Washington: State AG’s opinion on ACLU case could have wide reach | Yakima Herald

Reverberations from Yakima’s voting rights lawsuit with the American Civil Liberties Union are being felt across the state and in Olympia, where the state Attorney General’s Office is expected to release an opinion related to the issue. The opinion won’t have much, if any, impact in Yakima’s case. But it’s likely to be studied carefully in many other cities, especially Pasco. When Pasco officials saw how poorly Yakima fared in the ACLU lawsuit, they began drafting plans earlier this year to revamp their city’s election process in order to avoid a similar fate. Yakima has been ordered to change its election process by a federal judge who said its old election system violated federal election law by routinely suppressing Latino interests. Under the judge’s order, which is under appeal, Yakima City Council members would be elected by voters in their districts and would no longer be subject to citywide voting.

Nevada: Measure that would raise bar on voter initiatives fails | Associated Press

A Nevada committee has defeated a proposal that critics say would make it more difficult to file voter-led initiative petitions. The Assembly Legislative Operations and Elections Committee voted 4-6 on Tuesday to defeat SB434. The measure would have required petitions to gather at least 1,000 signatures from registered voters before being filed with the Secretary of State, and included more judicial review and oversight in submitting ballot questions.

Editorials: South Dakota’s Last Stand—Ballot Boxes, Red Herrings and Custer Envy | Stephanie Woodard/ICTMN.com

Jackson County, South Dakota, has dug in for a fight against Oglala Sioux plaintiffs who sued for a full-service satellite voting office on the portion of Pine Ridge Indian Reservation that overlaps the county. On May 11, Jackson County filed an answer to the Oglalas’ complaint. The document mostly reiterated legal arguments that had been rebuffed by U.S. District Court Judge Karen Schreier 10 days earlier, when she refused to dismiss the lawsuit, Poor Bear v. The County of Jackson. In her opinion, the judge wrote that the plaintiffs might be able to prove “intentional discrimination,” a Fourteenth Amendment violation. Judge Schreier presided over another Oglala voting-rights suit, Brooks v. Gant, which in 2012 resulted in satellite voting for another part of Pine Ridge.

New Hampshire: Court Strikes Down New Hampshire’s Voter Residency Law | Governing

The New Hampshire Supreme Court Friday unanimously struck down a 2012 state law that required voters be state residents, not just domiciled here, in order to vote. “Today’s ruling acknowledges that elections should be free, fair and accessible to all people in a democracy,” said Gilles Bissonnette, of the American Civil Liberties Union of New Hampshire (ACLU-NH). The state had appealed two lower court decisions that ruled in favor of four voters and the League of Women Voters who claimed the law violated the state constitution. “We’re reviewing the decision,” said Assistant Attorney General Stephen G. LaBonte, who represented the state. “We have no comment at this time.”

Ohio: Democrats sue State of Ohio, Husted, others over voting issues | Toledo Blade

Democrats, including an attorney for presidential candidate Hillary Clinton, sued in federal court on Friday to block laws and orders they claim are designed to throw roadblocks between the voting booth and traditional Democratic constituencies. Among the issues challenged is Ohio’s shortened early voting period, which has already been the subject of a recent settlement under a lawsuit filed by the American Civil Liberties Union, League of Women Voters of Ohio, and others that led to the reinstatement of some in-person early voting hours for future elections.

Washington: Yakima watching intently as Supreme Court considers Texas voting rights case | Yakima Herald Republic

U.S. Supreme Court justices will convene May 14 to discuss a Texas voting rights case that could impact Yakima’s legal fight with the American Civil Liberties Union. Meanwhile, an attorney hired by the city says negotiations to reduce the ACLU’s $2.8 million fee claim against Yakima are at a standstill. The Supreme Court conference, held behind closed doors, is a routine part of the decision-making process on whether to hear cases submitted to the court. An announcement on whether the case will be heard could come as early as May 18.

Wisconsin: Legal fight over voter IDs in Wisconsin continues | Associated Press

With two special elections looming next month and one to fill a vacancy in the state Senate coming later this year, opponents of Wisconsin’s new voter identification law want a federal court to expand the number of IDs that voters can show at the polls. The legal fight comes in the wake of the U.S. Supreme Court last month rejecting a challenge to the law’s constitutionality. The issues raised by the American Civil Liberties Union in the challenge to the law, passed by the Republican-controlled Legislature and signed by Gov. Scott Walker in 2011, remain unresolved. Dale Ho, director of the ACLU’s Voting Rights project, said Monday that it’s unclear when the legal fight will end.

Washington: $981,000: Latest cost for Yakima in ACLU voting rights case | Yakima Herald Republic

Yakima has paid more than $981,000 in attorney fees and expert witness costs in its voting rights case with the American Civil Liberties Union, according to records released by the city today. The City Council voted 5-2 last week to appeal the case to the 9th Circuit Court of Appeals after a judge in federal district court ordered the city to change its council elections system. City officials supportive of the appeal are hopeful a Texas voting rights case with the potential to be heard by the U.S. Supreme Court could give their argument enough weight to reverse the lower court’s decision.

Washington: Yakima to appeal ruling in ACLU voting rights case | Yakima Herald Republic

Yakima will appeal a federal court ruling in a voting rights case brought by the American Civil Liberties Union, but elections under a new system ordered by the court will proceed later this year. Citing the possibility that the U.S. Supreme Court may hear a Texas case addressing the same issues raised in Yakima, the City Council on Wednesday voted 5-2 in favor of an appeal, with council members Kathy Coffey and Rick Ensey in the minority. But because the council didn’t seek a stay of the federal judge’s order, all seven council seats will be up for election later this year, as ordered by U.S. District Judge Thomas Rice.

Washington: New Yakima election system to go forward | Yakima Herald Republic

New elections will be held for all seven Yakima City Council seats this year regardless of whether the city appeals a federal judge’s order requiring a new election system, council members said Monday. And the council will see at least two new faces. Councilmen Rick Ensey and Dave Ettl said Monday that they won’t seek re-election. With Friday looming as the deadline for appealing the judge’s ruling in the voting rights case with the American Civil Liberties Union, the City Council has scheduled a special meeting at 2 p.m. Wednesday to decide on an appeal. If the city does appeal, the new system could eventually be thrown out, but council members said the city won’t stop the judge-ordered election.

National: U.S. Supreme Court rejects challenge to Wisconsin voter ID law | Reuters

The U.S. Supreme Court on Monday rejected a challenge to Wisconsin’s Republican-backed law requiring voters to present photo identification to cast a ballot, a measure Democrats contend is aimed at keeping their supporters from voting. The justices declined to hear an appeal filed by the American Civil Liberties Union, which challenged the law. The ACLU said it then filed an emergency motion with a federal appeals court to try to keep the law from taking effect immediately. Republican Wisconsin Attorney General Brad Schimel said the law cannot be implemented for the state’s April 7 election because absentee ballots are already in the hands of voters but would be in place for future elections. “This decision is final,” Schimel said. Voter identification laws have been passed in a number of Republican-governed states over Democratic objections. Republicans say voter ID laws are needed to prevent voter fraud. Wisconsin’s measure, blocked by the Supreme Court last year, was backed by Governor Scott Walker, a potential 2012 Republican presidential contender.

Washington: Yakima County begins plans for redistricting despite city’s ongoing legal fight | Yakima Herald Republic

The city of Yakima hasn’t thrown in the towel yet on its legal fight with the ACLU, but county elections officials said Wednesday they are moving ahead with implementation of a court-ordered redistricting plan for the city. Yakima County Auditor Charles Ross said the decision was made Wednesday after consulting with the county’s attorneys. Ross, whose office oversees municipal and county elections, said updating the information in the county’s voter registration system would take about three days and will likely begin next week. “Our position is we’re going to implement the judge’s order,” Ross said.

National: Lawmakers introduce bill to restore voting rights to ex-convicts | Al Jazeera

Lawmakers introduced a bill Wednesday that would restore voting rights in federal elections to nearly 4.4 million U.S. citizens with criminal convictions after their release from prison. The Democracy Restoration Act was introduced by Sen. Ben Cardin, D-Md., and Rep. John Conyers, D-Mich. Similar versions of the bill have been introduced in past congressional sessions. “Millions of American citizens are without a political voice in federal elections because the current patchwork of laws that disfranchise people with criminal records has created an inconsistent and unfair electoral process,” Deborah J. Vagins, senior legislative counsel for the American Civil Liberties Union, said in a press release issued Wednesday. She urged Congress to pass the bill, arguing that many criminal disfranchisement laws stemmed from the Jim Crow era, with the intent of keeping African-Americans from voting.

Washington: Yakima will ask federal judge to reconsider ruling on voting districts | Yakima Herald Republic

The Yakima City Council will ask a federal judge to reconsider his decision in the city’s voting rights case with the American Civil Liberties Union, a move that will reset the clock on an appeal and give members more time to weigh their options. The decision was made Tuesday night during the council’s regular meeting. The vote was 6-0, with Councilman Rick Ensey absent. U.S. District Judge Thomas Rice of Spokane will have to respond to the motion to reconsider, which some people even in Yakima city government expect to be denied. However, it would give the city a new 30-day window to file an appeal after Rice responds to the motion. The city’s attorneys were expected to file the motion before midnight Tuesday.

Iowa: Controversial Iowa voter rules will not take effect | Des Moines Register

Voter registration rules enacted by former Iowa Secretary of State Matt Schultz that critics said threatened to disenfranchise eligible voters will not take effect, after a long-running lawsuit was resolved on Friday. The Secretary of State’s Office — now held by Paul Pate — voluntarily dismissed an appeal to the Iowa Supreme Court that was initiated by Schultz last year following a loss at the district-court level. “This is an important victory for the protection of voters’ rights in Iowa,” American Civil Liberties Union of Iowa Legal Director Rita Bettis said in a statement. “It means that Iowans will not have to worry about the voter purges we’ve seen take effect in other states with a disastrous impact, especially for new U.S. citizens and Latinos.” By declining to continue the appeal, the state has effectively concluded the lawsuit and allowed the lower-court ruling to stand. That means the rules will never take effect.

Florida: Jefferson County sued over redistricting plan | Tallahassee Democrat

The American Civil Liberties Union filed a federal lawsuit Monday against the Jefferson County Commission, the county’s school board and supervisor of elections challenging the inclusion of state prison inmates in the drawing of election district maps. The lawsuit, filed in U.S. District Court in Tallahassee by the ACLU on behalf of concerned county residents, says the redistricting plan adopted by the commission and school board in 2013 violates the constitution’s “one person, one vote” requirement and amounts to “prison-based gerrymandering.”

Washington: Yakima facing mounting costs in ACLU elections suit | Yakima Herald Republic

As the Yakima City Council considers whether to appeal a federal judge’s decision changing the city’s elections system, members are confronted with an issue of cost versus conscience. Most have at some point in the 21/2-year case come out opposed to changing the elections system. Yakima voters also rejected a separate redistricting proposal in 2011 brought about by a citizen initiative. Regardless, a federal judge has said the system violates the federal Voting Rights Act and on Tuesday ordered a new system of voting by district that includes two districts with a majority of Latino voters. Even if a majority of the council dislikes that outcome, their options for continuing the fight create potentially enormous financial challenges. It’s not just that the city has already spent $918,314 defending the case, or that the American Civil Liberties Union, which filed the case, is expected to seek a sum even greater to cover its legal fees and costs. It’s also a question of where the money to pay for it comes from because the case isn’t covered by the city’s insurance policy.

Washington: Federal judge orders district voting for Yakima in ACLU case | Yakima Herald Republic

Citing the disenfranchisement of Latinos under Yakima’s current council elections system, a federal judge on Tuesday ordered the city to conduct future elections using seven geographic districts — including two majority Latino districts. Under U.S. District Judge Thomas Rice’s ruling, all seven City Council positions would be placed on the ballot this year and candidates would be elected by voters solely from within their district. Under the ruling, candidates would no longer be voted on citywide. The ruling comes in a voting rights lawsuit filed more than two years ago by the American Civil Liberties Union on behalf of two Latino residents. Rice, of the Eastern District Court of Washington, ruled in August that the city’s hybrid election system of at-large and district voting routinely “suffocates” the will of Latino voters.

Nevada: Voter ID bill introduced in Nevada Senate | Las Vegas Review-Journal

Voters would be required to show photo identification before casting a ballot under a bill introduced Tuesday in the Nevada Senate. Under Senate Bill 169, sponsored by Sen. James Settelmeyer, R-Minden, and eight other Republican lawmakers, proof of identity would include a document or identity card issued by the state, federal government or recognized Indian tribe that contains a “recognizable photograph.” It also would require the Department of Motor Vehicles to issue a voter identification card free of charge to anyone who lacks other proof. Settelmeyer said requiring voter ID is “something my constituencies have been clamoring about for a long time.”

Wisconsin: State Department of Justice urges U.S. Supreme Court not to take up voter ID case | Wisconsin State Journal

The state Department of Justice wants the U.S. Supreme Court to stay out of Wisconsin’s controversial voter identification case. In a brief filed Friday, the DOJ argued that there is “no legitimate reason” for the nation’s highest court to revisit the validity of laws requiring voters to show photo identification at the polls. The American Civil Liberties Union and others sued in 2011 over Wisconsin’s voter ID law, which was passed by the Republican-controlled Legislature and signed into law by Gov. Scott Walker in May of that year.

Editorials: Will the Supreme Court Re-Visit Voting Rights Before the 2016 Elections? | Jessica Mason Pieklo/RH Reality Check

Civil rights advocates want the Supreme Court to step back into the fight over voting rights, urging the Roberts Court to act soon and strike down Wisconsin’s 2011 voter ID law or risk getting caught in the “untenable position of referring voter ID disputes in the run-up to the November 2016 election.” Wisconsin Act 23 mandates that voters show one of nine specific forms of identification in order to vote either by absentee ballot or in person. Wisconsin lawmakers passed the law more than three years ago, but because of ongoing legal challenges to its constitutionality, the restrictions have only been enforced once in a state primary election, in 2012. Two state courts blocked the law’s enforcement in 2012 on the grounds that it violates the state constitution. Meanwhile, a federal trial judge in April ruled that the law violates the U.S. Constitution as well as Section 2 of the Voting Rights Act of 1965.

Wisconsin: Groups ask Supreme Court to hear Wisconsin voter ID case | Associated Press

Civil rights advocates asked the U.S. Supreme Court on Wednesday to reverse a decision upholding Wisconsin’s voter photo identification law, arguing the case raises questions of national importance about limits on a state’s ability to restrict voting. The American Civil Liberties Union and allied groups argued in their filing that the Wisconsin case offers an “ideal vehicle” to settle the legal debate over voter ID laws. They said 17 states have adopted voter identification laws since the high court upheld Indiana’s law in 2008. They contend that arguments by supporters of such laws that they help prevent voter fraud is a pretext. The measures don’t serve any legitimate state interest and curtail the rights of black and Hispanic voters who lack ID, opponents say. What’s more, legal challenges moving back and forth between state and federal courts have created confusion, they argued.

Missouri: Race and Voting Rights in Ferguson | New York Times

For most people, Ferguson, Mo., will be remembered for one awful August afternoon, when a white police officer there shot and killed an unarmed black teenager, Michael Brown. But that incident was only a snapshot in the town’s long and complicated racial history — a history characterized by entrenched segregation and economic inequality, as well as by familiar and systemic obstacles that have kept black residents from holding positions of political power. Ferguson’s population is two-thirds African-American, and yet its mayor, city manager and five of its six City Council members are white. So are its police chief and all but three officers on its 53-member police force. The school board for the Ferguson-Florissant School District is much the same: More than three-quarters of the district’s 12,000 students are black, but the seven-member board includes only one African-American.

Iowa: Voter rights groups seek changes to proposed online voting registration rule | Associated Press

A proposed rule allowing Iowa residents to register to vote online would exclude anyone without a driver’s license or photo ID and must be fixed, voting rights advocates said Wednesday. The Iowa Voter Registration Commission began drafting a new rule in August that would allow prospective voters to register on the internet in addition to the paper registration process. “This is a great step that benefits 94 percent of the population of Iowa with minimal cost or any strains on the current system,” Charlie Smithson, a commission member, said Wednesday. The deadline for public comment was set for the day before Election Day in early November, prompting voting rights groups including the American Civil Liberties Union of Iowa to say the change was being pushed through too fast. They asked for a public hearing, which will be Dec. 30.

Tennessee: Voter ID law opponents keep up fight | The Tennessean

A legendary Tennessee lawyer whose push for voting rights dated back to the civil rights movement died last summer, not long before a new federal report found evidence that he might have had a point about that state’s voter identification law. Now many of those who worked closely with him say they intend to keep the cause alive. George Barrett died in August, two months before a new report by the Government Accountability Office found that states — including Tennessee — which toughened their voter ID laws saw steeper drops in election turnout than those that did not. While there were few reports of voting problems in Tennessee following the Nov. 4 general election, voter advocates say the report justifies the need to examine the effects of the voter ID law in Tennessee, one of 33 states to enact laws obligating voters to show a photo ID at the polls. In doing so they hope to rekindle the efforts of Barrett, a one-man crusader whose courtroom advocacy dated back to the lunch-counter sit-ins of the early 1960s, when it was rare for a white attorney to take up the cause of black college students.

Editorials: We need to amend constitution over vote issue | The Des Moines Register

Eligible voters in Iowa had the opportunity to exercise a privilege of democracy when the polls opened on Election Day, Nov. 4. Some of them chose not to participate, but thousands of others were denied the right to participate by a disputed provision in the Iowa Constitution. That provision excludes otherwise eligible voters who have been convicted of “any infamous crime,” which has generally been interpreted to mean felonies. Which also means that literally tens of thousands of people who have served their time and paid their debt to society are denied one of the fundamental rights of citizenship in a democracy. The latest effort to end this denial of a fundamental right came in a lawsuit filed by the American Civil Liberties Union of Iowa three days after the election. The lawsuit on behalf of a woman with a felony record from a drug conviction seeks have her voting rights restored by a Polk County District Court judge. She argues that her criminal conviction does not meet the definition of an “infamous” crime. Beyond that, the lawsuit asks the district court to specifically define which felonies fall under the broad definition of infamous crimes for voting rights purposes.

Iowa: ACLU lawsuit challenges Iowa voting rules | Associated Press

The American Civil Liberties Union filed a lawsuit Friday challenging Iowa’s tough policies that bar felons from voting, seeking to restore the right to thousands of former offenders before the 2016 presidential election. The case aims to end confusion over rules that followed a 2011 policy change by Gov. Terry Branstad and a criminal investigation into people who improperly voted. Iowa is among three states where felons cannot vote after completing their sentences unless their rights are restored by the governor. “The widespread denial of voting rights on the basis of a felony conviction is the single biggest denial of civil rights in Iowa. It has kept thousands of Iowans from voting,” ACLU attorney Rita Bettis said. “We’re very excited about this case and its potential to right a tremendous wrong.” One of them, stay-at-home mother Kelli J. Griffin of Montrose, is the plaintiff in the lawsuit. “I believe I am a productive member in society and that I deserve to vote,” she said. “So do other felons who have turned their lives around.”

Editorials: Midterm Election Results 2014: Did Voter ID Laws Help Republicans Win The Senate Majority? | Howard Koplowitz /International Business Times

Thousands of voters in Texas, North Carolina and Georgia said they were unable to cast ballots in Tuesday’s midterm elections amid growing efforts by Republicans to stamp out voter fraud. The complaints suggest that a slew of laws passed in recent years by GOP lawmakers and blasted by critics as a modern-day poll tax aimed at suppressing Democratic turnout may have influenced the results in some of the nation’s most contested contents. In states that recently passed election reform laws, voters said they were turned away because they didn’t have photo identification or after they showed up at the wrong precinct. Voters also complained of long lines, faulty voting machines, language hurdles and confusion over voter requirements, according to the nonpartisan coalition Election Protection. In all, the nonprofit fielded 18,000 complaints, a 30 percent increase from 2010, according to the Seattle Post‑Intelligencer. Republicans have led efforts in recent years to require photo identification and reduce or eliminate early voting or same-day voter registration because of alleged incidents of voter fraud. But critics argue that the laws suppress voter turnout of key Democratic demographics, including low-income, black, Hispanic, female and young voters.

National: Voter ID Laws Sowed Confusion Tuesday, Lawyers Report | National Law Journal

Civil rights lawyers monitoring polls across the country on Tuesday reported some confusion in states where contested voter identification laws were in effect. In Texas, where the state’s voter ID law faces a court challenge, voters reported receiving contradictory information about what types of identification they could show at the polls, according to Nicole Austin-Hillery of the Brennan Center for Justice. The U.S. Supreme Court ruled last month that Texas officials could enforce the law while a court challenge was pending. In Virginia, there were inconsistencies in how poll workers implemented the state’s voter ID law, according to Hope Amezquita of the American Civil Liberties Union of Virginia; this was the first statewide election with the law in effect. Amezquita said her team fielded reports from two counties about voters showing up without identification who weren’t provided with provisional ballots, which should have happened. “There are people out there who did not vote and should have been offered the opportunity,” Amezquita said. “If it’s happening and we’re hearing about it, it’s probably happening elsewhere and we’re not hearing about it.” Vicky McPherson, a shareholder at Greenberg Traurig who was coordinating lawyers monitoring polls through the National Bar Association, reported situations in which Virginia voters were asked to provide supplemental identification when they weren’t legally required to do so. She said her team was in touch with state officials to make sure they were giving poll workers proper instructions.