Ohio: Civil rights advocates sue to stop restrictive early-voting law | Toledo Blade

Voting and civil rights advocates today sued in federal court to block a new state law that sliced a week off early voting as well as a secretary-of-state directive limiting voting hours. If the lawsuit is successful, it would again put decisions on setting hours for in-person early voting in the hands of 88 county boards of elections. Many of those four-member boards deadlocked 2-2 on early voting schedules in 2012, ultimately making Republican Secretary of State Jon Husted the tie-breaker. “I can’t speculate on what we may do,” Sean Young, attorney for the American Civil Liberties Union National Voting Rights Project, said when asked if they would intervene later at the county level. The suit against the GOP-passed bill was filed in U.S. District Court in Columbus by the voting rights project, the ACLU of Ohio, the League of Women Voters of Ohio, the National Association for the Advancement of Colored People, and several African American churches.

National: Wisconsin threw out voter ID Tuesday. It’s a fight still playing out in 12 other states. | Washington Post

A federal judge struck down Wisconsin’s voter ID law Tuesday, less than a week after a Circuit Court judge found Arkansas’ voter ID law unconstitutional. At least one more court decision should come down before November, but voting rights cases and legislation are brewing in plenty of other places worth keeping an eye on this year. Here’s a guide of what to watch — and where.

Arizona

A federal judge ruled in March that Arizona’s 2004 law requiring new voters who register by mail to prove documentation of U.S. citizenship was valid. The Supreme Court had invalidated part of Arizona’s law last year, after which the state joined up with Kansas, which passed its own proof-of-citizenship voter requirements last year. Supreme Court Justice Antonin Scalia wrote that the the 1993 National Voter Registration Act had mandated that states use the federal voter registration form, so Arizona’s more complicated form — which opponents say targeted the state’s large Latino community — is not valid. Voting expert Richard Pildes told NPR at the time, “What Justice Scalia has essentially said here for a substantial majority of the court is if you want modifications to these federal forms that have been required up till now, you have to go to this commission to get those modifications.” The decision in Arizona and Kansas’ case last month requires that Election Assistance Commission to modify the federal registration form to include Kansas and Arizona’s requirements, saying that the U.S. Constitution gives states the power to regulate elections. The case is heading to the 10th Circuit of Appeals later this year.

Arkansas: Attorney General files notice of appeal in Voter ID case | Associated Press

Arkansas’ attorney general told a state judge on Friday he plans to appeal a decision that struck down a new voter ID law, while a civil liberties group said it will move forward with a separate challenge to the requirement. Attorney General Dustin McDaniel’s office filed a notice of appeal over Pulaski County Judge Tim Fox’s ruling a day earlier that voided a new law requiring voters to show photo identification before casting a ballot. McDaniel is appealing the case to the Arkansas Supreme Court. Fox had issued the ruling in a case that focused on how absentee ballots are handled under the new law. A spokesman for McDaniel’s office and the chairman of the state Republican Party both said they planned to ask the court to stay Fox’s ruling. The GOP had been given permission to help defend the state in the absentee ballot case, and has filed a separate notice of appeal. The state’s primary is May 20, and early voting for that election begins May 5.

Arkansas: Judge voids Arkansas voter ID law | Associated Press

An Arkansas judge struck down the state’s new voter ID law on Thursday, saying it violates the state constitution by adding a requirement that voters must meet before casting a ballot. Pulaski County Circuit Judge Tim Fox voided the measure in a lawsuit over the way absentee ballots are handled under the law. A separate lawsuit had been filed last week directly challenging the law, which requires voters to show photo identification before casting a ballot. The law “is declared void and unenforceable,” Fox wrote in the ruling. The Republican-led Legislature approved the law last year, overriding a veto by Democratic Gov. Mike Beebe with a simple majority vote in the House and Senate. Backers of the measure said it was aimed at reducing voter fraud, while opponents said it would disenfranchise voters. A spokesman for Attorney General Dustin McDaniel, a Democrat, says the state Board of Election Commissioners has asked McDaniel’s office to appeal Thursday’s ruling, and it will do so.

Arkansas: May 2 hearing set in voter ID lawsuit | Arkansas News

A judge on Wednesday scheduled a May 2 hearing to consider motions in a lawsuit challenging a state law requiring voters to show photo identification at the polls. Wednesday also was the final day for attorneys to file briefs in a separate lawsuit over how absentee ballots should be handled under the law. Pulaski County Circuit Judge Tim Fox scheduled a hearing in a lawsuit alleging that Act 595 of 2013, which took effect Jan. 1, unconstitutionally burdens voters by subjecting them to requirements that go beyond the requirements set forth in the Arkansas Constitution. The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed the suit in Pulaski County Circuit Court last week on behalf of four Arkansas voters. This week, the plaintiffs filed a motion for a preliminary injunction to bar enforcement of the law before the May 20 primary and nonpartisan election.

Arkansas: Preliminary Injunction Sought In Voter ID Case | The Times Record

The plaintiffs in a lawsuit challenging Arkansas’ voter ID law said in a court filing Wednesday that they, and all Arkansas voters, will be irreparably harmed if a judge does not bar enforcement of the law before the May 20 primary and nonpartisan election. The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed the suit in Pulaski County Circuit Court last week on behalf of four Arkansas voters. The suit alleges that Act 595 of 2013, which requires voters to show photo ID at the polls, violates the Arkansas Constitution by imposing restrictions on voting that go beyond the restrictions provided in the constitution and by impairing the rights of Arkansans to vote.

Ohio: Case before U.S. Supreme Court could decide whether states can criminalize campaign lies | Cleveland Plain Dealer

The U.S. Supreme Court on Tuesday will hear arguments on an Ohio law that criminalizes deliberate lies about political candidates in a high-profile case that could overturn campaign speech restrictions around the nation. The controversy over whether Ohio’s law violates free speech has forged unlikely allies of the abortion-rights American Civil Liberties Union and the anti-abortion Susan B. Anthony List. It has also pitted Ohio Attorney General Mike DeWine against himself as he defends the law in his official capacity while criticizing the law in a separate court filing. Even political satirist P. J. O’Rourke has weighed in with a U.S. Supreme Court brief that claims “the law at issue undermines the First Amendment’s protection of the serious business of making politics funny. Laws like Ohio’s here, which criminalize ‘false’ speech, do not replace truthiness, satire and snark with high-minded ideas and ‘just the facts,’ ” it continues. “Instead, they chill speech such that spin becomes silence.” Violations of Ohio’s law against political lies are considered a first-degree misdemeanor, punishable by a penalty of up to six months in jail and a $5,000 fine.

Iowa: No voting for felons, secretary of state’s office says | Des Moines Register

Iowa felons will continue to be disqualified from voting, even after a court ruling this week indicated that some felonies may not rise to a level that should bar those convicted from voting or holding office. The Iowa Supreme Court ruled Tuesday that a second operating-while-intoxicated conviction, an aggravated misdemeanor, did not bar former state Sen. Tony Bisignano from running for state Senate again. Rival Democrat Ned Chiodo challenged Bisignano’s candidacy in the south-side Des Moines district, arguing that second-offense OWI was an “infamous crime” that would strip Bisignano of his voting and office-holding rights. In the ruling, Chief Justice Mark Cady wrote that Bisignano’s aggravated misdemeanor was not an “infamous crime.” Cady also wrote that the court should review in a future case whether some of Iowa’s 777 felony charges also might not rise to a level that would require stripping a person of voting rights.

Arkansas: Lawsuit challenges Arkansas voter ID law | Arkansas News

The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed a lawsuit Wednesday challenging Arkansas’ law requiring voters to show photo identification at the polls. The suit, filed in Pulaski County Circuit Court on behalf of four Arkansas voters, alleges that Act 595 of 2103 violates the Arkansas Constitution by imposing requirements on voting that go beyond the requirements established in the constitution and impairing the rights of Arkansans to vote. “People who have been qualified to vote their entire adult lives are now being blocked from doing so by this unnecessary and unconstitutional law,” Rita Sklar, executive director of the ACLU of Arkansas, said in a statement. “The Arkansas Constitution specifically outlines the qualifications needed to vote. The state should be ashamed of making it harder for eligible voters from exercising this most fundamental right than our own constitution requires.” State Sen. Bryan King, R-Green Forest, who sponsored Act 595, said the law addresses voter fraud.  “Requiring someone to present a photo ID is not shameful,” he said. “You have to do it to get on an airplane. You have to do it at a lot of basic functions that we operate in everyday life. Is it shameful that we have do require this for people that get on an airplane? That’s ridiculous.”

Kansas: ACLU lawsuit against Kobach returned to Kansas court | Associated Press

A federal judge agreed Tuesday with the American Civil Liberties Union that a state court should decide a lawsuit challenging Kansas Secretary of State Kris Kobach’s enforcement of the state’s voter-citizenship rule. The lawsuit attacks a policy Kobach said he was considering to restrict Kansans who use a national voter-registration form to casting ballots only in presidential, U.S. Senate and congressional races. The ACLU argued Kobach has no authority under Kansas law to impose the policy and it would violate voters’ right to equal legal protection under the state constitution. U.S. District Judge Eric Melgren in Wichita returned the case to Shawnee County District Court, where it initially was filed in November on behalf of two voters and the gay-rights group Equality Kansas.

Iowa: Matt Schultz to appeal decision invalidating voter registration rule | Des Moines Register

Iowa Secretary of State Matt Schultz will appeal the decision handed down last month nullifying rules his office wrote regarding voter registration. The Republican, who has made voter fraud investigations and ballot security efforts the centerpiece of his term in office, on Thursday asked the Iowa Supreme Court to review and overturn the March 6 ruling which said he exceeded his authority regulate elections in the state. At issue in the case, American Civil Liberties Union of Iowa v. Schultz, was a rule issued by Schultz’s office to identify and remove ineligible voters from the state’s voter rolls. The rule outlined a process for identifying and removing non-citizens from Iowa’s voter registration list first by screening registered voters against state and national lists of non-citizens and then running suspected foreign nationals through a federal citizenship database. Voters identified as ineligible were then to be referred to their local county auditor, who would initiate a challenge to their registration.

Pennsylvania: ACLU seeks info on Pennsylvania voter roll purge | Associated Press

A civil-rights group raised questions Tuesday about Pennsylvania’s participation in a program designed to help purge voters with duplicate registrations in different states. Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania, said state officials have rebuffed his requests for details about how rigorously state officials will oversee the purging of voter rolls under the Interstate Voter Registration Crosscheck Program. “Cleaning voter-registration rolls of inaccurate and duplicate information is important, but it must be achieved in a way that does not improperly or wrongly purge voters from the rolls,” Walczak said in a letter to Pennsylvania Secretary of State Carol Aichele.

North Carolina: Federal judge rules correspondence, emails over voter ID law a public record | Charlotte News Observer

The North Carolina legislative leaders who led the crafting of the state’s new voter ID law will have to turn over some of their correspondence and email messages to voters and organizations challenging the wide-ranging amendments, according to a federal court ruling. U.S. Magistrate Judge Joi Elizabeth Peake issued a ruling on Thursday that addresses an attempt by lawmakers to quash subpoenas seeking email, correspondence and other documents exchanged while transforming the state’s voting process. In a court hearing earlier this year, attorneys for 13 Republican legislators tried to turn back efforts to get the correspondence released.

California: State will send voter forms to insurance enrollees | Associated Press

The state of California has agreed to mail voter registration forms to nearly 4 million people who have signed up for insurance through its health care exchange after a threat of a lawsuit, the American Civil Liberties Union said Monday. The ACLU of California and others said they threatened to sue the state for failure to comply with the National Voter Registration Act, also called the Motor Voter Act. The law is designed to make it easier for voters to register by requiring there to be opportunities to apply at offices that provide public services. The ACLU said Covered California had provided no opportunities since it launched Oct. 1. The mailings must be completed by May 5.

Ohio: Cincinnati case garners attention before SCOTUS hearing | USAToday

What could bring together the American Civil Liberties Union, the Cincinnati anti-tax group COAST and one-time National Lampoon editor P.J. O’Rourke? How about a four-year-old Cincinnati political brawl turned Supreme Court case that touches on everything from abortion to Obamacare to the First Amendment? At its heart, the case is a constitutional challenge to an Ohio law that bars lying about candidates during an election. In arguments set for next month, the Supreme Court will consider a narrower question, but the legal tussle has already generated some surprising twists and turns. So how many Pinocchios does the Ohio law allow?

Iowa: Judge strikes down Iowa Secretary of State Matt Schultz’s voter purge efforts | Omaha World Herald

Iowa Secretary of State Matt Schultz did not have the authority to create a new rule aimed at ridding voter registration rolls of voters who didn’t appear to be U.S. citizens, a judge said Wednesday. Polk County Judge Scott Rosenberg ordered the rule stricken and said Iowa’s secretary of state is “enjoined from taking any action” pursuant to the rule. Rosenberg gave a victory to the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which sued Schultz over the rule, saying it could intimidate or unfairly deny votes to immigrants. Schultz tried to pass it as an emergency rule just before the November 2012 general election. Another judge halted the rule before the election, concluding that it created confusion and mistrust in the voter registration process.

Iowa: Judge blocks rule canceling voter’s registration | Times Republican

Iowa Secretary of State Matt Schultz did not have the authority to create a new rule aimed at ridding voter registration rolls of voters who didn’t appear to be U.S. citizens, a judge said Wednesday. Polk County Judge Scott Rosenberg delivered a victory to the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which sued Schultz over the rule. He tried to pass it as an emergency rule just before the November 2012 general election. Another judge halted the rule before the election, concluding that it created confusion and mistrust in the voter registration process. Schultz, however, proceeded to pass a similar rule through the regular rulemaking process last year but it too was halted by Rosenberg, who in September issued a temporary injunction preventing Schultz from acting on it until the court could further review the legal questions. Rosenberg said then that the rule would have a chilling effect on the right to vote and could cause irreparable harm.

Iowa: Court throws out secretary of state’s controversial voter registration rule | The Des Moines Register

A Polk County court has struck down a controversial rule issued by Iowa Secretary of State Matt Schultz meant to identify and remove ineligible voters from the state’s voter rolls. Judge Scott D. Rosenberg found that Schultz, a Republican who has built his reputation and focused his office on ballot security issues, exceeded his authority in adopting the rule. The order invalidates the rule and assesses costs associated with the case to Schultz’s office. A spokesman for the secretary said his office plans to appeal. The rule at issue set out a process for identifying and removing non-citizens from Iowa’s voter registration list first by screening registered voters against state and national lists of noncitizens and then running suspected foreign nationals through the federal Systematic Alien Verification for Entitlements database. Voters identified as ineligible would then be referred to their local county auditor, who would initiate a challenge to their registration.

Ohio: Husted cuts early voting method favored by blacks | MSNBC

Ohio Secretary of State Jon Husted announced Tuesday he is cutting early voting on Sundays and weekday evenings, dealing another blow to the voting rights effort in the nation’s most pivotal swing state. Husted’s change would spell doom for a voting method that’s popular among African-Americans in Ohio and elsewhere. Many churches and community groups lead “Souls to the Polls” drives after church on the Sunday before the election. There’s little doubt that cuts to early voting target blacks disproportionately. In 2008, black voters were 56% of all weekend voters in Cuyahoga County, Ohio’s largest, even though they made up just 28% of the county’s population. “By completely eliminating Sundays from the early voting schedule, Secretary Husted has effectively quashed successful Souls to the Polls programs that brought voters directly form church to early voting sites,” said Mike Brickner, a spokesman for the Ohio American Civil Liberties Union, in an email.

National: Bill mandates no-excuse absentee ballots in federal elections | NBC

Voting-rights activists are hoping the hype around this year’s midterm elections will give new energy to a bill intended to make it easier to vote. The bill would mandate no-excuse absentee voting in federal elections, a provision currently allowed for voters in 30 states. Twenty others only allow absentee ballots to be cast if certain excuses are offered. “We think this is fundamentally unfair and invasive to people’s privacy,” says Deborah Vagins, senior counsel for the American Civil Liberties Union.

Canada: Conservatives’ proposed election reform prompts note of caution from the U.S. | Toronto Star

A participant in the bruising American battle over voting rights warns that Canada is treading on dangerous ground with its proposed electoral reforms. One of the lawyers who helped strike down the voter ID law in Pennsylvania last month says legislation tabled by the Harper government will inevitably wind up depriving some people of their voting rights. That’s why any change to voting requirements should be made with the strictest care, in the spirit of achieving more accurate election results, said Witold Walczak, legal director of the American Civil Liberties Union for Pennsylvania. That warning comes from a country where voting rights are an especially emotional subject, for obvious historical reasons. Americans know the issue well. And the impact of ID rules has been studied extensively, re-emerging in recent years as a hotly debated partisan issue. Multiple academic studies point to an impact on turnout, especially among specific demographic groups: the young, the poor, and minorities.

California: Prison Realignment Complicates Voting Rights For Felons | KPBS

California’s prison realignment effort has drawn up a complicated matrix of detention options for felons, and with it a lot of confusion about which ones can vote. It’s the subject of a lawsuit alleging the state has unconstitutionally stripped nearly 60,000 Californians of their right to vote. The American Civil Liberties Union of California and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed the petition in Alameda County Superior Court on Tuesday. The suit is on behalf of the League of Women Voters of California and three individuals who cannot vote under new rules enacted in response to realignment. The state constitution prohibits from voting people who are “imprisoned or on parole for conviction of a felony.” The language was clear when offenders fell under two categories: the state’s responsibility or a California county’s responsibility. But realignment has created a hybrid system, putting low-level felons who would have otherwise gone to prison under county supervision, through jail or probation.

California: Secretary of state sued over criminals’ voting | Associated Press

Voting and civil liberties groups sued Secretary of State Debra Bowen on Tuesday over a decision she made in 2011 that said tens of thousands of criminals who are serving their sentences under community supervision are ineligible to vote. The American Civil Liberties Union, League of Women Voters, Lawyers’ Committee for Civil Rights and other groups filed the lawsuit in Alameda County Superior Court on behalf of nearly 60,000 convicts who are sentenced either to mandatory supervision or post-release community supervision. It’s the second lawsuit challenging Bowen’s interpretation of the 2011 criminal justice realignment law, which is designed to ease overcrowding in state prisons by sentencing those convicted of less serious crimes to county jails or alternative treatment programs.

North Carolina: Lawmakers try to quash subpoenas that seek details about voter ID law | Charlotte Observer

North Carolina legislative leaders who led the crafting of the state’s new voter ID law have been very open about their support of the measure and other elections changes. But voters and organizations challenging the wide-ranging amendments contend that those same lawmakers are being far too private about email and other correspondence they exchanged while transforming the state’s voting process. Critics of the voting-law changes say that its Republican sponsors had information that the legislation would have a negative impact on African-Americans and other minorities. In federal court filings this month, the NAACP, the League of Women Voters of North Carolina, the American Civil Liberties Union, the U.S. Justice Department and others who are suing the governor, state legislators and North Carolina election board members sought a court order for email and other correspondence. Thirteen legislators, all Republicans, asked the court to quash subpoenas requiring them to produce any documents they created or received concerning the “rationale, purpose and implementation” of House Bill 589.

Iowa: Iowa governor restores more felons voting rights | Associated Press

Gov. Terry Branstad restored voting rights to more convicted felons in 2013 than in the prior two years combined, but they represent a tiny fraction of the thousands of former offenders who can’t vote because of a 2011 policy change the governor ordered, according to a review by The Associated Press. Branstad used his power of executive clemency to restore the right to vote and hold public office to 21 offenders who applied in 2013, compared to 17 in 2012 and two in 2011, according to data released by the governor’s officer under the public records law. Those receiving clemency included people convicted of theft, burglary, drugs, firearms and harassment charges, records show. The increase comes after the governor’s office made the application process easier in December 2012 in response to criticism from voting rights groups, who argued it was too onerous and perhaps the toughest in the nation. Acknowledging such criticism, Branstad removed requirements that applicants submit a credit history check and that all court-ordered restitution be paid to victims in full before they apply.

California: Anaheim settles minority voting rights lawsuit; residents will weigh in on electoral changes | Associated Press

Anaheim on Tuesday approved a settlement in a voting rights lawsuit that challenged its citywide elections as unfair to the city’s Hispanic majority. Under the settlement, the plaintiffs’ claims will be dismissed and Anaheim residents will vote in November on whether to change the city charter to a district system, which supporters and judges have said is more fair to minority voters, the city announced in a statement. The city didn’t admit in the deal that its current system violates the California Voting Rights Act, under which the American Civil Liberties Union brought the lawsuit on behalf of three residents. City Attorney Michael R.W. Houston said it will allow changes to the system to be decided by voters, “not through court-ordered mandates and judicial oversight of the City’s electoral system.”

Iowa: Felon question taken off Iowa voter forms | The Des Moines Register

Iowa is moving to revise its voter registration application to help clear up widespread confusion over felons’ voting rights, according to an administrative rule published Tuesday. The change, adopted by a bipartisan commission, would remove a question that some voters have erroneously marked indicating they are felons without the right to vote. Another revision would explain that convicted felons aren’t qualified to vote until they have their rights restored by Gov. Terry Branstad. Prospective voters still would have to attest that they are not felons without voting rights when signing the application. If the changes go into effect, as expected, a new application will be in use starting April 9. The state will gather public comment on the proposed changes through Jan. 28, and a legislative rules committee will review them in February.

Kansas: Voter citizenship law facing new scrutiny | Associated Press

A proof-of-citizenship requirement for Kansas voters is likely to come under attack once the Legislature opens its annual session, but the debate over the policy championed by Secretary of State Kris Kobach also will play in out in federal court and his re-election campaign. The law took effect at the start of the year and requires new voters to produce a birth certificate, passport or other documentation of their U.S. citizenship when registering. As the year ends, more than 19,000 Kansas residents find their registrations on hold — keeping them from legally casting ballots — because they haven’t complied. Several Democratic lawmakers have proposed rewriting or repealing the proof-of-citizenship law, and even some of Kobach’s fellow Republicans in the GOP-dominated Legislature want to look for ways to shrink the list of affected voters. Former state Sen. Jean Schodorf, the expected Democratic challenger for Kobach, is calling on legislators to audit how Kobach’s office has administered the law once they convene Jan. 13.

North Carolina: Round one in the battle over voting rights in North Carolina | The Herald-Sun

Parties in the three federal lawsuits challenging voting law changes signed into law here in August will appear before U.S. District Judge Thomas Schroeder on December 12 to map out a schedule for proceedings moving forward. And while they’ve reached agreement on some preliminary litigation matters, the parties are not budging on one critical date: when the case should be tried. Those challenging the voting changes, including the North Carolina State Conference of the NAACP and the League of Women Voters, say in papers filed with the court yesterday that all preliminary proceedings can be completed in time for a trial in the summer of 2014. That timing would ensure that changes set to take effect in January are reviewed by the court before the 2014 midterm elections. But the state defendants claim that such a schedule is unrealistic and are asking for a trial in the summer of 2015.

Kansas: Kansans May Be Able To Vote For President But Not Governor | KMUW

On January 1, 2013 a new law went into effect in Kansas.  The law requires new voters to prove their U.S. citizenship in order to register.  As a result of the new regulations, more than 17 thousand Kansans, including more than 3,900 potential voters in Sedgwick County, remain in “suspended” status for failing to provide a birth certificate or other qualifying document when registering. Kansas Secretary of State Kris Kobach authored the Secure and Fair Elections Act. Kobach says most people don’t carry birth certificates around, the law was written in a very permissive way. It allows applicants to take their time to complete their registration. … Doug Bonney of the American Civil Liberties Union of Kansas says the proof of citizenship document is unnecessary and that the problem does not really exist. “There just isn’t that type of fraud,” Bonney said. “People do not show up at the election authorities and try to register to vote when they’re not citizens, so there’s no need for this.”