National: In A Political Campaign, Is There A Constitutionally-Protected Right To Lie? | Forbes

On January 10, 2014, the U. S. Supreme Court agreed to hear arguments from two political action committees that seek standing to thwart the strictures of the Ohio Election Commission, which, by statute, had sought to bar billboard ads that allegedly lied about a Congressional candidate’s positions.  The candidate claimed that the ads were intentionally false and misleading, and were designed to damage his reputation and hurt his bid to retain his seat in the U. S. Congress.  The political action committees (the Susan B. Anthony List, which is committed to female candidates who oppose abortion, and the Coalition Opposed to Additional Spending and Taxes) have succeeded in having their appeal docketed for hearing by the high court (SBA List, et al, petitioners v. Steven Driehaus, et al ). Governmental attempts to “outlaw” election campaign lies raise significant and delicate “free speech” issues:  Can states insist on truth in slander?  Can states bar knowing falsehoods in ads whose purpose is to damage a particular candidacy?

National: Obama Touts Voting Rights Bill | National Law Journal

President Barack Obama tonight urged Congress to take up patent reform and to restore the Voting Rights Act in the wake of a U.S. Supreme Court ruling that he said "weakened" the anti-discrimination law. … On the Voting Rights Act, Obama took an indirect swipe at the Supreme Court's ruling—in Shelby County v. Holder—that voided a provision of the law. The author of the high court's opinion—Chief Justice John Roberts Jr.—was one of five justices who attended the State of the Union. The ruling struck down the part of the law that determined which jurisdictions were required to submit electoral changes for preclearance from a federal court or the U.S. Department of Justice.

National: Going on offense to expand the vote | The Washington Post

Here’s a very interesting development that suggests Dems are beginning to take the war over voting far more seriously than in the past — and are gearing up for a protracted struggle over voting access that could make a real difference in 2016. A group of leading Democratic strategists is launching a new political action committee that will raise money for a very specific purpose: Getting Democratic secretaries of state who favor expanded voting elected in four states — Ohio, Colorado, Iowa, and Nevada. Jeremy Bird, a national field director for Obama’s presidential campaign, tells me the effort will aim to raise in the “significant seven figures” to spend on just those four races (read more about the races right here). That could have a real impact, Bird says, because the average secretary of state candidate in such races spends an average of $500,000 total. The group’s board of directors has ties into the world of Obama and Clinton donors.

National: DOD Seeks to Modernize Mail Delivery of Election Materials | Defense.gov

A multiagency effort is underway to modernize the mail delivery system to improve delivery of election materials to military and overseas voters, the director of the Federal Voting Assistance Program said here today. Matt Boehmer testified before the Senate Rules and Administration Committee on how the Defense Department is improving ballot accessibility. “The Military Postal Service Agency is serving as the lead agency in an effort with the Department of State and the United States Postal Service to lead an effort to modernize military mail delivery,” he said. Boehmer said the department recognized the time required to redirect mail once it has arrived overseas hinders the ability to cast an absentee ballot. “The system will redirect election material to military and diplomatic addresses similar to how the civilian change-of-address system works,” he said, noting it should be available in October. Boehmer noted Congress and the judicial system repeatedly have affirmed that voting is a citizen’s most fundamental right. “The Federal Voting Assistance Program is committed to two voting assistance tenets: promoting the awareness of the right to vote, and eliminating barrier for those who choose to exercise that right,” he said.

National: Will McCutcheon Replay Citizens United? | Roll Call

Four years after the Supreme Court deregulated independent campaign spending in Citizens United v. Federal Election Commission, the high court is poised to yet again turn American elections upside down. The court is expected to rule any day now on McCutcheon v. FEC, another potentially landmark constitutional challenge that could shake up campaign financing as dramatically as Citizens United did in 2010. While no one can predict how the court will rule, oral arguments in October suggest that conservatives in the majority remain as eager as ever to dismantle money limits. At issue in McCutcheon is the constitutionality of existing overall limits on how much a contributor may give to candidates and political parties in a single election cycle. Alabama businessman Shaun McCutcheon, who brought the challenge, argues that the $123,200 cap on total contributions per cycle violates his First Amendment rights.

National: RNC tightens 2016 primary calendar, rules | The Hill

A series of changes aimed at tightening the GOP presidential primary calendar sailed through a vote at the Republican National Committee's winter meeting, giving the party new tools to control its nomination process. The new 2016 rules will make it much harder for states to cut in line in the nomination process and will help Republicans avoid a repeat of a drawn out, bloody primary many believe damaged Mitt Romney's chances in 2012 of defeating President Obama. After a contentious Thursday hearing on some rules changes, few members joined Virginia Committeeman Morton Blackwell in objecting to the final package — the landslide vote was 153 in favor, with 9 opposing. "I'm really proud of you for this debate," RNC Chairman Reince Priebus said following the vote, to a standing ovation from the committee. "This is a historic day for our party, and I thank you all for what you've done. … We will all have a much better process in 2016."

National: Bipartisan election commission releases list of suggested fixes | The Washington Post

A bipartisan commission recommended a series of steps Wednesday to make it simpler to cast ballots in the next election, but largely avoided the most politically contentious issues in a debate over voter access that has become deeply partisan. Concluding a six-month review, the Presidential Commission on Election Administration said in its report that jurisdictions should expand online voter registration and early balloting, update electronic voting equipment as first-generation voting machines grow obsolete and share voter registration records across state lines to protect against fraud.

National: GOP pushes back on Obama voting report | MSNBC

A voting report released Wednesday by a bipartisan presidential panel offers a frank rebuke to Republicans working to make voting harder—especially through cuts to early voting. And the GOP is already working to limit the report’s impact. “The administration of elections is inherently a state function so I do not believe that new one-size-fits-all Washington mandates would be of assistance.” Rep. Candice Miller, a former Michigan secretary of state and the House GOP’s point person on voting issues, said in a statement. The Republican National Lawyers Association, a group of GOP election lawyers that has played a key role in advancing voting restrictions, echoed Miller’s view. The report has mostly been applauded by voting rights groups and those looking to expand access to the ballot. “The commission’s recommendations are a significant step forward,” said Wendy Weiser, director of the Democracy Program at the Brennan Center, in a statement.

National: Voter ID Not Part of Commission Report | National Law Journal

The presidential commission that was tasked with reviewing and making recommendation about the election process stayed away from one of the country’s thorniest legal issues—the merits of voter identification laws. The commission, led by Washington lawyers Robert Bauer and Benjamin Ginsberg, issued recommendations Wednesday that included the expansion of early voting and better management of voter rolls. The report, however, did not address whether certain voter identification requirements—which the U.S. Department of Justice has fought against—should be a component of good election management. Voter ID challenges are playing out in state and federal courts across the country. A state court judge last week struck down Pennsylvania's law requiring voters to show photo identification at the polls is unconstitutional, and the Department of Justice has ongoing Voting Rights Act suits challenging identification laws in North Carolina and Texas.

National: U.S. Panel Suggests Ways to Reduce Voting Delays | New York Times

A bipartisan panel created by President Obama after many voters waited hours to cast ballots in 2012 on Wednesday recommended ways to keep delays to no more than a half-hour. But changes are up to the states and 8,000 local jurisdictions, where voting laws have been a partisan battleground since the 2000 presidential recount. After surveying local officials, the commission also warned of two potential crises: Voting machines bought a decade ago, when federal funds were made available as a post-recount remedy, are breaking down or obsolete. And local schools, long a favored polling place and accessible to the disabled, increasingly are unavailable as more of them restrict entry in response to shootings like the massacre in Newtown, Conn. Mr. Obama noted in his 2012 victory speech that some voters were still in line that night, even as he spoke, and then announced the 10-member commission a year ago in his State of the Union address. He received the report, six months in the making, at the White House from the panel’s co-chairmen — Robert F. Bauer, a Democrat, and Benjamin L. Ginsberg, a Republican, the top lawyers for his own and Mitt Romney’s 2012 campaigns. The panel also included executives, academics and state and local officials.

National: Bipartisan presidential panel suggests ways to improve elections | Los Angeles Times

States should allow online voter registration and create more opportunities to cast ballots before election day, according to a report issued Wednesday by a bipartisan commission formed to address long lines and other troubles at the polls in 2012. The Presidential Commission on Election Administration made its recommendations in a 112-page report to President Obama. The commission — led by longtime Washington attorneys Robert F. Bauer, a Democrat, and Benjamin L. Ginsberg, a Republican — declared that no one should wait more than 30 minutes to vote and warned of an "impending crisis" as electronic voting machines age. Obama created the group last spring after lines, machine malfunctions and confusion left some voters waiting hours. In his inaugural address at the start of his second term, he called for a panel to find ways to improve the "efficient administration" of elections. The commission stayed true to that prescribed mandate, experts said, largely steering clear of the more contentious debates. The report does not wade deeply into issues involving voter fraud or suppression, voter identification laws or protection for minorities after the Supreme Court struck down part of the landmark Voting Rights Act of 1965.

National: Presidential Commission on Elections Tackles Voting Rights, Technology | Stateline

Local elections officials across the U.S. should expand early voting, allow online registration and do a better job enforcing federal election laws, according to a new report by a presidential panel charged with recommending fixes for election problems that have plagued American voters. Some of the recommendations in the 70-page report, which was presented on Wednesday to Vice President Joe Biden at the White House, are in sync with changes states are already making. In Florida, for example, where “hanging chads” entered the American lexicon in 2000 and there were long lines at polling places in 2012, lawmakers recently reversed a shortening of the early voting period and simplified ballots. The moves by Republican-controlled Florida are part of a broader trend.

National: Obama commission encourages early vote expansion | Associated Press

Responding to frustratingly long lines in the last national election, a presidential commission on Wednesday encouraged expansion of early voting and said no American should have to wait more than half an hour to cast a ballot. The Presidential Commission on Election Administration was presenting President Barack Obama with a list of recommendations to reduce the wait and make voting more efficient. The commission warned of an "impending crisis in voting technology" as machines across the country purchased after the 2000 election recount wear out with no federal funds on the horizon to replace them. "We could have even more problems in the future if we don't act now," Obama said after receiving their 112-page report in the White House's Roosevelt Room. But fixing the problems will be easier said than done, since no federal commission can force changes to balloting run by about 8,000 different jurisdictions. Funds for upgrades are scarce. Not only that, there have been sharp differences in recent years between the parties on what approach to employ. Fights over voting process can — and sometimes have — been as partisan and bitter as those associated with the redrawing of political boundary lines.

National: Presidential Commission Recommends Expanding Early Voting, Online Voter Registration | National Journal

A year after President Obama's pledge to address voting problems, a commission he established recommends expanding early voting and online voter registration to improve efficiency at polls nationwide. The 2012 election was characterized by stories of voters waiting for hours to cast ballots at some polls in battleground states. The commission's unanimous conclusion is that "problems that hinder the efficient administration of elections are both identifiable and solvable," and that no voter should have to wait more than 30 minutes to cast a ballot. The commission also recommended jurisdictions form advisory groups to address the needs of disabled or voters with limited English proficiency; address the "impending crisis in voting technology," as no federal dollars are set aside to update 10-year-old voting machines; and improve the recruitment and training of poll workers.

National: Presidential panel advises sweeping voting overhaul | The Hill

A panel commissioned by the White House to examine the nation's voting laws after some Americans were forced to wait hours to cast their ballots during the 2012 presidential election presented President Obama with a report on Wednesday calling for a dramatic overhaul of the nation's electoral practices. After studying the nation's election laws for the past six months, the Presidential Commission on Election Administration argued that through "a combination of planning… and the efficient allocation of resources," local jurisdictions could cut wait times at the polls to less than half an hour. "Problems that hinder the efficient administration of elections are both identifiable and solvable," the commission wrote in its 112-page report. The panel recommended a dozen major changes to electoral practices, including an expansion of online voter registration and early voting.

National: Hillary Clinton foes file FEC complaint | POLITICO

An anti-Hillary Clinton group has filed a Federal Election Commission complaint against the former secretary of state and an independent group promoting her potential 2016 presidential bid. In what election law experts say is a long-shot argument, the hybrid PAC, titled the ‘Stop Hillary PAC,’ claims that Clinton and her political team have essentially authorized a campaign by renting her official resources to a super PAC. The Wednesday complaint singled out Clinton and the super PAC Ready for Hillary — a group that is urging Clinton to run for president but is forbidden by law from coordinating with Clinton or her staff. At issue, according to Stop Hillary lawyer Dan Backer, is whether Clinton is tacitly supporting a committee that’s aiming to “draft” her for president. “Ready for Hillary is in the business of trying to get Hillary Clinton to run for office — essentially to draft her for office. And that’s their right to do so, provided the object of their draft — Hillary — isn’t behind it or helping them, because then it stops being a draft committee and becomes an authorized campaign committee,” he said in a statement, going on to suggest that she and the committee are in violation of campaign finance law.

National: Joe Biden: Voting rights fight continues | POLITICO.com

On the 85th anniversary of Martin Luther King Jr.’s birth, Vice President Joe Biden said he never imagined the country would once again be fighting over the Voting Rights Act. “I never thought we’d be fighting the fight again on voting rights, I really didn’t,” Biden said Monday to the annual King Day breakfast at the National Action Network. The vice president marked the civil rights leader’s birthday with a renewed call to action for the cause he said got him into public office in the first place.

National: 2014 elections could be most expensive midterms in history | Al Jazeera

It’s still 10 months from Election Day, but the amount of money raised to fund this year’s congressional races already numbers in the hundreds of millions. Early indicators suggest that 2014 could see the most expensive midterm elections in U.S. history. Candidates have officially collected $446 million through their campaign committees, according to data collected by the Center for Responsive Politics. Most worrisome for many concerned about the avalanche of money in the political system is the cash originating from a few wealthy donors and corporations, then funneled through outside groups like trade associations, nonprofits affiliated with political causes, and commitees, or "super PACs," closely allied with candidates. These so-called independent expenditures have already topped $25.5 million for 2014 and the 2013 special elections. That figure outpaces the $21.2 million spent at this point in the 2012 cycle and dwarfs the $8.5 million spent by this time in 2010. Much more is expected to flow in as candidates vie in competitive primaries and the general election season gets into full swing.

National: Election Assistance Commission rejects voter registration changes for states | Associated Press

The U.S. Election Assistance Commission on Friday rejected requests by Kansas, Arizona and Georgia to modify federal registration forms to allow their states to fully implement proof-of-citizen voting laws for their residents. The decision came just hours before a court-imposed deadline in a lawsuit filed by Kansas and Arizona in U.S. District Court in Kansas. Georgia is not part of that litigation but has similar requirements. The agency found that granting the states' requests would "likely hinder eligible citizens from registering to vote in federal elections," undermining the core purpose of the National Voter Registration Act. Most immediately, the issue will likely return to the courtroom of U.S. District Judge Eric Melgren, who has held onto litigation in anticipation of further proceedings. Both states enacted laws requiring new voters to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote, and most voters use state forms that enforce the requirement. But some voters use the federal form, which requires only that someone sign a statement under oath that he or she is a U.S. citizen, and Kansas and Arizona want to force a change to close what their officials see as a loophole in enforcement of their proof-of-citizenship requirements.

National: Bipartisan group begins effort to restore parts of Voting Rights Act | Los Angeles Times

Lawmakers announced Thursday bipartisan legislation that would restore key protections of the Voting Rights Act that were thrown out by the Supreme Court last summer. The bill would also establish new criteria to determine whether states need to seek federal approval for proposed changes to voting rules. The legislation is a response to the high court’s ruling in June that Southern states had been unfairly singled out by the long-standing formula used to determine which states must seek federal "pre-clearance" before changing their voting laws. The proposed legislation would establish a new trigger. Any state that is found to have committed five voting violations over a 15-year period would be subject to federal scrutiny of any new voting laws for a period of 10 years. It would also allow states to create "reasonable" photo identification laws. Four states would be subject to the law immediately upon enactment: Georgia, Texas, Louisiana and Mississippi.

National: Lawmakers to Introduce Bipartisan Voting Rights Act Fix | Roll Call

Several months after the Supreme Court gutted a key provision of the Voting Rights Act, a bipartisan contingent of lawmakers plans to introduce a legislative fix on Thursday afternoon. House Minority Leader Nancy Pelosi, D-Calif., made a passing reference to developments on the VRA front at a news conference earlier in the day. “I want to say that I’m pleased with what I see as bipartisan progress — and that’s a good thing — that’s being made on addressing the Voting Rights Act, and I think we’re going to be hearing an announcement on that later today,” Pelosi said. “I’m not here to announce it, but I’m here to say what’s occurred in briefings and meetings we’ve had. While it’s not the bill everyone will love, it is bipartisan, it is progress and it is worthy of support.” Assistant Democratic Leader James E. Clyburn, D-S.C., confirmed Pelosi’s remarks while heading into the House chamber, adding that Rep. Jim Sensenbrenner, R-Wis., and House Judiciary ranking member John Conyers Jr., D-Mich., are the sponsors.

National: Members of Congress Introduce a New Fix for the Voting Rights Act | The Nation

Today Reps. Jim Sensenbrenner (R-WI) and John Conyers (D-MI) and Senator Patrick Leahy (D-VT) will introduce legislation to strengthen the Voting Rights Act of 1965 in the wake of the Supreme Court’s decision last June invalidating a critical section of the VRA. The legislation, known as “The Voting Rights Amendment Act of 2014,” represents the first attempt by a bipartisan group in Congress to reinstate the vital protections of the VRA that the Supreme Court took away. In the Shelby County v. Holder ruling on June 25, 2013, the Court’s conservative majority struck down Section 4 of the VRA, the formula that compelled specific states with a well-documented history of voting discrimination to clear their voting changes with the federal government under Section 5 of the VRA. The two provisions were always meant to work together; without Section 4, Section 5 became a zombie, applying to zero states.

National: Congress, FEC meet about security breakdowns | Center for Public Integrity

Federal Election Commission staff today traveled to Capitol Hill and briefed congressional officials investigating the beleaguered agency on how it intends to address recent computer security and staffing problems, officials from both government bodies confirmed. The FEC's contingent was led by Alec Palmer, who doubles as the agency's staff and information technology director. It wasn't immediately clear how many congressional officials participated in the meetings, although a spokesman for Rep. Robert Brady, D-Pa., confirmed to the Center for Public Integrity that his office participated. Brady, along with Rep. John Mica, R-Fla., last week called for separate inquiries into the FEC's recent woes, which include an October infiltrationinto its computer systems by Chinese hackers. Brady is the ranking member on the Committee on House Administration, which has FEC oversight powers.

National: Campaign Activists Blast FEC Decision on Crossroads | Wall Street Journal

Campaign-finance activists vowed to take the Federal Election Commission to court Thursday after it disregarded a finding by its staff that Crossroads GPS, conservative nonprofit backed by Karl Rove, likely broke campaign laws during the 2010 elections. On Friday, the FEC quietly released a legal opinion by its staff lawyers that found that the “major purpose” of Crossroads GPS was to elect federal candidates, despite being registered as a “social-welfare” nonprofit group. The FEC’s general counsel recommended holding a formal investigation into the group. However, the FEC decided not to take any action after a deadlocked 3-3 vote by its commissioners along party lines. On Thursday, that decision drew sharp criticism from campaign-finance activists.

National: Former Connecticut Secretary of the State Miles Rapoport to lead Common Cause | New Haven Register

Former Connecticut Secretary of the State Miles Rapoport will be the next president and chief executive officer of Common Cause, a national non-profit government watchdog agency. The agency announced Rapoport’s appointment in a news release Tuesday. Rapoport, a Democrat who served as Secretary of the State from 1995-99 and as a state representative from 1985-95, has been president of Demos, another non-profit watchdog agency, since 2001. He will succeed former congressman Bob Edgar, who died suddenly last April after leading the organization for six years. Rapoport starts his new job March 10.

National: Hacking attempt draws congressional investigation of FEC | Center for Public Integrity

Two congressional leaders — one Republican and one Democrat — are calling for investigations into Federal Election Commission computer security and operational breakdowns that the Center for Public Integrity detailed in a recent report. The report revealed that Chinese hackers crashed the FEC's computer information technology systems in October just as the federal government shut down, and that the agency is suffering from chronic staffing shortages. A subsequent audit the FEC commissioned revealed a variety of other security issues. "The revelations that FEC IT systems were compromised raises serious concerns," said Rep. John Mica, R-Fla., chairman of the House Government Operations Subcommittee which oversees federal IT matters. "I am working with my staff and the staff of the full House Oversight and Government Reform Committee to investigate the extent of the breaches, and I intend to conduct a full and thorough review of the vulnerabilities of FEC systems which should raise concerns for all federal elected officials."

National: Robert Pastor: Ex-US Official, Americas Expert | New York Times

Robert A. Pastor, an influential scholar and policymaker who spent decades working for better inter-American relations and democracy and free elections in the Western Hemisphere, has died after a three-year battle with cancer. He was 66. American University Provost Scott A. Bass announced the death on Thursday. A letter posted on the university website by Dean James Goldgeier of the university's School of International Service, where Pastor was a professor, said he died Wednesday evening.

National: Half of states OK’d restrictive voting laws | Boston Globe

Nearly half the states in the country passed laws restricting the right to vote in the five years leading up to the last presidential election, with most of them in the South, according to a study recently released by two professors from the University of Massachusetts Boston. Keith Bentele and Erin O’Brien, professors of sociology and political science, respectively, found that race, class, and political partisanship influenced the push for a raft of restrictive laws from 2006 to 2011. The study, published last month, found that during the five years preceding the 2012 election, nearly every state proposed a voting law that would have, in some way, restricted access to casting ballots or registering to vote. Almost half of states passed such a law, the study said. From 2006 to 2011, according to the study, restrictive voter access policies were more likely to be proposed in states with larger African-American and immigrant populations, and where voter turnout among minority and low-income voters had increased during presidential elections.

National: What voter turnout means for efforts to remedy income inequality | The Washington Post

The gap between rhetoric about income inequality and action to deal with it is sizable. There are many reasons for that, but one possible explanation, according to a provocative new book, is the contrasting views of Americans who vote and those who do not. The book is titled “Who Votes Now? Demographics, Issues, Inequality, and Turnout in the United States.” The authors are two political scientists, Jan E. Leighley of American University and Jonathan Nagler of New York University. “Who Votes Now?” is a thoroughgoing examination of voter turnout patterns from 1972 through 2008 and offers much to chew on. But its most important finding, the authors say, is that, on crucial questions about economic policy and redistribution, those who vote do not represent the views of those who do not vote. “Voters are significantly more conservative than nonvoters on redistributive issues and have been in every election since 1972,” they write.

National: New Law Brings Major Changes to the FEC’s Administrative Fine Program – and New Challenges for Independent Expenditures | In the Arena

On December 26, President Obama signed into law a bill to extend the Federal Election Commission’s administrative fine program.  The new law broadens the program significantly, in ways that will especially affect those who make independent expenditures. The administrative fine program allows the FEC to collect fines on a streamlined basis, and on fixed schedules, when political committees fail timely to file their regular periodic reports, or when candidate committees fail timely to file their last-minute contribution (or “48-hour”) reports.  While the program places strict limits on when a respondent can challenge a fine, it has generally been regarded as successful, and has largely avoided partisan or ideological controversy.