National

Attorney General Eric Holder announced Thursday the Justice Department is opening a new front in the battle for voting rights in response to a Supreme Court ruling that dealt a major setback to voter protections. In a speech to the Urban League in Philadelphia, the attorney general said the Justice Department is asking a federal court in San Antonio to require the state of Texas to obtain approval in advance before putting future voting changes in place. This requirement to obtain "pre-approval" from either the Justice Department or a federal court before making changes to voting laws is available when intentional voting discrimination is found. It is the department's first action to protect voting rights following the Supreme Court's decision on June 25, "but it will not be our last," Holder said in prepared remarks.

National: FEC rules that married gay couples have same rights as straight spouses | Washington Post

The Federal Election Commission said Thursday that legally married gay couples must be treated in the same manner as opposite-sex couples under election law, reversing its previous position in response to the Supreme Court’s ruling last month that struck down part of the Defense of Marriage Act. In light of the court’s decision, the election commission said that same-sex spouses can now make a single campaign contribution from a joint bank account if only one spouse has earned the income, as opposite-sex spouses are permitted to do. The commissioners also concluded that gay federal candidates who are legally married can use assets they jointly own with their spouses in their campaigns, and that same-sex spouses are considered family members of gay candidates for purposes of campaign finance rules.

National: Justice Department to take on states over voting rights | McClatchy

The Obama administration announced Thursday that it will legally contest a series of laws around the country as part of an aggressive campaign to fight a recent Supreme Court ruling that it says could reduce minority voting. The Justice Department filed its first challenge Thursday, asking a judge to require Texas to seek permission from the federal government before making voting changes because of the state’s history of discrimination. Several states in the South and Southwest could face similar lawsuits. “This is the department’s first action to protect voting rights following the (Supreme Court) decision, but it will not be our last,” Attorney General Eric Holder said at a National Urban League conference in Philadelphia on Thursday. “My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found.” Civil rights groups and African-American lawmakers welcomed the decision, as did the American Civil Liberties Union and the NAACP.

National: Justice Department to challenge states’ voting rights laws | The Washington Post

The Justice Department is preparing to take fresh legal action in a string of voting rights cases across the nation, U.S. officials said, part of a new attempt to blunt the impact of a Supreme Court ruling that the Obama administration has warned will imperil minority representation. The decision to challenge state officials marks an aggressive effort to continue policing voting rights issues and follows a ruling by the court last month that invalidated a critical part of the 1965 Voting Rights Act. The Justices threw out a part of the act that required certain states with a history of discrimination to be granted Justice Department or court approval before making voting law changes. In the coming weeks, Attorney General Eric H. Holder Jr. is expected to announce that the Justice Department is using other sections of the Voting Rights Act to bring lawsuits or take other legal action to prevent states from implementing certain laws, including requirements to present certain kinds of identification in order to vote. The department is also expected to try to force certain states to get approval, or “pre-clearance,” before they can change their election laws.

National: Voting rights challenge in Texas opens up new Obama-GOP fight | The Hill

Attorney General Eric Holder’s surprise decision to challenge Texas’s voting laws triggers a huge new fight between the federal government and Southern states dominated by the Republican Party. Legal experts said the decision to seek a court order requiring Texas to obtain federal clearance before changing its voting laws lays the groundwork for an aggressive push to restore as much federal oversight as possible over state voting laws. “I think they’re going to try this wherever they think they have a shot,” Richard Hasen, a law professor at the University of California, Irvine, who specializes in election law, said of the Justice Department. Holder’s move is in response to the Supreme Court’s decision last month to toss out a central part of the 1965 Voting Rights Act that determined which states required preclearance from the federal government before changing their voting laws.

National: Eric Holder Takes the Fight for Voting Rights to Texas | TIME.com

U.S. Attorney General Eric Holder strode onto the stage before the National Urban League on Thursday and announced his intention to take the fight for voting rights — both literally and figuratively — to Texas. The subsequent Republican sputterings and wistful Democratic musings fed the faithful in both parties. Republican leaders, firmly ensconced in power, scolded an intrusive federal government to the delight of the party’s conservative base, while Democrats saw Holder as a defender of the emerging Hispanic vote that would carry the party back to the promised land. But the announcement also gave sustenance to an army of lawyers engaged in what has become a never-ending legal battle over election laws and political map-making. Holder’s announcement was prompted by last month’s U.S. Supreme Court decision, which effectively removed a vital provision of the landmark 1965 Voting Rights Act (VRA). The provision had required 16 jurisdictions, including several former Confederate states like Texas, to seek pre-clearance from the U.S. Department of Justice (DOJ) before making changes to election laws and redistricting maps. The attorney general called the court’s reasoning in the Shelby County v. Holder case “flawed”, and with little chance that a divided Congress would address the issue, the administration pledged to seek other remedies. Holder announced he would revive legal battles made moot by the high court decision by turning to other provisions in the VRA that allow plaintiffs to present specific evidence of minority disenfranchisement to the courts as a step to pre-clearance.

National: Two FEC Nominees Receive Senate Hearing With Little Partisan Rancor | Huffington Post

July 25, 2013

Two nominees to the Federal Election Commission testified before the Senate Rules and Administration Committee on Wednesday in a short hearing that featured legalistic euphemisms and the invocation of "balls and strikes," but little partisan rancor. Ann Ravel, a Democrat and chair of the California Fair Political Practices Commission, and Lee Goodman, a Republican election lawyer, both assured the committee that, if confirmed, they would enforce election and campaign finance laws on the books and seek to improve transparency by updating the FEC's website. "I'm committed to enforcement of the act," Goodman said. "I will not call balls and strikes differently for each party." Ravel, noting the democratic principles her parents had instilled in her, said, "An important aspect of this job is to ensure that people participate in politics."

National: Congressional Black Caucus seeks improvements to voting law | The Hill

July 24, 2013

Members of the Congressional Black Caucus (CBC) are seeking to strengthen the Voting Rights Act by making it easier for judges to expand voter protections across the country in response to individual discrimination lawsuits. The effort goes beyond crafting a broad definition of which voters should get extra protection based on regional records of racial discrimination. The move is an indication that some Democrats are hoping to use last month’s Supreme Court decision scrapping the law’s Section 4 coverage formula as an opportunity to bolster other provisions of the landmark civil rights legislation that were left intact by the ruling. Specifically, the lawmakers are taking a close look at revising Section 3, which empowers the court to apply Section 5’s federal “preclearance” requirements to jurisdictions with a history of discriminating against minority voters.

National: A Parting Shot to Neuter the Federal Election Commission | Craig Holman/Huffington Post

July 24, 2013

It's old news that the Federal Election Commission (FEC) -- the agency charged with enforcing the nation's campaign finance laws -- is moribund by ideological stalemate. But on July 25, the Commission is expected to vote on a measure that would neuter even the staff's ability to get much done. The FEC is broken not because of its staff, a corps of professionals working hard in a futile effort to get the agency back on track. It is broken because of its management: the six commissioners (currently only five) who determine what the agency will and will not do. In an ideal world, the Commission is composed of three Democrats and three Republicans dedicated to enforcing the law who are appointed by the president and confirmed by the Senate. To ensure bipartisan fairness, official actions require a four-vote majority. In reality, the FEC is unable to do its job because a bloc of commissioners has been carefully selected to prevent four-vote decisions, thus effectively tying up the law. It is no secret that Senate Minority Leader Mitch McConnell (R-Ky.) has never met a campaign finance law he likes. While McConnell cannot convince Congress or the public to end limits and disclosure of money in politics, he has figured out that the campaign finance laws can be nullified by a hostile FEC. So McConnell selected three Republican commissioners -- Don McGahn, Caroline Hunter and Matthew Petersen -- who are marching in lockstep to prevent enforcement of the law.

National: IRS scrutinized some liberal groups | Politico

July 23, 2013

After a political group in Texas asked the IRS for a tax exemption last year, it got a lengthy, time-consuming list of questions — like a request for the minutes of all the board meetings since the group got started. And a California-based group got turned down completely in 2011, because the IRS concluded that it was set up “primarily for the benefit of a political party.” These two stories sound like they’d fit right into the raging IRS scandal over its treatment of conservative groups that applied for tax-exempt status. The only difference: these two groups — Progress Texas and Emerge America — were unabashedly liberal. POLITICO surveyed the liberal groups from an IRS list of advocacy organizations that were approved after the tougher examinations started. The review found some examples of liberal groups facing scrutiny similar to their conservative counterparts — they were asked for copies of web pages, actions alerts, and written materials from all of their events.

National: The Voting Rights Act: Hard-Won Gains, An Uncertain Future | NPR

July 22, 2013

Access to the polls has not always been assured for all Americans, and before the Voting Rights Act of 1965, many were subjected to so-called literacy tests and poll tax. The law was created to tackle such injustices, but in June, the Supreme Court struck a key provision of the legislation. Section 4 established a formula determining which states and localities had to get federal approval (known as pre-clearance) before changing their voting procedures. The provision applied to nine states, mainly in the South, with a history of voter discrimination. The court deemed it unconstitutional for relying on old data. It is now up to Congress to figure out where the Voting Rights Act goes from here. Both the House and Senate held hearings this past week.

National: Congress divided on voting rights fix | The Greenville News

July 22, 2013

The Voting Rights Act remains an effective tool for preventing discrimination against minority voters even after the Supreme Court threw out a key section last month, a key House Republican said Thursday. Democrats countered that the remaining provisions aren’t enough and said the one the court overturned needs to be replaced. That dispute played out before the House Judiciary Subcommittee on the Constitution and Civil Justice, the second congressional panel this week to discuss the Supreme Court’s June 25 decision in a historic case out of Shelby County, Ala. The court’s 5-4 decision ended the 48-year-old requirement that certain states with a history of discrimination at the polls — including Alabama and South Carolina — obtain “pre-clearance” from federal officials before making any changes to their election procedures.

National: Congress Gingerly Takes Up Voting Rights Legislation | National Law Journal

Congress kicked off an effort to restore the Voting Rights Act of 1965 with a series of Capitol Hill hearings this week, less than a month after the U.S. Supreme Court severely weakened the law by striking down a key anti-discrimination provision. No legislation has been proposed yet. But senators and a leading representative spoke during a Senate Judiciary Committee hearing on Wednesday about their appetite to fix the now-unconstitutional Section 4 formula, which set out when a state or local jurisdiction warrants special scrutiny before it can implement electoral changes. Representative Jim Sensenbrenner (R-Wis.), who led the House effort to reauthorize the VRA in 2006, testified that he is committed to crafting a constitutional response to the Shelby County v. Holder decision that “will last a long time.”

National: Congress weighs fixes to Voting Rights Act | McClatchy

Congress took the first step Wednesday toward trying to repair a vital section of the landmark 1965 Voting Rights Act, a month after the Supreme Court ruled the provision unconstitutional. In a packed hearing room, witnesses told the Senate Judiciary Committee that Congress needs to put partisanship aside and work together to come up with a solution to fix the Section 4 formula, a linchpin of the act. “A bipartisan Congress and Republican presidents worked to reauthorize this law four times,” Rep. John Lewis, D-Ga., a civil rights icon, told the Senate committee. “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. And we must do it on our watch, at this time.”

National: Voting Rights Act Will Be Restored, Lawmakers Vow | The Hill

Key lawmakers vowed Wednesday to ensure the full Voting Rights Act is restored to full strength, following the Supreme Court’s June decision to strike down part of the law. Rep. Jim Sensenbrenner of Wisconsin, the GOP negotiator of the law’s most recent reauthorization, testified before the Senate Judiciary Committee that the high court decision “severely weakened the protections both Republicans and Democrats fought hard to preserve” and that he already is working on a response to deal with the new gaps in the law. “The Voting Rights Act is the most successful of all civil rights acts in actually limiting discrimination. We cannot afford to lose it now,” the former House Judiciary chairman said. “I’m working to pass a constitutional response to the Shelby v. Holder decision.” In front of his Senate colleagues, however, Sensenbrenner conceded the challenges he faces in the GOP-controlled House. When he pushed to reauthorize the legislation in 2006, it was in part because he feared that when he surrendered his gavel to caucus-imposed term limits, his successor would not work to re-up the law. “Sometimes the difference between [the House] and the Senate is the difference between here and the moon,” Sensenbrenner said.

National: Some Republicans quietly cheer end of voting rights act | MSNBC

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