Hawaii: State Supreme Court Dismisses ACLU Election Challenge | Honolulu Civil Beat

The Hawaii Supreme Court sided with the state today and dismissed an election challenge launched by the American Civil Liberties Union on behalf of Big Island voters who were unable to cast ballots on Aug. 9 due to Tropical Storm Iselle. According to the Thursday ruling, the high court said it did not have jurisdiction over the constitutional questions raised by the ACLU. The dismissal also noted that the ACLU’s lawsuit, filed Aug. 21, was admittedly ““not a typical ‘election contest.’”

Washington: Yakima may appeal voting rights ruling | Yakima Herald Republic

The Yakima City Council may yet appeal a federal court ruling that the city’s current election system violates the federal Voting Rights Act, but not for now. The council met in executive session for an hour Thursday morning with attorneys to discuss the city’s options. The city can either appeal the ruling, offer its own plan for a new elections system, or work with the American Civil Liberties Union, which filed the lawsuit, to attempt a compromise plan. After the closed-door meeting, which is allowed under state law to discuss legal action, Yakima Mayor Micah Cawley announced before gaveling the meeting to a close that the city would comply with the judge’s order. Cawley’s phrasing brought a stunned reaction from the small audience in attendance, who took it to mean the city would not appeal. Cawley later clarified that the city is still leaving its options open. “We’re not giving up any of our rights,” Cawley said after the meeting. “We’re going to comply with the judge’s order.”

Editorials: How to fix Yakima’s racially polarized elections | The Seattle Times

Last week’s federal court ruling ordering Yakima to discard at-large citywide elections in favor of a more representative process prescribes a needed fix, but leaves much of the rest of the state underrepresented at the local government level. The vast majority of Washington cities use at-large voting systems. That’s democracy, but not the most representative democracy. Subtly, and sometimes intentionally, at-large elections leave distinct geographic communities completely unrepresented. It’s why Congress passed the Voting Rights Act of 1965.

Washington: Federal judge rules against Yakima in voting rights case | Yakima Herald Republic

After two years of litigation, a federal judge has ruled in favor of the American Civil Liberties Union in its voting rights lawsuit against the city of Yakima, bringing potentially dramatic change to Yakima city politics. In a summary judgment issued Friday afternoon, the judge said the ACLU’s case was strong enough to vacate a trial and should move directly to the remediation phase, where both the ACLU and the city will present proposals for changing the way City Council members are elected. The ACLU already has proposed all-district voting for the seven council members. The ruling determined that Yakima’s current election system violates Section 2 of the federal Voting Rights Act by diluting the Latino community vote.

Hawaii: ACLU sues Hawaii over election storm response | Associated Press

The American Civil Liberties Union of Hawaii has asked the state’s top court to allow voters affected by Tropical Storm Iselle to cast ballots in the primary election. The ACLU filed the challenge in state Supreme Court on Thursday. The lawsuit against Gov. Neil Abercrombie, Chief Elections Officer Scott Nago and others says voters on Hawaii Island were disenfranchised because they couldn’t get to the polls due to storm damage. Tropical Storm Iselle made landfall on Hawaii’s Big Island less than 48 hours before election day. Two precincts in the badly damaged Puna region were closed, and voters were told they would be mailed ballots. But then Chief Elections Officer Scott Nago changed course and scheduled a makeup primary for a week after the original election date, leaving some voters confused about the logistics of voting.

Ohio: Attorneys dispute impact of Ohio voting changes | Associated Press

A federal judge in Ohio is weighing arguments over the impact of early-voting changes in the presidential battleground state, as civil rights groups and voting rights organizations seek to block recent restrictions from being in place this November. Ohioans vote absentee by mail or in person without giving any reason. The lawsuit before U.S. District Judge Peter Economus challenges two early-voting revisions. One is a directive this year from Republican Secretary of State Jon Husted that set uniform, early voting times that included restrictions on weekend and evening hours. The other is a bill passed by the GOP-led General Assembly in February that shortens the early voting window. Instead of 35 days, the period would typically be 29 or 28 days. The law gets rid of a so-called “golden week” when people could both register to vote and cast a ballot at the same time.

Wisconsin: Voter ID ruling creating confusion for primary | Associated Press

Voters will not have to show photo identification to cast a ballot in Tuesday’s primary election, but poll watchers say they’re still concerned there could be confusion thanks to a recent state Supreme Court ruling that the photo ID law is constitutional. The court’s decision didn’t reinstate the law because the photo ID requirement was previously blocked in federal court. Republican Attorney General J.B. Van Hollen is trying to get that ruling put on hold in time for the November general election. The opposing legal views create confusion, especially for voters who aren’t paying close attention or may be misinformed, said Larry Dupuis, attorney for the American Civil Liberties Union in Wisconsin. The biggest concern is that someone without an ID may assume they can’t vote, so they won’t show up, Dupuis said.

Ohio: Legislature’s request denied in voting case | Associated Press

A federal judge on Wednesday denied a request from the Ohio Legislature to become part of a lawsuit challenging early voting rules in the key swing state. The Republican-controlled General Assembly had sought to be among the lawsuit’s defendants, which include the state’s attorney general and elections chief. Attorneys argued that lawmakers had a right to defend the statutes they enact. But U.S. District Judge Peter Economus said the General Assembly failed to convince the court that its position differed from the current defendants. He also questioned the timing of the legislature’s request to intervene, saying it came more than two months after the lawsuit was filed in May. “The General Assembly has offered no reason justifying this delay,” Economus wrote. Attorneys have asked the judge to reconsider, saying they have complied with the court’s schedule.

Wisconsin: Voting rights advocate on Supreme Court voter ID ruling: ‘We feel we have already won’ | The Cap Times

With the Wisconsin Supreme Court set to release decisions Thursday on cases challenging the state’s voter ID law that was filed nearly three years ago, the executive director of the Wisconsin League of Women Voters said, in many ways, “we feel we have already won.” The law that requires voters to show a picture ID prior to voting was passed in May of 2011. That October, the league became the first of four organizations to file a lawsuit. The law, which quickly became the most restrictive of its kind in the country when it passed, was in place for one election cycle in February 2012. It was subsequently blocked under a Dane County Circuit Court ruling issued by Judge Richard Niess in March of 2012. For the next seven elections, voters did not have to show their ID’s, said Andrea Kaminski, the league’s executive director.

North Carolina: College students challenge North Carolina voting law | USA Today

Starting in 2016, students in North Carolina will have to present a photo ID to vote. Among the forms of acceptable identification are driver’s licenses, passports and military IDs. College IDs, however, are not accepted. The new law has troubled many students in the college community, and now seven students are suing. The students claim the photo ID requirement and measures such as the elimination of out-of-precinct voting are discriminatory against young people, joining organizations such as the NAACP, the American Civil Liberties Union and the Justice Department in a legal battle against the state. The case challenges the constitutionality of North Carolina’s Voting Information Verification Act (VIVA), passed by the state Legislature in 2013. The law also eliminates same-day registration for voters and shortens the period for early registration.

North Dakota: Got Tribal ID? North Dakota Natives May Not Be Able to Use Theirs to Vote | ICTMN

In a news conference on Thursday, July 10, North Dakota Secretary of State Al Jaeger defended his strict reading of North Dakota voting law. The American Civil Liberties Union and the Freedom Resource Center, representing those with disabilities, had called on Jaeger to rethink his interpretation, which allows voters to use a small number of forms of identification. The rights groups say this has unfairly burdened tribal and disabled voters. Heather Smith, the ACLU’s North and South Dakota director, said Jaeger’s interpretation had created the “strictest voter ID law in the nation.” She claimed it violates the Voting Rights Act and flies in the face of federal-court decisions striking down such laws.

Kansas: Judge rules for Kobach on voter registration | Associated Press

A judge cleared the way Friday for Kansas to use a dual voting system to help enforce its proof-of-citizenship rule for new voters, suggesting that doing otherwise could taint the state’s August primary election. Shawnee County District Judge Franklin Theis’ ruling was a victory for Secretary of State Kris Kobach, a conservative Republican who champions the citizenship rule as an anti-election fraud measure. Critics contend it will suppress the vote. Theis rejected the American Civil Liberties Union’s request to block a policy Kobach outlined last month in instructing county officials on handling ballots from voters who registered using a national form without providing a birth certificate, passport or some other documentation of their U.S. citizenship. Kobach advised counties to set aside the ballots and count only their votes in congressional races.

National: College Students Claim Voter ID Laws Discriminate Based on Age | New York Times

Civil rights groups have spent a decade fighting requirements that voters show photo identification, arguing that this discriminates against African-Americans, Hispanics and the poor. This week in a North Carolina courtroom, another group will make its case that such laws are discriminatory: college students. Joining a challenge to a state law alongside the N.A.A.C.P., the American Civil Liberties Union and the Justice Department, lawyers for seven college students and three voter-registration advocates are making the novel constitutional argument that the law violates the 26th Amendment, which lowered the voting age to 18 from 21. The amendment also declares that the right to vote “shall not be denied or abridged by the United States or any state on account of age.” There has never been a case like it, and if the students succeed, it will open another front in what has become a highly partisan battle over voting rights.

Wyoming: State considers restoring felon voting rights | The Washington Post

Felons who have served their prison sentences could win back their right to vote under a proposal to be considered next week by a Wyoming legislative panel. The measure, backed by the American Civil Liberties Union, would establish a process of re-enfranchisement for nonviolent first-time offenders once they finish serving time behind bars, probation or parole. The ACLU’s Wyoming chapter said the bill would have restored voting rights to 4,200 nonviolent offenders in Wyoming between 2000 and 2011. Current law only allows restoration of voting rights to felons who are pardoned by the governor or who are specifically given the right to vote by the state parole board. But the law doesn’t lay out any criteria for re-enfranchisement, and some members of the board have complained they don’t have enough guidance.

Arkansas: Secretary of state asks judge to keep voter ID law in effect | Arkansas News

A judge’s stay of his ruling that Arkansas’ voter ID law is unconstitutional should remain in place, Secretary of State Mark Martin’s office argued in a filing Wednesday in Pulaski County Circuit Court. Pulaski Circuit Judge Tim Fox ruled May 2 that Act 595 of 2013, which requires voters to show photo identification at the polls, is unconstitutional because it imposes qualifications for voting in Arkansas that go beyond the qualifications set out in the state constitution. Fox stayed his ruling, however, so Act 595 remained in effect in the May 20 primary election and the June 10 runoff election.

North Dakota: ACLU, Fargo nonprofit urge Jaeger to expand new voter ID requirements | Jamestown Sun

The American Civil Liberties Union is urging Secretary of State Al Jaeger to expand what it calls his “exceedingly narrow” interpretation of North Dakota’s new voter ID law to allow voters to use more forms of identification, warning the law could disenfranchise Native American and disabled voters, among others. Jaeger said Monday he received the letter from the ACLU — as well as a supporting letter from the Fargo-based nonprofit Freedom Resource Center for Independent Living — on Friday and was still reviewing it to develop a response, adding, “I can just go by what the law allows. As to whether we can do anything or not, that remains to be seen,” he said.

Ohio: Why early voting cuts hit African-Americans hardest | MSNBC

Voting restrictions imposed by Ohio Republicans earlier this year will make casting a ballot in the Buckeye State significantly harder, and will hurt African-Americans far more than whites, according to a new court filing which offers a wealth of data to back up its claims. The brief, filed Monday by lawyers for the American Civil Liberties Union (ACLU), asks a federal judge for an injunction to block the restrictions—cuts to the early voting period, and the elimination of same-day voter registration—before this November’s election. The ACLU filed suit earlier this year, alleging that the moves violate the Voting Rights Act’s ban on voting changes that have a racially discriminatory effect. But until Monday, it had not offered detailed information in support of its case.

North Dakota: Groups want adjustments to voter ID rules | Bismarck Tribune

Two national groups have sent letters to the North Dakota Secretary of State protesting the application of the state’s new voter identification laws. The American Civil Liberties Union and the Freedom Resources Center for Independent Living claim the new voter ID laws could disenfranchise voters. In its letter, sent on Friday, the ACLU recommends expanding the forms of ID permitted to be used to include items such as passports, game and fish licenses and utility bills. Secretary of State Al Jaeger said Monday his office will review the letters and craft a response. However, he said his office is limited by statute as to what it can do in adopting any recommendations made by the groups.

Iowa: Secretary of state candidates play down voter ID | Des Moines Register

The loud cry for voter identification and vote fraud investigation is fading to a whimper as Iowa’s top election official prepares to leave and those running to replace him downplay the politically charged issues. Matt Schultz, who recently was defeated in his bid for the Republican Party’s 3rd Congressional District nomination, was elected secretary of state in 2010 after a campaign largely focused on promoting voter ID and fighting what he argued was problematic voter fraud. Once in office, Schultz unsuccessfully lobbied lawmakers for a voter ID law, spent about $250,000 in a two-year investigation of election fraud and tried to pass a voter purge rule for those lacking citizenship proof, which led to a lawsuit.

Arkansas: ACLU asks judge to halt Arkansas voter ID law | Associated Press

A civil liberties group asked an Arkansas judge Tuesday to block the state from enforcing its voter ID law, saying more than 1,000 people were disenfranchised during last month’s primary election because of the requirement that they show photo identification before casting a ballot. Pulaski County Circuit Judge Tim Fox ruled last month that the voter ID requirement was unconstitutional but suspended his ruling, allowing the requirement to stay in place during the May 20 primary and June 10 runoff election. The primary was the first statewide test of the law, which took effect in January. The American Civil Liberties Union of Arkansas on Tuesday asked Fox to lift his stay, saying 933 absentee ballots and 131 ballots cast in person during the primary were thrown out because of the new law.

Editorials: More Voting Games in Ohio | New York Times

Someday, after they figure out how to appeal to a broader swath of the electorate, Republicans will probably be embarrassed by how much time they have spent making it harder for Americans to vote. For now, though, the beat just goes on. In a misguided effort to hold on to power despite an ever-shrinking base of older white voters, Republican lawmakers around the country continue to impose all sorts of barriers to the ballot box. One of the most egregious examples is happening in Ohio, a critical swing state in presidential elections and the scene of many recent disenfranchisement attempts.

Arkansas: Judge formally enters ruling against voter ID law, but keeps decision stayed | Associated Press

An Arkansas judge on Friday continued a stay of his ruling against the state’s new voter ID law, but appeared to leave open the possibility that he could reconsider and block the law’s enforcement during next month’s primary. The secretary of state, meanwhile, told the judge he planned to appeal the ruling to the state Supreme Court. Pulaski County Circuit Judge Tim Fox formally entered his ruling that requiring voters to show photo identification before casting a ballot is unconstitutional. The five-page order formalizes a ruling Fox issued from the bench on May 2, when Fox issued a preliminary injunction against the law but said he wouldn’t block its enforcement during Tuesday’s primary.

Arkansas: Voter ID law causes chaos and confusion | MSNBC

Arkansas’s voter ID law was recently declared unconstitutional by a judge, who ruled that it violated the state constitution’s right to vote. But for now, the law is still in effect—and it created chaos and confusion in its first real test Tuesday. Just as troubling, the state’s election administrators are reacting with a collective shrug. Arkansas’s primaries, held Tuesday, were fairly low turnout affairs. But the state is playing host to a crucial and high-profile U.S. Senate race this fall. Among the problems reported from Tuesday: poll workers quizzing voters on their personal information, including address and birthdate, after being shown ID, and using electronic card strip readers to verify ID—both of which go far beyond what the law allows. Some voters without proper ID are said to have been wrongly denied provisional ballots. And large numbers of absentee ballots also are in danger of not being counted, thanks to the ID law. “We’re hearing from some pretty steamed voters,” said Holly Dickson, a lawyer with the state chapter of the American Civil Liberties Union, citing “a smorgasborg of complaints and issues” about the law’s application. The ACLU is challenging the law in court.

Arkansas: Voters Complain About Quizzing By Poll Workers Checking IDs | TPM

Tuesday primaries marked the first state-wide election in Arkansas since the state’s new voter ID law went into effect earlier this year. And there were problems. The American Civil Liberties Union of Arkansas has received numerous complaints from voters who say poll workers “quizzed” them about the information on their IDs, one of the organization’s officials told TPM on Wednesday. “It’s not one or two specific locations, we’re hearing about it in various locations around the state,” Holly Dickson, legal director at ACLU of Arkansas, said in an interview. “There may have been a coordinated effort to have poll workers enforce the law this way — that remains to be seen, of course.”

Michigan: ACLU: Michigan law that bars Conyers from ballot unconstitutional | The Detroit News

The American Civil Liberties Union filed suit Monday in federal court to argue U.S. Rep. John Conyers belongs on the Aug. 5 primary ballot because it’s unconstitutional for Michigan to require that petition collectors be registered voters. The ACLU is suing on behalf of two of Conyers’ constituents, including Tiara Willis-Pittman, one of Conyers’ petition circulators whose signatures were tossed because she was deemed an unregistered voter at the time of collection. The lawsuit comes on the eve of a scheduled decision by Wayne County Clerk Cathy Garrett whether Conyers qualifies for the ballot. A clerk staff investigation released Friday found the Detroit Democrat has 592 signatures — 408 less than the 1,000 required to make the ballot for the 13th Congressional District. More than 640 signatures for Conyers, 84, were disqualified after a challenge by primary opponent the Rev. Horace Sheffield of Detroit resulted in a clerk office staff’s finding that the petition circulators were not registered voters as required by state law. Willis-Pittman, 19, had submitted 80 signatures.

Nevada: Judge hears challenges to Nevada voter ID measure | Las Vegas Sun News

Critics of a proposal pushed by conservative activist Sharron Angle to require photo identification to vote in Nevada argued Wednesday that the measure fails to inform voters of possible costs and doesn’t specify the types of identification that would be necessary. Marc Elias, a Washington, D.C., attorney, told Carson City District Judge James Russell that the description of the proposed constitutional amendment on the initiative “is extremely misleading” and falls short of legal mandates. The measure supported by Angle’s political action committee, Our Vote Nevada, would require voters to have photo identification to cast a ballot. It also would require the Legislature to direct government agencies to issue free cards to anyone who does not have valid, government-issued photo identification. After losing Nevada’s 2010 U.S. Senate race to Harry Reid, Angle said she was working on a documentary film to expose nationwide voter fraud. State election officials have said there is no evidence to support the allegations.

Nevada: Judge rewrites description of Nevada voter measure | Las Vegas Review-Journal

A state judge Wednesday rewrote a description that details the effect of a voter photo identification initiative backed by conservative activist Sharron Angle. After two separate hearings on challenges to the initiative’s wording, Carson City District Court Judge James Russell came up with his own language describing what the proposed constitutional amendment would do. Russell added words clarifying acceptable forms of identity to include state of Nevada or federal government documents, as opposed to “certain government-issued documents” included in the original petition that critics said was vague. The judge also tweaked language pertaining to “free” cards that would be issued to people without photo identification and added that the provision carries “a financial cost to the state.” All sides seemed pleased with the outcome. “We don’t think they are really significant changes,” Angle said afterward. Her group will refile the Voter ID Initiative adopting the judge’s language.

Arkansas: Voter ID law in Arkansas again found unconstitutional | Associated Press

An Arkansas judge on Friday again found the state’s new voter ID law to be unconstitutional but said there wasn’t enough time to prohibit officials from enforcing it during this month’s primary election. Pulaski County Circuit Judge Tim Fox ruled that the law requiring voters to show photo identification before casting a ballot violates the Arkansas Constitution. But Fox stayed his order, saying he did not believe there was time to stop the state from using the law for the May 20 primary because early voting is set to begin Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox told attorneys at the end of an hour-long hearing. Fox struck down the law in a separate case last week, but the state Supreme Court stayed that ruling while it considers an appeal of the decision. A spokesman for Attorney General Dustin McDaniel’s office said he planned to appeal Fox’s latest ruling against the law as well.

Arkansas: Judge again strikes down voter ID law; stay keeps law in effect | Arkansas News

For the second time in eight days, a Pulaski County circuit judge ruled Friday that an Arkansas law requiring voters to show photo identification at the polls is unconstitutional. Judge Tim Fox also stayed his order, leaving the law in effect. He noted that the state Supreme Court has stayed his April 24 ruling striking down Act 595 pending an appeal. The judge said he stayed his latest ruling for the sake of consistency because an appeal is “inevitable” and there is no time for the Supreme Court to decide whether to issue a new stay before early voting in the May 20 primary election begins Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox said. Fox issued his latest ruling in a lawsuit filed by the American Civil Liberties Union of Arkansas and the Arkansas Law Center on behalf of four Arkansas voters. He agreed with the plaintiffs that Act 595 imposes qualifications to vote in Arkansas that improperly go beyond the qualifications set forth in the Arkansas Constitution.

Georgia: After Wisconsin Voter ID Ruling, What’s Next For Georgia? | WABE

Could a recent ruling on the constitutionality of voter ID requirements affect Georgia’s law? That’s the question after a federal judge in Wisconsin earlier this week struck down a law requiring voters to show a state photo ID at polls, a policy in place in about half the U.S. states, including Georgia. In his ruling Tuesday, U.S. District Court Judge Lynn Adelman said Wisconsin’s voter ID law violates the U.S. Constitution and the Voting Rights Act, adding the law disproportionately affects minority and low-income individuals. Laughlin McDonald, director emeritus of the American Civil Liberties Union Voting Rights Project, said the future implications of the Wisconsin ruling are unclear, but called it “significant.”