California: Anaheim hopes to settle suit over alleged Latino political exclusion | Los Angeles Times

Anaheim is in talks to settle a lawsuit filed by the ACLU accusing the city of effectively excluding Latinos from holding political office and violating the California Voting Rights Act. The case is set to go to trial in March but key hearings and depositions have been delayed because the parties appear to be moving toward a deal, according to court records and a plaintiff. “For me, certainly, any settlement talks are about the city agreeing toward the direction of establishing districts, authentic districts, where the representatives are voted for by the residents of those districts,” said Jose Moreno, a plaintiff in the suit. The ACLU filed the case on behalf of Moreno and two other Latino residents of Anaheim last year in an effort to end the city’s at-large elections. Anaheim is the largest city in California that still elects its leaders at large rather than by districts.

Colorado: State Election Law Once Again Challenged in Colorado Courts | Examiner.com

The Colorado Election Law, HB13-1303 Voter Access and Modernized Elections Act of 2013, passed in haste last legislative session on a straight party-line vote (the Senate sponsors of the bill, Angela Giron and John Morse, were subsequently removed from office in Colorado’s first legislative recall elections in state history) has once again been challenged in court. The Libertarian Party of Colorado, joined by several individual plaintiffs, filed suit in Denver District Court (Saturday, 2 November 2013) seeking to ensure that voters in this year’s coordinated (nonpartisan) municipal and special-district (including school board) elections were able to vote – and only able to vote – on those races for which they were eligible under state statute and the provisions of the Colorado Constitution.

Colorado: Libertarian Party of Colorado sues for voting rights | Washington Times

The Libertarian Party of Colorado filed suit in Denver District Court Friday, seeking immediate relief from the inherent conflicts in and unlawful implementation of HB 1303, the Voter Access and Modernized Elections Act. It is also widely known as the Voter Fraud Bill for its “catch me if you can” approach to voting integrity. The suit claims that the new law disenfranchises voters because of the way it changes residency requirements. Since the requirements of the law conflict with local election codes, county clerks have implemented the law in different ways, making things even worse. The defendants in the case are Secretary of State Scott Gessler, county clerks Gilbert Ortiz (Pueblo County), Wayne Williams (El Paso), Jack Arrowsmith (Douglas), and Matt Crane (Arapahoe), representing a defendant class of all Colorado County Clerk & Recorders.

Colorado: Gov. John Hickenlooper critical of Jon Caldara’s recall voting “stunt” | Denver Post

Gov. John Hickenlooper is the latest to weigh in with concerns about Jon Caldara’s residency switch Saturday so he could vote in the recall election of Senate President John Morse of Colorado Springs.  Caldara, a longtime Boulder resident, said he was was trying to make a point that a new election law passed by Democrats and signed into law by Hickenlooper in May undid residency requirements that had been in Colorado law for years. “We are hearing disturbing reports that some people are being encouraged to go to the polls, not to legitimately vote, but to disrupt the process,” Hickenlooper said in a statement issued today. “That would be unlawful and makes a mockery of the democratic process. We urge the county clerks in Pueblo and El Paso counties to make clear that people engaged in attempting to disrupt the elections are open to criminal prosecution. We’ve also reached out to the attorney general to help us ensure fair elections take place this week.” Morse and another Democratic senator, Angela Giron of Pueblo, face recall elections Tuesday for their support for gun legislation in the 2013 session. The Independence Institute opposed the bills, and Caldara talks about the election law on the group’s web site. The governor’s spokesman, Eric Brown, on Sunday talked about “political stunts.”

Editorials: In a victory for voting rights, NC elections board OKs student bid for local office | Facing South

The Republican-controlled North Carolina State Board of Elections voted unanimously Tuesday to overturn a county election board’s ruling barring a student at a historically black college from running for local office because he’s registered to vote on campus. “Justice has prevailed,” Montravias King said after the board’s vote. Back in July, the senior at Elizabeth City State University filed to run for a local council seat. Local Republican Party official Richard “Pete” Gilbert challenged King’s candidacy last month, arguing that because his dorm address was only temporary he did not meet the residency requirements to run for city office. Voting rights advocates pointed out that North Carolina’s residency requirements for running for office and voting are the same. “This is a case about whether college students across the state can be denied the right to vote,” said King’s attorney, Clare Barnett with the Durham, N.C.-based Southern Coalition for Social Justice.

Editorials: Students’ voting rights should not be suppressed | Arizona Daily Wildcat

When students choose to attend college in another city, they become a part of that town. Students living on campus are impacted by the decisions of elected officials in the surrounding community. In 1979, the Supreme Court ruled in Symm v. United States that students have a right to vote in their college town, yet Richard “Pete” Gilbert, Republican Party chairman of Pasquotank County in North Carolina, apparently hasn’t gotten the memo. Montravias King, a student at Elizabeth City State University in Pasquotank County, had been registered to vote at his campus address since 2009. But when he filed the paperwork to run for city council, Gilbert successfully challenged his eligibility before the County Board of Elections, arguing that a college dorm is a temporary residence and therefore insufficient for residency requirements. In North Carolina, the requirements to run for office are the same as those to vote, and Gilbert plans to file additional challenges against other ECSU students’ eligibility.

New Hampshire: Trial scheduled for 2014 on voter registration forms | Fosters

A trial is tentatively set for February 2014 to decide whether New Hampshire will be allowed to use controversial language on its voter registration forms that was previously blocked by a judge. With last year’s general election approaching, Strafford County Superior Court Judge John Lewis issued a temporary injunction preventing the state from using new voter registration forms that included a paragraph discussing motor vehicle and residency requirements. Under state law, voters aren’t required to be permanent residents of New Hampshire to cast ballots here. Anyone who maintains a “domicile” in the state is eligible to vote in New Hampshire, including college students. However, Republican lawmakers enacted changes in 2012 that were intended to require anyone who chooses to vote in New Hampshire to also become a resident, falling under the purview of motor vehicle laws.

Ohio: Some used P.O. box as address: Is that vote fraud? | Cincinnati.com

A group of citizens has uncovered almost 100 people in Hamilton County who are allegedly registered to vote someplace other than where they live – which is illegal. Election records showtwo-thirds of them actually voted from those addresses, meaning they could have cast a vote in a local election in which they weren’t entitled to have a say. Did they commit a crime? Ohio law says people must reside at the address where they’re registered. That’s because people vote on local issues – councils, commissioners, levies. The Hamilton County Board of Elections today will discuss what to do about these cases. It could send those cases to the prosecutor for further investigation and even possible felony charges.

North Carolina: Legislation Filed In NC Senate Targets College Voters | The Watauga Democrat

Bills filed in the N.C. Senate Tuesday and co-sponsored by Sen. Dan Soucek of Boone could impact college students who choose to vote where they attend school. Senate Bills 666 and 667 include measures that would bar parents from listing their children as dependents on state tax forms if the children register to vote at a different address. The state generally grants tax deductions ranging from $2,000 to $2,500 per child dependent. “If the voter is a dependent of the voter’s parent or legal guardian, is 18 years of age or older, and the voter has registered at an address other than that of the parent or legal guardian, the parent or legal guardian will not be allowed to claim the voter as a dependent for state income tax purposes,” according to Senate Bill 667, short-titled “Equalize Voter Rights.” The legislation could have a significant impact in areas such as Watauga County, where the number of students enrolled at Appalachian State University represents more than a third of the county’s total population.

Editorials: Suppressing the student vote? New residency rules could affect Wisconsin’s recall election | The Daily Page

The voter ID law passed last spring by the Republican-controlled Wisconsin Legislature was widely criticized for requiring that voters show a driver’s license or other form of photo identification at the polls. These provisions are now under two court injunctions by judges who found that the photo ID requirements likely discriminate against minorities, the poor and the elderly. Meanwhile, it is the bill’s new residency requirements, largely lost in the controversy over photo ID, that are much more likely to keep students away from the polls in the upcoming June 5 recall elections for governor, lieutenant governor and four state Senate seats. Turnout among students, a voting bloc traditionally thought to favor Democrats, was already low in the May 8 recall primary. The new rules require that voters live at an address for 28 days before being eligible to vote. Dorm leases for 6,900 students at UW-Madison end May 20, and many of the other students living off campus will leave for the summer around the same time. Do the math and the dilemma is clear: There is no time to reestablish residency to vote June 5.

Virginia: ACLU challenges ballot access law | Richmond Times-Dispatch

The American Civil Liberties Union has filed suit in U.S. District Court, challenging Virginia’s statewide ballot access rules for minor-party presidential candidates. The ACLU Voting Rights Project and the ACLU of Virginia filed suit on behalf of the Libertarian Party of Virginia, challenging the Virginia law that imposes a state residency requirement on people who circulate ballot petitions. The party needs to collect 10,000 valid signatures — at least 400 from each of the state’s 11 congressional districts — by Aug. 24 to qualify for the general election ballot in November. The Libertarian Party’s presidential nominee is Gary Johnson, who, as a Republican, was governor of New Mexico from 1995 to 2003. The ACLU is seeking an injunction, saying the Libertarians will suffer “irreparable harm” if they cannot use people from out of state to circulate ballot petitions in Virginia.

Editorials: Is Black and Latino Voter Registration Threatened or Not? | The Nation

On May 4 the Washington Post published what Brian Beutler at Talking Points Memo called an “alarming—and darkly ironic” story stating voter registrations have dropped for African-Americans and Latino Americans. WaPo reporter Krissah Thompson wrote in her lead:

The number of black and Hispanic registered voters has fallen sharply since 2008, posing a serious challenge to the Obama campaign in an election that could turn on the participation of minority voters.

By some accounts, it was true. Census numbers, which measured between the 2008 presidential and the 2010 midterm elections, showed that the number of African-American registered voters had fallen from about 17.3 million to about 16.1 million nationally. But the Obama campaign and a number of academics disputed the Post’s conclusion that Obama might be in trouble, instead saying the Census’s methodology is flawed and that voter registration among African-Americans and Latino Americans is actually up.

Indiana: Senator Lugar Can’t Vote in Indiana Precinct, Board Says | Businessweek

Senator Richard Lugar of Indiana has been ruled ineligible to vote back home, a blow for the six- term Republican facing a Tea Party-backed primary challenger who says the senator is out of touch with his state. The Marion County Election Board voted 2-1 along party lines today, with two Democratic members finding Lugar and his wife ineligible to vote in his home precinct. Lugar, the top Republican on the Senate Foreign Relations Committee, is registered to vote with an Indianapolis address of a home he sold in 1977. He now lives in northern Virginia. The board ruled there is “substantial reason” to believe a non-criminal election violation occurred because the Lugars “abandoned” their Indiana residence, losing their right to vote there.

Indiana: Dick Lugar vows to appeal ruling | Politico.com

For the moment, Dick Lugar can’t even vote to save himself. A local election board ruled Thursday that the six-term senator has abandoned his Indiana home and cannot cast a ballot in the state he represents. The Indiana Republican is up for re-election this year and faces a conservative challenger in the state’s May 8 primary. “I don’t want to cast aspersions on anyone,” Lugar told reporters on Capitol Hill Thursday, “but there has been a rather concerted campaign by self-appointed persons who believe this is the best way to settle the Indiana election.” The two-to-one party-line decision by the Marion County Election Board has important legal implications, but also resurrects the crippling narrative that Lugar is disconnected from Indiana, where he hasn’t owned a home in more than three decades.

Montana: Judge indicates part of initiative on Montana Supreme Court elections invalid | The Missoulian

A District Court judge indicated Wednesday that a portion of a Republican-backed ballot initiative, which many in the GOP hope will tilt Montana Supreme Court elections to their party’s favor, could be unconstitutional as alleged by critics. The Legislature last year sent the initiative directly to this June’s primary ballot. It establishes regional districts that would each elect one justice to the state’s high court. The court’s six justices and one chief justice are currently elected in statewide elections. Supporters argued that justices elected statewide favor Democrats and do not represent certain places, like the rural areas that generally favor Republicans. Opponents argued Wednesday in District Court in Helena that the proposal runs afoul of the Montana Constitution by adding qualification criteria for the judicial candidates. They are asking the courts to remove it from the ballot.

Pennsylvania: Judge expects to decide on Monday if Altmire can stay on ballot | Post Gazette

A Commonwealth Court judge is expected to make a ruling Monday that may determine whether U.S. Rep. Jason Altmire, D-McCandless, will make the ballot for a fourth term. Supporters of his Democratic primary opponent in the 12th District race, U.S. Rep. Mark Critz of Johnstown, filed legal objections to Mr. Altmire’s nominating petitions, saying many were circulated by a 23-year-old staffer who lives in Shadyside, outside the district boundaries. Over several hours of testimony during a hearing Friday that touched on Twitter posts, Steelers games and car payments, the campaign drew close to rejecting so many of Mr. Altmire’s nominating signatures that he could be tossed off the April 24 primary ballot.

National: Project Seeks to Help Students Overcome Barriers to Voting | The Chronicle of Higher Education

A national advocacy organization that focuses on increasing voter registration for underrepresented groups announced on Wednesday a campaign to spur student participation in elections and to help students overcome voting barriers. The Fair Elections Legal Network kicked off its campaign, the Campus Vote Project, at George Washington University’s Law School. At the event, members of an advisory board on student voting met to talk about ways to create campuswide policies and programs that make voting more accessible for students. “Voting is a universal right,” said Victor Sánchez, president of the United States Student Association and member of the advisory board. “With help and guidance, there should be better ways to help go about increasing access to voter registration and increasing voters on campus.”

Texas: Confusion reigns as political deadline is delayed | TheMonitor.com

For Hidalgo County political candidates, there may be a deadline, but there still is no clarity. A panel of three federal judges extended a filing deadline for political office set to expire Thursday until Monday, giving candidates four extra days to sweat out whether they’ll draw additional competition. But the court hasn’t yet ruled on whether it will delay any elections, and candidates for state and congressional seats embroiled in the redistricting lawsuit still don’t have a clear picture of how their districts will eventually look.

Hidalgo County Democratic Party Chairwoman Dolly Elizondo-Garcia summed up the state’s electoral process with one word: confusion. “It’s been very chaotic, and we’re trying to handle it as best we can,” said Elizondo-Garcia, who is accepting applications for places on the ballot from state candidates who still don’t know for sure in which district they’ll run. “There are more twists and turns here than the Texas Cyclone (theme park ride). We’re going to be in for a lot of surprises.”

New Hampshire: Legislators to discuss proposed voting laws | TheDartmouth.com

During the upcoming session of the New Hampshire Legislature, State Senate and House members will debate two bills proposed by State Rep. David Bates, R-Rockingham, which would require those wanting to vote in New Hampshire to claim residency in the state, according to Bates. This change would particularly impact college students from out of state by prohibiting them from participating in New Hampshire politics, according to State Rep. David Pierce, D-Grafton.

These recent legislative attempts follow a failed effort in March to pass legislation that sought to redefine residency for voting eligibility, preventing out-of-state students from voting in state or local elections. Although those bills did pass through the House due to issues of unconstitutionality, the new bills are consistent with the 14th Amendment and could legally be enacted, Bates said.

Editorials: Voter ID proponents should have to answer for the ugly history of Jim Crow | Slate Magazine

An elderly black woman in Tennessee can’t vote because she can’t produce her marriage certificate. Threatening letters blanket black neighborhoods warning that creditors and police officers will check would-be voters at the polls, or that elections are taking place on the wrong day. Thirty-eight states have instituted new rules prohibiting same-day registration and early voting on Sundays. All of this is happening as part of an effort to eradicate a problem that is statistically rarer than heavy-metal bands with exploding drummers: vote fraud.

Many commentators have remarked on the unavoidable historical memories these images provoke: They are so clearly reminiscent of the Jim Crow era. So why shouldn’t the proponents of draconian new voting laws have to answer for their ugly history?

Proponents of reforming the voting process seem blind to the fact that all of these seemingly neutral reforms hit poor and minority voters out of all proportion. (The Brennan Center for Justice estimates that while about 12 per­cent of Amer­i­cans don’t have a government-issued photo ID, the figure for African-Americans is closer to 25 percent, and in some Southern states perhaps higher.) The reason minorities are so much harder hit by these seemingly benign laws has its roots in the tragic legacy of race in this country. They still work because that old black man, born into Jim Crow in 1940, may have had no birth certificate because he was not born in a hospital because of poverty or discrimination. Names may have been misspelled on African-American birth certificates because illiterate midwives sometimes gave erroneous names.

Voting Blogs: Student Voting: An Opportunity, Not a Problem | Doug Chapin/PEEA

As the 2012 election approaches, voting by students is once again a source of controversy and concern – especially in Maine, where students have found themselves caught in the middle of the dispute over repealing the state’s Election Day registration law.

To be sure, it’s partly a political battle. Students can play a pivotal role in elections, and so where they vote matters. As state legislatures debate voter identification, residency requirements, same-day registration and even voting by mail, students are a popular target.

The real focus, however, should be the impact of America’s growing population mobility on the nation’s election system. The Census Bureau estimates that one in six Americans–including but not limited to students–moves each year. The average American moves eleven times in a lifetime.

Voting Blogs: College Students and Voter Fraud: Charlie Webster’s Maine Problem | State of Elections

Maine Republican Party Chairman Charlie Webster is “on a mission to make Maine a better place.” The trouble is, the “better place” he envisions lies on the other side of what may be an insurmountable controversy.

Since famously brandishing a list of 206 alleged voter frauds—all college students—a few weeks ago, Webster has been branded the leader of a witch hunt. The chairman maintains that Maine law is very clear that residency must be established before voting. This is true, but Webster’s opponents on this issue are quick to point out that doing so is almost trivially easy, and certainly not beyond students’ ability. Webster insists on implementing several harsher residency requirements, such as paying income taxes.

He intends to prevent students attending schools away from their hometowns from voting in communities where their interests may run counter to the residents’. At the center of this issue is Maine’s Election Day registration law, which was repealed in June but may be on its way back from the grave. Webster contends that students—especially out-of-state students—who register and vote on their Maine campuses on a day-of basis may be committing fraud. Few such students think to notify their original place of registration of their new voting locale, and many are registered in two places at once. However, dual registration alone is not voter fraud, and Webster’s critics claim that Maine has virtually no issues with voter fraud, that voting machines are designed to protect against this issue, and that voter registries are routinely updated to account for changes of address.

Maine: It’s Official: Students in Maine Weren’t Committing Voter Fraud, Despite GOP’s Allegations | Campus Progress

Remember when the chair of the Maine Republican Party waved a list of 206 college students’ names in the air, claiming each of them had committed voter fraud despite having no hard evidence? Well, it turns out the hoopla was just that—inaccurate rhetoric intended to suppress young people’s desire for civic engagement.

Maine Secretary of State Charlie Summers spent two months investigating the students and found that none had committed voter fraud, according to the Bangor Daily News. Of the 206 students on Webster’s list, 77 had registered in their home state and then again in Maine, but none cast more than one ballot in a single election.

Webster seemed to be a wild goose chase for potentially evil, malicious student voters, as more than a third of the 206 students he claimed were registered in two states simply weren’t.

Liberia: Citizens Group Sues to Nullify Liberian Candidates Certification | VoA News

The Liberian Supreme Court is expected to hear a lawsuit challenging the decision of the National Elections Commission to certify 16 presidential candidates, including President Ellen Johnson Sirleaf, for next month’s election.

Article 52 (c) of the Liberian Constitution states that “no person shall be eligible to hold the office of president or vice president unless that person is resident in the Republic ten years prior to his election.”  Last month’s referendum to change the requirement to five years failed. Sayma Syrenius Cephus, lawyer for the Concerned Citizens of Liberia, said the election commission violated the constitution when it certified the 16 candidates.

Voting Blogs: It’s Not Just Who You Are, It’s Where You Live: Domicile and the Elections Stained Glass Window | Doug Chapin/PEEA

The past week’s headlines have a number of stories about the importance of political geography:

+ In Indiana, the state Supreme Court refused (for the time being) to take a case challenging the eligibility of Secretary of State Charlie White to serve, given allegations that he had registered to vote at an address where he did not live;

+ In New Jersey, the U.S. 3rd Circuit Court of Appeals reinstated former Olympian and current state Senate candidate Carl Lewis to the ballot after a trial court removed him because of the state’s “durational residency” requirement for candidates; and

+ Maine’s GOP chair cited evidence that 19 medical students registered to vote in 2004 from a South Portland Holiday Inn Express in arguing that the repeal of the state’s same-day registration law should stand.

Kentucky: Grimes’ campaign says homeless have a right to vote | Kentucky Politics

Kentucky law does not require someone own property to vote, says the campaign manager of Democratic Secretary of State candidate Alison Lundergan Grimes. Campaign manager Jonathan Hurst issued a statement Wednesday in response to GOP opponent Bill Johnson’s response on issues raised over homeless voter registration.

Johnson echoed Boone County Clerk Kenny Brown’s concerns about a memo from the State Board of Elections instructing clerks not to refuse to register a homeless person because they don’t have a traditional residential address.

Kentucky: Bill Johnson slams Secretary of State and his opponent on homeless voter registration | Kentucky Politics

GOP Secretary of State candidate Bill Johnson has gone on the offensive with the issues raised over homeless voter registration.

Johnson echoed Boone County Clerk Kenny Brown’s concerns about a memo from the State Board of Elections instructing clerks not to refuse to register a homeless person because they don’t have a traditional residential address.

He issued another statement Wednesday morning:

Indiana: White testifies to rebut voter fraud allegations | nwi.com

Indiana Secretary of State Charlie White denied allegations Tuesday that he committed voter fraud even as Democrats presented legal documents signed by White suggesting he did.

For nearly seven hours, the Indiana Recount Commission took testimony concerning where White lived and voted in 2009 and 2010 to determine whether the Republican was eligible to be elected secretary of state.

Attorney Karen Celestino-Horseman, representing the Indiana Democratic Party, challenged White to explain why he claimed his ex-wife’s address as his own when he registered to vote in February 2010, even though in November 2009 White leased a condominium elsewhere in the Indianapolis suburb of Fishers.

Massachusetts: Wait — Did Mitt Romney Commit Voter Fraud? | Boston Magazine

Last year, the presidential hopeful cast a ballot for Scott Brown for U.S. Senate. One problem: Romney may not have been living here at the time. Or so says Fred Karger, a 2012 GOP presidential candidate who’s filed a complaint with state election officials, a hard copy of which I have from Karger’s office. Here’s Karger’s complaint:

Romney and his wife, Ann, bought a home in La Jolla, Calif., in 2008 for $12.5 million. A year later, they sold their $3.5 million place in Belmont and, according to Karger, took up residency, well, it’s not really clear where they took it up, except it didn’t seem to be in Massachusetts. By 2009, Mitt was sort of campaigning and sort of on his book tour. Home was wherever he finished the day. Sometimes it was in California. Sometimes, Karger says, and the National Journal bears this out, it was in New Hampshire. But it probably wasn’t in Massachusetts.

National: Did Mitt Romney Commit Voter Fraud? | Mother Jones

Did Mitt Romney commit voter fraud when he cast a ballot for Scott Brown in last year’s special election in Massachusetts? On Monday, one of his lesser known opponents for the GOP presidential nomination, Fred Karger, filed a complaint with Massachusetts state election officials alleging that he voted for Brown, as well as in other Massachusetts elections, when he was not in fact a resident of the Bay State.

In his complaint, Karger lays out a chronology of Romney’s real estate moves since his failed presidential bid in 2008. According to Karger’s timetable, Romney and his wife, Ann, bought a $12.5 million home in La Jolla, California, in May 2008. (“I wanted to be where I could hear the waves,” Romney told the AP of his move to the West Coast.) Thereafter, Romney became a regular at California political events, even campaigning for Meg Whitman during her gubernatorial bid. A year later, in April 2009, the Romneys sold their home in Belmont, Massachusetts, for $3.5 million, and registered to vote from an address in the basement of an 8,000 square-foot Belmont manse owned by their son Tagg. But where the Romneys really lived these past couple of years seems to be a bit of a mystery. While Romney was appearing at so many California political events people were speculating he was going to run for office there, the National Journal reported in May 2009 that the Romneys had made their primary residence a $10 million estate in New Hampshire.