Australia: NSW state election 2015: China may seek to hack electronic votes: report | The Canberra Times

If you thought Chinese intelligence agencies had more on their minds than the NSW election, you should think again, according to a security analysis that found our key trading partner may seek to disrupt the state’s democratic big day. A report commissioned by the NSW Electoral Commission warned cyber attacks could be waged against iVote, an electronic system that will allow eligible people to vote in the March 28 election using the internet or a phone. Up to 200,000 voters are expected to register. The consultants’ report, parts of which have been labelled “silly”, lumped groups such as al-Qaeda and the governments of China, North Korea and Iran with the home-grown “threat” of anti-coal and refugee activists. It claimed covert groups with a “broad spectrum of capability” may use “offensive actions” to influence the NSW election result, embarrass authorities or gain media attention.

El Salvador: Sabotage Alleged as El Salvador Vote Count Enters Fifth Day | Bloomberg

Four days after El Salvador’s legislative and mayoral elections, voters in the Central American country are still waiting for results as officials allege that the process of transmitting the votes electronically was sabotaged. Julio Olivo, the head of the country’s elections tribunal, said on Thursday that the Attorney General’s office will investigate failures of an electronic system that prevented officials from disclosing preliminary results on Sunday after polls closed. He said Soluciones Aplicativas S.A, a company hired to scan and disclose voting ballots, “could be extracting information and even changing certain things. There was sabotage in the process of transmitting data,” Olivo said on Wednesday. “We are going to prove it in the courts and a bunch of people are going to fall.”

National: Democrats want to add right to vote to the Constitution | MSNBC

Democrats have came out in support of a constitutional amendment guaranteeing the right to vote. The proposed amendment has no realistic shot at passing for the foreseeable future. But the move points to an intensifying Democratic response to the wave of conservative efforts to restrict voting, and lays down a clear marker for the party’s long-term goal. “We have been having an expanding of the franchise in America. That’s the trajectory of history,” Rep. Keith Ellison (D-Minn.), who, with Rep. Mark Pocan (D-Wisc.) has introduced legislation in Congress for a right-vote amendment, told msnbc in an interview. “But in recent years, folks who don’t want everybody to vote have been very busy, and they’re trying to peel back the trajectory of opportunity to vote and participate in our society.” At its winter meeting Saturday in Florida, the Democratic National Committee unanimously passed a resolution that supports “amending the United States Constitution to explicitly guarantee an individual’s right to vote.” The DNC also said it would urge state parties to push for statewide referenda backing the idea, and pledged to create a “Right to Vote Task Force” to offer ideas on how to protect voting rights. The resolution was submitted by Rep. Debbie Wasserman Schultz, the chair of the DNC, as well as Donna Brazile, a vice chair and prominent figure in the party.

National: ‘Ballot Selfies’ Clash With The Sanctity Of Secret Polling | NPR

From Pope Francis and President Obama to the kid down the block, we have, for better or worse, become a world full of selfie-takers. But as ubiquitous as they are, there are some places where selfies remain controversial — like the voting booth. The legal battle rages over so-called “ballot selfies” in the state that holds the first presidential primary. This may be a fight of the digital age, but according to New Hampshire Secretary of State Bill Gardner, it involves a very old American ideal — the sanctity of the secret ballot. “If somebody wants to go out and say that they voted for this person or that person they can do it. They can do it, but that ballot is sacred,” he says. Gardner has been the state’s top election official since 1976. To say he views ballot selfies with suspicion would be an understatement. He backed a change in law last year that made New Hampshire the first state to ban them explicitly.

Voting Blogs: Restaffed EAC Advances Voting Systems in First Meeting | Adam Ambrogi/Democracy Fund

At its first meeting on Tuesday, the new quorum of the U.S. Election Assistance Commission (EAC) took an important, much-awaited step toward making the work of election officials easier and improving the voter experience around the country. For four years, the lack of a quorum of Commissioners blocked the accreditation of new voting system test laboratories, which meant only two facilities in the country were able to review the quality and accessibility of voting systems. Yesterday’s accreditation of a third test laboratory promises to help alleviate the looming risk of major voting machine problems that have worried many smart observers. Federally accredited labs commonly test products we use everyday, from toasters to children’s toys, to ensure they are safe. Similarly, to protect the legitimacy of our elections, the Help America Vote Act (HAVA) requires the EAC to put voting machines through rigorous testing and certification.

Connecticut: Merrill Proposes Registrar Reforms; Critics Skeptical | Hartford Courant

Secretary of the State Denise Merrill Wednesday proposed scrapping the state’s system of having two elected registrars, a Democrat and a Republican, run elections in each of the state’s 169 municipalities, saying she would replace them with a single registrar appointed by officials in each city or town. “Connecticut is the only state in the country that leaves election administration to two partisan locally elected officials,” Merrill, the state’s chief elections official, said at a Capitol press conference at which she proposed that legislators pass a bill to reform the system.

North Carolina: Wake judge allows case on voter ID law to proceed to trial | News Observer

A Wake County judge has refused to dismiss a challenge to North Carolina’s voter ID law, saying in a ruling issued Friday that most of the claims in the lawsuit are strong enough to take to trial. Judge Mike Morgan dismissed two of six claims made by the League of Women Voters of North Carolina, the A. Philip Randolph Institute and five female voters who contend that requiring voters to show photo ID at the polls violates the North Carolina State Constitution. Attorneys for the legislators behind the 2013 elections-law overhaul argued three weeks ago to Morgan that the case should be dismissed outright and that no one would be prohibited from voting if they did not have one of the acceptable forms of ID. The attorneys for the lawmakers contended that because an ID will not be necessary to cast a mail-in absentee ballot, that the challengers’ arguments have no merits.

Ohio: Redistricting reform for Ohio congressional maps proposed by House Democrats | Cleveland Plain Dealer

A pair of House Democrats announced Thursday a plan to change how Ohio draws its congressional districts, but a similar plan lacked support last year in the Republican-led legislature. The proposal, introduced by Reps. Kathleen Clyde of Kent and Mike Curtin of Marble Cliff, resembles one that the Republican-led General Assembly approved last year for drawing Statehouse districts. That plan goes before voters in November. … Clyde and Curtin’s plan has no Republican co-sponsors. Currently, congressional lines are drawn every 10 years by a committee of lawmakers and approved by the General Assembly. The setup allows the party in power — Republicans in 2011 — to draw lines and approve maps without minority-party input. Republicans hold 12 of Ohio’s 16 congressional seats yet only won 55 percent of the votes in recent congressional elections statewide.

Canada: New voter ID rules face charter challenge from 2 advocacy groups | CTV News

Two advocacy groups are asking the courts to set aside new Conservative election rules that they say will make it more difficult for thousands of Canadians to vote in this year’s federal election. The Council of Canadians and the Canadian Federation of Students have filed evidence to support a constitutional challenge of last year’s legislation, dubbed the Fair Elections Act by the Harper government. “The very legitimacy of the government is at issue if these rules stand, in our submission,” lawyer Steven Shrybman told a news conference Monday. The groups say new voter identification rules contravene Section 3 of the charter, which states everyone has the right to vote, as well as the equality provisions in the Constitution. The office of Democratic Reform Minister Pierre Poilievre did not respond to a request for comment on the court challenge.

United Kingdom: Number of voters on electoral register drops by 920,000 | The Guardian

Almost a million voters – many of them young people and students – have disappeared from the electoral register in the past year, according to figures from the Electoral Commission. The register has fallen by 920,000 in the 10 months to December 2014, with some areas – including Cardiff and Oxford which both have large student populations – seeing falls of more than 10%. It amounts to a 2% reduction in the voter register overall. Critics have blamed the fall on a change in the way people are allowed to register. Previously, voters were able to apply by household but, because of concerns about voter fraud, the rules were changed and everyone now has to register individually. The quality of the electoral register as it is transferred from household to individual registration is so bad that the commission may warn against completing the transition to individual voter registration for all elections. A total of 117 local authorities reported falls between 3% and 12%.

National: Around The U.S., Voting Technology Is All Over The Place | NPR Berlin

Remember all that new voting equipment purchased after the 2000 presidential election, when those discredited punch card machines were tossed out? Now, the newer machines are starting to wear out. Election officials are trying to figure out what to do before there’s another big voting disaster and vendors have lined up to help. During their annual meeting in Washington, D.C., this week, state election officials previewed the latest voting equipment from one of the industry’s big vendors, Election Systems and Software. ES&S expects a huge surge in buying very soon. It hopes its new ExpressVote machine will appeal to those who want convenient voting as well as the security of a paper ballot that’s counted separately. “We’re seeing a buying cycle that’s starting now, and will probably go for the next maybe four or five years,” said Kathy Rogers, a senior vice president at ES&S who used to run elections for the state of Georgia. Rogers says companies have to be more flexible than they were 10 or so years ago. Both the technology and how people vote is changing rapidly. “Some are moving to all vote by mail; some are increasingly becoming early vote sites,” she said. “We have some that have moved as far away from direct record electronics as they possibly can, and then we have others who love that technology.”

Editorials: Should the Victor Share the Spoils? | Noah Gordon/The Atlantic

“Left Party whip Keith Ellison spoke in Washington today in an attempt to rally centrist support for tighter financial regulation—his liberal coalition has support on the issue from Tea Party leader Steve King, but without more Democrats and Republicans the bill is doomed to fail. Leaders of the Green Party have yet to take a stance on the bill but …”

Wait, what?

This might sound absurd in the United States, but it’s not as crazy elsewhere in the world. The American system of government is stable, popular, and backed by the Constitution—and dominated by two political parties. A political system comprised of multiple, smaller parties and shifting coalitions may be unimaginable in America, but it’s the norm in most other democracies. While the United States is one of the world’s oldest democracies, and spreading democracy is a central tenet of the country’s foreign policy, our winner-take-all system itself is among our least-popular exports. In Western Europe, 21 of 28 countries use a form of proportional representation in at least one type of election. What is proportional representation, or PR? It’s a system that aims to gives parties the same percentage of seats as the percentage of votes they receive—and it might be able to end our gerrymandering wars.

Voting Blogs: Survey of the Performance of American Elections helps paint overall picture of voting as experienced by voters | Charles Stewart/electionlineWeekly

The experience of voters is one of those things that hide in plain sight. Despite the fact that more than 100 million voters take part in presidential elections, and around 80 million voters take part in midterm congressional elections, very little is actually known about the experiences voters have when they go to cast a ballot. Do their machines work? Do they wait in long lines? Are they met by competent poll workers? Voters tell each other stories about these things, and sometimes reporters write news accounts about them, but until 2008 no one had ever attempted to ask voters about their experience on Election Day in any comprehensive, systematic way. Thus was born the Survey of the Performance of American Elections (SPAE), the first (and thus far only) comprehensive national public opinion study of voting from the perspective of the voter. In 2014, with the financial assistance of the Pew Charitable Trusts (which has generously funded the SPAE since its inception), we have been able to study in detail the voting experience at midterm. This report touches on some highlights.

Nebraska: Voter ID legislation abruptly stops despite anticipation for long, heated debate | Associated Press

Efforts to require Nebraska voters to show identification at the polls came to an abrupt halt Wednesday, less than 24 hours after lawmakers began what many expected to be a long, heated debate. Lawmakers voted 25-15 to push the measure to the bottom of the 2015 agenda, meaning it has little chance of returning this year. The move came after numerous amendments were added to the bill, which has faced heavy resistance from lawmakers and civil rights activists who say it would disenfranchise poor and minority voters. Opponents also note that Nebraska has no documented cases of voter fraud. Sen. John Murante of Gretna, one of the bill’s supporters and chairman of the government committee, asked his fellow senators not to “prolong the pain” by sending it back to the committee for reconsideration. The bill’s sponsor, Sen. Tyson Larson of O’Neill, said the measure was intended to protect the state from voter fraud and included safeguards, such as offering free IDs to poor residents, to prevent disenfranchising voters. But opponents noted that ID cards were costly and didn’t fully protect against fraudulent voting.

Oregon: Automatic voter registration is cleared for House vote | Portland Tribune

The Oregon Legislature’s budget committee, on a party-line vote Friday with multiple political implications, cleared a bill providing for automatic voter registration upon obtaining or renewing a driver’s license. The bill is a top priority for Secretary of State Kate Brown, who is next in line of succession if Gov. John Kitzhaber resigns amid influence-peddling allegations against him and first lady Cylvia Hayes. A couple of hours after the committee vote, Kitzhaber announced his resignation, effective Feb. 18, when Brown will be sworn in as Oregon’s 38th governor. House Bill 2177 went to a vote of the full House with all committee Democrats for it and all Republicans against it. A similar bill failed on a tie vote in the Senate after the House passed it in 2013.

Pennsylvania: State Supreme Court rejects challenge to electronic voting systems | The Patriot-News

In a unanimous ruling, Pennsylvania’s Supreme Court has denied an appeal by a group of 24 voters who asked it to bar the use of some types of electronic voting machines. At issue was whether direct-recording electronic voting systems – DREs – which do not produce simultaneous paper records as each vote is cast, violate the state Election Code and the rights of voters. The state has approved six types of DREs for use in Pennsylvania. Most, if not all, midstate counties use electronic voting systems. Pennsylvania’s highest court backed the use of DREs in a 35-page ruling issued this week by Justice Correale F. Stevens. That decision upholds a ruling Commonwealth Court issued in October 2013.

Nigeria: Vote delay prompts suspicion of election rigging, worries of violence | The Washington Post

It had been two days since Nigeria’s presidential election was postponed at the behest of the military, and Idayat Hassan’s phone was ringing nonstop. “It’s like a coup against democracy,” said the director of the Center for Democracy and Development to the ninth or 10th reporter of the day. “It’s like blackmail,” Hassan said when her phone rang again. “I’m very worried,” she said to a colleague, and now she hung up the phone, put her head in her hands and sighed. “After 16 years of democracy — this.” This: For weeks, Africa’s most populous nation appeared to be barreling toward its most fiercely competitive election since it returned to civilian rule in 1999, a race between President Goodluck Jonathan and Muhammadu Buhari, a former military dictator. Hassan and others were training poll watchers. Ballot boxes were being distributed across the country. And Nigerians, from elite professionals to street hawkers, were beginning to sense a startling possibility: An election could actually kick the ruling party out. Except that then it all came to a grinding stop.

United Kingdom: Outsourcing voting: How private companies could profit from British elections | Politics.co.uk

Switching to electronic voting poses lucrative opportunities for private companies – and they’re now champing at the bit to get involved. It is, right now, a relatively small market. Only about 20 countries around the world look to the international marketplace to procure electronic systems which will help their elections run smoothly. Most of them have done so out of necessity. Governments facing limited public trust have proved more likely to abandon the laborious – and easily manipulated – paper-based voting methods than those in countries whose system isn’t obviously broken. Latin American states have been the most enthusiastic adopters. They’ve had some success. In Brazil, where the most recent presidential contest saw a gap of just 1.5% between the two main candidates, the results were released by the morning after polling day. And they weren’t contested. In Europe progress has been slower. An Irish attempt turned into a classic IT fiasco. A Dutch effort was quickly hacked, prompting embarrassment and a rapid retreat to paper-only systems. Europe has on the whole been a tricky market because of widespread worries about cybersecurity and privacy issues. And then, last month, a sudden enthusiasm for making the change suddenly emerged in Britain.

National: Lawmakers Push New Longshot Bid to Rewrite Voting Rights Act | Roll Call

Rep. Jim Sensenbrenner fell short in his 2014 efforts to convince GOP leadership to take up his Voting Rights Amendment Act, but the Wisconsin Republican is ready to take another stab at passing a rewrite of the historic law. But there’s little indication this year will be any different. For Sensenbrenner and his fellow co-sponsors of the legislation introduced Wednesday, many of the same obstacles remain — along with a few new ones. On the surface, it would seem the time has never been better — nor the political pressures greater — for the Republican-controlled House to take action. The VRA’s 50th anniversary this summer has the landmark civil rights legislation back in the spotlight almost two years after the Supreme Court, challenging lawmakers to update the law for the 21st century, struck down the enforcement section of the act. Sensenbrenner chose to drop his bill on the same day the House considered legislation to award Congressional Gold Medals to the “foot soldiers” of 1965’s bloody civil rights march from Selma to Montgomery, Ala.

Editorials: Open Mic Disaster: The FEC held a hearing that revealed almost everything that’s wrong with American democracy. | Alec McGillis/Slate

Woe, to be the Federal Election Commission in the age of the Koch brothers. The agency charged with safeguarding the integrity of American democracy has, in recent years, been hit again and again by other branches of the federal government further flooding the political system with money from a small coterie of ultrawealthy donors. There was the Supreme Court’s Citizens United v. Federal Election Commission ruling in 2010, which made it possible for corporations, unions, and nonprofit groups to spend directly on elections. There was the McCutcheon v. FEC ruling last year, which, while keeping in place caps on how much an individual could give directly to a candidate or political committee, eliminated the aggregate limits on how much he could give combined. And just two months ago, Congress slipped into the big must-pass spending bill a further expansion of the sums a wealthy donor could give to party committees. The FEC is about as effective as a middle-school hall monitor at a Roman bacchanal.

California: Top-two primary system hasn’t worked as proponents promised | Los Angeles Times

Reinvention is part of California’s credo, the inalienable right of every man, woman and child to make of themselves and their lives what they will — and do it over again, if they’re not happy the first time. Second chances, surgical alterations, artificial enhancement — the only limits are wealth and the imagination. That extends not just to the body beautiful but the body politic. After years of partisan squabbling, massive budget deficits and general haplessness in Sacramento, voters grew fed up and decided it was time for a government makeover. One result was Proposition 14, passed in June 2010 and intended to help bring a new breed of more accommodating, less ideological lawmaker to the state capital. (The proposition also covered congressional and U.S. Senate contests, for good measure.) It was supposed to work like this: Candidates would run in a free-for-all primary with the two top vote-getters advancing to a November runoff, regardless of party affiliation. Absent the need to appease the most puritanical elements of the major parties, the thinking went, candidates would broaden their appeal to the many voters in the middle. Voila! A more harmonious, pragmatic and productive Legislature. (Fixing Washington’s scabrous culture would, presumably, take longer.) Has it worked? In short, no, not yet.

District of Columbia: D.C., other cities debate whether legal immigrants should have voting rights | The Washington Post

David Nolan and Helen Searls are a professional couple in the District, active in their children’s school and local civic associations. As taxpayers and longtime residents, they feel they have a duty to be involved in public life. But as legal immigrants who have not become U.S. citizens, they have no right to vote — even in local elections. “It’s frustrating at election time to have no say in what’s happening,” said the British-born Searls, 54, who works at a media company. “Washington has people from all over the world. If they are engaged and participating in public issues, it benefits the city.” Searls and Nolan are among 54,000 immigrants in the District — and about 12 million nationwide — who have been granted green cards that allow them to remain in the United States permanently. Most are sponsored by relatives or employers. They pay taxes and serve in the armed forces. Yet in all but a handful of localities, they have no voting rights. Last month, for the third time in a decade, a bill was introduced in the D.C. Council to allow legal immigrants to vote locally. The measure has little chance of passage, but it is illustrative of a growing movement to expand local voting rights to noncitizens that has spawned similar proposals in several dozen communities across the country.

Kansas: Prosecutors question Kobach claims of voter fraud in Kansas | Associated Press

Kansas Secretary of State Kris Kobach, the architect behind some of the nation’s strictest voter ID requirements, is asking lawmakers to give him the power to press voter fraud charges because he says prosecutors do not pursue cases he refers. The state’s top federal prosecutor, however, says Kobach has not sent any cases his way. Some county prosecutors say cases that have been referred did not justify prosecution. The conservative Republican publicly chastised Kansas-based U.S. Attorney Barry Grissom late last year, telling Topeka television station WIBW he had referred voter fraud cases to Grissom and that Grissom didn’t “know what he’s talking about” when he said voter fraud doesn’t exist in Kansas. But in a Nov. 6 letter sent from Grissom to Kobach and obtained by The Associated Press through an open records request, the prosecutor responded that his office received no such referrals from Kobach, and chided the secretary of state for his statements. “Going forward, if your office determines there has been an act of voter fraud please forward the matter to me for investigation and prosecution,” Grissom wrote. “Until then, so we can avoid misstatements of facts for the future, for the record, we have received no voter fraud cases from your office in over four and a half years. And, I can assure you, I do know what I’m talking about.” Grissom told the AP last week that Kobach never replied to his letter.

Virginia: Is voting machine replacement funding slipping away? | Daily Press

When Gov. Terry McAuliffe announced plans to fund replacement voting machines with Rep. Scott Rigell, R- Virginia Beach, at his side, it looked like an unusual bipartisan accord on election matters. But the staff of both the House Appropriations Committee and the Senate Finance Committee recommend dropping McAuliffe’s plan — $1.7 million from the operating budget and borrowing $28 million through the sale of $28 million worth of Virginia Public Building Authority bonds.

Nigeria: An Election Postponed in Nigeria | The New Yorker

Nigeria’s electoral commission has delayed the Presidential election, which was to occur this Saturday, by six weeks in order for the military to launch an operation to secure the northeast from Boko Haram and guarantee the safety of voters in the region. President Goodluck Jonathan, whose government is undeniably corrupt and who could well lose the election to his challenger, the former military ruler Muhammadu Buhari, stands to benefit from the postponement. It’s true that people in the northeast would find it difficult to vote: more than a million and a half of them have fled their homes, while others are living under Boko Haram occupation or have been warned by the Islamist terrorists not to participate in the election. It’s also true that Boko Haram’s insurgency began almost six years ago. If the government can neutralize the group in just six weeks, what has taken so long?

United Kingdom: UK prisoner voting rights breached, European judges rule | BBC

The rights of UK prisoners were breached when they were prevented from voting in elections, European judges have again ruled. The case was brought by inmates who were in prison during various elections between 2009 and 2011. This is the fourth time the European Court of Human Rights has ruled against the UK’s blanket ban on giving convicted prisoners the vote. The court has called for a change in the law but this has not happened. Both the previous Labour government and current coalition have failed to legislate – although various proposals have been debated in an attempt to end the long-running row with the Strasbourg court. This latest case concerned 1,015 prisoners, a grouping of long-standing prisoner voting cases, and the court ruled there had been a violation of Article 3 of the European Convention on Human Rights – right to a free election.

National: How The Voting Debates Will Be Different In 2015 | NPR

State legislatures are back in session, under more Republican control now than at any other time in U.S. history. One issue they’ll be debating a lot is voting — who gets to do it and how. It’s a hot topic, but this year’s debate could be less contentious than it has been in the past. One reason is that lawmakers will be considering a lot of proposals to make voting easier and more efficient. “In many states the most divisive battles have already been fought,” says David Becker, director of election initiatives at the Pew Charitable Trusts. “That does give these states an opportunity to address more of these good governance issues. Things like, how do we make the voter registration process more effective, bring it into the 21st century? Should we adopt early voting, for instance? Should we expand the reach of mail voting?” There are many such proposals among the 1,200 voting bills already introduced in state legislatures this year. Several measures would expand online voter registration, something half the states already allow. Voters like the option and it saves money — something both parties can support. Many lawmakers also want to clean up voter registration lists, which are often filled with outdated and invalid entries.

Editorials: Can Open-Source Voting Tech Fix the U.S. Elections System? | Techonomy

American voting technology is trapped in the last millennium. This lifeline to democracy is kept secret—closed off from public inspection and controlled by large businesses. It is decades old to boot. Our voting methods ought to be at least as cutting edge as our selfie apps, but they’re not. “Our nation’s elections systems and technology are woefully antiquated. They are officially obsolete,” says Greg Miller of the TrustTheVote Project, an initiative to make our voting system accurate, verifiable, transparent, and secure. He adds: “It’s crazy that citizens are using twentieth-century technology to talk to government using twentieth-century technology to respond.” Miller and others are on a mission to change that with an entirely new voting infrastructure built on open-source technology. They say open source, a development model that’s publicly accessible and freely licensed, has the power to upend the entire elections technology market, dislodging incumbent voting machine companies and putting the electorate at the helm. With Miller’s system, we’d still go to the polls to vote and use a machine to cast our ballot. But the software on that machine would be completely open to public inspection. While coders wouldn’t be able to edit or tamper with the code, technically literate citizens would be able to, in effect, cross-examine the processes tabulating all of our votes, verifying their integrity and assuring accountability.

Arizona: U.S. Supreme Court to Rule on the Meaning of ‘Legislature’ | Governing

When is a legislature not a legislature? That odd question could have big implications for election law. The U.S. Supreme Court is about to hear arguments in a case brought by Arizona legislators challenging the authority of the state’s independent redistricting commission, which was set up by voters through a ballot initiative back in 2000. The federal Constitution states that election law shall be crafted “in each state by the legislature thereof.” The idea that this clause refers to anything other than the legislature itself is “wholly specious,” argues Arizona Senate President Andy Biggs. The commission’s lawyer, however, notes that the high court has previously held that the word “legislature” in the Constitution doesn’t necessarily mean the literal legislature, but rather the state’s lawmaking process on the whole. But the fact that the Supreme Court agreed to hear this case in the first place might mean some of the justices are ready to rethink this interpretation.

Nebraska: Blue Dot for Obama Prompts Red Nebraska to Revisit Electoral College Rules | New York Times

If this state had an official color, it would most certainly be red. Football fans here don scarlet sweatshirts each game day, red meat is a dietary staple and, for decades, Republican presidential candidates filled Nebraska’s borders on the electoral map with their party’s hue. But in 2008, a Nebraska quirk injected a drop of blue into that sea of red, in the form of a single, lonely electoral vote for the Democratic presidential candidate. Nebraska is one of just two states, along with Maine, that do not award all their electoral voters to the statewide winner. And that meant that in 2008, Barack Obama picked up an electoral vote from the congressional district around Omaha, even as Senator John McCain trounced him across the rest of the state. One electoral vote — out of five in Nebraska and 538 nationally — might seem trivial, but Republicans do not see it that way. It was the first time since Lyndon B. Johnson beat Barry Goldwater in 1964, when Mr. Obama was a toddler, that the state awarded any votes to a Democrat.