Texas: Special session imminent for state Legislature | Houston Chronicle

Texas’ redistricting battle is about to heat up again. As the Legislature’s regular 90-day session winds to an end, state lawmakers are girding for Gov. Rick Perry to call a special session that could start as early as Tuesday on congressional and legislative election maps. Meanwhile, a federal court is putting its gears back in motion to again take up a lawsuit by minority and voting rights groups challenging Republican-drawn redistricting maps passed by the Legislature in 2011. A hearing scheduled for Wednesday in San Antonio will mark the first time the three-judge panel weighs in on the case in about a year. The flurry of action on the state level on redistricting comes as the U.S. Supreme Court is expected to issue a ruling next month on a case involving Section 5 of the federal Voting Rights Act.

Texas: Court battles on Texas election issues go on and on | Star Telegram

Believe it or not, it’s not too early to start worrying about whether the 2014 party primary elections might be delayed because of the ongoing court fights over redistricting and other issues. That’s right, the same legal battles that delayed this year’s primaries from early March to late May. That’s not a prediction — just saying it could happen. It’s probably more productive for now to get up to date on where the ongoing court battles stand. A lot has happened since spring. The primaries were held, runoffs came in July and there was a pretty big national election in November.

Texas: Andrade resigns as Texas secretary of state | Houston Chronicle

Hope Andrade, the first Latina to serve as Texas secretary of state, abruptly announced her resignation Tuesday in the wake of controversy over a so-called voter purge. “It has been the highest honor of my professional life to serve as the secretary of state for the greatest state in our nation,” she said in a statement announcing her departure. In a letter to Gov. Rick Perry, who in 2008 named her to the post in which she served as Texas’ chief elections officer, the San Antonio resident said her resignation would be effective Friday. There was no immediate word on her replacement.

Texas: State wants access to federal database of immigrants to check voter rolls | The Dallas Morning News

Texas officials plan to join a growing number of states across the country seeking access to a massive immigration database to check voter rolls for possible non-citizens, officials confirmed Wednesday. Texas Secretary of State officials were drafting a letter Wednesday formally requesting access to the Department of Homeland Security database, which contains more than 100 million immigration records, said Rich Parsons, an agency spokesman. Texas Secretary of State Esperanza “Hope” Andrade, an appointee of Republican Texas Gov. Rick Perry, is the latest GOP elections leader to request access to the database since Homeland Security officials last week granted Florida permission to use the database. The Obama administration initially opposed granting Florida access, but relented after a judge ruled in the state’s favor on a separate issue related to its efforts to purge non-citizens from its voting rolls. Since then, election leaders in nearly a dozen states have expressed interest in gaining access to the DHS database. But opponents of the move argue the database was never designed to be used as tool to purge voter rolls.

National: Texas case puts voter ID laws to test | The Washington Post

Voter ID laws face a high-profile test this week as the U.S. District Court in Washington, DC hears arguments about Texas’ controversial new regulations. The case pits Texas against Attorney General Eric Holder, who has earned the ire of Republicans across the country for challenging new voting restrictions. Republicans say the Justice Department should be more concerned about fraud; the DOJ counters that these laws suppress minority turnout. Gov. Rick Perry (R) signed Texas’ voter ID law in May 2011. The state already required an ID to vote; the new law requires a photo ID. Those who don’t have a valid photo ID can apply for a new “election identification certificate.” As a state with a history of voter discrimination, Texas must get preclearance from the Department of Justice for changes in election law. The DOJ blocked Texas’ law under Section 5 of the 1965 Voting Rights Act, declaring that it would disproportionately affect Hispanic voters.

Texas: Voter ID Law, Which Accepts Gun Licenses But Not Student IDs, Challenged In Court | ThinkProgress

On Monday, the Department of Justice and the Texas Legislature will square off in court over Texas’ contentious voter ID law. A three-judge U.S. District Court panel will hear the case, which could challenge the Voting Rights Act of 1965. Texas is one of nine states that must get any changes to their election law cleared by the DOJ under the Voting Rights Act due to a history of discrimination. Texas flunked the test; as Assistant U.S. Attorney General Thomas E. Perez wrote in his letter to the Director of Elections, “According to the state’s own data, a Hispanic registered voter is at least 46.5 percent, and potentially 120.0 percent, more likely than a non-Hispanic registered voter to lack this identification.” The law, SB 14, requires voters to show one of a very narrow list of government-issued documents, excluding Social Security, Medicaid, or student ID cards. Gun licenses, however, are acceptable. The DOJ found that Texas’s SB 14 will “disenfranchise at least 600,000 voters who currently lack necessary photo identification and that minority registered voters will be disproportionately affected by the law.”

Texas: State Republican Party Platform Calls For Repeal Of Voting Rights Act Of 1965 | Huffington Post

The Texas Republican Party has released its official platform for 2012, and the repeal of the landmark Voting Rights Act of 1965 is one of its central planks. “We urge that the Voter Rights Act of 1965 codified and updated in 1973 be repealed and not reauthorized,” the platform reads. Under a provision of the Voting Rights Act, certain jurisdictions must obtain permission from the federal government — called “preclearance” — before they change their voting rules. The rule was put in place in jurisdictions with a history of voter disenfranchisement. Some elected officials, including Texas Gov. Rick Perry, a Republican, have since argued that the rules put an unfair burden on certain places and not others. Texas is one of nine states that must obtain preclearance before changing its electoral guidelines. The declaration by the state’s GOP comes as Texas continues protracted fights over voting rights on several legal fronts. U.S. Attorney General Eric Holder blocked the state’s recent voter I.D. law, citing discrimination against minority voters. And a federal judge earlier this month heard motions in a lawsuit filed by Project Vote, a voting rights group that tries to expand voting in low-income communities, that claimed the state’s laws made it illegally difficult to register new voters.

Texas: State Republican Party Platform Calls For Repeal Of Voting Rights Act Of 1965 | Huffington Post

The Texas Republican Party has released its official platform for 2012, and the repeal of the landmark Voting Rights Act of 1965 is one of its central planks. “We urge that the Voter Rights Act of 1965 codified and updated in 1973 be repealed and not reauthorized,” the platform reads. Under a provision of the Voting Rights Act, certain jurisdictions must obtain permission from the federal government — called “preclearance” — before they change their voting rules. The rule was put in place in jurisdictions with a history of voter disenfranchisement. Some elected officials, including Texas Gov. Rick Perry, a Republican, have since argued that the rules put an unfair burden on certain places and not others. Texas is one of nine states that must obtain preclearance before changing its electoral guidelines. The declaration by the state’s GOP comes as Texas continues protracted fights over voting rights on several legal fronts. U.S. Attorney General Eric Holder blocked the state’s recent voter I.D. law, citing discrimination against minority voters. And a federal judge earlier this month heard motions in a lawsuit filed by Project Vote, a voting rights group that tries to expand voting in low-income communities, that claimed the state’s laws made it illegally difficult to register new voters.

Texas: Cheating rarely seen at polls in Texas | San Antonio Express-News

Allegations of voter fraud fueled the successful push for a controversial voter ID law in Texas last year, making a picture ID necessary to vote despite scant evidence of actual cheating at the polls. Fewer than five “illegal voting” complaints involving voter impersonations were filed with the Texas Attorney General’s Office from the 2008 and 2010 general elections in which more than 13 million voters participated. The Department of Justice has deemed the law in violation of the Voting Rights Act, finding that it would disproportionately affect minorities, who are less likely to have a photo ID.

Editorials: Ranked-Choice Ballot Upholds Voter Rights | Richie and Gronke/Roll Call

Once Texas Gov. Rick Perry and former Ambassador to China Jon Huntsman dropped out of the Republican presidential nomination contest, their South Carolina and Florida backers who cast ballots early, including many military voters living overseas, essentially wasted their votes. They voted for candidates who didn’t want their support. Florida and South Carolina voters are not alone. Several upcoming primary states allow “no excuse required” absentee voting, meaning a far higher percentage of votes are now cast early. More than a quarter of Florida’s 400,000 absentee ballots had already been returned before Perry and Huntsman withdrew, and in 2008 nearly two-thirds of all Tennessee ballots were cast early. If you add in other states, more than a million voters have received ballots with the names of Perry, Huntsman and fellow candidate dropouts Herman Cain and Rep. Michele Bachmann (Minn.). Although many “early voters” cast ballots close to Election Day, that option isn’t available to service personnel whose ballot may need to traverse 10,000 miles.

Florida: Confusion feared since ballots bear names of presidential contenders no longer in race | Palm Beach Post

Only four candidates are facing-off in Tuesday’s Republican presidential primary, but there are nine names to choose from on the ballot. Although five candidates have dropped out of the race, including Minnesota Congressman Michele Bachmann and Texas Gov. Rick Perry, their names are still on the ballot. Palm Beach County elections chief Susan Bucher said Friday she is worried the ballots may confuse voters. She wants to make sure residents don’t “waste” their vote by choosing a candidate who dropped out. “It is a statewide issue,” said Bucher, who has discussed her concerns with the Secretary of State’s office. “I am just concerned that people will waste their vote, in what appears to be a very close election.”

Virginia: Rick Perry abandons lawsuit against Virginia election law | Chron.com

Rick Perry — the states’ rights champion who claimed in court that the state of Virginia did not have the constitutional right to adopt its restrictive election laws — has quietly dropped a challenge to Virginia’s rules for ballot petitions. The state of Virginia barred Perry from the state’s March 6 presidential primary ballot after the Texas governor failed to garner the required number of legitimate signatures on his nominating petitions. Perry filed suit to win a place on the ballot — a subject that became moot when the Texan pulled the plug on his unsuccessful White House effort on Jan. 19.

Texas: Supreme Court sides with Texas on redistricting plan | The Washington Post

The Supreme Court on Friday set aside Texas redistricting plans drawn by a federal court that were favored by minorities and Democrats, and ordered the lower court to come up with new plans based more closely on maps drawn by the Texas legislature. In an unsigned opinion that drew no dissents, the justices said a federal panel in San Antonio “exceeded its mission” in drawing interim plans for the state’s upcoming primaries. It said the court was wrong to believe its plans needed to be completely independent of the ones passed by the legislature. “A district court should take guidance from the state’s recently enacted plan in drafting an interim plan,” the justices wrote. They added, however, that courts must be careful not to incorporate parts of a state’s plan that might violate the Constitution and the federal Voting Rights Act.

National: More voters casting ballots early – early voting benefits campaigns with money, manpower | USAToday.com

When South Carolina voters cast their ballots in the Republican presidential primary Saturday, they’ll have company. That same day, Florida Republicans can begin in-person voting for the state’s Jan. 31 primary, joining more than 100,000 state residents who already have cast absentee ballots. As the votes are counted in Florida on Jan. 31, voters in Ohio and other states with primaries on March 6 — Super Tuesday because of its 10 GOP primaries and caucuses — will begin absentee voting. That week, voters can vote early in Arizona for its Feb. 28 primary. Later in February, polls will open for early voting in the March 6 Georgia and Tennessee primaries.

Virginia: Court rejects Perry’s ballot appeal | Politico.com

In a 22-page order, a three-judge panel of a federal appeals court today rejected Rick Perry’s appeal to appear on the Virginia ballot. Perry initially challenged the state’s stringent ballot laws on Dec. 27, after he and Newt Gingrich failed to qualify with the required 10,000 signatures. Gingrich, Rick Santorum and Jon Huntsman all joined the suit. U.S. district judge John Gibney ruled against the challenge last Friday, saying Perry and the other candidates had waited too long to file their suit. Perry and Gingrich both appealed the decision, but today’s ruling means their only path forward would be to appeal to the U.S. Supreme Court.

Illinois: Perry, Santorum could be knocked off Illinois ballot | Chicago Sun-Times

White House hopeful Rick Perry did not file correctly for the March 20 Illinois primary “beauty contest,” and some of rival Rick Santorum’s delegate slates are short of signatures, leaving them open to challenges that could knock them off the ballot. Illinois law requires candidates to file using their home addresses. Perry, the Texas governor whose candidacy may not survive through Illinois, used a post office box in Austin, Texas, for an address.

Virginia: Rick Perry Appeals Ruling Leaving Him Off Of Virginia 2012 GOP Primary Ballot | Huffington Post

Texas Gov. Rick Perry on Sunday appealed a federal judge’s refusal to add him and three other candidates to Virginia’s Republican presidential primary ballot. In a filing with the 4th U.S. Circuit Court of Appeals, Perry’s attorneys requested that the court order his name be placed on the ballot, or order that ballots not be printed or mailed before his appeal is considered. Perry sued last month after failing to submit enough signatures to get on the Mach 6 ballot. Former House Speaker Newt Gingrich, former Pennsylvania Sen. Rick Santorum and former Utah Gov. Jon Huntsman joined Perry’s lawsuit after also failing to qualify.

Virginia: Rick Perry, Newt Gingrich appeal for slots on Virginia ballot | Politico.com

Texas Gov. Rick Perry’s lawyers filed a motion with a federal appeals court Sunday, seeking to win him a place on the Republican presidential primary ballot in Virginia even though his campaign failed to gather the 10,000 signatures required by state law. The move came after another contender for the Republican presidential nomination, Newt Gingrich, filed a notice of appeal Saturday of U.S. District Court Judge John Gibney’s ruling Friday that Perry, Gingrich and other candidates who failed to make the cut waited too long to pursue their legal challenges, which were brought as ballot printing was getting underway and the mailing of absentee ballots was about to commence. However, Gibney said Perry and the other candidates would like have prevailed on their claim that a Virginia requirement that ballot petition circulators be Virginia residents violates the Constitution.

Virginia: Judge rejects Perry, GOP hopefuls for Virginia ballot | USAToday

A federal judge today rejected Rick Perry’s lawsuit challenging Virginia’s ballot requirements, meaning Mitt Romney and Ron Paul will be the only major GOP candidates on the ballot. U.S. District Judge John Gibney said in his ruling that Perry — along with GOP candidates Newt Gingrich, Jon Huntsman and Rick Santorum who joined in the Texas governor’s lawsuit — waited too long to file the complaint against the state’s ballot requirements. “They knew the rules in Virginia many months ago … In essence, they played the game, lost, and then complained that the rules were unfair,” Gibney wrote.

Virginia: U.S. judge rules against presidential primary ballot challenge | Richmond Times-Dispatch

U.S. District Judge John A. Gibney Jr. said Friday that he agreed the residency requirement is unconstitutional and felt they would prevail on that question if they pursued their case. He also said he believed an injunction the candidates sought to gain access to the ballot was in the public interest. However, he said, they should have gone to court back when it would have done them some good. “Had the plaintiffs filed a timely suit, the court would likely have granted preliminary relief,” said Gibney.

Virginia: Judge to Rule on Virginia Primary Ballot Friday | NBC4 Washington

As a result of Virginia law, some residents of the state may not have the opportunity to vote for their desired candidate in the March 6 primary. Rick Santorum, Newt Gingrich, and Jon Huntsman have joined Rick Perry in seeking a court order to be included on Virginia’s primary ballot. However, a federal judge did say on Tuesday that the candidates are likely to prevail in the case because of a possibly unconstitutional provision.

Virginia: Perry urges appeals court to uphold Virginia absentee ballot order | Politico.com

Rick Perry filed a brief Wednesday morning with the U.S. Court of Appeals for the Fourth Circuit, asking that the court not reverse a district court judge’s order earlier this week to stop printing Virginia absentee ballots. After a federal judge in Virginia issued an order halting the preparation of ballots for the state’s March 6 primary, Virginia officials filed an emergency appeal asking for that order to be overturned.

Virginia: Federal judge says to wait on Virginia GOP ballot | Richmond Times-Dispatch

A federal judge has ordered Virginia’s 134 local electoral boards not to mail out any ballots for the March 6 Republican primary until after a hearing Friday. U.S. District Judge John A. Gibney Jr. also told the Virginia State Board of Elections to direct the local boards to refrain, to the extent possible, from printing ballots until the hearing on Texas Gov. Rick Perry’s emergency challenge can be held.

Texas: Voting Rights Clash Puts U.S. High Court in Election Fray | Businessweek

As the election year dawns, the U.S. Supreme Court is right in the thick of it. The justices return today from their holiday break to hear arguments on an expedited basis over minority voting rights in Texas’s congressional and state legislative districts. Together with disputes over immigration and health care, the redistricting case is part of a Supreme Court term with repercussions for November’s presidential and congressional elections.

The Texas case will determine the power of judges to redraw voting-district lines — and will test the strength of a central provision of the 1965 Voting Rights Act: its requirement that some states get federal “preclearance” before changing election rules. Texas is asking the high court to put in place three Republican-drawn maps for this year’s elections, even though they haven’t received that preclearance.

“It would essentially give a major way for states to circumvent the Voting Rights Act,” said Pamela Karlan, a professor at Stanford Law School who represents the Texas Mexican American Legislative Caucus, one of the groups battling the state’s Republicans in court.

Texas: Voting Rights Case Confounds U.S. High Court Justices | Businessweek

U.S. Supreme Court justices grappled with minority voting rights in Texas’s congressional and state legislative districts, trying to find a quick fix against the backdrop of looming deadlines. During arguments today in Washington, the justices gave no clear answer as to how or when they will rule in the case, which tests the power of judges to redraw voting-district lines and the strength of a central provision of the 1965 Voting Rights Act.

Several justices lamented the lack of an easy answer in a case being considered on an expedited schedule because of the impending Texas primary, set for April 3 after a judge delayed the vote for a month. The justices discussed moving the primary date back further to give the courts handling different aspects of the case more time.

Editorials: Super PACs alter the dynamics of fundraising | The Washington Post

Well-established candidates have always had the edge in fundraising, but under the new rules governing money in politics, it looks as if the rich are just getting richer. The vast majority of the $14 million in spending from “super PACs,” a new type of political group, has been spent on behalf of three candidates: Mitt Romney, Rick Perry and Jon Huntsman Jr., federal records show. Those are the same three candidates already most reliant on money from large donors.

“It’s just proven to be a vehicle for getting around contribution limits,” said Michael Malbin, a scholar at the Campaign Finance Institute, which advocates for regulations encouraging small donors. “It’s made for people who’ve already maxed out.”

Two years after the Supreme Court decided the landmark Citizens United v. Federal Election Commission case, it is becoming clear that the super PACs created under the new rules will act as a counterweight to a rise in online grass-roots fundraising. The online efforts, which tend to attract small donations, have been driving unconventional contenders in the GOP field, including Rep. Ron Paul (Tex.) and Rep. Michele Bachmann (Minn.). (Bachmann dropped out of the race last week after a sixth-place finish in Iowa.)

Illinois: Santorum, Gingrich get on Illinois Republican primary ballot | chicagotribune.com

Surprise Iowa caucus near-winner Rick Santorum and Newt Gingrich filed Friday to secure spots on Illinois’ March 20 primary ballot, adding their names to those of Mitt Romney, Ron Paul and Rick Perry.

On the last day to submit paperwork, Santorum filed only 41 candidates for national convention nominating delegates out of 54 possible slots among the state’s new 18 congressional districts. Perry, the Texas governor, filed only one delegate candidate. Romney, Paul and Gingrich filed full elected-delegate slates. Not making the ballot or filing delegate candidates was former Utah Gov. Jon Huntsman, who has made a strong showing in Tuesday’s New Hampshire primary a priority.

Virginia: Judge allows GOP presidential hopefuls to join Perry’s ballot suit | The Washington Post

A federal judge in Richmond agreed Wednesday to let three Republican presidential candidates join the lawsuit Texas Gov. Rick Perry brought after failing to qualify for Virginia’s GOP primary ballot. U.S. District Judge John A. Gibney Jr. granted a motion to intervene brought by former senator Rick Santorum (Pa.), former House speaker Newt Gingrich (Ga.) and former Utah governor Jon Huntsman. Rep. Michele Bachmann (R-Minn.), who also had sought to join the suit, was not included in the order. She dropped out of the race Wednesday after a last-place finish in the Iowa caucuses.

The ruling means the case against Virginia’s GOP chairman and members of the State Board of Elections would go forward even if Perry, who had a poor showing in Iowa, dropped out of the race, said Carl Tobias, a professor at the University of Richmond School of Law. “They would keep it alive,” he said. “Once they’re parties, they step into the shoes of the plaintiff.”

Editorials: Solving the problem of Virginia’s restrictive primary rules by allowing for write-in candidates | Slate Magazine

Intelligent life exists beyond Iowa, and even beyond New Hampshire. Before the Republican Party crowns its nominee, voters from other states should and will be heard. Or will they? According to Virginia law, many a lawful voter will not be allowed to vote for the candidate she truly favors on the day of the Virginia primary—March 6, to be precise. So far, no one seems to have highlighted this gaping flaw in the Virginia election code.

Virginia’s ultra-strict ballot-access laws, whose obstacle course kept every Republican presidential candidate off the ballot except Mitt Romney and Ron Paul, were challenged last week by Rick Perry’s legal team and supporters of Newt Gingrich. Last Friday four other GOP candidates signed onto Perry’s legal challenge as well.

Virginia’s ballot-access rules are indeed extreme, but it’s hard to say, as Perry’s lawyers are contending, that these rules are unconstitutional. Governments are allowed to print official ballots, and as long as they are in this business, surely they may choose to list only the names of the major candidates. Short lists plausibly promote democracy by making it easy for the ordinary voter to find and vote for his preferred candidate.

Virginia: State to print, mail ballots despite Perry suit | Reuters

Texas Governor Perry sued Virginia election officials after state Republican officials ruled he did not get the required number of verified voter signatures, arguing the state’s qualification process limits voters’ access to the candidates of their choosing. U.S. District Judge John Gibney set a January 13 hearing on the matter.

To comply with laws that protect overseas absentee voters, the state must send ballots to them at least 45 days before the March 6 primary contest, meaning they will have to be mailed by January 21. It takes about two weeks to prepare and mail ballots, a state official said.

Former House of Representatives Speaker Newt Gingrich also failed to get the 10,000 verifiable signatures, including at least 400 qualified voters from each congressional district, that are necessary to be included in Virginia’s primary.