state legislatures, gerrymandering reflects deeper constitutional roots than its critics admit. The Framers of our Constitution granted state legislatures key roles in the election of the members of the Senate and House.  Article I of the 1787 Constitution provided for the election of senators by vote of the state legislatures.  Members of the House were to be chosen by the vote of the people of each state, but state legislatures would choose the “time, place, and manner” of such direct elections,” though Congress retained power to “alter” such state regulations.

National: Using Hurricane Sandy as a Lesson for Future Elections | New York Times

Hurricane Sandy prompted elected officials to consider many ideas to prepare for storms, as varied as building protective dunes and fortifying subway stops. Now politicians representing areas vulnerable to storms are also considering steps to protect something less obviously threatened by the weather: Election Day. The officials say they are responding to lessons learned during the 2012 presidential election, one week after Hurricane Sandy, when they were forced to scramble to relocate polling places and devise ways for displaced residents to vote. Many of their adjustments were conceived on the fly, and voting in New York and New Jersey was chaotic. “Voting is a fundamental American right, and all states should have a plan to ensure that even a serious man-made or natural disaster doesn’t interfere with that right,” said Senator Charles E. Schumer of New York, who plans to introduce legislation to require states to develop disaster contingency plans for elections for federal offices.

National: Soon You’ll Be Able To Buy Politicians With Digital Cash | Huffington Post

The digital currency Bitcoin is perhaps best known for its use in buying illegal drugs from online stores like the now-defunct Silk Road. An upcoming Federal Election Commission ruling will expand what you can buy with bitcoins into a strictly legal realm: purchasing politicians. The FEC is set to approve an advisory opinion this week allowing federal political campaigns to accept contributions in bitcoins. The agency will treat bitcoins the same way it treats donations of stock, as an in-kind gift worth the amount at which it was valued at the time of contribution. Bitcoins were valued at about $376 each (as of this writing), and the maximum contribution an individual may make to one campaign is $2,600 per election. The advisory opinion comes in response to the Conservative Action Fund, whose request was filed by conservative election lawyer Dan Backer. He is the force behind a number of recent deregulatory advisory opinion requests and court challenges, including the initial FEC filing that led to the pending Supreme Court case McCutcheon v. FEC. Backer asked the FEC whether the Conservative Action Fund could accept bitcoins as contributions as well as use bitcoins to pay expenses and to make contributions to other candidates.

National: How Supreme Court Decision on Voting Rights Act is Affecting State Laws | ProPublica

Last year, we wrote extensively about photo ID laws and the Supreme Court’s decision to strike a key section of the Voting Rights Act of 1965. Now, with gubernatorial elections in New Jersey and Virginia, and the debt ceiling and healthcare debates already shaping the 2014 midterms, we’re revisiting voting policies to see which states have enacted tougher restrictions since the Supreme Court ruling in June. Under the Voting Rights Act, states and localities with a history of racial discrimination needed to get permission from the federal government to enact any changes to their voting laws, in a process called “preclearance.” As of June 2013, nine states, mostly in the South – Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia – needed to get any new voting laws pre-approved. Some counties and townships in California, Florida, New York, North Carolina, South Dakota and Michigan were also subject to preclearance. Section 5 first applied to states that imposed literacy tests or other unfair devices, and had low voter registration or turnout. Congress later expanded the law to add jurisdictions with sizable minority populations and English-only election materials.

National: Curtailed Voting Rights Act To Be Tested In Disenfranchisement Lawsuits Across US | MintPress News

In Wisconsin, the first test of the Voting Rights Act post-Shelby County v. Holder is underway. Since the controversial ruling from the U.S. Supreme Court in June — in which the court ruled that the federal preclearance formula used to prevent racist voter suppression in certain states and communities is dated and unconstitutional — nine states have moved to introduce stricter voting laws — including harsher requirements for voter identification, restrictions on absentee and early voting and limiting access to voting places. Wisconsin is the first state the Justice Department has sued under Section 2 of the VRA, which prohibits states from limiting voting access to federally recognized protected groups and permits the Justice Department to file suit on the basis of racial, ethnic, age, gender, sexual preference or disability discrimination at the polling place. Wisconsin passed a law requiring a state-issued photo ID be presented in order to vote. This, in turn, would require a birth certificate, which many minorities do not have access to. Additionally, out-of-state college students might not have access to a state ID. … In one of the two challenges being heard, the American Civil Liberties Union argues that Ruthelle Frank, an 86-year-old resident of Brokaw, Wis., and a member of the Brokaw Village Board since 1996, is being unfairly discriminated against because — although the state Register of Deeds bears a record of her live birth — the record has her maiden name incorrectly spelled. As a result, all of her vital certifications would be inadequate under the law toward obtaining a voting ID, while correcting the error would be costly for an elderly woman on a fixed budget. The ACLU argues that the Wisconsin law places Frank under an undue financial burden in order to exercise her right to vote.

National: Lawyers Seek $2M in Fees from Federal Governemnt in Voting Rights Act Challenge | Legal Times

The lawyers who successfully challenged the Voting Rights Act before the U.S. Supreme Court earlier this year are seeking $2 million in legal fees from the federal government. U.S. Department of Justice lawyers and attorneys from Wiley Rein, who represented Shelby County, Ala., in the voting rights dispute, are expected to fight over two issues: whether the challengers are entitled to fees in the first place and whether $2 million is too much. The fee request "appears to present novel legal issues," the attorneys in the case said in a Nov. 4 court filing. The government and civil rights groups involved in the litigation plan to oppose the fee request. U.S. District Judge John Bates will first decide whether Shelby County's lawyers are entitled to fees before looking at how much compensation is appropriate. In June, a divided U.S. Supreme Court struck down Section 4 of the voting rights law, which laid out the formula used to decide which states and jurisdictions should have to take special steps before making changes to their voting procedures. Wiley Rein filed its fee request in late October.

National: Presumed guilty: Ex-felons face barriers to voting rights | MSNBC

When the votes are tallied in Virginia’s race for governor on Tuesday, over 300,000 citizens will be missing from the voting rolls – including 20% of the state’s black population. The reason is not low turnout or voter ID, but a growing and often invisible barrier to voting that is upending elections around the country. Over 5 million Americans are barred from voting because they have criminal records, according to a report this year from the Sentencing Project. The crackdown on ballot access is so intense, a majority of states actually bar former convicts from voting even after they are released from prison.  If voting rights were restored to those former inmates, about 4.3 million more Americans would be able to vote. That is over three times margin of victory in the last House midterm elections.

National: Republicans target minor parties after election losses | Washington Post

Republican legislators and political activists in several red states are taking steps to make it harder for minor party candidates to make the ballot after a string of elections Democrats won with less than 50 percent of the vote. The Ohio legislature voted earlier this week to require minor parties to collect signatures of 1 percent of the number of voters who cast ballots in the last gubernatorial or presidential election. Libertarians and Green Party members complain that the rule — which would require them to gather about 56,000 signatures to make the 2014 ballot — sets an impossibly high standard. In Arizona, Gov. Jan Brewer (R) signed legislation earlier this year to require candidates running for Congress to collect enough signatures to represent one-third of 1 percent of registered voters in their respective districts. That’s a 40-fold increase in the number of signatures Libertarian Party candidates would have to collect.

National: Fast schedule set for Kansas-Arizona voting rules lawsuit | KansasCity.com

A federal judge has set an expedited schedule in a lawsuit filed by Kansas and Arizona against a federal agency in hopes of bolstering their states' enforcement of proof-of-citizenship requirements for new voters. A hearing was scheduled for Dec. 13 on the states' request for a preliminary injunction forcing the U.S. Election Assistance Commission to modify a national voter registration form to help the states administer their requirements. U.S. District Judge Eric Melgren, based in Wichita, also told the commission and its top administrator Thursday that they had until Nov. 27, the day before Thanksgiving, to file a written response to the request for such an order. A preliminary injunction would impose the change even before the lawsuit is heard.

National: Few Tricks, Some Treats as Two New FEC Commissioners Start Work on Halloween | In the Arena

For the first time since January, the Federal Election Commission held a meeting at which a majority of six Commissioners agreed on an advisory opinion.  At its public meeting today, the Commission welcomed Lee Goodman and Ann Ravel to its ranks.  Commissioner Goodman came from a private practice in which he represented Republican candidates and officeholders, among other clients.  As the chair of the California Fair Political Practices Commission, Commissioner Ravel made waves last week with the announcement of a million-dollar settlement with two conservative nonprofits that failed to disclose the sources of funds spent on state ballot initiative campaigns. In opening statements, the two new Commissioners found common ground on two subjects: they both expressed appreciation of the FEC’s staff, and a desire to achieve consensus on issues facing the agency.  Commissioner Goodman added, though, that the FEC is a “complicated agency” where First Amendment and regulatory concerns must be carefully balanced.

National: State voter ID laws snare women with name changes | USAToday

Some states that have tightened their voter identification laws are using workarounds to avoid voting problems for women whose names have changed because of marriage or divorce – even as opponents of the laws warn there is still potential to disqualify female voters. Voter ID laws are intensely controversial: the Justice Department is currently suing Texas and North Carolina to block their new, stricter laws, and lawsuits in Pennsylvania and Wisconsin have also prevented voter ID laws from being implemented. Legislators supporting voter ID laws say they are necessary to prevent voter fraud; opponents say laws requiring certain types of identification disproportionately affect minorities and the poor. They may also create problems for women who have changed their names after marriage or divorce, advocates say.

National: Voter ID update: the diversity in the details | Constitution Daily

Voter ID laws are back in the news. Curiously, the most recent action concerns one of the oldest cases. Judge Richard Posner wrote the 2007 appellate opinion upholding Indiana’s strict photo ID law — the first legal one in the country — against a challenge. Justice John Paul Stevens wrote the 2008 opinion for the Supreme Court upholding that upholding. Both have recently publicly mused about the merits of arguments by the judges that disagreed. That sort of reflective appreciation for the opposing view is sufficiently unusual that it has provoked a flood of commentary. And that flood of commentary has largely lost sight of two very important distinctions. First: ID laws are not all the same. Every state makes sure, when people come to the polls, that they are who they say they are. It’s the details of how they do this that matter. Some states compare signatures. Many see whether they can match up Social Security digits, or ask for a document like a utility bill or paycheck, off a long list. Some have a shorter list of approved documents. Some ask for a government-issued photo ID card from those who have one, and demand a special affidavit from those who do not.

National: How voter ID laws might suppress the votes of women. Republican women. | Dahlia Lithwick/Slate

Last June the U.S. Supreme Court struck down a key part of the Voting Rights Act, resulting in several states, among them Texas and North Carolina, racing to enact draconian new voter ID laws. While the first wave of attention focused on the ways such laws disproportionately impact minority voters, young voters, and the elderly, a slew of articles this past weekend point out that voter ID laws may also significantly suppress women’s votes. Indeed some have even suggested that this is the next front in the war on women, and suppressing female votes is part of the GOP’s concerted effort to ensure victories in states like Texas, where women like Wendy Davis threaten to topple the GOP with the support of female voters. It’s beyond disputing that women have ensured that Democrats, up to and including President Obama, have achieved major wins in recent elections. Female voters decided 22 of 23 Senate races in the 2012 election. But a closer look at whether voter ID laws will invariably harm liberal women and Democratic candidates at the polls suggests that something more interesting, and more complicated, may be going on here. We don’t actually have very good data to support the claim that voter ID laws will disproportionately disenfranchise progressive women. In fact some election law experts tell me the opposite may be true: These laws may hurt conservative women instead.

National: Section 2 of the Voting Rights Act is more effective than expected, new research shows | Slate

A voting rights battle royal began last month when the Department of Justice sued North Carolina over its restrictive new election law. DOJ alleged that the law, which imposes a photo ID requirement for voting, ends same-day voter registration, and cuts back on early voting, violates Section 2 of the Voting Rights Act. Earlier this summer the DOJ also filed two Section 2 suits against Texas, arguing that its photo ID law and electoral district maps are illegal. Section 2 is the VRA’s core remaining prohibition of racial discrimination in voting. It bans practices that make it more difficult for minority voters to “participate in the political process” and “elect representatives of their choice.” It applies to both redistricting (as in Texas) and voting restrictions (as in North Carolina). And it just became a whole lot more important thanks to the Supreme Court’s June decision in Shelby County v. Holder, which neutered the VRA’s other key provision, Section 5. Section 5 used to bar certain states and cities, mostly in the South, from changing their election laws unless they first received federal approval. To get approval, the jurisdictions had to prove that their changes wouldn’t make minority voters worse off. Now that Section 5 is essentially gone, all eyes are on Section 2.

National: Judge in Landmark Case Disavows Support for Voter ID | New York Times

It is the kind of thought that rarely passes the lips of a member of the federal judiciary: I was wrong. But there was Richard A. Posner, one of the most distinguished judges in the land and a member of the United States Court of Appeals for the Seventh Circuit, saying he was mistaken in one of the most contentious issues in American politics and jurisprudence: laws that require people to show identification before they can vote. Proponents of voter identification laws, who tend to be Republican, say the measures are necessary to prevent fraud at the polls. Opponents, who tend to be Democrats, assert that the amount of fraud at polling places is tiny, and that the burdens of the laws are enough to suppress voting, especially among poor and minority Americans. One of the landmark cases in which such requirements were affirmed, Crawford v. Marion County Election Board, was decided at the Seventh Circuit in an opinion written by Judge Posner in 2007 and upheld by the Supreme Court in 2008.

National: Voter-ID Laws Worry Retired Supreme Court Justice Stevens | Wall Street Journal

Retired Supreme Court Justice John Paul Stevens said he was concerned by the proliferation of state laws tightening voter-identification requirements but believes he ruled correctly in 2008 that an Indiana voter-ID law could stand. Debate over the case was reopened last week when a federal appeals judge in Chicago repudiated his own 2007 opinion upholding the Indiana law. Judge Richard Posner wrote the 2-1 decision of the Seventh U.S. Circuit Court of Appeals that the Supreme Court, by a 6-3 vote, upheld the following year. "I plead guilty to having written the majority opinion (affirmed by the Supreme Court) upholding Indiana's requirement that prospective voters prove their identity with a photo ID—a type of law now widely regarded as a means of voter suppression rather than of fraud prevention," Judge Posner writes in his new book, "Reflections on Judging."

National: The next, next Citizens United | Washington Post

Last week, the U.S. Supreme Court heard oral arguments in McCutcheon v. Federal Election Commission, a case many — including my GovBeat colleague Niraj — have dubbed the next Citizens United. McCutcheon challenges the government-set aggregate limits on how much an individual can contribute to federal candidates. It’s the latest salvo in a coordinated drive by conservative lawyers to undermine campaign finance reforms. And those conservative lawyers aren’t waiting for McCutcheon to be decided before they tee up their next assault — this time on rules against corporations contributing to candidates. Last week, Indiana attorney Jim Bopp Jr., on behalf of the Iowa Right to Life Committee, asked the U.S. Supreme Court to review Iowa’s ban on political contributions by corporations. Bopp says Iowa’s rules, which allow labor unions to give but prohibit corporations from donating to candidates, violates the Fourteenth Amendment’s equal protection guarantee, along with the right to free speech.

National: Judge Who Framed Voter ID Laws As Constitutional Says He Got It Wrong | The Nation

When the United States Court of Appeals for the 7th Circuit in Chicago issued a critical ruling defending the constitutionality of Voter ID laws, Judge Richard Posner authored the decision. The arguments Judge Posner made for upholding Indiana's Voter ID law framed the some of the key underpinnings for the 2008 decision of the US Supreme Court that, since it was issued, has been employed as a justification for similar initiatives in states across the country. According to the National Conference of State Legislatures, "a total of 34 states have passed voter ID laws of some kind." Not all of those laws have been implemented, with a number of them facing court challenges. So it should count for something that Judge Posner now says that he was mistaken in his determination. Indeed, the judge's rethink ought to inspire a national rethink -- about not just Voter ID laws but the broader issue of voter rights.