Editorials: Virginia’s primary failure | The Washington Post

If the aim of Virginia was to host a presidential primary that no one cared about, it seems to have succeeded. Only two candidates — former Massachusetts governor Mitt Romney and Rep. Ron Paul (Tex.) — qualified to appear on the ballot, and many voters may be discouraged by a foolish loyalty oath requirement by the Republican Party. It’s too late to change the requirements for access to the 2012 ballot, but a priority of the returning General Assembly should be to review a primary system that has so little regard for the interests of voters.

The failure of former House speaker Newt Gingrich and Texas Gov. Rick Perry to qualify for the March 6 primary has renewed scrutiny of the state’s cumbersome laws governing ballot access. Seen as among the nation’s most stringent, the Virginia rules demand that a candidate collect 10,000 voter signatures, an unusually high number, with additional requirements on how they can be collected, where and by whom. Clearly, Mr. Gingrich and Mr. Perry, who has gone to court in a bid to get his name on the ballot, must accept responsibility for not gathering the requisite number of names; the rules are well known and have been in place for years.

Virginia: Four GOP candidates join Perry’s lawsuit challenging Virginia ballot access | The Hill

Four additional GOP presidential candidates joined Rick Perry’s federal court challenge to Virginia’s ballot-access rules this weekend, in a show of force by five rivals for the Republican nomination who otherwise will not appear on the state’s primary ballot. Michele Bachmann, Newt Gingrich, Rick Santorum, Jon Huntsman, and Perry all failed to qualify for Virginia’s primary ballot because their campaigns did not collect enough signatures.

Texas Gov. Perry first filed a federal court challenge to Virginia’s ballot-access rules on Tuesday. Attorneys representing the additional candidates sent a letter to the chairman of Virginia’s Republican party on Saturday. The letter asks that the candidates’ names be added to the ballot, an action that would moot their constitutional challenge to the current law. The state requires candidates to obtain 10,000 signatures from registered voters in the state, including at least 400 from each of 11 congressional districts.

Virginia: Republican candidates may get another shot at Virginia ballot for Super Tuesday | The Washington Post

 

The slate of Republican presidential hopefuls who did not qualify for the Virginia primary might get another shot. Attorney General Ken Cuccinelli II plans to file emergency legislation to re-open the process to GOP candidates. Virginia’s process has come under fire since it was announced last week that only former Massachusetts governor Mitt Romney and Rep. Ron Paul (Tex.) had qualified for the ballot.“Recent events have underscored that our system is deficient,” Cuccinelli (R) said in a statement Saturday. “Virginia owes her citizens a better process. We can do it in time for the March primary if we resolve to do so quickly.”

 

Neither Texas Gov. Rick Perry, Rep. Michelle Bachmann, former senator Rick Santorum nor former House speaker Newt Gingrich submitted the 10,000 signatures required to get a spot on the state’s ballot in time for Super Tuesday. According to news reports, Cuccinelli’s plan would allow candidates who qualify for federal matching funds to go onto the state’s ballot. Perry’s campaign filed a lawsuitmaintaining that he was unable to submit the required signatures because of the state’s “requirement that all petition circulators be an eligible or registered qualified voter in Virginia.”

Virginia: Rick Perry to ‘Activist Judges’: Save Me | Garrett Epps/The Atlantic

Rick Perry appears to be riding into the sunset, but he is not leaving the stage without exercising a true politician’s prerogative of cheerfully sacrificing any principle, no matter how strongly stated, when it becomes inconvenient.

If there’s one thing we know about Perry — one dry-gulch bedrock to his cowboy constitutional philosophy — it’s that he just hates them activist judges and all the perverted things they have done to the Fourteenth Amendment. “[T]he Fourteenth Amendment is abused by the Court to carry out whatever policy choices it wants to make in the form of judicial activism,” he lamented in his book, Fed Up! Our Fight to Save America from Washington. In particular, courts “should be particularly protective of our founding structure — a unique structure of dual sovereigns that placed power as close to the people as was practical so that the people could govern themselves.”

Surely that would mean that the people of Virginia should have a right to determine what level of support a candidate needs to be a serious presidential candidate, deserving of a place on its primary ballot? Or should that decision be made by “unelected judges”? Well, actually, unelected judges are suddenly looking right good to Gov. Perry. Perry last week failed to qualify for the Virginia Republican Primary ballot, both a humiliating blow to his dignity and a concrete setback to his hope of remaining in the presidential race after his expected low showing in Iowa.

Editorials: Virginia: If it’s wrong to exclude Gingrich and Perry, can they get on ballot? | CSMonitor.com

Mitt Romney is having fun with Newt Gingrich’s inability to qualify for the Virginia primary ballot, likening him to Lucille Ball in the famous episode of “I Love Lucy” where she can’t keep up with a conveyor belt of chocolates. “You’ve got to get it organized,” Mr. Romney chided Tuesday in New Hampshire. But to Mr. Gingrich, the former House speaker and a leading contender for the Republican presidential nomination, the ballot failure is no laughing matter.

He also has influential Virginians who agree that it was wrong to exclude Gingrich and Texas Gov. Rick Perry from the March 6 Virginia primary. Each had submitted more than the required 10,000 signatures, but on Dec. 24, state election officials deemed that they did not have enough valid signatures to qualify.

Romney and Texas Rep. Ron Paul are the only two candidates to qualify for the Virginia primary ballot. Other major contenders, such as Rep. Michele Bachmann of Minnesota and former Sen. Rick Santorum of Pennsylvania, did not attempt to collect the necessary signatures.

Virginia: Effort made to get more GOP hopefuls on ballot | HamptonRoads.com

Two former state political party chairmen are asking for emergency legislation to get more Republican presidential candidates on Virginia’s March 6 primary ballot.

Standing outside the State Capitol, Paul Goldman, the onetime state Democratic Party chairman, and ex-Republican Party chairman Patrick McSweeney called Virginia’s ballot-qualification rules onerous and flawed. They urged lawmakers to change them immediately when they convene Jan. 11 so voters can choose from an array of Republican candidates on Super Tuesday.

Their appeal came the same day that state election officials approved the Virginia GOP’s request for a closed primary – meaning that would-be voters must promise to vote for the eventual Republican presidential nominee in the November election before they’ll be given a primary ballot.

Texas: When is state law not enforceable? Texas awaits DOJ approval for its new voter photo ID law | State of Elections

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up. Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas.

Virginia: Rick Perry files federal lawsuit challenging Virginia ballot-access law | dallasnews.com

Rick Perry , a vocal advocate of states rights, has gone to federal court in a bid to overturn the Virginia state law governing access of its ballot. Perry failed to meet the requirements of the state law by submitting enough signatures for the GOP primary in Virginia. The Perry campaign announced it has filed suit challenging the constitutional validity of the Virginia statute that regulates access to the ballot by presidential candidates. Perry’s lawyers say it might be state law, but it limits the rights of voters to vote for the candidate of their choice — i.e. Rick Perry. The Texas governor won’t be on the Virginia primary ballot due to the Perry camp’s failure to get enough signatures.

Perry’s campaign appeared to recognize the problem of touting states rights on one hand while asking the federal government to overrule a states’ law on the other. In a statement, campaign manager Ray Sullivan said: “Gov. Perry greatly respects the citizens and history of the Commonwealth of Virginia and believes Virginia Republicans should have greater access to vote for one of the several candidates for President of the United States. “Virginia ballot access rules are among the most onerous and are particularly problematic in a multi-candidate election. We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot, and we hope to have those provisions overturned or modified to provide greater ballot access to Virginia voters and the candidates seeking to earn their support.”

Texas: Voter ID law may not be implemented in time for 2012 primaries | Star Telegram

Seven months ago, Gov. Rick Perry stood at a lectern in the Texas Capitol flanked by dozens of fellow Republican state lawmakers to celebrate a new state law.

“It’s our duty to ensure that elections are fair, beyond reproach, accurately reflecting the will of the people,” Perry said. “And that’s what voter ID is all about.” He then ceremoniously signed the bill requiring Texas voters to present a valid state or federal photo ID to vote. The plan was for Senate Bill 14 to be enacted Jan. 1, in time for the 2012 elections.

But that timeline is in doubt as the Justice Department continues reviewing new voter identification laws passed in Texas and other states. Because of a history of racial discrimination, Texas remains one of many states still subject to one or more sections of the Voting Rights Act. That requires Texas to get federal approval, or pre-clearance, for any changes to voting procedures.

Virginia: Bachmann, Huntsman, Santorum not on Virginia primary ballot | Richmond Times-Dispatch

Four Republican presidential candidates – Mitt Romney, Newt Gingrich, Rick Perry and Ron Paul — submitted paper work in time to qualify for Virginia’s March 6 primary ballot.

No other GOP contender will be on the Virginia ballot. Rep. Michele Bachmann, former Sen. Rick Santorum and former Utah Gov. Jon Huntsman did not submit signatures with Virginia’s State Board of Elections by today’s 5 p.m. deadline. Those who submitted the required signatures must clear another hurdle. The Republican Party of Virginia has until Tuesday to certify which candidates qualify.

Virginia: Gingrich, Perry disqualified from primary ballot | The Washington Post

Former House speaker Newt Gingrich and Texas Gov. Rick Perry failed to submit enough valid signatures to qualify for the Virginia primary ballot, state GOP officials said Friday evening and early Saturday. The Republican Party of Virginia announced early Saturday that Gingrich and Perry failed to submit 10,000 signatures of registered voters required to get their names on the ballot for the March 6 primary.

“After verification, RPV has determined that Newt Gingrich did not submit required 10k signatures and has not qualified for the VA primary,” the party announced on Twitter.

The rejection is a significant setback for the Gingrich campaign since he is leading the polls in Virginia among likely Republican voters and is seen as a strong contender for the nomination.

Virginia: Perry fails to qualify for Virginia’s presidential primary | Richmond Times-Dispatch

Texas Gov. Rick Perry has failed to qualify for Virginia’s March 6 Republican presidential primary, according to the Republican Party of Virginia. Volunteers at state GOP headquarters are continuing to assess whether former Speaker of the House Newt Gingrich has amassed the required 10,000 signatures of registered voters.

Earlier today the state GOP certified that former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul will be on the ballot for the state’s Republican primary.

Texas: Elections Paralyzed by Hearing Before Supreme Court | NYTimes.com

Jacquelyn F. Callanen was neither a plaintiff nor a defendant in the redistricting case that the Supreme Court decided to hear last week. But her life — and her office — went from calm to chaos because of it. Ms. Callanen is the elections administrator for Bexar County in south-central Texas, home to San Antonio and 1.7 million residents. The Supreme Court’s decision temporarily blocked a set of district maps that Ms. Callanen and other officials around the state were going to use in next year’s elections.

Less than 90 days before the scheduled March 6 primary, Ms. Callanen has no electoral map in place for Congressional and State House and Senate districts in Bexar County, and none are in effect in any other county either. Much of the political geography of the country’s second-biggest state, in other words, has essentially vanished.

Texas: High Court Halts New Texas Electoral Maps | NYTimes.com

The Supreme Court has blocked the use of Texas state legislative and congressional district maps that were drawn by federal judges to boost minorities’ voting power. The court issued a brief order Friday that applies to electoral maps drawn by federal judges in San Antonio for the Texas Legislature and Congress. The justices said they will hear arguments in the case on Jan. 9.

Texas says the federal judges overstepped their authority and should have taken into account the electoral maps that were drawn by the Republican-dominated Texas Legislature. The order brings to a halt filing for legislative and congressional primary elections that began Nov. 28. The primaries had been scheduled to take place in March but with the Supreme Court’s intervention, those elections almost certainly will be delayed.

Texas: Supreme Court weighs GOP appeal over Texas election map | latimes.com

The Supreme Court is likely to decide early this week whether to act on an appeal from Texas Republicans and block the use of an election map that could help three or more Latino Democrats win seats in Congress next year.

The case of Rick Perry vs. Shannon Perez is the first redistricting battle to come before the high court in the round of political line-drawing that followed the 2010 census. It mixes partisan politics with a continuing legal dispute over the role of the Voting Rights Act in aiding minority candidates.

Obama administration lawyers had joined the case on the side of Latino civil rights advocates. Together, they argued that Texas Republicans who control the Legislature had denied fair representation to the state’s growing Latino minority. Texas was a big winner in the recent census tally. Its population grew by nearly 4.3 million, driven by a surge of Latinos. Based on this growth, the Lone Star State will receive four more seats in the House of Representatives, giving it 36.

Editorials: Voting Rights and Texas | NYTimes.com

Texas grew so much over the last decade that it qualified for four new House seats. Almost all of that growth — more than four million people — came from new Hispanic residents, but when the Republicans who control the State Legislature drew the new districts last summer, they reduced the number of districts where minorities could elect the candidate of their choice to 10 from 11.

Hispanics tend to vote Democratic, and under the Texas redistricting plan, the number of safe Republican seats would have risen to 26 from 21. This egregious violation of the Voting Rights Act prompted Hispanic groups to sue, and last month a federal court panel threw out the Legislature’s plan, which was also backed by Gov. Rick Perry. The court has drawn up a plan with three new districts in which minorities would be the majority, potentially giving the Democrats a gain of as many as four seats. Republicans immediately cried foul, demanding an end to judicial meddling.

Voting Blogs: Texas Voter ID law approval hits new snag | Postcards

Texas provided “incomplete” information on the state’s voter ID law that does not enable federal officials to determine whether the new law would illegally discriminate against minorities, officials said this afternoon. That means that it will likely delay the scheduled Jan. 1 start of enforcement of the new law, which will require Lone Star voters to show an approved photo identification before they can cast ballots. However, the next statewide election is the March primary, and it was unclear if the delay would affect that election.

Justice Department officials have 60 days to decide whether the new law violates the Voting Rights Act, once they receives the information from Texas officials.The law was a hot-button issue for conservative Republicans that Gov. Rick Perry had elevated to an emergency issue to get it quickly passed into law last spring. Democrats, voting-rights advocates and minority groups had harshly criticized the law, but were unable to block its passage in the Republican-controlled Legislature.

Texas: Feds hold up Voter ID law, want more information | Houston Chronicle

The Texas voter ID law, one of Gov. Rick Perry’s top priorities during the 2011 Legislature, has been stalled by the U.S. Justice Department, which is insisting on demographic information about voters that state election officials say is virtually impossible to provide.

Texas Republicans expressed dismay Thursday after Justice Department officials said they need voter information about race and ethnicity before they can approve the controversial law, which is scheduled to take effect on Jan. 1. The ruling raises the possibility that the law will not be in place by the March 6 primary.

Texas: Dems challenge Texas GOP lawmaker to back up Voter ID claim | Chron.com

With the new Texas voter ID bill now under scrutiny at the Department of Justice, Democrats are pressing Rep. Larry Gonzales, R-Round Rock, to present information proving the legislation will not infringe on minority voter’s rights. In an interview with YNN on Oct. 14, Gonzales responded to a report released by the Secretary of State that found 605,576 registered voters lack a state-issued driver’s license or identification card.

“What the Democrats aren’t taking into consideration is the numbers they saw do not include all 7 forms of identification (allowed under the new law),” Gonzales said. “We feel confident once all the forms are included, no one will be disenfranchised and people will have access to the polls.”

Texas: Voter ID law examined | Cherokeean Herald

With early voting already underway across Cherokee County, many are learning about the state’s new voter ID bill – and the United States government wants to know more about it, as well. The bill, signed into law in May by Gov. Rick Perry, requires voters to present one of five accepted forms of voter ID – a drivers license, military ID, passport, concealed handgun license or a special voter ID provided by the state free of charge – before voting. Individuals over the age of 70 are exempt from the law.

“This simple action, no more complicated then cashing a check down at the HEB or applying for a library card down the street, will appropriately help maintain the integrity and fairness of our electoral system here in the Lone Star State,” Gov. Perry said prior to the signing.

Texas: Secretary of State Responds to Feds on Voter ID | The Texas Tribune

The Texas secretary of state submitted additional information to the Department of Justice on Tuesday in an effort to ensure the state’s controversial voter ID law is implemented on time. It’s unclear, though, whether the data Texas provided will allow federal voting officials to determine whether the law would disenfranchise minority voters.

The bill, SB 14 by state Sen. Troy Fraser, R-Horseshoe Bay, is scheduled to take effect Jan. 1. But the timeline appeared in jeopardy last month after the DOJ said it needed additional information to ensure the law would not infringe on the voting rights of certain minority groups. The law, which Gov. Rick Perry deemed an emergency item during the legislative session this year, would require voters to furnish a state-issued photo ID before casting a ballot.

Editorials: State voter ID laws: Democracy treads backward | Neal Peirce/OregonLive.com

Could Bill Clinton have it right — that we’re seeing the most “determined effort” in half a century to limit Americans’ right to vote? That the new wave of restrictions are the worst, as the former president puts it, “since we got rid of the poll tax and all the Jim Crow burdens on voting”?

Alarmingly, the evidence supports Clinton’s position. Bills to require government-issued photo identification at the polls have passed this year in several states where Republicans control both the governorships and legislatures — Texas, Wisconsin, South Carolina, Alabama, Kansas and Tennessee. And they’re being advanced in several more GOP-held states.

The alleged reason: serious voter fraud. But the facts beg to differ. The Brennan Center for Justice reports that actual prosecutions, arrests or findings of voter malfeasance are exceedingly rare. Kansas reports more sightings of UFOs than voter-fraud charges. Realistically, there’s no significant problem.

Texas: Will Federal Request Delay Texas Voter ID Law? — Voter ID | The Texas Tribune

Doubts are being raised as to whether the state’s controversial voter identification bill will be implemented on schedule because Texas does not ask its citizens their race when they register to vote. As passed during the regular session of the 82nd Texas Legislature, Senate Bill 14 by state Sen. Troy Fraser, R-Horseshoe Bay, would require that voters present a valid state-issued ID before casting a ballot. Gov. Rick Perry deemed the legislation an emergency item. It is scheduled to go into effect Jan. 1, 2012.

Under the federal Voting Rights Act, the U.S. Department of Justice or the federal courts have authority to review laws that would affect voter turnout before they are enacted. Last week the department asked for more information before it could render a decision on whether to grant Texas’ request for preclearance, which the Texas Secretary of State submitted in July.

Texas: Justice Department: Texas Congressional Map Discriminates Against Hispanics | Roll Call

The Justice Department today accused Texas officials of enacting a new Congressional map that purposefully dilutes minority voting power.

“Based on our preliminary investigation, it appears that the proposed plan may have a prohibited purpose in that it was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to Congress,” the Justice Department wrote in its brief.

Editorials: Is Rick Perry Right That the Seventeenth Amendment Was a Mistake? | Vikram David Amar/Verdict.Justia

Among the many provocative things Republican presidential candidate Rick Perry has said is that the American people “mistakenly empowered the federal government during a fit of populist rage in the early twentieth century . . . by changing the way senators are elected (the Seventeenth Amendment).”

In this column, we analyze why the Seventeenth Amendment—providing for direct election of U.S. Senators—came about, and whether it would be a good and/or workable idea, as Perry suggests, to repeal it.

The Original Constitution and the Provision for State Legislative Election of Senators

Most historians and legal commentators agree on the basic story of Senate election methods. In 1787, the Framers and ratifiers of the original Constitution chose legislative election largely to safeguard the existence and interests of the state governments.

Texas: Redistricting Battle Coming in Texas | Roll Call

The Justice Department will deliver its opening salvo today in Texas’ controversial redistricting case, laying out its initial argument on whether the state’s new Congressional map adheres to the Voting Rights Act.

The department’s legal brief will also give a hint as to how hard the Obama administration will fight for Hispanic voters in a proxy battle against one of the president’s potential opponents next year, Texas Gov. Rick Perry (R).

“It’s a critical step in figuring where we end up in redistricting, especially Congressional redistricting,” said Michael Li, a Democratic election attorney in Dallas. “It’s the first time Democrats have controlled the Justice Department [during this process] in 40 years, since the Voting Rights Act was enacted. Everyone has been wondering how aggressive the Justice Department is going to be.”

Voting Blogs: Unfair Disparities in Texas Voter ID | Brennan Center for Justice

On May 27, 2011, Texas Governor Rick Perry signed into law Senate Bill 14, which requires that voters show photo identification at the polls in order to cast a ballot. Only the following forms of ID are acceptable for purposes of voting:

  • Texas driver’s license;
  • Personal identification card issued by the Texas Department of Public Safety and featuring the voter’s photograph;
  • Election identification certificate (a new form of state photo identification created by the legislation);
  • U.S. military identification card featuring the voter’s photograph;
  • U.S. citizenship certificate featuring the voter’s photograph;
  • U.S. passport; or
  • Concealed handgun permit issued by the Texas Department of Public Safety.

To obtain an election identification certificate, personal identification card, or driver’s license, individuals must travel to a Texas Department of Public Safety (DPS) office. Texas DPS runs the state’s Driver License Offices (DLOs). If the forms of identification mentioned above are obtainable at a DLO location, then assessing whether minorities must travel longer distances to reach their nearest DLO location is relevant to understanding the effect of Texas’ voter ID law. My analysis shows that Latino voters in Texas must travel farther than white voters to reach their nearest DLO.

Texas: Voter ID law in federal hands as groups file papers | Star Telegram

The contentious issue of voter ID in Texas is now in the hands of federal officials. On Wednesday, several civil-rights groups filed documents with the Justice Department, asking officials to oppose any early approval or “pre-clearance” of the measure, which fully takes effect in Texas on Jan. 1.

The groups — which include the American Civil Liberties Union, the Asian American Justice Center, the Advancement Project, the Southwest Workers Union, and the New York-based public policy and advocacy group DEMOS — said the law discriminates against black and Hispanic voters.

“This law is a part of the largest legislative effort to turn back the clock on voting rights in our nation in over a century,” said Judith Browne Dianis, co-director of the civil-rights “action tank” the Advancement Project. “If this bill is allowed to stand, it will undermine the basic fabric of our nation’s democracy.”

National: Repealing the Voting Rights Act | Technorati

The State of Arizona and its Republican Governor Jan Brewer received a lot of negative press and garnered national attention last year over its immigration legislation that allowed for racial profiling. It also drew the attention of the Obama administration and the Department of Justice (DOJ). Last week, Arizona filed a lawsuit challenging the Voting Rights Act of 1965 (VRA). Arizona’s Republican Attorney General Tom Horne said that the requirement for the state to get prior approval from the DOJ for any changes to the state’s election laws is unconstitutional.

U.S. Attorney General Eric Holder responded to the Arizona suit that the Voting Rights Act is vital to ensure that “every American has the right to vote and have that vote counted.” Holder added, “The provisions challenged in this case, including the preclearance requirement, were reauthorized by Congress in 2006 with overwhelming and bipartisan support.” Holder said the DOJ “will continue to enforce the Voting Rights Act, including each of the provisions challenged today.”

Texas: Confusion reigns over 2012 election calendar | Star-Telegram

Despite efforts by state lawmakers to avoid a confusing election schedule in 2012, that may be exactly what many Texas voters face next year anyway. Gov. Rick Perry signed a bill this summer tweaking the election laws to comply with new federal rules designed to make it easier for members of the military to vote.

A key side effect is that the measure pushes back runoffs from next year’s March 6 primaries into May, when cities, school districts and other local entities hold elections. Early voting for primary runoffs would begin just days after the May 12 local elections. Supporters of the legislative action predicted that the new rules would lead local entities to move their elections to next November or to the following May.