Editorials: Money Unlimited: How John Roberts Orchestrated Citizens United | Jeffrey Toobin/The New Yorker

When Citizens United v. Federal Election Commission was first argued before the Supreme Court, on March 24, 2009, it seemed like a case of modest importance. The issue before the Justices was a narrow one. The McCain-Feingold campaign-finance law prohibited corporations from running television commercials for or against Presidential candidates for thirty days before primaries. During that period, Citizens United, a nonprofit corporation, had wanted to run a documentary, as a cable video on demand, called “Hillary: The Movie,” which was critical of Hillary Clinton. The F.E.C. had prohibited the broadcast under McCain-Feingold, and Citizens United had challenged the decision. There did not seem to be a lot riding on the outcome. After all, how many nonprofits wanted to run documentaries about Presidential candidates, using relatively obscure technologies, just before elections? Chief Justice John G. Roberts, Jr., summoned Theodore B. Olson, the lawyer for Citizens United, to the podium. Roberts’s voice bears a flat-vowelled trace of his origins, in Indiana. Unlike his predecessor, William Rehnquist, Roberts rarely shows irritation or frustration on the bench. A well-mannered Midwesterner, he invariably lets one of his colleagues ask the first questions.

The Voting News Daily: Voting News Daily 4/16: Public Access to Election Databases, Scytl vote count controversy

Blogs: Outside Looking In? Public Access to Election Databases | Election Academy The Indianapolis Star recently ran an editorial calling on the Marion County Election Board to give access to five “unslated” (i.e., non party endorsed) candidates running in the Hoosier State’s May 8 primary. Here’s the crux of the issue, from the editorial: The unslated candidates…

Voting Blogs: Outside Looking In? Public Access to Election Databases | Election Academy

The Indianapolis Star recently ran an editorial calling on the Marion County Election Board to give access to five “unslated” (i.e., non party endorsed) candidates running in the Hoosier State’s May 8 primary.

Here’s the crux of the issue, from the editorial:

The unslated candidates point out that the database is a public record compiled at taxpayer expense. The state Public Access Counselor has informally sided with them, but has advised that the Marion County Election Board adopt a policy ordering the registration board to act.In a special meeting last week, County Clerk Beth White moved to do so. Neither of her fellow election board members offered a second. Patrick Dietrick and Mark Sullivan both are party appointees; but each said he needed to know more about the cost and complexity of releasing the data, as well as the privacy implications.

The Voting News Weekly: The Voting News Weekly April 9-15 2012

Disputed Vote Tally in Oklahoma

Former FEC commissioner Trevor Potter explained misunderstandings about SuperPACS in a Washington Post editorial. Ballot shortages in a local election in Alaska have led to protests and an investigation, while the importance of every vote was highlighted in a razor-thin special election for the Oklahoma House. Rick Hasen commented on the marathon of elections in Wisconsin that will culminate in the June 5 recall election for Governor. Virginia Governor Robert McDonnell angered some in his own party by offering a series of amendments that rendered the State’s new voter id legislation moot. A recent District Court decision and the anticipated inaction by a deadlocked FEC have left political players uncertain about disclosure requirements. TechPinions considered the security concerns that stand in the way of a trustworthy internet voting system and Janai Nelson surveyed the many significant elections taking place in Africa in 2012.

The Voting News Daily: Sunshine for the Super PAC, Aaron Schock and the FEC

National: Sunshine for the Super PAC: The DISCLOSE Act Would Eliminate Anonymous Donors | Georgetown Public Policy Review Last month, Senator Sheldon Whitehouse (D-R.I.) introduced an updated version of the DISCLOSE Act, legislation aimed at improving transparency in campaign-related spending. Senator Whitehouse’s attention is certainly warranted. Right now, corporations and labor unions can unload their treasuries…

Minnesota: Voter ID battles often land in court | Politics in Minnesota

Even as Republicans in the Minnesota Legislature were advancing a voter ID constitutional amendment on to the November ballot last week, DFLers were predicting court challenges. In 2011 Republicans passed a statutory photo ID requirement in both chambers, but their bill was vetoed by Gov. Mark Dayton. This year the GOP-controlled House and Senate regrouped to pass the measure as a ballot question shortly before the Easter/Passover recess. The constitutional route, if successful, carries the twin benefits of bypassing Dayton and codifying the policy in a way that’s very difficult to reverse. Legal challenges are nothing new in states that have advanced voter ID proposals. The U.S. Supreme Court has upheld a photo ID law in Indiana. In other states — most recently, Wisconsin and Missouri — voter ID has stumbled in the courts for different reasons.

National: FEC Ruling Leaves Ad Uncertainty | Roll Call

A court ruling rejecting Federal Election Commission disclosure requirements as too lax has left political players unsure how much they need to report about the financing of issue ads, making the agency a battleground in the dispute over secret money in 2012. The March 30 ruling by U.S. District Court Judge Amy Berman Jackson orders the FEC to rewrite disclosure rules drafted after enactment of the 2002 McCain-Feingold campaign finance law that the court deemed inadequate. Few expect the six-member agency to comply promptly with the order. Divided evenly between Republicans and Democrats, the FEC is notorious for partisan deadlocks. It hasn’t yet mustered a quorum to weigh new regulations arising from the Supreme Court’s 2010 ruling in Citizens United v. FEC, though it did say it would no longer enforce restrictions that kept labor unions and corporations from making political expenditures.

The Voting News Daily: Voter ID laws spark heated debate before U.S. election, Why Isn’t Voter Suppression A Protest Cause?

National: Voter ID laws spark heated debate before U.S. election | Reuters Liberal activists on Wednesday criticized new voter registration requirements in dozens of states, saying millions of people could be deterred from voting in the November U.S. presidential election – a claim their opponents disputed. The Center for American Progress issued a report that said…

Colorado: Photo ID at the polls nixed by Colorado lawmakers | necn.com

Senate Democrats nixed a proposal to ask voters whether people should provide photo identification at the polls amid concerns Wednesday that the measure would create barriers for people least likely to have IDs — minorities, the elderly and the homeless. The hearing became so intense at one point that the chair of the committee considering the bill threatened to cancel the hearing after an outburst from people during testimony. The Republican-sponsored bill would ask voters in November whether people should show a government-issued photo ID, such as a driver’s license or passport, before being able to vote. The proposal would also remove utility bills, bank statements, and naturalization documents as valid forms of identification during elections. Colorado’s proposal failed on a party-line vote on the same day Minnesota lawmakers passed a measure asking voters in November whether people should present photo identification for voting. Similar requirements have faced legal challenges in Texas and Wisconsin. However, Indiana’s photo ID law was upheld by the U.S. Supreme Court.

Voting Blogs: State Constitutions: A New Battleground in Voting Rights | JURIST

An emerging storyline in this year’s election season is the increased implementation of voter ID laws around the country. From Wisconsin to Texas to Virginia, state legislatures are enacting new laws requiring voters to show some form of photo identification at the polls. Just as quickly, opponents are filing suit in both state and federal courts to challenge the laws on various grounds. While none of this is particularly novel, the added twist is the prominence of state constitutions in these disputes. In fact, given the current US Supreme Court’s narrow interpretation of voting protections, state constitutional recognition of the right to vote may have a tremendous impact in limiting some states from requiring voters to show identification this Election Day. Proponents of voter ID laws posit that they are necessary to protect the integrity of the election process. Those who oppose the laws, by contrast, explain that they do not root out any documented fraud and that they actually disenfranchise certain groups of voters, particularly minorities, the indigent and students. There is also a partisan bent to the disputes: Republicans tend to favor voter ID laws and Democrats oppose them because groups that more often vote Democratic are, as a general matter, less likely to possess the required form of identification and therefore will be unable to vote.

National: Voter ID Laws Study: Voter Fraud Even Rarer Than Winning Mega Millions | @PolicyMic

You are more likely to win Mega Millions that commit voter fraud in the US according to this study. The Justice Department recently blocked a Texas law requiring voters to show government-issued photo identification at polls on the grounds that it disproportionately disenfranchised Hispanics. The state sued the government in response, and the law is scheduled to be disputed in a federal trial in July. Although voter fraud is a problem that should not be overlooked, I side with the Justice Department, as this law would negatively impact more people than the number of cases of voter fraud.  There is much ambiguity surrounding the issue of voter fraud. Only a few studies have measured the prevalence of fraud, such as this study conducted by the Brennan Center for Justice which showed that voter fraud is even rarer than being struck by lightning or winning the Mega Millions. But disenfranchisement of minority groups is very real. By disregarding an important component of the state’s population, Texas’ law creates a predetermined electoral  outcome, prohibits an entire demographic from voicing their own opinions, and obstructs a key cornerstone of democracy in order to produce desired results.

Editorials: Americans Elect could prove a disastrous spoiler | latimes.com

Are political centrists in America without a political home? Do we need a third-party presidential candidate to represent those socially progressive, fiscally austere voters who find our two parties too extreme? There’s no disputing that the Republican Party continues to move rightward at warp speed. Virtually every GOP elected official who’s been in office for more than a couple of years has had to repudiate previously mainstream Republican positions (such as creating a health insurance system with an individual mandate, an idea cooked up by a right-wing think tank) to keep today’s more rabid Republican activists from challenging them in party primaries or caucuses. Such longtime conservative stalwarts as Sens. Orrin Hatch of Utah and Richard Lugar of Indiana could lose their party’s renomination this spring from just such challenges. In this year’s GOP presidential primaries, each of the four candidates has attacked the others only from the right. Logic suggests that every GOP candidate cannot be to the right of every other GOP candidate, but if that’s what this year’s Republican base demands — and it is — then logic be damned: Everyone is running to the right.

The Voting News Daily: Post-Citizens United Money May Swamp Congressional Candidates, Broadcasters fight plan to post names of political ad buyers on Web

National: Post-Citizens United Money May Swamp Congressional Candidates | Huffington Post Political spending by deep-pocketed donors and cash-rich corporations threatens to sow chaos in this year’s congressional races, political consultants warn. A billionaire or corporation writing a check for $1 million — or even $10 million — isn’t enough to swing a presidential election. But when…

Minnesota: Court fight inevitable for Minnesota voter ID | StarTribune.com

Even if the Legislature approves the measure as a constitutional amendment, opponents vow to try and keep it off November ballot. The turmoil and contention surrounding voting rights and election integrity does not cease when a state adopts the type of photo ID requirement Minnesota is moving toward. It just moves into the courtrooms. Two Wisconsin district court judges blocked the state’s strict, new ID requirement this month, after just a single election. One judge said a government that limits the right to vote “imperils its legitimacy.” The state is appealing. In Texas and South Carolina, concerns dating back to the Civil Rights era have caused the federal government to block ID laws, fearing minority voters will be disenfranchised. Those states are appealing. Even Indiana and Georgia, two states with the longest history of using strict photo ID requirements, had to battle multiple legal challenges, culminating in a 2008 U.S. Supreme Court decision that upheld the Indiana law as being in “the interest in deterring and detecting voter fraud.”

Minnesota: Court fight inevitable for Minnesota voter ID | StarTribune.com

Even if the Legislature approves the measure as a constitutional amendment, opponents vow to try and keep it off November ballot. The turmoil and contention surrounding voting rights and election integrity does not cease when a state adopts the type of photo ID requirement Minnesota is moving toward. It just moves into the courtrooms. Two Wisconsin district court judges blocked the state’s strict, new ID requirement this month, after just a single election. One judge said a government that limits the right to vote “imperils its legitimacy.” The state is appealing. In Texas and South Carolina, concerns dating back to the Civil Rights era have caused the federal government to block ID laws, fearing minority voters will be disenfranchised. Those states are appealing. Even Indiana and Georgia, two states with the longest history of using strict photo ID requirements, had to battle multiple legal challenges, culminating in a 2008 U.S. Supreme Court decision that upheld the Indiana law as being in “the interest in deterring and detecting voter fraud.”

The Voting News Daily: Federal voting program’s objective: Make itself obsolete, Does Americans Elect Really Have 400,000+ Identity-Verified Delegates?

National: Federal voting program’s objective: Make itself obsolete | FederalNewsRadio.com Making sure such voters can cast ballots in federal elections is the mission of the Federal Voting Assistance Program (FVAP), a Defense Department office that offers assistance not just to military personnel, but to any U.S. citizen who needs help casting a ballot from overseas.…

The Voting News Weekly: The Voting News Weekly February 27 – March 4 2012

Computerworld reported on discussions of internet voting at the RSA computer security conference. Doug Chapin observed that while the latest felony voter fraud stunt (this time in New Mexico) was possible in was nevertheless still wrong. PolitiFact Florida determined that Stephen Colbert’s observation that shark attacks are more common than voter fraud was “mostly true.” Advocates for Latino voting rights criticized redistricting maps drawn by a Federal court. The majority Tory Party in Canada was implicated in robocall scheme aimed at suppressing voter turnout in Ontario. With all genuine opposition to the Supreme Council banished, different conservative factions vied in Iran’s Presidential election, while Valdimir Putin is expected to win re-election in an election widely perceived by many Russians and outside observers as unfair and Senegal is headed for a run-off after no candidates received a majority of the vote in their Presidential election.

The Voting News Daily: Super PACs, candidates blur lines ahead of Nov. 6, Undermining State Campaign Laws

National: Super PACs, candidates blur lines ahead of Nov. 6 | USAToday.com Presidential candidates and the super PACs accepting unlimited donations to help their campaigns cannot coordinate their activity, yet they are sharing consultants, donors and even advertising footage, raising new questions about the independence of outside groups. Campaign-finance experts say there’s little federal regulators can…

The Voting News Daily: The Strange Career of Voter Suppression, Oscar voting by computer invites cyber attacks – Academy’s plan to allow voting by computer is an open invitation for cyber attacks and fraudulent outcome

Editorials: The Strange Career of Voter Suppression | NYTimes.com The 2012 general election campaign is likely to be a fight for every last vote, which means that it will also be a fight over who gets to cast one. Partisan skirmishing over election procedures has been going on in state legislatures across the country for several…

Texas: Voting rights group files suit over Texas registration practices | Houston Chronicle

The nonprofit Voting for America filed a federal lawsuit Monday alleging Texas voter rolls have been actively suppressed by excessive restrictions on volunteers who conduct registration drives, aggressive purges of county voter rolls and poll workers who improperly requested identification from voters. “A developing body of state practices and provisions targeted at voter registration activities is endangering the rights of many Texas voters,” the lawsuit alleges. The group, affiliated with the Washington D.C.-based Project Vote, runs nonpartisan voter registration drives nationwide and has previously mounted legal challenges to state voter registration procedures in Missouri, Ohio, Indiana and New Mexico, among other states.

Minnesota: Two fears drive fight on photo ID | StarTribune.com

A high-stakes political struggle over requiring voters to show photo identification at the polls is erupting in Minnesota, conjuring up emotional precedents from the notorious Jim Crow poll taxes to the old Chicago admonition to “vote early and often.” The determined Republican drive to pass a photo ID constitutional amendment as a needed deterrent to fraud — and the equally strong DFL effort to oppose it as a partisan ploy to suppress votes — has turned the ordinary driver’s license into a symbol of our national divide. “It’s like we’re back in slavery, only it’s all of us this time,” said Antoinette Oloko, an African-American woman at one of several protests against photo ID and news conferences at the Capitol in recent days. “We’ve had cases of ineligible voters, convicted felons, voting when they shouldn’t be,” said Dan McGrath of the pro-ID group Minnesota Majority, who has collected pictures of voters’ given “addresses” that turn out to be empty lots.

The Voting News Weekly: The Voting News Weekly February 6-12 2012

Deal or No Deal in Texas?

A series of lawsuits have been filed challenging the constitutionality of the pre-clearance provisions of Section 5 of the Voting Rights Act. Jonathan Brater offered a defense of Section 5 in the Boston Review. With a primary scheduled for April, a judicial panel in Texas rushed to find a settlement on redistricting maps. Ohio Republicans plan to repeal changes to the election code they passed last year. A Wisconsin judge declined to block the State’s Voter Id ;aw but set a trial debate to hear arguments. After Charlie White’s removal from office as a result of his conviction for voter fraud, the battle over his replacement moves to the State supreme Court. Senegal’s President began his controversial bid for a third term and Yemen prepares for an election to choose Ali Abdullah Saleh’s successor.

South Carolina: State Sues Feds For Blocked Voter ID Law | Fox News

The U.S. Justice Department was wrong to block South Carolina from requiring voters to show government-issued photo identification to vote, the state’s top prosecutor argued in a lawsuit filed Tuesday. Enforcement of the new law “will not disenfranchise any potential South Carolina voter,” Attorney General Alan Wilson argues in the suit against U.S. Attorney General Eric Holder. “The changes have neither the purpose nor will they have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority.” The Justice Department in December rejected South Carolina’s law requiring voters to show photo identification at the polls, saying tens of thousands of the state’s minorities might not be able to cast ballots under the new law because they don’t have the right photo ID. It was the first such law to be refused by the federal agency in nearly 20 years.