Editorials: Votes Behind Bars | Pamela S. Karlan/Boston Review

Nearly half a century ago, Isaiah Berlin delivered an extraordinarily influential lecture called “Two Concepts of Liberty.” The negative concept consists in freedom from—“warding off interference” from external forces. By contrast, the positive concept consists in freedom to—to be “a doer—deciding, not being decided for.” Democracy requires both forms, but current constitutional doctrine adopts an unduly negative approach. This is especially the case when it comes to political voice. The Supreme Court has resisted attempts to constrain the political impact of money, most notoriously in Citizens United v. Federal Election Commission (2010). But just as telling is Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (2011), where the Court hobbled the states’ ability to construct public financing systems. Adjusting the funds available to candidates who accept public financing somehow burdens privately financed candidates’ freedom, according to the justices.

Editorials: Are Voter ID Laws Here to Stay? | ProPublica

Voter ID laws were one of the most contentious issues of the past election season. (Here is everything you need to know about the laws.) Proponents insisted IDs should be required at polling places in order to thwart fraud. But there has been little evidence of such fraud and Democrats argued that the laws were meant to suppress voters. The impact of the laws on this past election isn’t clear. But one thing is clear: There are still pushes for the laws in many states. So what happens next? We’ve rounded up the places that could see voter ID in future elections, the status of laws still pending and what effect, if any, this year’s pushback against voter ID will have going forward.

Pennsylvania: Legislative Step May Help Republicans Win Electoral Vote | Bloomberg

A Pennsylvania lawmaker’s plan to divvy up electoral votes based on a presidential candidate’s public support may be just the first of many state legislative moves to alter the way the nation chooses a leader. State Senate Majority Leader Dominic Pileggi, a Republican from Chester, wants to replace the winner-take-all system, which gave President Barack Obama Pennsylvania’s 20 electoral votes, with one that divides them to reflect the proportion of public support for each candidate. His method would have given 12 votes to Obama and eight to Republican Mitt Romney this year.

National: Long lines, glitches galore as America votes | NY Daily News

Long lines and glitches greeted voters at several places from Florida to Virginia as technologically advanced America began voting Tuesday to choose between President Barack Obama and challenger Mitt Romney. In scenes rarely witnessed back home in India, voters waited hours on end as lines stretched out the door of polling sites in Central Florida Tuesday, according to Orlando Sentinel. Long lines and some glitches were also reported at precincts in Virginia with power breakdowns briefly disrupting voting in at least three polling places in Eastern Henrico,

National: Scant evidence of voter suppression, fraud in states with ID laws | chicagotribune.com

Democratic claims that a large number of Americans could be prevented from voting because of photo identification laws are probably overstated based on evidence from Georgia and Indiana, the two states where the laws have been in place for multiple elections, Reuters found. Data and numerous interviews by Reuters reporters also suggest there is little evidence to bolster Republican assertions that ID laws are needed to combat rampant voter fraud.

Voting Blogs: Who Decides a Post-Election Dispute? | ElectionLaw@Moritz

This post highlights a chart containing information about who would decide a post-election challenge in each of the fifty states, broken down by type of election. To access the chart, click here. For a summary and further analysis, read on. Doomsday scenarios abound regarding an election that might last into extra innings. What will happen if, on the morning of Wednesday, November 7, we do not know who won the presidential election, or other races? More menacingly, what happens if post-election challenges last several weeks, beyond the routine provisional ballot and recount procedures?

Illinois: WBEZ answers what Chicago’s done to secure voting machines | WBEZ 91.5

Can we trust the machines that record our votes in local polling places? That’s the gist of the question that listener Ryan McIntyre submitted to Curious City. Like many people across the country, McIntyre is worried that election results could be manipulated by today’s electronic voting machines. Here’s how he phrased his question: “After watching the HBO documentary, ‘Hacking Democracy,’ I find using the electronic voting machines, usually by the corporation Diebold, very frivolous since they can so easily be tampered with. Entire elections can be manipulated, vote totals, everything. Before I make my vote I demand that I use the paper ballot. What is being done to eliminate these machines from use in the city of Chicago, a city known to be ravaged by dirty politics anyways? My question can include the entire state of Illinois, not just Chicago.” The simplest answer to McIntyre’s question is that elections officials in Chicago, suburban Cook County and other local jurisdictions are likely to stick with the machines they’re using now, at least for the foreseeable future. And for what it’s worth, Diebold, which is now called Premier Election Solutions, didn’t make any of the voting machines used anywhere in Illinois, according to a database maintained by The Verified Voting Foundation, a nonpartisan, nonprofit group based in California.

Editorials: A New Right to Vote? Voter Suppression and the Judicial Backlash | The New Yorker

Is there a clear constitutional right to vote in the United States? The answer, traditionally, has been no. That’s what Republican-dominated states were banking on when they moved, after the 2010 elections, to restrict the franchise. But their campaign has seen a legal backlash against those efforts—one that may end up establishing that there is a right to vote in the U.S. after all. Many people are surprised that the Constitution contains no affirmative statement of a right to vote. Several amendments phrase the right in a negative way: the right to vote shall not be denied “on account of race” (fifteenth amendment), “on account of sex” (nineteenth), or, as long as you’re eighteen, “on account of age” (twenty-sixth, which lowered the voting age from twenty-one). But within those broad strictures, the Constitution has long been read as leaving up to the states how to register voters, conduct elections, and count the votes.

Arizona: Supreme Court voter ID case may shape the future | UPI

The fight over whether states can demand some sort of identification before allowing voters to cast ballots has finally reached the U.S. Supreme Court as the justices agreed to hear argument on Arizona’s law requiring voters to show proof of U.S. citizenship before registering. In the heat of the final days of the U.S. presidential election the case is not drawing much attention. Any argument and decision in the case won’t come until long after Election Day. And the arguments advanced by both sides in the case may seem as dry as unbuttered toast to the average American. The battle probably appeals mainly to political activists or Supreme Court wonks. But an eventual Supreme Court decision will help shape the voting landscape of the future.

The Voting News Daily: Think the Florida Recount Was Bad? Just Wait Until November 6, Paper prophets: Why e-voting is on the decline in the United States

National: Think the Florida Recount Was Bad? Just Wait Until November 6 | The Atlantic The movie Unstoppable is playing this week on HBO, and it’s hard not to watch even just the trailers for the action-adventure film without seeing parallels to the coming election. Folks, we are just a little more than two weeks away from…

National: Effect of States’ Voter Laws Is Hard to Identify | WSJ.com

Voters in more than two dozen states next month will be asked to provide some form of identification before casting a ballot. How many Americans who would otherwise vote will be turned away or won’t turn up at all remains a hotly contested number. Some researchers have tried to count the number of voters affected, by surveying people about whether they have the required ID. This has produced a wide range of results, though, and some researchers question whether people whose IDs aren’t valid are aware of it, and whether they would rectify the situation if their state passed a tough ID law. Other researchers instead study actual effects of voter-ID laws on past turnouts. But the strictest forms of such laws—which require photographic identification and are studied most closely because they are thought likeliest to exclude the greatest number of people—took effect just before an exceptional presidential election that made it difficult to isolate their effect. As a result, such studies haven’t been able to convincingly demonstrate that these laws suppress turnout. “It’s so tricky to filter out unrelated factors, some of them unique to the election cycle, that may dissuade people from voting,” said Tim Vercellotti, a political scientist at Western New England University in Springfield, Mass.

National: Supreme Court Arizona voter ID case may shape the future | UPI.com

The fight over whether states can demand some sort of identification before allowing voters to cast ballots has finally reached the U.S. Supreme Court as the justices agreed to hear argument on Arizona’s law requiring voters to show proof of U.S. citizenship. In the heat of the final days of the U.S. presidential election the case is not drawing much attention. Any argument and decision in the case won’t come until long after Election Day. And the arguments advanced by both sides in the case may seem as dry as unbuttered toast to the average American. The battle probably appeals mainly to political activists or Supreme Court wonks. But an eventual Supreme Court decision will help shape the voting landscape of the future.

The Voting News Daily: Many Strict Election Laws Blocked or Delayed, Is True the Vote Shaking Down States With Nuisance Lawsuits?

National: Many Strict Election Laws Blocked or Delayed | Associated Press Tough new election laws aimed at forcing voters in many states to show photo identification at polling places have been blocked or delayed, delighting opponents who claim they were among a variety of partisan attempts to keep minorities from voting. Supporters of the measures nevertheless…

The Voting News Daily: Supreme Court to rule on voter proof of citizenship, Latinos and African Americans targeted by voter purges, lawsuit alleges

National: Supreme Court to rule on voter proof of citizenship | latimes.com The Supreme Court will weigh in on the controversy over voter fraud and decide whether Arizona can require residents to show proof of their citizenship before they register to vote. The justices voted to hear Arizona’s appeal of an anti-fraud provision that was struck…

The Voting News Daily: If the Supreme Court cuts early voting in Ohio, it could swing the state from Barack Obama to Mitt Romney, State voting-law cases test Supreme Court’s politics just ahead of Election Day

National: If the Supreme Court cuts early voting in Ohio, it could swing the state from Barack Obama to Mitt Romney | Slate Magazine The Supreme Court will soon decide whether to reverse a federal court ruling requiring the state of Ohio to let its counties decide whether to permit early voting during the weekend…

Editorials: Republican again nixes satellite voting sites in Marion County | The Desert Sun

For the fifth time in nearly three years, the Republican appointee on the Marion County Election Board used his veto power Friday to stop a plan to open satellite early voting sites. Early in-person balloting at the City-County Building has spiked 24 percent compared to the 2008 presidential election. Clerk Beth White, a Democrat, said the steady lines — sure to build in coming weeks — justified offering Northside and Southside sites later this month. First, Republican Patrick J. Dietrick applauded the efforts of White and her staff to handle the crowds. Then he voted no. “Satellite voting, conceptually, in our situation, is a solution in search of a problem,” Dietrick said after Friday’s meeting.

The Voting News Weekly: The Voting News Weekly October 8-14 2012

The Verge examined the security concerns surrounding internet voting. The potential for disruptive crowds of observers at some precincts has sparked fears that voters may be intimidated or harassed or have their eligibility to vote challenged directly. Federal courts have blocked voter ID laws in several States but legal battles are likely to continue after the November election. CBS Miami investigated the programming errors that marred a local Palm Beach election that raise fears of another meltdown next month. Security issues were uncovered in online registration systems in Maryland and Washington. Montana’s campaign donation restrictions were reinstated by a Federal appeals court. The dispute over early voting in Ohio has reached the Supreme Court and South Carolina’s Voter ID law has been put on hold until 2013.

National: Voter ID Foes’ Wins in Pennsylvania, Other States Could be Short Lived | Stateline

In recent months, courts have struck down voter identification laws in Pennsylvania, Wisconsin and Texas, heartening critics who feared the laws would turn away legitimate voters in November. But because the judges declined to reject the laws as unconstitutional, voter ID opponents may be winning battles but losing the broader war. The recent rulings have done little to alter the legal basis that has allowed comparable laws in Georgia and Indiana to stand for years. In Pennsylvania, for example, the judge ruled that state officials did not have enough time to implement the new voter ID law before Election Day. And a federal court ruled that Texas’s specific law would place a disproportionate burden on minority voters, but it left the door open for a different voter ID measure.

The Voting News Daily: Voter ID Foes’ Wins in Pennsylvania, Other States Could be Short Lived, Presidential campaigns target new citizen voters

National: Voter ID Foes’ Wins in Pennsylvania, Other States Could be Short Lived | Stateline In recent months, courts have struck down voter identification laws in Pennsylvania, Wisconsin and Texas, heartening critics who feared the laws would turn away legitimate voters in November. But because the judges declined to reject the laws as unconstitutional, voter…

Illinois: Voter fraud not a big problem in Illinois | qctimes.com

A new report is raising questions about Republican efforts to enact tougher voter identification laws in Illinois. According to News21, a national investigative reporting project funded by the Carnegie Corp. and the John S. and James L. Knight Foundation, of the 23 voter fraud cases logged in Illinois over the past 12 years, none has been related to someone impersonating someone else at the polls. “The ‘rampant’ voter fraud alarm has been exposed as a myth and a deliberate falsehood,” said Michael Del Galdo, a Berwyn attorney who specializes in legislative efforts to address election fraud. “Having no cases of voter impersonation fraud here in Illinois in 12 years speaks for itself regarding the scope of the ‘problem.’”

National: Voter ID Rules Fail Court Tests Across Country | NYTimes.com

A Pennsylvania judge on Tuesday blocked the key component of a highly contested state law requiring strict photographic identification to vote in next month’s election, saying the authorities had not done enough to ensure that voters had access to the new documents. The result, that Pennsylvanians will not have to present a state-approved ID to vote in November, was the latest and most significant in a series of legal victories for those opposed to laws that they charge would limit access to polls in this presidential election. With only a month left until Election Day, disputes around the country over new voter ID requirements, early voting, provisional ballots and registration drives are looking far less significant. “Every voter restriction that has been challenged this year has been either enjoined, blocked or weakened,” said Lawrence Norden of the Brennan Center for Justice, which is part of the New York University School of Law and opposes such restrictions. “It has been an extraordinary string of victories for those opposing these laws.”

The Voting News Daily: Voter registration fraud claims singe GOP, White House Hacked In Cyber Attack That Used Spear-Phishing To Crack Unclassified Network

National: Voter registration fraud claims singe GOP | CBS News Revelations that the Republican National Committee urged several states to hire a consulting firm that submitted potentially fraudulent voter registration forms in Florida are continuing to cause embarrassment to the Republican Party. RNC spokesman Sean Spicer said Thursday his group had cut ties to the firm,…

The Voting News Daily: Provisional ballots could be hanging chad of 2012, New voter ID laws could delay outcome of close election

National: Provisional ballots could be hanging chads of 2012 | KNOE New voting laws in key states could force a lot more voters to cast provisional ballots this election, delaying results in close races for days while election officials scrutinize ballots and campaigns wage legal battles over which ones should get counted. New laws in competitive…

National: Conservative Veterans of Voting Wars Cite Ballot Integrity to Justify Fight | Roll Call

Call them the voter fraud brain trust. A cadre of influential Washington, D.C., election lawyers has mobilized a sophisticated anti-fraud campaign built around lawsuits, white papers, Congressional testimony, speeches and even best-selling books. Less well-known than Indiana election lawyer James Bopp Jr., who’s made a national name for himself challenging the political money laws, conservative veterans of voting wars such as Hans von Spakovsky and J. Christian Adams nonetheless play a role similar to Bopp’s in their behind-the-scenes fight to protect ballot integrity. Both former Justice Department officials, von Spakovsky and Adams have worked alongside such anti-fraud activists as Thomas Fitton, president of Judicial Watch, and Catherine Engelbrecht, president of the tea party group True the Vote.

South Carolina: Voter ID gets judges’ scrutiny | The Associated Press

Recognizing this year’s elections are just a few weeks away, a panel of three federal judges questioned on Monday whether South Carolina should wait until 2014 to put its voter identification law into effect. The judges raised the question as an attorney for South Carolina delivered closing arguments in the trial over whether the state’s law discriminates against minorities. Last December, the Justice Department refused to “preclear” — find it complies with the Voting Rights Act — the law so it could go into effect. A decision in the case is expected in early October.

The Voting News Daily: The Abandonment of the Election Assistance Commission, Appeals court overturns political donor disclosure ruling

National: The Abandonment of the Election Assistance Commission | Steny Hoyer/Huffington Post While the embarrassing debacle of the 2000 election may seem like a distant memory to some, the unfortunate reality is an encore may be on our doorstep. The Election Assistance Commission was created by the bipartisan Help America Vote Act of 2002 in order…

National: Conservative Groups Focus on Registration in Swing States | NYTimes.com

It might as well be Harry Potter’s invisible Knight Bus, because no one can prove it exists. Teresa Sharp’s right to vote, as well as her family’s, was challenged by the Ohio Voter Integrity Project, which later apologized. The bus has been repeatedly cited by True the Vote, a national group focused on voter fraud. Catherine Engelbrecht, the group’s leader, told a gathering in July about buses carrying dozens of voters showing up at polling places during the recent Wisconsin recall election. “Magically, all of them needed to register and vote at the same time,” Ms. Engelbrecht said. “Do you think maybe they registered falsely under false pretenses? Probably so.” Weeks later, another True the Vote representative told a meeting of conservative women about a bus seen at a San Diego polling place in 2010 offloading people “who did not appear to be from this country.” Officials in both San Diego and Wisconsin said they had no evidence that the buses were real. “It’s so stealthy that no one is ever able to get a picture and no one is able to get a license plate,” said Reid Magney, a spokesman for the Wisconsin agency that oversees elections. In some versions the bus is from an Indian reservation; in others it is full of voters from Chicago or Detroit. “Pick your minority group,” he said.