The Voting News Weekly: The Voting News Weekly September 3-9 2012

While the debate over voter ID requirements in many states continued this week, the Defense Department Inspector General found that many military installations lack offices where soldiers can register to vote. Two and half months before the November election, outside spending has already exceeded the record total from 2008. The Department of Justice accepted Florida’s early voting plan for five counties covered by the Voting Rights Act. A Federal Court has reinstated Nevada’s “none of the above” option and Ohio Secretary of State Jon Husted has rescinded a directive that had blocked county boards from setting in-person early voting hours on the weekend prior to Election Day. The Fifth Circuit Court granted a stay of a decision that had barred enforcement of a Texas that placed restrictions on voter registration drives and today’s election in Hong Kong marks a step toward universal suffrage in the former British colony.

National: Voter ID Wars | NYTimes.com

If you’ve only got 30 seconds to make your case in the debate over photo ID laws — which require voters to show up at the polls with a government-issued photo ID — it’s much easier to argue in favor of the laws.“You need a photo ID to get on an airplane or rent a movie from Blockbuster. Get over it!” While investigating voting in America for the documentary film “Electoral Dysfunction,” I heard versions of this line over and over from the laws’ backers. The message is clear: “If you’re too lazy to get a government-issued photo ID, then you probably don’t deserve to vote. And please, let’s not forget 9/11.” (The airplane reference is a handy conversation-stopper.) But voting rights are worth at least 60 seconds of our attention. So here’s why these laws hurt more than they help: The only crime these laws address is voter impersonation — someone showing up at the polls and claiming to be someone else in order to cast a fraudulent vote. (I know, sounds almost delightfully madcap.)

Editorials: Texas Voter ID Misstep | Alberto Gonzales/Fox News

As widely reported, last week a federal court rejected a Texas law that would require voters to present photo identification to election officials before being allowed to vote. This decision comes on the heels of another federal court decision that found the Republican-controlled Texas legislature had intentionally discriminated against Hispanics in drawing new legislative districts. The Texas voter ID law was signed into law last year. However, the law has never gone into effect because Texas is a covered jurisdiction under Section 5 of the Voting Rights Act of 1965, and must receive either administrative preclearance from the Department of Justice or judicial preclearance from a federal court that a proposed change in its election laws (such as a requirement to present a photo ID) will not have the effect of diminishing minority voters’ rights, and was not enacted with a specific intent to discriminate against such voters.  The Justice Department earlier objected to the new Texas law concluding it would have a disparate negative impact on minority voters. The court last week reached a similar conclusion that the legislation would impose unlawful burdens on poor minority voters.

The Voting News Daily: Defense Department inspector General questions military voting, A Ballot Box Tactic With Deep Historical Roots

National: Defense Department inspector General questions military voting | Politico.com Many military installations across the globe lack offices where troops can register to vote and obtain absentee ballots, the Defense Department’s inspector general concludes in a newly released report. Investigators attempted to contact 229 voting-assistance offices and were able to reach just 114 — about 50 percent. Under…

Texas: Data Issues in Texas Voter ID Case Highlight Coming Battle Over Voting Rights Act | Election Academy

Last Thursday, a three-judge federal court in Washington, DC refused to clear Texas’ new voter ID law under Section 5 of the Voting Rights Act (VRA). The decision sets up an appeal to the U.S. Supreme Court – though likely not before the 2012 election – during which the constitutionality of Section 5 of the VRA is certain to come under challenge. The constitutional argument about the VRA has many facets, but the Texas case’s treatment of data about voter ID is as good an example as any of why the Act – and in particular, Section 5 – is generating so much heat lately. We’ve covered the data issues involved in voter ID many times on this blog – and both sides in the Texas case did the same. For its part, Texas produced an expert who submitted testimony suggesting that 1) a comparison with voting rates in Indiana and Georgia showed that Texas voters (especially minority voters) would not be prevented from voting because of ID and 2) minority voters possess ID at the same rates as all voters. The Justice Department countered with an expert who used matching data to determine that minority voters were more likely to lack the required ID to vote.

Wisconsin: Future of Wisconsin voter ID law could hinge on Texas case | WTAQ

The future of Wisconsin’s photo ID law for voting could hinge on a case from Texas that’s headed to the U.S. Supreme Court. Thursday, a three-judge federal court panel in Washington threw out the Texas voter ID law that Republicans passed a year ago. The judges said the law imposes, “strict, unforgiving burdens on the poor.” And the court said minorities would be hurt the most, because they’re more likely to live in poverty. Appellate judge David Tatel said the Texas law imposes a heavier burden on voters than similar laws in Indiana and Georgia, because many voters would have to pay for documents they need to get the proper ID’s.

Voting Blogs: Pennsylvania Refuses to Comply with U.S. Dept. of Justice Photo ID Document Request | Brad Blog

Pennsylvania has refused to turn over documents that the U.S. Department of Justice (DoJ) had sought in order to determine whether the state’s new polling place Photo ID restriction law is in violation of Section 2 of the Voting Rights Act (VRA) and other federal laws. As previously reported by The BRAD BLOG, on July 23, Assistant Attorney General Thomas E. Perez submitted afour-page letter [PDF] to Carol Aichele, the Acting Secretary of the Commonwealth of Pennsylvania (coincidentally, the wife of Gov. Tom Corbett’s Chief of Staff), requesting information in electronic format for 16 broad categories of documents that the DoJ felt were needed to evaluate whether the Keystone State’s Photo ID law complied with federal laws barring discriminatory election laws. In an Aug. 17 letter [PDF], the Commonwealth’s General Counsel, James D. Schultz, responded to Perez, by telling him that PA would not comply with what Schultz described as an “unprecedented attempt to compel [PA], a state not within the purview Section 5 of the VRA, to present information concerning compliance with Section 2 of the VRA.”

National: Flurry of Voter ID laws tied to conservative group ALEC | Open Channel

A growing number of conservative Republican state legislators worked fervently during the past two years to enact laws requiring voters to show photo identification at the polls. Lawmakers proposed 62 photo ID bills in 37 states in the 2011 and 2012 sessions, with multiple bills introduced in some states. Ten states have passed strict photo ID laws since 2008, though several may not be in effect in November because of legal challenges. A News21 analysis found that more than half of the 62 bills were sponsored by members or conference attendees of the American Legislative Exchange Council (ALEC), a Washington, D.C., tax-exempt organization. ALEC has nearly 2,000 state legislator members who pay $100 in dues every two years. Most of ALEC’s money comes from nonprofits and corporations — from AT&T to Bank of America to Chevron to eBay — which pay thousands of dollars in dues each year. “I very rarely see a single issue taken up by as many states in such a short period of time as with voter ID,” said Jennie Bowser, senior election policy analyst at the National Conference of State Legislatures, a bipartisan organization that compiles information about state laws. “It’s been a pretty remarkable spread.”

Pennsylvania: Testy defense: If the state’s voter ID law is fair, what’s the worry? | Pittsburgh Post-Gazette

The Corbett administration must subscribe to the theory that a strong offense is the best defense. Its response to a request from the U.S. Justice Department for information concerning Pennsylvania’s compliance with the Voting Rights Act starts out with sarcasm and goes on to accuse its Civil Rights Division of engaging in a political stunt. This from a Republican administration that oversaw the passage of a new voter identification law that could keep an untold number of citizens from exercising their right to cast ballots in the upcoming presidential election. By the Corbett administration’s various tellings, the voter ID law will negatively impact a scant 1 percent of the state’s eligible voters (says the governor’s office) and nearly 759,000 registered voters lack appropriate ID from the state Department of Transportation (says the secretary of the commonwealth who oversees the election department). That discrepancy alone justifies the interest of the Civil Rights Division, which sought, among other items, records supporting those assertions, along with the complete state voter registry and PennDOT’s lists of licensed drivers and those holding PennDOT-issued non-driver ID cards.

New York: State now allows online voter registration through DMV | WSJ.com

New York is joining 13 other states that allow voters to register online in an effort to improve voter turnout and save money. The initiative announced Thursday also expands opportunities for voters to register in languages other than English. In addition, voters will be able to update their addresses and party enrollments online. Ten states have had online voting dating back to 2001: Arizona, Colorado, Indiana, Kansas, Louisiana, Maryland, Nevada, Oregon, Utah, and Washington. California, Connecticut and South Caroline have passed laws, but haven’t started online registration yet. Arizona reports more than 70 percent of voter registrations are done online since the state made the move in 2003, according to the National Conference of State Legislatures. Arizona’s registrations claimed 9.5 percent from 2002 to 2004, while saving money on staff and paper registrations and increasing accuracy, the national conference said.

National: Will new photo ID laws keep down the black vote in the South? | Open Channel

Raymond Rutherford has voted for decades. But this year, he doesn’t know if he’ll be able to cast a ballot. The Sumter, S.C., resident, 59, has never had a government-issued photo ID because a midwife’s error listed him as Ramon Croskey on his birth certificate. It’s wrong on his Social Security card, too. Rutherford has tried to find the time and money to correct his birth certificate as he waits to see if the photo voter ID law is upheld by a three-judge U.S. District Court panel, scheduled to convene in Washington, D.C., in late September. In June, South Carolina officials indicated in federal court filings that they will quickly implement the law before the November election if it is upheld. Voters without photo ID by November would be able to sign an affidavit explaining why they could not get an ID in time. An estimated 81,983 voters in South Carolina do not possess a government-issued photo ID, mainly because of missing or inaccurate personal documents. These are mostly elderly, black longtime residents.

Pennsylvania: Many states’ voter-ID laws, including Pennsylvania’s, appear to have tie to same U.S. group | Philadelphia Inquirer

A growing number of conservative Republican state legislators worked fervently during the last two years to enact laws requiring voters to show photo identification at the polls. Lawmakers proposed 62 photo-ID bills in 37 states in the 2011 and 2012 sessions, with multiple bills introduced in some states, including two by Democrats in Rhode Island. Ten states have passed strict photo-ID laws since 2008, though several face legal challenges. A News21 analysis found that more than half of the 62 bills were sponsored by members or conference attendees of the American Legislative Exchange Council (ALEC), a Washington-based, tax-exempt organization. Pennsylvania’s law, which is counted among that group, was sponsored by Republican State Rep. Daryl Metcalfe, an ALEC member. The law has been challenged in court and a decision is expected this week.

The Voting News Daily: Voter fraud found to be rare, survey indicates, New voting rules make getting Latinos to polls harder than ever

National: Voter fraud found to be rare, survey indicates | KansasCity.com A new nationwide analysis of more than 2,000 cases of alleged election fraud over the past dozen years shows that in-person voter impersonation on Election Day, which has prompted 37 state legislatures to enact or consider tougher voter ID laws, was virtually nonexistent. The analysis…

National: Early Voting in 2012: What to Expect | Huffington Post

Early voting in recent American elections has skyrocketed, reaching a record thirty percent of all votes cast in the 2008 presidential election, remarkably higher than the twenty percent cast in 2004. All indications are the record will be shattered again in 2012, with somewhere around thirty-five of the vote cast prior to Election Day. States vary their early voting options. Some states like Indiana and Texas allow persons to vote early at special polling locations. Some like Oregon and Washington, and some local jurisdictions, run all-mail ballot elections. Some like California and Colorado allow persons to request that they vote by mail in all future elections. Some like Ohio allow persons to request a mail ballot for any reason. Then there are a handful of holdouts like Pennsylvania and Virginia have traditional absentee balloting laws that extend early voting only to those who provide a valid excuse. Complicating definitions is that some states like Florida and North Carolina allow both early voting at special polling locations and no-fault absentee balloting. And where mail balloting is the primary method of early voting, voters can vote in-person at an election administration office. (I recommend seeking up-to-date voting information from state and local election officials.)

Pennsylvania: Voting law experts keep close eye on Pennsylvania | Pittsburgh Post-Gazette

As the U.S. Department of Justice investigates the new Pennsylvania voter ID requirement for discrimination against minorities, election law experts say a legal challenge could require the courts to navigate undeveloped areas of federal voting rights law. The commonwealth was preparing to defend the Voter ID Law in state court last month when the Justice Department’s top civil rights lawyer wrote to announce a review for compliance with the Voting Rights Act, the 1965 legislation that prohibited literacy tests at the polls and strengthened the federal government’s ability to enforce the voting guarantee of the 15th Amendment. While the department has blocked the enforcement of voter identification laws in Texas and South Carolina, those states fall under a part of the Voting Rights Act requiring Justice Department or court approval for election law changes in places with a history of discrimination.

Ohio: Commission: Only Ohio Distinguishes Military, Civilian Early Voters | BuzzFeed

Despite claims that Democrats’ challenge to an Ohio voting law would undermine military voters’ rights everywhere, no other states offer soldiers’ the special status afforded in Ohio. A report issued Aug. 1 by the nonpartisan Ohio Legislative Service Commission found that no other states have any legal provision that has one early in-person voting deadline for most voters and another for service members, as does the Ohio law being challenged by the Obama campaign and defended by Ohio Republicans and some fraternal military organizations. The report, which has not been released publicly, was obtained by BuzzFeed and has been published here for the first time. The report does note that two states — Indiana and North Carolina — have exceptions in their laws that would allow a very narrow subset of service members to vote early in-person later than other voters. The Obama campaign’s lawsuit in Ohio, in which it is joined by the Democratic National Committee and the Ohio Democratic Party, is about early voting. The specific laws being challenged, however, relate only to in-person early voting and not to traditional mail-in absentee voting, which clearly cuts down on the number of affected active service members. Ohio law, as it is slated to be run in this year’s presidential election, contains one end-point for early in-person voting for most voters (the Friday before the election) and another for those service members and their family voting under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

Pennsylvania: Outcome of ID-law challenge hard to predict | Philadelphia Inquirer

In 2008, the U.S. Supreme Court in a widely cited opinion said states could require voters to show photo identification at the polls to guard against fraud. But that decision was not the last word on voter ID. In Wisconsin, two judges recently issued injunctions against that state’s voter ID law, saying it presented real hurdles to casting a ballot. Missouri’s state Supreme Court struck down the photo ID requirement there. Now the state has a weaker ID law that allows voters to submit utility bills, bank statements, and other documents as identification, without a photo.

The Voting News Weekly: The Voting News Weekly July 30 – August 5 2012

As we approach the November elections, The US Election Assistance Commission remains without a single commissioner. The New York Times considers the role of hyper-partisanship in delaying improvements to voting systems. Constitution Daily considers whether the conflict of Voter ID laws could lead to a constitutional Crisis. The Nation takes a Cartesian look at Voter ID. The Department of Justice has taken steps to block the resumption of Florida’s voter purge. An effort to extend early voting opportunities for all voters has been used as partisan attack in Ohio. After a week of testimony, Pennsylvania expected a decision on the fate of its new Voter ID law in mid August and Romanian President Traian Basescu has survived an impeachment referendum because turnout did not reach the required 50% threshold.

National: Partisan Rifts Hinder Efforts to Improve U.S. Voting System | NYTimes.com

Twelve years after a too-close-to-call presidential contest imploded in a hail of Florida punch card ballots and a bitter 5-to-4 Supreme Court ruling for George W. Bush, the country’s voting systems remain as deeply flawed as ever with any prospect of fixing them mired in increasing levels of partisanship. The most recent high-profile fights have been about voter identification requirements and whether they are aimed at stopping fraud or keeping minority group members and the poor from voting. But there are worse problems with voter registration, ballot design, absentee voting and electoral administration. In Ohio, the recommendations of a bipartisan commission on ways to reduce the large number of provisional ballots and long lines at polling stations in 2008 have come to naught after a Republican takeover of both houses of the legislature in 2010. In New York, a redesign of ballots that had been widely considered hard to read and understand was passed by the State Assembly this year. But a partisan dispute in the Senate on other related steps led to paralysis. And states have consistently failed to fix a wide range of electoral flaws identified by a bipartisan commission led by former President Jimmy Carter and former Secretary of State James A. Baker III in 2005. In Florida, for example, the commission found 140,000 voters who had also registered in four other states — some 46,000 of them in New York City alone. When 1,700 of them registered for absentee ballots in the other state, no one investigated. Some 60,000 voters were also simultaneously registered in North and South Carolina.

The Voting News Daily: Voting Tech Errors Could Be a Deal Breaker in Swing States, Killing a Fly With a Bazooka – Voting Rights, Voter Suppression and 2012

National: Voting Tech Errors Could Be a Deal Breaker in Swing States, Report Says | GovTech As with any technology, electronic voting machines run the risk of malfunctioning. However, with the upcoming November presidential election, states may want a plan B if a worst-case scenario occurs on Election Day, like if a machine fails to…

The Voting News Daily: Study finds only 5 states very well-prepared to handle voting machine errors, Embattled postal service faces challenge on Election Day

National: Voting Machine Report: States Ranked Based On Use Of Paper Ballots | Huffington Post Six states received the lowest grades for their abilities to accurately count election results based on their lack of access to paper ballots, according to a report released Wednesday by Common Cause, Rutgers Law School and the Verified Voting Foundation. The report…

National: Voting Machine Report: States Ranked Based On Use Of Paper Ballots | Huffington Post

Six states received the lowest grades for their abilities to accurately count election results based on their lack of access to paper ballots, according to a report released Wednesday by Common Cause, Rutgers Law School and the Verified Voting Foundation. The report — which studied election technology and administration in the 50 states and the District of Columbia — calls primarily for states to implement paper ballots in all counties in order to guard against system failures and other issues. The grading centered primarily on whether the state had paper trails in place. “The biggest problem is if those machines malfunction, there is no way to independently check,” Susannah Goodman, director of the voting integrity project at Common Cause said in a conference call with reporters. “What was the voters’ intent? You can’t do an audit.” The report showed that Minnesota, New Hampshire, Ohio, Vermont and Wisconsin were best when it came to catching voting problems, while Colorado, Delaware, Kansas, Louisiana, Mississippi and South Carolina ranked at the bottom of the list. States were graded on whether their machines leave a paper trail, whether an audit is done of ballots, whether election officials check the vote count against the amount of voters who come to the polls, whether there are contingency plans in place in case of machine failure, and whether voting-by-mail is encouraged over online voting for military and overseas voters. Failure in the paper ballot category led to failure for states in the audit category, given the need for paper ballots to conduct the audit. “For states that don’t have paper ballots or records, it knocks them down,” Goodman said.

Editorials: Voter ID law could backfire on GOP | Emily Bazelon/Newsday

Pennsylvania’s voter ID law goes on trial this week. The first thing this challenge to the state’s law has going for it are the real people who will testify about why it means they can’t vote. The second thing is the Pennsylvania constitution. And the third is the utter lack of legitimate justification for the burdens the law imposes. This law should go down, and now, before it can cause problems in November. But if you’re a Democrat worried that the law — which requires voters to show an approved form of photo ID at the polls — is going to cost President Barack Obama the election, there’s a possible silver lining. The number of voters affected may not be as huge, or as overwhelmingly Democratic, as it seems. Let’s start with the trial. The Talking Points Memo website and The New York Times have introduced us to 93-year-old Viviette Applewhite and 60-year-old Wilola Shinholster Lee. Applewhite has never had a driver’s license, lost her Social Security card when her purse was stolen, and can’t easily get a new one because she has changed her name twice to marry. Lee — who was born in Georgia but has lived in Pennsylvania since she was 5 years old — lost her birth certificate in a house fire and she can’t get another one. (According to the state of Georgia, her original birth certificate was lost in a fire there, too.)

Editorials: Pennsylvania’s voter ID law: Bad for both parties? | Slate Magazine

Pennsylvania’s voter ID law goes on trial today. The first thing this challenge to the state’s law has going for it are the real people who will testify about why it means they can’t vote. The second thing is the Pennsylvania constitution. And the third is the utter lack of legitimate justification for the burdens the law imposes. This law should go down, and now, before it can cause problems in November. But if you’re a Democrat worried that the law—which requires voters to show an approved form of photo ID at the polls—is going to cost President Obama the election, there’s a possible silver lining here. The number of voters affected may not be as huge, or as overwhelmingly Democratic, as it seems. Let’s start with the trial. Talking Points Memo and the New York Times have introduced us to 93-year-old Viviette Applewhite and 60-year-old Wilola Shinholster Lee. Applewhite has never had a driver’s license, lost her Social Security card when her purse was stolen, and can’t easily get a new one because she has changed her name twice to marry. Lee—who was born in Georgia but has lived in Pennsylvania since she was 5 years old—lost her birth certificate in a house fire and she can’t get another one. (According to the state of Georgia, her original birth certificate was lost in a fire there, too.) Thanks to smart P.R. by the ACLU and the Public Interest Law Center of Philadelphia, which represent the plaintiffs, you canread or see these women and other affected voters.

Editorials: GOP’s voter ID tactics could undermine a Romney win | Harold Meyerson/The Washington Post

Suppose Mitt Romney ekes out a victory in November by a margin smaller than the number of young and minority voters who couldn’t cast ballots because the photo-identification laws enacted by Republican governors and legislators kept them from the polls. What should Democrats do then? What would Republicans do? And how would other nations respond? As suppositions go, this one isn’t actually far-fetched. No one in the Romney camp expects a blowout; if he does prevail, every poll suggests it will be by the skin of his teeth. Numerous states under Republican control have passed strict voter identification laws. Pennsylvania, Texas, Indiana, Kansas, Tennessee and Georgia require specific kinds of ID; the laws in Michigan, Florida, South Dakota, Idaho and Louisiana are only slightly more flexible. Wisconsin’s law was struck down by a state court. Instances of voter fraud are almost nonexistent, but the right-wing media’s harping on the issue has given Republican politicians cover to push these laws through statehouse after statehouse. The laws’ intent, however, is entirely political: By creating restrictions that disproportionately impact minorities, they’re supposed to bolster Republican prospects. Ticking off Republican achievements in Pennsylvania’s House of Representatives, their legislative leader, Mike Turzai, extolled in a talk last month that “voter ID . . . is gonna allow Governor Romney to win the state of Pennsylvania.” How could Turzai be so sure?

Pennsylvania: Justice Department investigating voter ID law | Politico.com

The Justice Department is investigating Pennsylvania’s new voter identification law, a letter sent to the state government Monday indicates. The letter from Assistant Attorney General Tom Perez seeks a variety of records related to the implementation of the voter ID, which was passed in March and is set to take effect before the November election. Among the items Perez is requesting are databases of Pennsylvania voters and holders of drivers’ licenses and similar state IDs. It’s not clear precisely what triggered the letter but it refers to an estimate Secretary of State Carol Aichele issued earlier this month indicating that 9.2 percent of the state’s 8.2 million voters don’t have a state-issued photo ID. However, a state-issued ID is not the only form of acceptable voting ID, which includes passports, military ID and some student IDs.