Editorials: Voting Rights Of Black Americans Trampled By ‘New Jim Crow,’ Civil Rights Advocates Say | Huffington Post

By most standards, Desmonde Meade is an overachiever. The 46-year-old is a fourth-year law student at Florida International University. He made the 2013 dean’s list. And he’s about to start working as a regional coordinator for a national anti-violence organization. But, barring some unforeseen policy change, he won’t ever get the chance to practice law in his state. And this promising, African-American law student isn’t allowed to vote. Nearly two decades ago, after a struggle with drugs and alcohol led to a series of run-ins with the law, Meade served three years in prison. In 2005, he checked himself into a substance abuse program and stopped using drugs. Yet, because of a policy adopted by Florida Gov. Rick Scott in 2011, he is prohibited not only from voting, but also from serving on a jury and becoming a member of the Florida bar. “I was in prison because I had an addiction to drugs and alcohol,” he said. “Should I be ostracized for the rest of my life because I fell victim to the grip of addiction? No. Should I pay the price for any crimes I committed? Yes, I should pay the price. But once I serve my time, I’m still an American.”

Editorials: Voting Rights Act Decision Poses a Crucial Test for Republicans | The Daily Beast

If you’ve read a magazine at any point in the last decade, then you’ve probably heard of the Stanford marshmallow test. A young child is placed at a table with a marshmallow and told that she can eat it now or wait a while and get an even better treat. The experiment is supposed to measure a child’s capacity for delayed gratification. The longer she can wait, the more likely it is she has good impulse control, and that is associated with better life outcomes, as measured by health and educational attainment. In overturning Section 4 of the Voting Rights Act—which sets down a formula for identifying which state and local governments have to preclear changes to voting law with the federal government—the Supreme Court has all but placed a huge marshmallow in front of the Republican Party. But instead of a sugary treat, it’s an opportunity to pursue harsh new restrictions on voting—the kinds of policies that would have been blocked under the Voting Rights Act before the court’s ruling.

Editorials: Virginia’s Restoration of Voting Rights: An American Issue | Orlando Sentinel

If we want to understand the importance of Virginia Governor Bob McDonnell’s recent voting rights reform, we need to look back all the way to the 1901-1902 Virginia Constitutional Convention. The setting was Richmond, Virginia, June 1901. The Virginia Democratic Party had decided that African-Americans were gaining too much political clout after the Civil War. They forced a constitutional convention to reset the balance of power. Virginia Delegate Carter Glass, a newspaper magnate and future United States senator, took to the podium to promote his plan for the new constitution. It was a classic example of the Jim Crow black codes, and it included a “felony disenfranchisement” law that barred people convicted of a felony from voting in the state. Delegate Glass’s words that day still echo one hundred years later: “This plan will eliminate the darkey as a political factor in this State in less than 5 years, so that in no single county…will there be the least concern felt for the complete supremacy of the white race in the affairs of government.” That plan eventually became part of Virginia’s Constitution and systematically disenfranchised voters of color for over a century. Until last week, the law still impacted more than 350,000 Virginians who were no longer incarcerated, including 190,000 black would-be voters.

Editorials: North Carolina bill prolongs unfair disenfranchisement of ex-felons | Charlotte Observer

Proponents of felony disenfranchisement laws tell us these laws are only an extension of the justice system. People like Hans A. von Spakovsky, of the conservative Heritage Foundation, say that people with former felony offenses must prove themselves and that the right to vote should not be a “freebie.” But what the rhetoric does not mention is that felony disenfranchisement is not about crimes or justice, it is about suppressing the right to vote, particularly for African-American males. History tells the story. During the Reconstruction Era the black electorate expanded. Freedmen were voting at higher rates and the color of elected officials was shifting.

Philippines: Poll integrity questioned – CBCP Notes Large-Scale Vote-Buying, Disenfranchisement, Transmission Failures | Manila Bulletin

Catholic Bishops’ Conference of the Philippines (CBCP) president Cebu Archbishop Jose Palma yesterday asked the Commission on Elections (Comelec) to seriously address questions raised regarding the conduct of the May 13 midterm polls. The Comelec should particularly explain why the second automated polls seemed to be “out of tune,” Palma said. He issued the call a day after the CBCP National Secretariat for Social Action (Nassa) issued a statement questioning the last elections. On Tuesday, the Catholic Church’s social action arm said the May elections was a “mockery of our democracy” and the results were “questionable, citing the large-scale vote-buying, disenfranchisement of voters, malfunction of voting machines, corrupted compact flash cards, and transmission failures among others. “Nassa is not blind to the glaring discrepancies and election violations, the highly-suspicious interventions during the canvassing, and the possible manipulation of election results during the lull hours of transmission, canvassing and consolidation of votes,” the statement reads. “In principle, there are many valid points raised because a lot of people thought the elections were okay, but we all know that like in music it was out of tune, which puts into question so many things,” said Palma.

Arizona: Senate leaders move to revive election bills | San Francisco Chronicle

Arizona Senate leaders resurrected a handful of election bills Tuesday that had been stalled amid opposition from Democratic lawmakers and civil rights groups worried about voter disenfranchisement. Senate President Andy Biggs unveiled the election omnibus bill that mirrors a handful of election bills proposed earlier in the legislative session. The bills had previously failed to gain traction in the GOP-led Legislature. The omnibus bill would allow county election officials to remove voters from the permanent early voting list if they didn’t vote by mail in the two most recent general elections. Voters could stay on the list if they returned a completed notice within 30 days confirming their intent to vote by mail in the future. Local elected officials proposed the change because too many voters were showing up at local precinct places to vote after receiving mail ballots, creating concerns about voter fraud.

Michigan: Flint black leaders say emergency manager law violates African Americans’ voting rights | MLive.com

Flint is one of the majority black cities where citizens’ voting rights are violated under the state’s emergency manager law, according to a lawsuit filed by the Detroit Branch of the NAACP against Gov. Rick Snyder and other top state officials. The president of the Flint Branch of the NAACP agrees with the claims. “We do feel like it’s a violation of the Voting Rights Act, we feel it’s a disenfranchisement of the voters,” said President Frances Gilcreast. The law allows the state to appoint emergency managers who have broad powers to override decisions of local elected officials.

Virginia: Equal Protection Challenge to Virginia’s Felony Disenfranchisement Provision Survives Summary Judgment | State of Elections

The US District Court for the Eastern District of Virginia on Friday granted the State’s summary judgment motion on substantive and procedural due process challenges to Virginia’s voter reinstatement process for convicted felons, as well as an Eighth Amendment challenge to the disenfranchisement of felons as cruel and unusual punishment. The court did, however, deny summary judgment on El-Amin’s Equal Protection challenge of lifetime felon disenfranchisement in Virginia.

New York: Bronx Offers Case Study Over Future of Voting Act | NYTimes.com

Emerging from the bloody protests in Selma, Ala., the Voting Rights Act was initially heralded as a declaration that the federal government would no longer tolerate the open racism of the segregated South. But this narrow mandate to monitor elections in six Southern states grew quietly over the years, extending to unexpected corners of the country, including the Bronx. Jose Comacho, a Bronx grocer, sued unsuccessfully in 1958 to have the English literacy test removed as a voting requirement. The borough landed on the list of places to be monitored more than four decades ago, along with Brooklyn and Manhattan, when the statewide English-language literacy test required of voters suppressed participation in Hispanic and black neighborhoods around the city to rates low enough to prompt federal intervention. That test, then used by the local political machine to hold on to power as the minority population swelled, is long gone, but the federal oversight has remained. As the Supreme Court reviews a section of this landmark measure that requires federal approval of changes to voting procedures, with members of the court’s conservative majority suggesting last week that it could be time to end it, the Bronx offers a case study into arguments for and against continuing the half-century effort to monitor elections through a racial prism.

Editorials: New York Should Hate the Voting Rights Act | Slate Magazine

Next week, the Supreme Court will hear oral arguments in the highly anticipated case Shelby County, Ala. v. Holder. At stake is the constitutionality of Section 5 of the Voting Rights Act, the provision that requires jurisdictions with histories of voter suppression and disenfranchisement to “preclear” any proposed change in electoral procedures with federal authorities before implementation, in order to ensure that they have no discriminatory effects. Unsurprisingly, many of the jurisdictions covered by Section 5 have lined up with Shelby County, urging the court to strike down a provision they believe punishes them for the sins of their grandfathers. Pro-Shelby County amicus briefs, which allow interested third parties to weigh in on the constitutional issues at hand, have been filed by the Republican attorneys general of Alabama, Alaska, Arizona, Georgia, South Carolina, South Dakota, and Texas. But a handful of covered jurisdictions have weighed in on the other side. Most notable among them is New York City, which asserts that Congress is within its constitutional authority to subject the city to special procedures on account of discrimination dating back nearly a century. The reasons why Southern states like Alabama and Georgia are covered by Section 5 are well known. At the close of Reconstruction, the resurgent white elite in these states relied on dastardly legal strategies and violence, up to and including outright murder, to keep African-Americans from voting, especially in the majority-black counties that blanket the Deep South. In other historically majority-minority sections of the country, native-born whites used similar albeit generally less violent voter suppression schemes to keep Latinos from voting, in states like Arizona and Texas, and Native Americans from casting ballots, in places like Alaska and South Dakota.

National: The Great Gerrymander of 2012 | NYTimes.com

Having the first modern democracy comes with bugs. Normally we would expect more seats in Congress to go to the political party that receives more votes, but the last election confounded expectations. Democrats received 1.4 million more votes for the House of Representatives, yet Republicans won control of the House by a 234 to 201 margin. This is only the second such reversal since World War II. Using statistical tools that are common in fields like my own, neuroscience, I have found strong evidence that this historic aberration arises from partisan disenfranchisement. Although gerrymandering is usually thought of as a bipartisan offense, the rather asymmetrical results may surprise you. Through artful drawing of district boundaries, it is possible to put large groups of voters on the losing side of every election. The Republican State Leadership Committee, a Washington-based political group dedicated to electing state officeholders, recently issued aprogress report on Redmap, its multiyear plan to influence redistricting. The $30 million strategy consists of two steps for tilting the playing field: take over state legislatures before the decennial Census, then redraw state and Congressional districts to lock in partisan advantages. The plan was highly successful.

Editorials: Republican Redistricting in Virginia: The Three-Fifths Compromise | The Root

GOP leaders in Michigan, Wisconsin and Pennsylvania — all blue states with Republican governors — have expressed interest in the electoral changes. But as Bloomberg columnist Albert Hunt writes, “If this sort of political coup had been pulled off earlier, instead of celebrations on the streets of Washington during last week’s presidential inauguration, there would have been violent protests.” Indeed. And African Americans may well have led the fight. This kind of disenfranchisement isn’t new to the black community, and its long, dark history has left too many scars to go unnoticed. Republicans were equally bold in their attempts to undermine minority votes ahead of the 2012 elections. Pennsylvania’s House Republican leader Mike Turzai declared that a voter-ID law would “help Mitt Romney win” — ostensibly by disenfranchising African Americans, college students and the elderly. In Ohio, a senior Republican official fought against extensions to voting hours, writing in an email that such a move would only serve the “urban — read African-American — voter turnout machine.”

National: From Arizona to Montana, Native Voters Struggle for Democracy | The Nation

Leonard Gorman is a man of maps. He heads the Navajo Nation’s Human Rights Commission, which among other responsibilities, is charged with protecting and promoting Navajo voters’ rights to choose candidates who will reasonably represent their interests. He and his team all work out of their trailer office in Window Rick, Arizona—the Navajo Nation’s capitol—where they chart data that they’ve collected on the potential impacts of redistricting on the Navajo Nation. The first map Gorman’s team submitted to the Arizona Redistricting Commission resembled the letter J, encompassing the edge of Arizona’s eastern border and curving up towards the west. Although that map included large portions of Arizona’s Native population, the Navajo Nation later opted out of it because Arizona’s hardline anti-immigrants liked it too much. It included large southern border areas, where white conservative ranchers are more likely to vote Republican and would have infringed on Arizona’s growing Latino districts. “We immediately learned that the J map was playing into the extreme right position,” explains Gorman.

Voting Blogs: Spotlight on Ohio: Steps to Cure Disenfranchisement by Typo | Brennan Center for Justice

In the run up to the 2012 election (as in every presidential election since at least 2004), Ohio was again at the center of controversy. On early voting, provisional ballots, and more, the Ohio Secretary of State’s office took positions that we strenuously opposed because they would make it more difficult for Ohioans to cast ballots that would be counted. But this post isn’t about those controversies.  It’s about an important step taken by the Ohio Secretary of State’s Office to ensure the ballots of legitimate voters were counted.  It’s worth highlighting because it didn’t receive any coverage, yet it’s an important example for other states to follow.

Ohio: Federal judge rips Jon Husted for unconstitutional change to Ohio election rules | cleveland.com

A federal judge blasted Ohio’s elections chief on Tuesday, questioning his motives for setting new vote-counting rules that violated state law just days before the presidential election. In a scathing 17-page ruling, U.S. District Judge Algenon Marbley said a directive on counting provisional ballots that Ohio Secretary of State Jon Husted issued on Nov. 2 was “a flagrant violation of a state elections law” that could disenfranchise voters. “The surreptitious manner in which the secretary went about implementing this last minute change to the election rules casts serious doubt on his protestations of good faith,” Marbley wrote.

National: Voting Limits Caused Less Chaos This Year Than Epic Lines | TPM

There was confusion about a voter ID law in Pennsylvania, widespread use of provisional ballots in Ohio and problems for college students voting in Florida on Election Day. But the systematic, widespread voter disenfranchisement that some voting rights advocates had feared didn’t come to fruition in 2012. Instead, advocates said the largest issue for voters on Election Day was the problem of long lines at overwhelmed polling places, including locations in several key swing states like Virginia, Ohio, Nevada and Florida. President Barack Obama even raised the issue in his acceptance speech early Wednesday morning, thanking voters who “waited in line for a very long time” and adding “we have to fix that.”

Editorials: Voter ID Laws Saw a Setback this Week, But the War Rages On | WNYC

Six weeks ago, the Pennsylvania Commonwealth Court issued a wrongheaded ruling upholding that state’s new voter ID law. On appeal, however, the Pennsylvania Supreme Court sent the case back for further review.  This time, the Commonwealth Court Judge Robert E. Simpson, Jr., has arrived at a slightly more rational rationale. The decision he issued last Tuesday should greatly reduce the risk of disenfranchising hundreds of thousands of registered Pennsylvania voters—those who happen not to drive, for example, or have not otherwise needed a state-issued photo identification card before this election cycle. Let’s be clear precisely which voters we are talking about: Poor voters. Elderly voters. Black and brown voters. Students. Voters who are ill or infirm. With Judge Simpson’s new ruling, these folks will not be forced to travel to state bureaucratic offices, simply to wait in line for hours, all for a card they will use only for one purpose – to exercise their right to vote.

Pennsylvania: Voter ID issue is far from resolved | Boston.com

Just because opponents of Pennsylvania’s new law requiring voters to show photo identification won a preliminary injunction in court doesn’t mean the issue or the court case is going away. The law itself has not cleared the constitutional challenges before it, and indications from the state Supreme Court are that the law still faces significant legal problems. Meanwhile, the hubbub over the divisive law has awakened new Democratic Party volunteers and prompted the formation of the 175-group Voter ID Coalition. The Democratic Party and the coalition both said Wednesday they will shift their education campaigns to reflect a judge’s day-old decision that voters will not, after all, be required to show photo ID at their polling place. ‘‘The issue remains, the law remains,’’ said Joe Grace, a Philadelphia-based spokesman for the Voter ID Coalition. ‘‘It will have to be dealt with after Election Day, but it is simply not a factor when people go to the polls on Nov. 6 unless there’s confusion.’’

Ohio: Voter laws: the battle over disenfranchisement you haven’t heard about | Slate

Fights over new tough voting restrictions, imposed mostly by Republican legislatures and elections officials, are finally getting the national attention they deserve: Thank you, Sarah Silverman, for your video, expletives and all, about new and controversial voter identification laws. But an appeal being argued today by telephone, SEIU v. Husted, has remained obscure—even though if the election goes into overtime in Ohio, it could be key to the resolution of the presidential election. At issue are potentially thousands of Ohio ballots that the state will not count solely because of poll worker error. Here’s the problem: A number of the state’s polling places, especially in cities, cover more than one voting precinct, and in order to cast a valid vote, a voter has to be given the correct precinct ballot. Poll workers, however, often hand voters the wrong precinct ballot mistakenly. In earlier litigation involving a disputed 2010 juvenile judge race in Hamilton County, Ohio, a poll worker testified to sending a voter whose address started with the numbers “798” to vote in the precinct for voters with odd-numbered addresses because the poll worker believed “798” was an odd number. This “right church, wrong pew” problem with precinct ballots was a big problem in 2008, when over 14,000 such ballots were cast.

National: Potential voter registration fraud in Florida: GOP’s own ‘ACORN’ scandal? | CSMonitor.com

The Republican Party promptly fired a voter registration contractor this week after the firm, Strategic Allied Consulting, turned in illegible, incorrect, and falsified voter registration forms to Florida election officials. Saying the party has “zero tolerance” for voter fraud, the GOP also filed complaints against the company with the Florida Secretary of State’s office. The company, run by long-time GOP operative Nathan Sproul, says a single employee was responsible for the forged signatures, though the problem, by Friday, had spread to 10 counties. “This is an issue we take extremely seriously,” RNC spokesman Sean Spicer told CBS News. “When allegations were brought to our attention we severed all ties to the firm.” While reasonable, those explanations could have trouble finding traction among the US electorate, which has watched battles erupt in mostly swing states from Florida to Ohio over control of voter rolls, and heated debates about potential disenfranchisement of key Democratic constituencies, poorer, minority, and elderly voters.

Pennsylvania: Judge crafting a way to keep Pennsylvania voter ID law and allow people to vote | Pittsburgh Post-Gazette

The state appellate judge overseeing a new hearing on the voter ID law suggested as arguments closed this afternoon that he is considering halting a narrow section of that controversial law. Commonwealth Court Judge Robert Simpson interrogated attorneys from both sides as to how he could alter the photo identification requirement to prevent voter disenfranchisement. He focused largely on the section stating that anyone without a photo ID would be able to vote by provisional ballot, and that the ballot would be counted if they can show photo ID within six days of the election. “Provisional ballots seem to be the sticking point,” Judge Simpson said. “It’s not the smoothest part of [the law].”

Pennsylvania: Pennsylvania Photo ID May Be Headed Back to Supreme Court | Brad Blog

On Friday, Sept. 28, attorneys representing the petitioners in a lawsuitchallenging the legality of Pennsylvania’s draconian polling place Photo ID law filed a 26-page Post Hearing Brief [PDF] in which they counseled Commonwealth Judge Robert E. Simpson not to defy the state Supreme Court by issuing alimited injunction that could force a minimum of 90,000, but perhaps as many as 1.6 million voters, who lack the requisite Photo IDs, to cast provisional ballots during the Nov. 6, 2012 election. The brief was filed one day after Judge Simpson informed the parties that, despite evidence that there was no conceivable means by which the Commonwealth could supply all of the otherwise eligible voters with the requisite Photo IDs before the Nov. 6 election, he was inclined to enjoin only that portion of the Photo ID law’s provisional ballot section that contains disenfranchising language.

Pennsylvania: Judge may allow most of voter-ID law | Philadelphia Inquirer

A Commonwealth Court judge said Thursday that he was considering allowing most of the state’s controversial voter-identification law to remain intact for the November election and was contemplating only a very narrow injunction. Judge Robert E. Simpson Jr. said at the end of the second and last day of a hearing on whether to halt voter-ID requirements for the Nov. 6 election that he was considering an injunction that would target the portion of the law that deals with provisional ballots. As written, the law says voters who do not bring proper photo ID on Election Day can cast a provisional ballot. They would then have six days to bring in the required photo ID for their votes to count.

Pennsylvania: Weeks before election, Pennsylvania voter ID law back in court | Reuters

A judge who will decide whether Pennsylvania’s new voter-identification law should be blocked heard testimony on Tuesday from one witness who said fears that the measure placed an unfair burden on residents were overblown. The witness, Kurt Myers, a deputy secretary for the Pennsylvania Department of Transportation, said about 11,000 voters have gotten the mandated ID cards at the center of the controversial law and thousands more were set to get theirs before the November 6 election. “We’re in the business of issuing IDs, not denying IDs,” Myers told Commonwealth Court Judge Robert Simpson.

Pennsylvania: Voter ID Law In Jeopardy As Next Court Case Opens | Huffington Post

The state of Pennsylvania’s ability to get every would-be voter a government-issued photo ID by Election Day will literally be on trial Tuesday. The hearing before Commonwealth Judge Robert Simpson comes after the state Supreme Court last week instructed him to block a new law requiring ID at the polls unless he determines “that there will be no voter disenfranchisement” arising from its implementation. Opponents of the law have said the state can’t possibly prove that case, as the law’s entire reason for existence is precisely to make it harder for the poor, members of minority groups, students, and the elderly to cast their ballots, and in that way suppress the Democratic vote. Republican backers of the law have said it was intended to fight voter fraud. But in-person voter fraud — the only kind voter ID would reduce — is almost nonexistent.

Pennsylvania: Court Reconsiders Voter ID Availability | Businessweek

The Pennsylvania judge who last month upheld a law requiring voters to show photo identification is scheduled today to hear arguments over whether people will be able to comply before the general election in November. The Pennsylvania Supreme Court Sept. 18 ordered Commonwealth Judge Richard E. Simpson to consider whether all eligible voters will be able to obtain acceptable ID if the law is upheld. Simpson ruled Aug. 15 that plaintiffs including the American Civil Liberties Union hadn’t proved the law would disenfranchise voters. The state high court asked Simpson to submit a supplemental opinion on the availability of alternate IDs by Oct. 2.

Pennsylvania: Sponsor Of Voter ID Law Defends Romney, Says ‘Lazy’ People Also Shouldn’t Vote | ThinkProgress

As Pennsylvania’s strict voter ID law returns to the lower court for reconsideration, its original sponsor, Rep. Daryl Metcalfe (R-PA), told KDKA Radio Wednesday morning that his law will only disenfranchise “lazy” people, like the ones Mitt Romney was talking about in the leaked video of a private fundraiser. When asked about the voter ID law’s disenfranchisement of the 750,000 Pennsylvanians who cannot get IDs, Metcalfe cited Romney’s offhand dismissal of the 47% of the country who will never “take personal responsibility and care for their lives” as proof that those people don’t deserve the right to vote.

Pennsylvania: State Supreme Court Casts Doubt On Voter ID Law | TPM

The Pennsylvania Supreme Court cast serious doubt on the state’s voter ID law on Tuesday, ordering a lower court to rethink its decision upholding the law earlier this year. In a 4-2 ruling, the justices ordered the lower court to block the law unless Pennsylvania can prove it is currently providing “liberal access” to photo identification cards and that there “will be no voter disenfranchisement” on Election Day. The two dissenters opposed the voter ID law and wanted the Supreme Court to issue an injunction itself. The ruling said there was a “disconnect” between what the law prescribes and how it was actually being implemented. It said an “ambitious effort” to implement identification procedures in a short timeframe “has by no means been seamless in light of the serious operational constraints faced by the executive branch.”

Pennsylvania: High court wants review of voter ID access | The Associated Press

Pennsylvania’s highest court on Tuesday told a lower court that it should stop a tough new voter photo identification law from taking effect in this year’s presidential election if the judge concludes voters cannot easily get ID cards or thinks they will be disenfranchised. The 4-2 decision by the state Supreme Court sends the case back to the lower Commonwealth Court, where a judge initially ruled in August that the divisive law could go forward. The high court asked for an opinion by Oct. 2 — just 35 days before the election. If the judge finds there will be no voter disenfranchisement and that IDs are easily obtained, then the 6-month-old law can stand, the Supreme Court said. But the Supreme Court’s directions to the lower court set a much tougher standard than the one Judge Robert Simpson used when he rejected the plaintiffs’ request to halt the law, said David Gersch, the challengers’ lead lawyer.

Pennsylvania: State Supreme Court sends Voter ID back to lower court | Pittsburgh Post-Gazette

The Pennsylvania Supreme Court has ordered a lower court to revisit its decision that allowed the new voter ID law to remain in effect for the November elections. If Commonwealth Court finds the state’s implementation of the law will disenfranchise voters in November, the high court has ordered it to issue an injunction. In its decision not to stop the law immediately, the high court ruled that Commonwealth Court relied on judgments about how the state would educate voters and provide access to acceptable forms of identification. The justices wrote that lawmakers have made “an ambitious effort” to put the photo identification requirement in place by the upcoming elections but that state agencies face “serious operational constraints” in doing so. Given that, the justices wrote, they are not satisfied with a decision based on assurances of what the state will do to ensure all voters have acceptable identification.