National: Growing backlash against ‘Citizens United’ | National Law Journal

Two years ago this month, the U.S. Supreme Court held that corporations have a First Amendment right to spend unlimited funds on campaign advertisements, provided that such spending is not formally "coordinated" with any candidate. Central to this conclusion was the majority's broad finding — unsupported by any evidence — that so-called "independent expenditures" pose no risk of political corruption. At the time, some lawyers and academics voiced their alarm. Now, the disastrous effects of this assumption are public knowledge, and — from Helena, Mont., to New York City — even unusual suspects are starting to rebel.

National: Kucinich Announces ‘Game Changing’ Constitutional Amendment to Publicly Finance Federal Elections | NationofChange

On the eve of the sec­ond an­niver­sary of the Supreme Court rul­ing known as Cit­i­zens United, which opened the flood­gate of un­lim­ited, shad­owy cor­po­rate spend­ing in pub­lic elec­tions, Con­gress­man Den­nis Kucinich (D-OH) has in­tro­duced H. J. Res. 100, a con­sti­tu­tional amend­ment to res­cue Amer­i­can democ­racy from cor­po­rate money’s cor­rupt­ing in­flu­ence.

National: Citizens United Fallout: Coalition Asks SEC To Order Corporate Disclosure Of Political Spending | Huffington Post

It used to be against the law for executives to spend funds from their massive corporate treasuries to directly influence elections. But two years ago this week, the Supreme Court declared such restrictions unconstitutional -- and short of a constitutional amendment, it's hard to get around that. The Court never said corporations should be able to spend all that money in secret, however. So on Thursday, a coalition of campaign reform and corporate transparency advocates called attention to their petition to persuade the Securities and Exchange Commission to require that corporations publicly disclose their political contributions.

National: The Influence Industry: Activist groups want to undo ruling that led to ‘super PAC’ frenzy | The Washington Post

Two years ago this week, the Supreme Court set the political world on its head by ruling that corporations could spend unlimited money on elections, rolling back decades of legal restrictions. An array of liberal-leaning activist groups are marking the anniversary by launching new efforts to overturn the decision, including calls for a potential constitutional amendment. The 5 to 4 decision in Citizens United v. Federal Election Commission effectively laid the groundwork for super PACs, the new independent groups that have overwhelmed the Republican presidential race with millions of dollars in negative advertising over the past few weeks.

National: More voters casting ballots early – early voting benefits campaigns with money, manpower | USAToday.com

When South Carolina voters cast their ballots in the Republican presidential primary Saturday, they'll have company. That same day, Florida Republicans can begin in-person voting for the state's Jan. 31 primary, joining more than 100,000 state residents who already have cast absentee ballots. As the votes are counted in Florida on Jan. 31, voters in Ohio and other states with primaries on March 6 — Super Tuesday because of its 10 GOP primaries and caucuses — will begin absentee voting. That week, voters can vote early in Arizona for its Feb. 28 primary. Later in February, polls will open for early voting in the March 6 Georgia and Tennessee primaries.

National: Did Citizens United Lead to Super PACs? Setting the Record Straight | Election Law Blog

Salon is out with an interview today with Floyd Abrams (noted First Amendment lawyer and campaign finance law opponent).  Abrams took the NY Times to task for blaming the $5 million Adelson contribution to Super PACs on Citizens United.  Abrams says it is Buckley v. Valeo, recognizing an individual’s right to spend money on elections, not Citizens United, which is responsible for the emergence of Super PACs. That’s not the whole story, and misses the relevance of Citizens United.

National: Is Citizens United just misunderstood? | Salon.com

This week marks the two-year anniversary of the Supreme Court’s ruling in the case of Citizens United v. Federal Election Commission, which struck down part of the 2002 McCain-Feingold election law. Never has the ruling been as salient as it is now in the national political discussion. The Occupy movement has taken aim at the decision, blaming it for allowing the “1 percent” to exercise unprecedented control over the political process. Meanwhile, the decision has been widely cited as paving the road for the super PACs that are dominating the Republican primary, now evenoutspending candidates’ official campaigns in South Carolina. All of which contributed to my interest in a letter sent to the New York Times this week by Floyd Abrams, a longtime First Amendment lawyer who represented Sen. Mitch McConnell in the Citizens United case and argued that part of the McCain-Feingold law was unconstitutional. Abrams has been involved in many landmark cases, notably representing the Times in the Pentagon Papers case in the early 1970s.

National: Super PACs: GOP rivals reap benefits of groups they claim to disdain | The Washington Post

To hear the Republican presidential candidates tell it, they’ve already lost control of their campaigns to outsiders. Mitt Romney and other hopefuls vying for the GOP nomination are complaining in unison about the dominant role being played by super PACs, new independent groups that are shifting the landscape of the 2012 elections with a torrent of negative and often inaccurate attack ads. Then again, this could all be so much bluster. Even as they complain about super PAC ads, the candidates seem happy to repeat the attacks that the ads contain — aiming to reap the political benefits from groups with no direct accountability to the public.

National: Voting Rights Center Stage At South Carolina Capitol MLK Rally | WSPA

The thousands who flocked to the South Carolina State House Monday to commemorate Dr. Martin Luther King Jr.’s legacy received a message that the fight for civil rights and voting equality is not relegated to history books. NAACP leaders said that the state’s new voter I.D. law, which requires all voters to show certain government-issued photo I.D., goes against King’s principles of equality because the state’s registered minority voters are 20 percent more likely to be without the right I.D. and thus unable to cast ballots. NAACP president Benjamin Jealous said the law, and ones like it in other states, are the “greatest attack on voting rights since segregation.”

National: Super PACs dominate Republican primary spending | Washington Post

South Carolina voters are being buried this week under an avalanche of combative and often nasty political commercials from super PACs, funded by a tiny group of super-rich donors with very particular interests in the state’s Republican presidential primary. Hedge-fund king John Paulson, who donated $1 million to a group backing former Massachusetts governor Mitt Romney, would very much like to see President Obama’s financial reforms repealed. The Marriott brothers, who also gave $1 million to a pro-Romney super PAC, have lobbied Washington for favorable tax and immigration policies through their hotel companies. And casino magnate Sheldon Adelson recently dashed off a $5 million check to a group backing former House speaker Newt Gingrich (Ga.), marking what may be the largest single political contribution in U.S. history. Adelson is well known for supporting hard-line policies favoring Israel while also advocating measures that would benefit the gambling industry.

National: Holder vows to protect voting rights at MLK event in South Carolina | CNN.com

Attorney General Eric Holder joined NAACP leaders on the steps of the South Carolina Statehouse in Columbia on Monday, with the Confederate flag fluttering overhead, to promise he will aggressively protect federal voting rights for minorities. NAACP National President Ben Jealous said he had chosen to be at the Columbia ceremonies honoring the Rev. Martin Luther King Jr., declaring South Carolina is "ground zero" in the battle for African-American voting rights.

National: Santorum defends support for restoring felons’ voting rights | Washington Times

Rick Santorum pushed back Monday morning against a series of ads being run against him on his record on earmarks, labor issues and a vote he took in 2002 that would have forced states to let felons’ voting rights be restored when they completed their sentences. Mr. Santorum, a former senator from Pennsylvania, is demanding the felon charge be stricken from an ad being run by a political group backing former Massachusetts Gov. Mitt Romney, one of his opponents in the Republican presidential primary. The ad says Mr. Santorum voted to “let convicted felons vote” — something the senator says is “explicitly false” because it implies, though it never says, that he wanted felons to be able to vote from jail.

National: King Day at the Dome: Voter ID on minds at rally | TheState.com

South Carolina’s controversial voter ID law will be in the spotlight today as U.S. Attorney General Eric Holder addresses a crowd of marchers honoring the life and work of the late Rev. Martin Luther King Jr. at the State House.
The state, since 2000, has commemorated the life of the civil rights leader with an NAACP-led march to the State House. This year’s King Day at the Dome, beginning with an 8:30 a.m. prayer service at Zion Baptist Church, also will feature NAACP president Benjamin Todd Jealous. South Carolina’s passage, and the U.S. Justice Department’s subsequent rejection of, a controversial voter ID law last year has sparked a rancorous political fight and put the state on a collision course with Washington over state and federal powers.The courts may ultimately resolve the standoff.

National: Santorum hits Romney over voting rights attack ads | The Hill

Rick Santorum engaged Mitt Romney in a testy exchange over what the former Pennsylvania senator believed was an unfair attack on his record towards felon voting rights, providing early fireworks at Monday's GOP debate. Santorum cited an ad by a pro-Romney Super-PAC that criticized him for voting in favor of a federal law that would reinstate voting records for felons who had completed their sentences and any required probation or parole. Citing that criticism, Santorum asked Romney if he believed "people who are felons who have served their time who've extended and exhausted their parole and probation, should they be given their right to vote?"

National: For King, the right to vote was sacred | CNN.com

Every third Monday in January we gather as Americans to commemorate the values and beliefs -- as well as the ultimate sacrifice -- of Dr. Martin Luther King, Jr. His tireless advocacy for civil rights, equal protection under the law, labor rights, and for the ultimate realization of our essential creed that we are "one nation, endowed by our Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness" is taught in every school in America, and is now enshrined in a memorial on the National Mall.
Dr. King believed so strongly not only in these values, but also in the moral imperative to heed the "fierce urgency of now." He knew that in the face of injustice no moral man or woman can stay silent -- and he paid for it with his life.

National: Stephen Colbert’s Super PAC: Testing the Limits of Citizens United | TIME.com

Stephen Colbert is laughing at the U.S. Supreme Court. He started Thursday night, on his show, when Colbert transferred control of his super PAC to his mentor, business partner and friend, Jon Stewart. It’s a great set piece of comedic theater underscored by a serious argument: Justice Anthony Kennedy, joined by a majority on the Supreme Court, issued a ruling in 2010 rewriting the nation’s campaign finance rules that is, on its face, pretty absurd. The argument is actually worth exploring in some detail. Since the 1970s, many lawyers and judges have argued quite reasonably that the the First Amendment’s right to free speech should permit anyone–an individual, a corporation or a union–to spend as much money as they want to influence elections. This argument posits that this sacred right to self-expression around elections simply trumps the danger that the large sums of money could corrupt the political process. It is a balancing test–the First Amendment on one side, the public interest in avoiding corruption on the other side–and reasonable people can reach different conclusions about where the fulcrum should be placed.

National: GOP makes run at corporate cash | Politico.com

“Campaign finance law has made a mockery of our political campaign season,” Romney told MSNBC morning host Joe Scarborough last month. “We really ought to let campaigns raise the money they need and just get rid of these super PACs.” To be sure, Romney has benefitted from millions of dollars in brutal ads from a supportive super PAC targeting his rival Newt Gingrich. And he supported the most significant of the 2010 federal court decisions that paved the way for the emergence of super PACs, in a case called Citizens United vs. FEC.

National: Views on Implementing Federal Elections on a Weekend | U.S. GAO Report

Read the GAO Report

For the 2010 general election, 35 states and the District provided voters at least one alternative to casting their ballot on Election Day through in-person early voting, no-excuse absentee voting, or voting by mail. Specifically, 33 states and the District provided in-person early voting, 29 states and the District provided no-excuse absentee voting, and 2 states provided voting by mail to all or most voters. Of the 9 states and the District where GAO conducted interviews, all but 2 states provided voters the option of in-person early voting in the 2010 general election, and 5 states and the District offered both early voting and no-excuse absentee voting. Implementation and characteristics of in-person early voting varied among the 7 states and, in some cases, among the jurisdictions within a state. For example, 5 states and the District required local jurisdictions to include at least one Saturday, and 2 states allowed for some jurisdiction discretion to include weekend days.

National: Vote on the weekend? Government study inconclusive | CBS News

The Government Accountability Office (GAO) has released the first major U.S. report on the costs and benefits associated with holding elections on weekends - though it said it could not "draw valid conclusions" about what impact moving elections to weekends would have on voter turnout. Under federal law passed in 1845, elections are held on the first Tuesday after the first Monday in November. Lawmakers chose Tuesday in order to give voters one travel day after the Sunday day of rest to get from their farms into town to vote. Critics say the practice of voting on Tuesdays is outdated and depresses turnout.

National: Partisan feud escalates over voter ID laws in South Carolina, other states | CSMonitor.com

The Obama administration's recent decision to block a new voter ID law in South Carolina is fueling one of the biggest partisan debates of the day: Do stronger state voter ID laws really curtail the minority franchise? States have been on a tear of late to enact tighter controls on voting, including in South Carolina. Last year, 34 approved or considered tougher voting regulations, in a bid to ensure that voters who show up at the polls on Election Day are who they say they are.

National: Internet picks presidential candidate if Ackerman gets his way | The News Journal

It’s just after 8 a.m. on Nov. 11, and Peter Ackerman is staring at red numbers flashing on an electronic board. He sees 2,008,069. "That’s 2 million Americans who have signed on to having another candidate on the presidential ballot,” he says, beaming, in the Manhattan offices of the marketing agency for Americans Elect, the group he’s backing with more than $5 million. Ackerman, 65, who made more than $300 million working alongside Michael Milken at Drexel Burnham Lambert Inc.’s Beverly Hills, California, offices in the 1980s, is Americans Elect’s chairman and top donor. He wants to circumvent U.S. politics-as-usual by letting voters choose a presidential candidate via the Internet who, with a running mate from a different political party, will appear on every state ballot for the 2012 election, Bloomberg Markets magazine reports in its February issue.

National: New super PAC breed pushed by group | Politico.com

Corporate- or union-sponsored political action committees should be free to raise and spend unlimited sums of money, a conservative nonprofit corporation tells the Federal Election Commission in a new advisory opinion request. In it, attorney Dan Backer asks the FEC to consider allowing PACs connected to corporations, unions and trade associations to create super PACs within their structure – effectively creating hybrid PACs.“

National: RNC Fights For Corporate Right To Give Money To Candidates And Party Committees | Huffington Post

In the latest GOP effort to accord corporations the same rights as people, the Republican National Committee wants to strike down the century-old ban against direct corporate contributions to candidates and party committees. The ban, part of a 1907 anti-corruption law that helped curb the influence of corporate robber barons, is one of the last bulwarks of campaign finance law left after the Supreme Court's Citizens United decision two years ago. Despite the explosion of so-called independent super PACs, which can collect unlimited contributions, corporations remain banned from making contributions directly to candidates or party committees.

National: Will Obama Issue an Order Exposing Big Corporate Political Spenders in Citizens United Era? | AlterNet

A executive order requiring that federal contractors disclose their electoral spending—by top officers and as corporations—is being reconsidered by the White House despite stiff opposition from the business lobby after it was first proposed last spring, according to civil rights attorneys working on the issue. “There’s a lot of movement at the White House,” said Craig Holman, government affairs lobbyist for Public Citizen. “I just had a meeting at the White House counsel’s office, trying to encourage them to move forward with the executive order. They have the perfect window of opportunity to get the executive order done.”

National: GOP: Corporate donation ban unconstitutional | Politico.com

The century-old ban on corporate donations to federal political campaigns should be junked as unconstitutional, the Republican National Committee argued in a legal brief filed Tuesday that could lead to new attacks on the GOP as beholden to corporate money. The GOP brief filed with a federal appeals court contends that the ban which became law back in 1908 violates the First Amendment in light of recent Supreme Court rulings, including the 2010 Citizens United decision which allowed unlimited donations to independent-expenditure groups.

National: McCain: Super PACs will result in scandal, corruption | CNN.com

Republican Sen. John McCain on Monday blasted the Supreme Court's 2010 ruling that eventually paved the way for the rise of super PACs, blaming it for the election cycle's increasing ad wars. "Now it's the system under which we operate, which leads to this kind of campaigning and will lead to corruption and scandals. I guarantee it." McCain said on CNN's "The Situation Room with Wolf Blitzer."

National: Ballot Secrecy Keeps Voting Technology at Bay | Scientific American

Voters in the recent Iowa caucuses and Tuesday's New Hampshire primary will rely on paper ballots as they have for generations. In the very next primary on January 21, South Carolinians will vote with backlit touch-screen computers. In an age of electronic banking and online college degrees, why hasn't the rest of the nation gone the way of the Palmetto State? The reason is simple and resonates with the contentious debate that has yet to be resolved after at least 15 years of wrangling over the issue of electronic voting. No one has yet figured out a straightforward method of ensuring that one of the most revered democratic institutions—in this case, electing a U.S. president—can be double checked for fraud, particularly when paperless e-voting systems are used.

National: Justices Wrestle With Texas Voting Rights Case | NYTimes.com

Several members of the Supreme Court appeared frustrated on Monday as they surveyed the available options and looming deadlines in a major voting rights case from Texas that could help decide control of the House. The case is a result of a population boom in Texas, which gained more than four million people in the last decade, about 65 percent of them Hispanic. The growth entitles the state to four additional Congressional seats.

The Texas Legislature, controlled by Republicans, enacted new electoral maps for both state houses the federal House of Representatives in May and June to take account of the growth in population, and Gov. Rick Perry signed them into law in July. Under Section 5 of the Voting Rights Act of 1965, though, the maps may not be used until they are approved, or “precleared,” by either the Justice Department or a special three-judge court in Washington. Texas officials chose to go to court, and they have so far not received clearance.

In the meantime, a second special three-judge federal court, this one in San Antonio, Tex., drew a competing set of electoral maps when Texas failed to obtain prompt federal clearance. The question for the Supreme Court justices is whether the court-drawn maps give enough deference to the Legislature’s choices. The answer may help determine whether the new districts elect Democrats or Republicans.

National: E-Voting Problems Cast Shadow on Elections | Mobiledia

An e-voting machine expected for use in the 2012 presidential election is experiencing anomalies, increasing scrutiny on the system's reliability as elections loom. The Electronic Assistance Commission's formal investigative report revealed the DS200 machine, used only in Ohio and Wisconsin, failed to record votes, logged in the wrong vote, and often froze up, jeopardizing voting accuracy. Testing protocol included powering off the machine between votes and inserting ballots at various angles.

The government group, which certifies electronic voting, reportedly won't decertify the machines because manufacturer, Electronic Systems & Software, said it fixed the issues.