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Several Republicans spoke out against VRA reform today, but softly. Rep. Franks, who is known for his strident abortion views and opposition to the VRA, struck a respectful and bipartisan tone. He hailed John Lewis as a civil rights hero. He emphasized his openness to working with James Sensenbrenner, the most prominent Republican backer of the VRA. But Franks has not changed his mind. After the hearing, he told me that his “heart and mind is open,” but he doesn’t think VRA reform is necessary. He pointed to parts of the law that the Supreme Court didn’t strike down. And he said when he assesses racism in America, he looks to the Court’s standards, voter turnout in the South, and the “mechanisms of discrimination” that were used in the 1960s. “I don’t know all of the suppression that existed at the time,” he volunteered, but still, Franks said he believes under current precedent, DOJ no longer needs to oversee local voting in advance. Several witnesses and Democratic members marshaled data showing the persistence of voter discrimination today, and the need for the VRA’s supervision. But just as Senate Democrats muddled their focus at yesterday’s hearing, some House Democrats hit on themes that are unlikely to recruit GOP support. (Rick Hasen, an election law expert, has more on that point.)

National: Many Republican no-shows at Voting Rights Act Hearing | Politico.com

Republicans on the Senate Judiciary Committee were mostly no-shows at Wednesday’s high-profile hearing on restoring a portion of the Voting Rights Act struck down by the Supreme Court last month. The Republicans chalked up their absence to scheduling confusion. With a brief appearance, Texas Sen. Ted Cruz became the only Republican to join Sen. Chuck Grassley of Iowa and a packed room to hear testimony about updating formulas in the 1965 law that required jurisdictions in 15 states to clear changes to voting procedures with the Justice Department. “I actually was asking my staff, I think that may have been an oversight,” Texas Sen. John Cornyn, who sits on the committee, said. “I think that might have been an oversight because I had other scheduling, other matters scheduled.”

National: Should Congress restore key part of Voting Rights Act? House hears both sides. | CSMonitor.com

Voting rights experts presented sharply divergent opinions to a House Judiciary subcommittee on Thursday as members of Congress tried to assess the impact of the US Supreme Court’s decision striking down a portion of the Voting Rights Act. Some analysts told the Subcommittee on the Constitution and Civil Justice that the remaining provisions of the VRA were more than enough to safeguard minority voting rights. Others said the high court’s action marked a considerable setback to future efforts to fight discrimination in the United States. “We have made amazing progress in this country over the last 50 years,” said Spencer Overton, a voting rights scholar and professor at George Washington University Law School. “Unfortunately, evidence shows that too many political operatives maintain power by manipulating election rules based on how voters look and speak.” Professor Overton said Congress must update the VRA and reauthorize the section struck down by the Supreme Court.

National: Hoyer, Lewis to push Obama to revive Election Assistance Commission | The Hill

Two powerful Democrats are poised to urge President Obama to resuscitate a defunct federal panel created to help Americans vote. House Minority Whip Steny Hoyer (D-Md.) and Rep. John Lewis (D-Ga.) are preparing a resolution calling on the president to fill the vacancies on the Election Assistance Commission (EAC), Hoyer said Tuesday. The four-seat board has been empty for more than a year, largely because GOP leaders — wary of Washington’s role in state-run elections — have refused to recommend nominees to fill the spots, as current law dictates. That’s a mistake, Hoyer said, particularly in a political environment where an increasing number of states have made it tougher to vote in the name of fighting fraud. “The Election Assistance Commission was established to provide advice and council on best practices on elections. It has been allowed to atrophy, and the Republicans want to eliminate it,” Hoyer told reporters in the Capitol. “It’s interesting but disappointing.”

National: Former Voting Rights Act provision gets hearing in Senate | Los Angeles Times

The Voting Rights Act, the landmark 1965 legislation that protects against racially discriminatory voting practices, had long received overwhelming bipartisan support in Congress, including for the last renewal of its temporary provisions in 2006. But at a Senate Judiciary Committee hearing Wednesday, early discussions on how to respond to the Supreme Court’s recent ruling striking down Section 4 of the law saw Democrats and Republicans mostly divided over the provision’s utility and future. While several Democrats chided the Supreme Court for undermining the country’s most effective protection against voting discrimination, even as the court acknowledged that the problem still existed, Republicans suggested that policies were outdated and that the effectiveness of the Voting Rights Act remained essentially unchanged.

National: Congressional action on Voting Rights may be a dream deferred for some | CNN

Following the U.S. Supreme Court decision striking down a key portion of the landmark Voting Rights Act, activists and those in states with a history of disenfranchisement at the polls are pinning their hopes on congressional action. But those hopes may be long deferred. A member of Congress who shed blood during the long march to civil rights told a Senate committee on Wednesday that he believes the Voting Rights Act “is needed now more than ever.” “The burden cannot be on those citizens whose rights were, or will be, violated. It is the duty of Congress to restore the life and soul to the Voting Rights Act,” said veteran congressman John Lewis. “The day of the Supreme Court decision broke my heart. It made me want to cry,” the Georgia Democrat told the Senate Judiciary Committee.

National: Sensenbrenner: New voting rights law should be passed before the 2014 Congress elections | The Washington Post

The House Republican sponsor of the Voting Rights Act updates said Wednesday that Congress must pass a new anti-discrimination law before the 2014 elections that restores the federal supervision the Supreme Court struck down in June. “The Supreme Court said it’s an obligation of Congress to do this. That’s a command of a separate but co-equal branch of government to do that,” Rep. James Sensenbrenner, R-Wis., told reporters Wednesday after urging the Senate Judiciary Committee to get moving on the issue. The law, he said, should be passed before the congressional elections. He added that House GOP leaders are open to the task, but they have to see a draft first, it must address the court’s objections and be “politically acceptable in both houses” of Congress. “The American people expect us to roll up our sleeves and get to work,” Rep. John Lewis, D-Ga., a veteran of the civil rights movement, said at the same hearing. The 1965 law and its extensions have historically won overwhelming bipartisan support.

National: House to hold hearing on Voting Rights Act | The Hill

House Republicans have scheduled their first hearing on the Voting Rights Act for Thursday, following a June ruling by the Supreme Court overturning a key provision of the civil rights law. The hearing, to be held by the Judiciary subcommittee on the Constitution and Civil Justice, comes a day after the Senate Judiciary Committee will hear testimony on the law for the first time since the ruling. The 5-4 decision found that Congress had not appropriately considered the nation’s racial progress when signaling out a set of states that required preclearance from the federal government before making any changes to election or voting laws. The states — Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia, as well as parts of seven other states — were selected by a congressionally mandated formula examining past history of voting rights abuses.

National: IRS Employees Showed No Politics, Lawmakers’ Memo Shows | Bloomberg

Interviews with 15 U.S. Internal Revenue Service employees show no political motivation or White House involvement in targeting groups applying for tax-exempt status, House Democrats said in a memo. The 36-page memo released by Democrats on the House Oversight and Government Reform Committee includes excerpts from several employee interviews with congressional investigators that haven’t been distributed publicly until today. The IRS has apologized for the delays and selective scrutiny given to Tea Party groups applying for nonprofit status. Democrats in Congress have resisted Republican arguments that IRS employees used their positions to harm Republican-leaning groups. Instead, they maintain that Tea Party groups were the victims of inadequate rules and inadvertent bungling.

National: Voting rights enforcers shift focus after Supreme Court defeat | Reuters

July 17, 2013

he U.S. office charged with protecting the voting rights of racial minorities is changing its focus but not its commitment after the Supreme Court last month invalidated part of a federal voting rights law, U.S. Attorney General Eric Holder said on Tuesday. Speaking at a major civil rights convention in Florida, Holder said he was shifting staff within the Justice Department’s Civil Rights Division to emphasize enforcement of parts of the law that the high court left untouched. In June, a 5-4 conservative majority of the Supreme Court struck down a section of the 1965 Voting Rights Act that allowed the Justice Department to block states and localities from enacting election laws that could be discriminatory. The court ruled that the formula for determining which states and localities were subject to the additional scrutiny was out of date. Lawmakers could update the formula, the court said, but it remains unclear whether they will.

National: Congress Recalls Watchdog to Explain IRS Audit | New York Times

July 17, 2013

The investigator who wrote a scathing report about the Internal Revenue Service targeting conservative political groups is heading back to Capitol Hill as a key House Democrat says his committee’s investigation has found no evidence of political bias at the agency. IRS inspector general J. Russell George is to testify Thursday before the House Oversight and Government Reform Committee, along with two IRS workers who have been interviewed as part of the committee’s investigation. George has been criticized by some congressional Democrats who say his report failed to mention that some liberal groups were targeted, too. Rep. Elijah Cummings, D-Md., released a memo Tuesday saying that interviews with 15 IRS employees and reviews of thousands of emails reveal no evidence of political bias by IRS workers. The memo said there is also no evidence that anyone outside the IRS directed the targeting.

National: Redistricting Wars – The hidden story of the 2012 elections | City Journal

July 16, 2013

Every ten years, after the U.S. Census releases its latest population reports, most of the 50 states begin the complicated process of drawing new election districts. As you might expect, partisan bickering and maneuvering inevitably distort things. So a decade ago, Arizona voters decided to end the partisanship by removing the redistricting process from the state legislature and placing it in the hands of an independent commission. Last year, the new commission, consisting of two Democrats, two Republicans, and a nonpartisan chair, got to work on its first set of maps after the 2010 census. Unfortunately, the results were anything but nonpartisan. The independent chair sided consistently with the two Democrats, essentially giving them control over the makeup of the congressional and state legislative maps. Lawsuits were launched, along with a push by Arizona’s Republican governor, Jan Brewer, to impeach the chair. The new maps, if let stand, “could reshape the state’s political landscape” in the Democrats’ favor, the Arizona Republic reported. Already, state lawmakers are looking at doing away with the commission or significantly changing it.

National: Republicans hand first hearing on Voting Rights Act to opponent of Voting Rights Act | MSNBC

July 16, 2013

House Republicans are diving into the battle over renewing the Voting Rights Act, scheduling their first hearing on the issue for this Thursday. The hearing, confirmed by a GOP source and the House Judiciary Committee, marks the GOP’s first tangible legislative attempt to respond to the Supreme Court’s Shelby decision in June, which invalidated part of the VRA. The move suggests that Republican leaders, who mostly offered evasive statements after the Shelby decision, have decided they should engage some kind of legislative process to discuss the ruling. In fact, the hearing will come just one day after the Senate Democrats’ first hearing on the VRA. The Senate Judiciary Committee will hear testimony on the VRA’s history from strong backers of the legislation, Rep. John Lewis and Rep. James Sensenbrenner. The move also shows, however, that some House Republicans are aiming to kill any voting rights reform. That’s because Republicans handed the hearing to Trent Franks, one of just 33 Republicans who voted against the last VRA re-authorization in 2006. (A total of 390 House members voted for it.)

National: FEC engulfed in power struggle over staff independence | The Washington Post

July 15, 2013

Long-standing dysfunction at the Federal Election Commission reached a new level of personal acrimony in recent weeks, fueled by a power struggle between Republican commissioners and the agency’s top lawyer, who abruptly resigned. The battle threatens to further obstruct the work of the beleaguered commission, which is charged with policing candidates’ and political groups’ compliance with disclosure rules and other requirements of the vast campaign finance system. The fight is centered on a push by the Republican commissioners to bar FEC staff members from sharing information with federal prosecutors unless the panel — currently dominated by GOP members — gives its approval. The commission’s lone Democrat and many campaign-finance experts say the move could politicize such decisions and hamper the ability of the FEC and the Justice Department to prosecute election violations.

National: Federal Election Commission nominations moving forward | The Center for Public Integrity

The Senate Rules and Administration Committee will on July 24 conduct a confirmation hearing on President Barack Obama’s two new nominees to the Federal Election Commission, three government officials familiar with the proceedings tell the Center for Public Integrity. The hearing, if conducted as planned, means the nominations could move forward to the full Senate before the body recesses on August 2 for a five-week summer break. Committee members may vote to approve or reject the nominees — Lee E. Goodman, an attorney at law firm LeClairRyan, and Ann Ravel, chairwoman of the California Fair Political Practices Commission — or forward the nominations to the full Senate without recommendation. Obama nominated Ravel and Goodman on June 21, as the Center previously reported.

National: Deadlock by design hobbles Federal Election Commission | Boston Globe

The free charter flight for Mitt Romney campaign volunteers seemed like an open-and-shut case for the six members of the Federal Election Commission. A wealthy friend of Romney spent $150,000 to fly as many as 200 campaign volunteers from Utah to a fund-raising phone-a-thon in Boston. The three Democrats on the FEC agreed with the agency’s staff that the charter appeared to violate rules limiting such “in-kind’’ gifts to $2,600 per election. But the three Republican commissioners disagreed, saying Romney’s friend merely acted “in behalf of’’ Romney’s 2008 campaign — not the illegal “on behalf of” — and thus the flight was allowed. With that twist of legal semantics, the case died — effectively dismissed. The 3-3 deadlock was part of a pattern of paralysis that has over the past five years gripped the commission, the nation’s principal referee for federal elections. The FEC has often been the subject of criticism since its founding four decades ago. But the impression of weakness has escalated dramatically, as Republicans named to the panel in 2008, united in the belief that the commission had been guilty of regulatory overreach, have moved to soften enforcement, block new rules, and limit oversight. In essence, according to critics, the FEC has been rendered toothless, and at the worst possible time, when powerful special interests are freer than they have been in decades to exert financial influence on Washington politicians.

National: After Ruling, States Rush to Enact Voting Laws | New York Times

State officials across the South are aggressively moving ahead with new laws requiring voters to show photo identification at the polls after the Supreme Court decision striking down a portion of the Voting Rights Act. The Republicans who control state legislatures throughout the region say such laws are needed to prevent voter fraud. But such fraud is extremely rare, and Democrats are concerned that the proposed changes will make it harder for many poor voters and members of minorities — who tend to vote Democratic — to cast their ballots in states that once discriminated against black voters with poll taxes and literacy tests. The Supreme Court ruling last month freed a number of states with a history of discrimination, mostly in the South, of the requirement to get advance federal permission in order to make changes to their election laws.

National: Senate committee moving forward on Voting Rights Act | MSNBC

The Senate Judiciary Committee will begin holding hearings next week on the future of the Voting Rights Act after the heart of the landmark legislation was gutted by the Supreme Court last month, Chairman Patrick Leahy said Wednesday. During the hearing, titled “From Selma to Shelby County: Working Together to Restore the Protections of the Voting Rights Act,” senators will hear testimony on the way forward in the wake of the recent Court ruling that functionally weakened the Justice Department in its ability to block discriminatory laws before they went into effect in certain states and jurisdictions. Civil rights icon and Congressman John Lewis will testify at the hearing, Leahy said, along with Rep. Jim Sensenbrenner, a Wisconsin Republican who has already signaled his willingness to move forward on new legislation designed to restore the gap left in the Voting Rights Act by the Supreme Court’s recent decision.

National: Obama tells black lawmakers he’ll help rebuild Voting Rights Act | The Dallas Morning News

July 11, 2013

President Barack Obama pledged to black lawmakers Tuesday that he will help rebuild the Voting Rights Act after a Supreme Court ruling gutted federal oversight of states with a history of bias. “He’s with us, and he wants to make sure we do something to strengthen voting rights for all Americans,” Rep. Marc Veasey, D-Fort Worth, said at the White House after Obama met with members of the Congressional Black Caucus. Black lawmakers said they also discussed how to develop a new formula for deciding which states deserve extra scrutiny. Two weeks ago, the Supreme Court struck down the existing formula, based on decades-old voting data. That freed Texas and eight other states from having to get federal permission for any change to voting laws and procedures. Given the polarization in Congress, it’s unlikely lawmakers will act any time soon.

National: Congressional Black Caucus presses Obama on voting rights, immigration | Washington Times

July 10, 2013

Black lawmakers pressed President Obama on Tuesday to ensure that immigration reform doesn’t shortchange African immigrants, and they strategized about ways to protect minority voting rights in the wake of the Supreme Court’s ruling that struck down a key provision of the Voting Rights Act. The Congressional Black Caucus met with Mr. Obama at the White House for about 90 minutes, their first gathering with the president in more than two years. Although some caucus members have been critical of Mr. Obama for not doing enough to lower black unemployment and appointing too few blacks to his Cabinet, they emerged from the meeting with words of praise for the president. “We are on the same page,” said Rep. Marcia L. Fudge, Ohio Democrat and CBC chairwoman.

National: Key provision could be Voting Rights Act’s ‘secret weapon’ | The Raw Story

July 10, 2013

Voting rights activists have seized upon a key provision of the Voting Rights Act in an effort to mitigate the damage done by the Supreme Court earlier this month in the case of Shelby County, Alabama v. Attorney General Eric Holder. According to Adam Serwer at MSNBC.com, the state of Texas may still be subject to the federal government’s approval before it can rearrange voting districts or make changes to election law. In its June 25 decision in the case, Chief Justice John Roberts neutered the historic 1965 Voting Rights Act by deeming that the criteria established in the Act for determining racist states was no longer valid. Section 4 of the Act set forth the requirements to establish that a state has a history of racial discrimination in voting. Section 5 mandated that all the states meeting Section 4′s requirements must get clearance from the federal government (known as “preclearance”) before changing election rules. By invalidating Section 4, Roberts and the Court made Section 5 all but unenforceable.

National: New Schumer bill would improve military access to voting | Staten Island Live

July 9, 2013

A bi-partisan bill to streamline voting and voter registration for service members and their families has been announced by U.S. Sen. Charles Schumer. The legislation, to be introduced by Schumer (D-N.Y.) and Sen. John Cornyn (R-Texas), would also address delays in ballot distribution for military voters and civilians living aboard. The Safeguarding Elections for our Nation’s Troops through Reforms and Improvements Act — “SENTRI Act” — aims to enhance the senators’ MOVE Act of 2010 that improved access to voting for military personnel.

National: The secret weapon that could save the Voting Rights Act | MSNBC

July 9, 2013

Voting rights advocates are testing whether a little-used provision of the Voting Rights Act could limit the damage of the Supreme Court ruling that struck down a key part of the landmark civil rights law. Hours after the Supreme Court’s verdict was announced, representatives for the state of Texas celebrated its demise by announcing that they would move ahead with restrictive voting law changes that will disproportionately disenfranchise minorities. Those changes were previously blocked by the Justice Department, through a part of the Voting Rights Act the forces jurisdictions with a history of discrimination in voting to submit their election law changes to Washington in advance, often referred to as “preclearance,” under Section 5. Preclearance prevented discrimination in advance, rather than relying on drawn out litigation that might not be resolved until long after ballots are cast. Section 4 of the Voting Rights Act, which the high court struck down as unconstitutional, determined which jurisdictions were covered by that requirement. But Section 3 of the Voting Rights Act allows the federal government to subject jurisdictions with recent records of deliberate discrimination to the preclearance requirement. With Congress polarized and unlikely to come together to fix Section 4′s coverage formula, Section 3 could become the primary tool for the Justice Department and voting rights activists seeking to patch the gaping hole left by the Supreme Court’s verdict. Travis Crum, now a clerk for federal judge David S. Tatel, laid out this approach in an article for the Yale Law Journal in 2010, anticipating that the Supreme Court would someday strike down part of the Voting Rights Act. Crum called Section 3 the Voting Rights’ Act’s “secret weapon.”

National: States Eye Voting Obstacles in Wake of High-Court Ruling | TIME.com

July 8, 2013

Less than a week after the Supreme Court watered down the 1965 Voting Rights Act, a handful of states seemed poised to roll back the protections afforded to minorities by the 48-year-old law. Two hours after the decision, Texas Attorney General Greg Abbott announced that a 2011 voter-ID law that federal courts found disproportionately burdened poor and minority voters would go into effect “immediately.” New redistricting maps, Abbott says, could swiftly follow. Since the high court’s ruling on June 25, four of the other 15 states covered by Section 5 of the Voting Rights Act — Mississippi, Alabama, North Carolina and Virginia — are in position to move forward on tightening voting laws. In Alabama and Mississippi, voters will have to present a photo-identification card at the 2014 primary polls under laws that are now being implemented, but were previously being held until cleared by Washington officials. Both states plan to issue photo IDs to voters who don’t have them.

National: GOP has tough choices on Voting Rights Act | Associated Press

July 8, 2013

When the U.S. Supreme Court gutted the Voting Rights act last week, it handed Republicans tough questions with no easy answers over how, and where, to attract voters even GOP leaders say the party needs to stay nationally competitive. The decision caught Republicans between newfound state autonomy that conservatives covet and the law’s popularity among minority, young and poor voters who tend to align with Democrats. It’s those voters that Republicans are eyeing to expand and invigorate the GOP’s core of older, white Americans. National GOP Chairman Reince Priebus began that effort well before the court’s decision by promising, among other initiatives, to hire non-white party activists to engage directly with black and Latino voters. Yet state and national Republicans reacted to the Voting Rights Act decision with a flurry of activity and comments that may not fit neatly into the national party’s vision.

National: Let the lawsuits begin: Advocates pivot strategy following Voting Rights Act ruling | NBC

One side effect of the Supreme Court’s decision to stop enforcement of Section 5 of the Voting Rights Act is clear: a flood of new lawsuits that have already begun. The ruling all but guarantees that voting rights advocates will pivot toward filing lawsuits relying on a separate piece of the law, Section 2, to challenge procedures which might impede voters. Nine states, mostly in the South, and other jurisdictions in places from Brooklyn, N.Y., to Shannon County, S.D., had been covered by Section 5 of the law which required election officials to get either the Justice Department or a federal judge to pre-approve changes in voting procedures. Section 2, on the other hand, bans voting procedures that discriminate on the basis of race, color, or membership in one of the language minority groups — such as speakers of Spanish, Vietnamese, Korean, or Navajo — identified in the VRA. In its decision Tuesday in a case involving Shelby County, Ala., the high court essentially made Section 5 unenforceable for now. It found that the formula to determine which jurisdictions were covered under the VRA was flawed, and Congress seems unlikely to write a new formula before the 2014 elections. Texas Secretary of State John Steen immediately announced that his state’s voter photo identification law — which had been passed by the Texas legislature in 2011, but then barred by a federal judge using section 5 of the Voting Rights Act — will now be in effect.

National: U.S. States Tighten Voter Restrictions | Independent European Daily Express

Advocacy groups here are reacting with frustration as several southern U.S. states have moved to enact stricter voting requirements in the wake of a recent Supreme Court decision that rolled back key legislation that had safeguarded minority voters for decades. Following last week’s five-to-four Supreme Court decision overturning a key part of the Voting Rights Act, nine southern states with a history of discriminatory voting requirements are now able to change their election laws without approval from the federal government. Chief Justice John Roberts wrote the majority opinion, stating: “Our country has changed. While any racial discrimination in voting is too much, Congress must ensure that the legislation is passes to remedy that problem speaks to current conditions.” Yet just 48 hours after the decision, Texas, Mississippi, Alabama and South Carolina announced plans to push through together voting restrictions that critics are warning could disenfranchise minority voters.

National: Voting Rights Act Hands GOP Tough Questions | Fox News

Republicans face tough questions with no easy answers over how, and where, to attract voters even GOP leaders say the party needs to stay nationally competitive when the U.S. Supreme Court gutted the Voting Rights act last week. The decision caught Republicans between newfound state autonomy that conservatives covet and the law’s popularity among minority, young and poor voters who tend to align with Democrats. It’s those voters that Republicans are eyeing to expand and invigorate the GOP’s core of older, white Americans. National GOP Chairman Reince Priebus began that effort well before the court’s decision by promising, among other initiatives, to hire non-white party activists to engage directly with black and Latino voters. Yet state and national Republicans reacted to the Voting Rights Act decision with a flurry of activity and comments that may not fit neatly into the national party’s vision. In Washington, Republicans like House Majority Leader Eric Cantor of Virginia embraced the nuances of the ruling. The court didn’t actually strike down preclearance, instead tossing rules that determined which jurisdictions got oversight. Congress is free to rewrite those parameters and revive advance review.

National: Voting Rights Act Ruling Forces Justice Department Reassignments | Huffington Post