Texas: Fight Resumes Over Maps That Curb Latino Power | Bloomberg

Texas and voting-rights activists supported by the U.S. government are set to resume a three-year battle over claims that Republican lawmakers intentionally drew Congressional districts to curb the political power of the state’s growing Latino population. Texas seeks to convince a three-judge federal panel today in San Antonio that its voter maps were designed to improve re-election chances for Republican incumbents and weaken Democratic opponents, not dilute minority voting strength. “Partisan gerrymandering” is legal, the state says. The federal government and civil-rights activists say the state is making a distinction without a difference because minorities tend to vote for Democrats in Texas. “Partisanship is not a defense to intentional vote dilution,” Bryan Sells, a lawyer with the Justice Department’s Civil Rights Division, told the San Antonio judges last month.

Editorials: Voter Discrimination Just Got Easier | Steven H. Wright/New York Review of Books

For almost fifty years, the US government has had an especially effective tool for ensuring fair elections: sending teams of federal observers to polling stations across the country. Though relatively little known, the program has been crucial in dismantling the discriminatory practices that disenfranchised voters of color. In the program’s early days, federal monitors risked their lives to collect evidence courts needed to outlaw the electoral mechanisms of Jim Crow. And as recently as the 2012 presidential election, the Justice Department dispatched more than 780 federal employees to 51 jurisdictions across 23 states. As a result of a 2013 Supreme Court decision, however, the program is now being quietly curtailed. In 2013, the Supreme Court hobbled the 1965 Voting Rights Act, which for decades had provided safeguards to prevent unfair voting practices, including special oversight for jurisdictions with a history of voter discrimination. In Shelby County v. Holder, the Court found that Congress created a flawed formula to select those special jurisdictions. Last week, the Justice Department revealed that, in light of the Supreme Court decision, it has concluded that the Attorney General no longer retains the statutory authority to send observers to those jurisdictions.

National: Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin | Wall Street Journal

The Obama administration filed court papers Wednesday challenging Republican-backed election laws in Ohio and Wisconsin, as the legal fights over voting rights spread beyond traditional Southern borders. In Wisconsin, the Justice Department filed a brief supporting a previous federal court ruling against the state’s photo identification requirement, which was deemed unfair to minority voters. In Ohio, the Justice Department weighed in against a law limiting early voting and same day registration. Attorney General Eric Holder, in a statement, said the two states’ voting laws “represent the latest, misguided attempts to fix a system that isn’t broken,” adding that both measures “threaten access to the ballot box.” Mr. Holder had previously signaled his department would take legal action against Ohio and Wisconsin. Wisconsin Gov. Scott Walker, a potential 2016 Republican presidential candidate, has defended his state’s identification law as necessary to prevent voter fraud that could sway an election. His office didn’t immediately comment on Wednesday’s filing.

Wisconsin: Justice Department weighs in on Wisconsin voting case | Associated Press

The Justice Department on Wednesday sided with challengers of voting laws in Wisconsin and Ohio, saying in court filings that measures in those states unfairly affect minority voters. The department criticized a Wisconsin law that requires voters to present photo identification at the polls and an Ohio law that limits when voters can cast an early ballot. The court papers from the federal government are aimed at persuading judges that the laws, which are being challenged in court, are discriminatory and block access to the ballot box. “These filings are necessary to confront the pernicious measures in Wisconsin and Ohio that would impose significant barriers to the most basic right of our democracy,” Attorney General Eric Holder said in a statement. The Justice Department has warned of legal actions against states after the U.S. Supreme Court last year wiped out a major provision of the Voting Rights Act. That provision required select states with a history of discrimination in voting — mainly in the South — to receive Washington’s approval before changing the way they hold elections. Last year, the department sued Texas and North Carolina over measures in those states. But the government didn’t use that approach in either Ohio or Wisconsin, instead submitting court filings joining with challengers who want the measures declared invalid.

Georgia: Justice Department suspends most poll watching | CNN

For the first time in decades, voters in Georgia are going to the polls Tuesday without the chance of having Justice Department observers inside their polling places. CNN has learned that’s because Justice Department lawyers in recent months have determined they no longer have legal authority to unilaterally assign poll observers after the Supreme Court ruling invalidating key sections of the Voting Rights Act. The department has suspended posting observers inside polling stations except for in nine jurisdictions in seven states covered by separate court orders, government officials tell CNN. The internal legal finding hadn’t been made public before. Observers had the authority to be inside polling places, and the department may still send monitors who keep an eye outside polling precincts. A spokeswoman for the Justice Department’s civil rights division declined to comment.

Editorials: Early-voting cuts in Ohio rightfully draw Justice Department ire: editorial | Cleveland Plain Dealer

U.S. Attorney General Eric Holder has signaled that the Justice Department will back pending Ohio litigation aimed at providing more early voting days for Ohioans and restoring Ohio’s voting “golden week.” Holder and his department are more than justified in doing so. At stake is one of the most precious of constitutional rights, the right to vote. That is a fundamental right Americans have died for, as, for example, three patriots – two white, one black – did 50 years ago in Neshoba County, Mississippi. In February, Ohio General Assembly Republicans passed, and Gov. John Kasich signed, Senate Bill 238. The bill, passed along party lines (Republicans for, Democrats against), abolished Ohio’s so-called golden week. This was the week right before Ohio’s voter registration deadline when an Ohioan simultaneously could register to vote, apply for and then cast an in-person, early-voting ballot at his or her county board of elections.

Texas: Feds taking ‘prime role’ in Texas voting maps case | Associated Press

Efforts by the Obama administration to wring protections out of a weakened Voting Rights Act begin Monday in Texas over allegations that Republicans intentionally discriminated against minorities when drawing new election maps. A federal trial in San Antonio comes a year after the U.S. Supreme Court made a landmark ruling that Texas and 14 other states with a history of voting discrimination no longer need permission from Washington before changing the way elections are held. The Justice Department and minority rights groups now want a three-judge panel to decide that Texas still needs that approval under a historically obscure portion of the Voting Rights Act that has drawn new attention since the heart of the 1964 civil rights law was struck down.

National: Justice Department considers making request that would add polling sites to tribal lands | The Washington Post

The Justice Department is considering making a recommendation to Congress that would require any state or local election administrator whose territory includes part of an Indian reservation, an Alaska Native village or other tribal lands to locate at least one polling place in a venue selected by the tribal government. Associate Attorney General Tony West will announce the effort Monday morning at the National Congress of American Indians conference in Anchorage. Attorney General Eric H. Holder Jr. also will release a video Monday that will announce the Obama administration’s plans to consult with tribal governments on a legislative proposal that would ensure that American Indians and Alaska Natives have “a meaningful opportunity to claim their right to vote.”

Texas: State Ordered to Disclose Legislative Docs in Voting Case | Legal Times

Calling part of Texas’ litigation position “inconsistent,” a federal trial judge has ordered the state to turn over certain legislative records to the U.S. Department of Justice in a closely watched Voting Rights Act case. The Justice Department is seeking information from more than three dozen Texas state lawmakers that could illuminate the Legislature’s motivation in 2011 to enact congressional redistricting plans. U.S. District Judge Orlando Garcia’s ruling on Tuesday gives the federal government some access to documents that lawyers for Texas argued were off limits. Lawyers for Texas insisted the Justice Department must subpoena the individual legislators for the documents. The attorneys said Texas did not have possession of or control the documents. The state argued that the individual lawmakers are not parties in the lawsuit.

National: Is the Voting Rights Act making a comeback? | MSNBC

The chances of Congress acting to fix the Voting Rights Act (VRA), which was weakened by the Supreme Court last summer, appear slimmer by the week. But lately, it looks like the landmark civil rights law might end up being strengthened in a different way: by being used. Last Tuesday, a federal judge in Wisconsin struck down the state’s voter ID law, ruling that it violates the VRA’s Section 2, which bars racial discrimination in voting. The state has said it will appeal the ruling. Two days later, voting rights advocates filed suit against Ohio’s recent cuts to early voting, again alleging a violation of Section 2. “I think it’s exactly what the federal courts should be doing,” said Daniel Tokaji, an election law professor at Ohio State University, referring to the Wisconsin ruling, and the potential for a similar verdict in Ohio. “When partisan politicians go too far to restrict the right to vote in an effort to serve their own ends, courts aren’t likely to look on that kindly.”

Texas: Justice Department, Texas Clash Over Discovery in Voting Rights Case | Legal Times

The U.S. Department of Justice and Texas have locked horns over discovery in a prominent voting rights challenge. Lawyers from the Justice Department’s Civil Rights Division asked a panel of judges Wednesday to compel Texas to turn over legislative documents that “may shed light on the Texas Legislature’s motivation” for enacting the 2011 congressional redistricting plans. Specifically, the department’s lawyer say they’ve asked Texas to supplement its responses to similar document requests in other litigation in the state over alleged violations of the Voting Rights Act of 1965. This time, Texas said no, according to the Justice Department.

Texas: Justice Department, Texas Clash Over Discovery in Voting Rights Case | Legal Times

The U.S. Department of Justice and Texas have locked horns over discovery in a prominent voting rights challenge. Lawyers from the Justice Department’s Civil Rights Division asked a panel of judges Wednesday to compel Texas to turn over legislative documents that “may shed light on the Texas Legislature’s motivation” for enacting the 2011 congressional redistricting plans. Specifically, the department’s lawyer say they’ve asked Texas to supplement its responses to similar document requests in other litigation in the state over alleged violations of the Voting Rights Act of 1965. This time, Texas said no, according to the Justice Department.

Texas: Barack Obama pushes voting rights in Texas | Politico

President Barack Obama on Wednesday joined the larger Democratic effort to spotlight voting rights ahead of this year’s midterms, blasting “active efforts to deter people from voting. Apparently it’s fairly active here in Texas,” he told supporters at a Houston fundraiser. “The idea that you’d purposely try to prevent people from voting? Un-American. How is it that we’re putting up with that? We don’t have to.” Attorney General Eric Holder delivered his own address to the group Wednesday in New York, recounting the Justice Department’s efforts on the issue since the Supreme Court struck down part of the Voting Rights Act last year.

North Carolina: Voter fraud in North Carolina? Not so fast | MSNBC

Conservative supporters of voting restrictions think they’ve found the holy grail in North Carolina: A genuine case of massive voter fraud that can be used to justify efforts to make it harder to vote. The reality, of course, is far less clear. Non-partisan election experts are already pouring cold water on the claims, noting that other recent allegations of major voting irregularities have fizzled upon closer scrutiny. In a report released Wednesday, North Carolina’s elections board said it had found 35,570 people who voted in the state in 2012 and whose names and dates of birth match those of voters in other states. The board said it also found 765 North Carolinians who voted in 2012 and whose names, birthdates, and last four digits of their Social Security number match those of people in other states. The board said it’s looking into all these cases to determine whether people voted twice. There’s a lot riding on what the board finds. North Carolina Republicans last year passed a sweeping and restrictive voting law, which is currentlybeing challenged by the U.S. Justice Department. The law’s voter ID provision would likely have done nothing to stop the double voting being alleged here, but solid evidence of illegal voting could still bolster the state’s case that the measure is justified. It could also make it easier for the state to remove from the rolls voters who are thought to be registered in two states—raising concerns that legitimate voters could wrongly be purged.

National: DOJ plans expansion of voting rights enforcement | USAToday

The Justice Department, no longer responsible for vetting election procedures in states with a history of racial discrimination, instead plans to proactively search the entire country for voting rights violations. Its new focus is the result of a June 2013 Supreme Court decision dismantling a Voting Rights Act provision that had required all or part of 15 states to get “pre-clearance” from Justice officials or a federal court before making any changes to their election procedures. Now, the department says, it will be more proactive in protecting minority voters.

Editorials: Why Did the Senate Block Debo Adegbile? | Brentin Mock/Demos

Much of the rancor around why they opposed Debo Adegbile for heading the Justice Department’s Civil Rights Division has been about Mumia Abu-Jamal. But it seems from their line of questioning that there’s also an agenda to undermine the Civil Rights Divisions’ duties to enforce voting rights and protect Americans against discrimination. This probably explains why Attorney General Eric Holder and President Obama sound really pissed with the Senate right now. “At a time when significant voting rights cases and other consequential matters are pending, it is more critical than ever to have a confirmed leader for the Civil Rights Division,” said Holder in a statement decrying the Senate vote. “He deserved to have his nomination considered wholly on the merits.”  President Obama called it a “travesty” noting that Adegbile’s “unwavering dedication to protecting every American’s civil and Constitutional rights under the law—including voting rights —could not be more important right now.”

Editorials: Strength and weakness of the Vot­ing Rights Amend­ment Act of 2014 | Anna Massoglia/TheHill

In Shelby County v. Holder, the Supreme Court struck down Section 4(b) of the Voting Rights Act, which includes a provision mandating that specified states “preclear” any changes in election regulations with the federal government. The court upheld other provisions of the Vot­ing Rights Act intact, including Section 2, a permanent provision that prohibits racially discriminatory voting laws nationwide, but determined that Section 4(b) is unconstitutional. Section 4(b) constitutes the “coverage formula” used to apply Section 5. As enacted, Section 4 requires certain states and jurisdictions that were determined by the formula to have a history of racially unbalanced voting to preclear any changes in election regulation with the federal government, even changes as minor as moving a polling station from one building to another. The Court in Shelby found that the provision was unconstitutional because it was based on outmoded data from voter turnout in 1964, 1968, or 1972 elections. Further, many states and vicinities subject to preclearance no longer correspond to the same incidence of racial discrimination in voting. In fact, the Census Bureau has reported that black voters voted at substantially higher rates than whites in seven of the states covered by Section 5, a rate higher than many other states that remain unaffected by Section 5.

National: Voting-Rights Bill’s Backers Say There’s No Doubt It Will Pass | National Journal

Civil-rights advocates are selling a bill amending the Voting Rights Act as a wholly bipartisan fix and saying it will pass this year, despite the partisan divide over voter-ID laws and other voting-rights issues. “It will pass this Congress,” said Scott Simpson, spokesman for the Leadership Conference on Civil and Human Rights, which has advocated for an update to the law. “If anything can pass this Congress, it’s this.” The bill would revive a portion of the Voting Rights Act that gives the Justice Department final say on all changes to elections—from voter-ID laws to polling place relocations—in states with a history of discrimination. The provision, known as the “preclearance” requirement, was included in the Voting Rights Act in 1965, but the Supreme Court in June 2013 struck down its outdated method of choosing which states would be placed under that requirement. Rather than choosing states based on discrimination in the 1960s, the new formula would be based on voting-rights restrictions in the last 15 years, and would be updated after every election.

Texas: Voter ID trial likely to happen before election | MSNBC

Opponents of Texas’ strict voter ID law are likely to get their day in court this September—meaning the controversial measure could be struck down before the November election. Judge Nelva Gonzales Ramos indicated in a hearing Wednesday that she was reluctant to delay the trial until 2015, according to Jose Garza, a lawyer for the Mexican-American Legislative Caucus (MALC), which is among the plaintiffs challenging the law, known as S.B. 14. “The judge is fairly adamant that because of the impending election, it’s important to have a trial on S.B. 14 as early as possible,” Garza told reporters Wednesday afternoon, after attending the hearing. “And in her mind, that appears to be Sept. 2.” Garza said it’s “likely” that the judge will officially set Sept. 2 as the trial date at a hearing this Friday.

Editorials: Repairing the Voting Rights Act | Los Angeles Times

When the Supreme Court struck down a key portion of the Voting Rights Act last year, it seemed impossible that a divided Congress would be able to agree on new legislation that would satisfy the court’s concerns and restore robust enforcement of the landmark civil rights law. But a creative new proposal may confound the cynics. Last June, the court by a 5-4 vote struck down the formula used in the Voting Rights Act to determine which states and localities must “pre-clear” voting procedures with the Justice Department or a federal court in Washington. Although all 50 states are prohibited by the Voting Rights Act from engaging in racial discrimination in voting, pre-clearance made it harder for states with a history of discriminating against African Americans and other minorities to slide back into their old ways.

Editorials: A Step Toward Restoring Voting Rights | New York Times

Only seven months after the Supreme Court shattered the Voting Rights Act, a bipartisan group of lawmakers has come up with a bill that would go a long way toward putting it back together. If they can persuade Republicans in Congress to set aside partisanship and allow it to pass, they would begin to restore justice to a deeply damaged electoral process. It would be an ideal way to observe the Rev. Martin Luther King Jr.’s birthday this week. The bill is far from perfect. In particular, it does not give enough weight to the discriminatory effect of voter ID laws. But it would make it more difficult for states and localities to take other actions that reduce minority voting rights. Jurisdictions would once again be put under Justice Department supervision if they committed multiple violations of the Constitution. All states and cities would be required to make public any last-minute changes to election practices, an improvement over current law, which requires such public notice in just a few states. And the bill would make it easier to stop harmful voting changes in court before they happen.

North Carolina: State wants voting law emails kept secret | MSNBC

North Carolina is asking a federal judge to keep secret Republican state lawmakers’ communications as they pushed through the nation’s most restrictive voting law last summer. “They are doing everything they can to try to keep us from finding out what they did and how they did it and who was involved,” Rev. William Barber II, the president of the state’s NAACP chapter, which is challenging the law, told reporters Thursday. “It’s time for what was done in the dark to come into the light.” Barber’s NAACP, backed by the Advancement Project, wants access to the lawmakers’ emails and other internal communications in order to bolster the case that the law’s Republican sponsors knowingly discriminated against racial minorities. In response, the state argued late last week that the communications are protected by legislative privilege. In October, a GOP precinct chair resigned after saying that it would be OK if the law keeps “lazy blacks” from voting. The spat comes as the civil rights groups add more claims to their lawsuit, which was originally filed in August. The U.S. Justice Department has filed its own lawsuit against the measure.

Editorials: It’s Bigger Than Voter ID | Policy Shop

During his Senate hearing yesterday, Debo Adegbile, President Obama’s pick for Justice Department Civil Rights Division chief, was asked by Sen. Chuck Grassley if he would block state voter ID laws if confirmed. In his previous capacity, Adegible served as attorney and one-time acting president of the NAACP Legal Defense and Educational Fund, which has been in litigation with Texas over its voter ID law for the past three years. Adegbile also twice argued before the U.S. Supreme Court in defense of the Voting Rights Act. Sen. Grassley’s question mistakenly assumed that the assistant attorney general could unilaterally veto a state’s law, through dictatorship or executive order or something. The role of the Assistant Attorney General is not “to determine in the first instance how states run their voting systems,” said Adegbile in response to Grassley. “It’s only in the context of a particular law that is passed that [it] then occasionally becomes subject to review either because of the way in which it was passed or because of its impact.”

Texas: True the Vote denied entry into Texas voter ID trial | Facing South

Months before the conservative vote-monitoring group Judicial Watch filed to intervene in the U.S. Justice Department’s lawsuit against North Carolina’s restrictive new voting law, which includes a photo ID requirement, its counterparts at the Houston-based poll-monitoring nonprofit True the Vote filed the same for the Texas voter ID trial, which also involves the Justice Department. True the Vote filed its intervention plea back in September, arguing that a ruling striking down Texas’ voter ID law would “frustrate and hamper” the organization’s anti-voter fraud efforts. Judge Nelva Gonzales Ramos of the U.S. District Court of Southern Texas didn’t buy it and last week denied True the Vote’s motion. “The Court finds that True the Vote’s intended contribution to this case may be accomplished without the necessity of, or burden incident to, making it a party,” wrote Judge Ramos.

National: Federal judge sends voter citizenship lawsuit filed by Kansas, Arizona, back to EAC | Associated Press

A federal judge sent back to federal elections officials Friday a request by Kansas and Arizona to force modifications in a national voter registration form so the states can fully enforce proof-of-citizenship requirements for their residents. U.S. District Judge Eric Melgren gave the U.S. Election Assistance Commission until Jan. 17 to make a final agency decision on the requests by the two states, but kept control of the lawsuit in anticipation of further court proceedings. The commission has told the states it has deferred acting on the request until it has a quorum of commissioners. The panel has been without a quorum since about 2010 and has been without any commissioners since 2011, the judge noted in his order. Melgren found there has been no final agency decision, essentially making a jurisdictional ruling in the case. But he noted that the Justice Department has argued that even without commissioners the agency can act upon the states’ requests.

National: Justice Dept. Fights $2M Fee Request in Voting Rights Case | The Blog of Legal Times

The U.S. Department of Justice is fighting a request from the lawyers for Shelby Co., Ala., for more than $2 million in legal fees and costs tied to their challenge of the constitutionality of a provision of the Voting Rights Act. The government on Nov. 26 in Washington federal district court filed its opposition to the attorney fees and litigation expenses that Shelby County’s lawyers—led by Bert Rein of Wiley Rein—contend they should receive for their work. The U.S. Supreme Court in June, in a 5-4 decision, struck down the provision of the Voting Rights Act that established the formula for determining which jurisdictions were required to give the Justice Department or a federal court the authority to review certain electoral changes before they were implemented.

California: Lack of Justice Department action in Los Angeles County voting rights dispute rankles Latinos | Associated Press

The Obama administration is aggressively pursuing lawsuits over minority voting rights in Texas and North Carolina, but the Justice Department has not moved on evidence that the latest round of redistricting in Los Angeles County unfairly reduces the influence of Latino voters. Nearly half the 10 million people in the nation’s largest county are Latino. But political boundaries redrawn in 2011 make it possible for Latino voters to elect just one of the five supervisors. The administration has resisted calls to sue the county, despite the county’s history of discrimination against Latino voters in earlier redistricting efforts. The inaction rankles some Latino activists who count themselves as strong backers of President Barack Obama.

Georgia: GOP dusts off Jim Crow tactic: Changing election date | MSNBC

For years, Augusta, Georgia, has held its local elections in November, when turnout is high. But last year, state Republicans changed the election date to July, when far fewer blacks make it to the polls. The effort was blocked under the Voting Rights Act (VRA) by the federal government, which cited the harm that the change would do to minorities. But now that the Supreme Court has badly weakened the landmark civil rights law, the move looks to be back on. The city’s African-Americans say they know what’s behind it. “It’s a maneuver to suppress our voting participation,” Dr. Charles Smith, the president of Augusta’s NACCP branch, told msnbc. The dispute is flaring at a time when Georgia, long deep-red, is becoming increasingly politically competitive, and Democrats have nominated two candidates with famous names for high-profile statewide races next year. Voting rights experts say the events in Augusta may be a sign of what’s to come—or even of what’s already happening. In June, the Supreme Court invalidated Section 5 of the VRA, which had required certain jurisdictions, mostly in the south, to submit election changes to the federal government to ensure they didn’t harm minority voters. Since then, harsh voting restrictions put in place by several southern states have generated national news coverage—Texas’ voter ID law and North Carolina’s sweeping voting bill most prominent among them. But most of the changes stopped by Section 5 weren’t statewide laws. Instead, they were measures adopted at the local or county level.

Montana: Judges send Indian voting case back to Montana | Ravalli Republic

A voting rights lawsuit involving three American Indian tribes will go back to a federal court in Montana after an appellate panel declined to intervene. The plaintiffs from the Crow, Northern Cheyenne and Fort Belknap tribes say three counties should set up satellite voting offices to make up for the long distances they must drive to reach courthouses for early voting or late registration. After a now-retired judge declined to intervene before the 2012 election, the 16 Indian plaintiffs appealed. But a three-judge appeals panel wrote in a Wednesday opinion that the emergency injunction request by the Indians is now moot. They sent the case back to U.S. District Court in Montana for a decision on future elections.

North Carolina: Governor Previews Defense Of Voter ID Law | TPM

North Carolina Gov. Pat McCrory (R) delivered an extensive defense of the state’s controversial new voter identification law on Monday. After slamming the Department of Justice’s lawsuit against North Carolina as politically motivated and “without merit,” McCrory argued in a speech at The Heritage Foundation that the law actually helps to get “the politics out of early voting” and generally represses voter fraud and malpractice. “But you know, we require a voter ID to get a tattoo, to get Sudafed, to get food stamps, to get on an airplane — to get almost any government service in North Carolina right now you have to have an ID,” McCrory said. McCrory went on to note that the new law includes a provision that provides a “free ID” voter voters throughout the state.