Editorials: Why the North Carolina voter ID case matters | J. Christian Adams/Washington Times

They may never admit it, but the civil rights industry is tired of spending millions of dollars only to lose most voter ID fights in court. Instead of declaring defeat, the strategy has shifted to changing the rules of engagement, and trying to transform the Voting Rights Act into something it isn’t. The Supreme Court can now stop this transformation of the Voting Rights Act into a partisan political weapon, if it accepts an appeal from North Carolina. The civil rights industry, which includes swarms of career employees in the Justice Department, has been losing voter ID fights for the better part of a decade. They have been foiled by laws which take into account that some voters may not be ID-ready, but provisions are made to service them, like in South Carolina. Judges have also noted where states extended timelines for enforcement so citizens can prepare for the change. Most important, courts have acknowledged that such laws do not target minorities and are equally applied to all. It certainly does not hurt that federal judges are aware that polling shows how voter ID is more popular among poorer minorities than wealthy liberal whites.

Missouri: Republicans vow to fund photo ID implementation in tough budget year | St. Louis Post-Dispatch

Missouri Republicans are committed to funding the rollout of a voter-approved photo ID law taking effect this year, even as declining tax revenue and growing Medicaid costs have led to a budget shortfall of nearly $500 million. The law requires Missourians to show photo identification before voting, or sign a binding legal document that says they are who they say they are. But it also requires the state to foot the bill to provide photo identification to anyone who doesn’t have one and wants one, absorbing the costs of any documents needed along the way, including birth certificates, divorce decrees, marriage licenses, social security cards or naturalization papers to prove citizenship. Without sufficient funding for those costs, the personal identification requirements “shall not be enforced,” the law says.

Editorials: There’s a Simple Step North Carolina’s New Governor Could Take to Strengthen Voting Rights | Richard Hasen/Slate

he future of voting rights in the medium to long term is not rosy. President Donald Trump is making false claims that millions of voters fraudulently cast ballots in the 2016 election, perhaps as a predicate to a round of federal laws making it harder to register and vote. His administration seems poised to do a 180 in a case challenging Texas’ strict voter identification law, abandoning the Obama administration’s position that the law was discriminatory. Judge Neil Gorsuch, if confirmed, is likely to restore the Supreme Court to a Scalia-era status quo, a 5–4 court skeptical of broad protection for voting rights. But in the short term, there’s one simple action that could make voting rights a bit more secure: Roy Cooper, the new Democratic governor of North Carolina, and the state’s new Attorney General Josh Stein should withdraw a petition for writ of certiorari pending at the Supreme Court to review the 4th Circuit’s decision striking down North Carolina’s strict voting law.

North Dakota: Voter ID bill easily passes North Dakota House | Bismarck Tribune

New voter identification requirements passed the North Dakota House Thursday. For voters who don’t have a proper ID, the bill does away with the affidavit option that was available during November’s election in favor of a ballot that is set aside and excluded from the count until the voter’s eligibility is confirmed, said Rep. Scott Louser, R-Minot. He called it a “voter integrity bill.” House Bill 1369, introduced by House Majority Leader Al Carlson and other Republican lawmakers, passed on a 74-16 vote Thursday. “Everyone eligible to vote in North Dakota elections shall be able to vote one time, and everyone not eligible to vote in North Dakota elections shall not be able to vote,” Louser said.

Arkansas: Filing would put voter-ID amendment before public | Arkansas Online

Republicans, concerned that enacting a law will not be enough to require voters to provide photo identifications before casting ballots, are working to refer a constitutional amendment to the voters that would impose the requirements. Sen. Bryan King, R-Green Forest, filed Senate Joint Resolution 6 late Wednesday. It followed the House passage Tuesday of a voter-identification bill sponsored by Rep. Mark Lowery, R-Maumelle. “I don’t think there’s any question that voter fraud’s been going on — despite what the Democrats have denied,” King said. “They’ve stopped, actually, investigations into voter fraud. The system that the Democrats set up in Arkansas was for years, was a rigged system.” H.L. Moody, a spokesman for the Democratic Party of Arkansas, said election commissions are now generally controlled by Republicans.

North Carolina: Cooper not tipping hand on whether he’ll withdraw voter ID appeal | WRAL

In a blog post and a Slate Magazine column Thursday, election law expert Richard Hasen suggests Gov. Roy Cooper could score a victory for opponents of North Carolina’s voter ID law by scuttling the state’s appeal of a 4th U.S. Circuit Court of Appeals ruling striking down the law. That 4th Circuit ruling did away with voter ID rules that were in place for last year’s primary during the November election and forced elections officials to expand early voting times across the state. Former Republican Gov. Pat McCrory appealed the 4th Circuit decision, which struck down much of the 2013 law, including a provision that eliminated same-day registration. Cooper, a Democrat, refused to make the appeal himself when serving as attorney general and took over as governor on Jan. 1. Josh Stein, a Democrat and former state senator, took over as attorney general the same day.

Texas: Trump could change Texas voter-ID law by reshaping 5th U.S. Circuit Court of Appeals | McClatchy

During Barack Obama’s second term as president, Texas Sens. Ted Cruz and John Cornyn allowed vacancies on Texas’ federal appeals court to fester, but now that President Donald Trump is in charge they might move quickly to morph the 5th U.S. Circuit Court of Appeals into a breeding ground for conservative-leaning decisions. “The one thing Trump said he wanted Ted Cruz’s advice on was judges,” said Kelly Shackleford of the First Liberty Institute, a conservative legal defense organization that talked with Trump about judicial appointments. “You’ve got Cornyn, who was a (Texas state) Supreme Court justice, so you’ve got people who are really known for their expertise.” The 5th U.S. Circuit Court of Appeals, which comprises all of Texas, Louisiana and Mississippi, is generally considered one of the more conservative federal courts in the country, but it struck down Texas’ controversial voter-ID law last July. That might soon change with Trump in office.

Iowa: Secretary of State: No extra money for voter ID outreach | Associated Press

Iowa’s top election official doesn’t plan to ask the Legislature for extra money to educate the public about a voter identification requirement that could soon become law, a move that advocacy groups say could impact how many people find out about the change. Iowa Secretary of State Paul Pate intends to use existing office funds to pay for voter education and outreach in connection to his proposal to require ID at voting polls. His office provided the details in response to a public records request by The Associated Press. “We are not asking for any additional funding for this, because educating and encouraging people to vote is part of the duties this office already conducts,” said Kevin Hall, a spokesman for Pate, in an email Wednesday.

Arkansas: House OKs Bid to Revive State’s Voter ID Law | Associated Press

The Arkansas House approved a plan Tuesday to reinstate a voter ID law that was struck down more than two years ago, with Republicans counting on a new state Supreme Court makeup to uphold the measure this time. The proposal approved by a 74-21 vote is nearly identical to a law the Republican Legislature enacted in 2013 requiring voters to show photo identification before casting a ballot. The state Supreme Court unanimously struck down the measure in 2014, with the majority of the court ruling it unconstitutionally added a new qualification for voting. The latest proposal is aimed at addressing a concern three of the court’s seven justices raised that the prohibition didn’t pass with enough votes in the Legislature when it was enacted in 2013. The proposal will need two-thirds support in both chambers, a threshold it easily cleared in the House. It now heads to the state Senate.

North Dakota: Voter ID again comes before North Dakota Legislature | INFORUM

North Dakota lawmakers are again considering changes to the state’s voter identification requirements, an issue that has landed the state in federal court over previous laws passed by the Legislature. House Bill 1369 would help preserve the integrity of the state’s elections, House Majority Leader Al Carlson, R-Fargo, said in testimony to the House Government and Veterans Affairs Committee Friday, Jan. 27. “By no means does this bill attempt to disenfranchise voters,” he said. “This bill only attempts to verify and make that those voters are, in fact, true North Dakota residents and are allowed to vote.” The bill would require qualified electors to provide a driver’s license, non-driver’s identification card or tribal ID. If the ID doesn’t include the required information or is out of date, the voter could present supplemental documents such as a current utility bill, bank statement or a government-issued check.

Wyoming: House committee rejects voter ID bill | Casper Star Tribune

The House Corporations, Elections and Political Subdivisions Committee on Thursday voted down a bill to require voters to show photo identification at the polls. But it advanced bills concerning a system for permanent absentee ballots, election recounts and the date at which an absentee ballot must be accepted. Committee members voted down a voter ID bill that was brought by committee member Rep. Lars Lone, R-Cheyenne. Lone said he was given a ballot for an incorrect precinct when he went to vote and said if he had been required to show identification, that situation could have been avoided. Lone said he was not bringing the bill because of voter fraud concerns.

Arkansas: House panel advances plan to reinstate Arkansas voter ID law | Arkansas Online

An Arkansas House panel has backed a proposal to reinstate the state’s voter ID law that was struck down more than two years ago, moving forward with the restriction months after Republicans expanded their majorities in the Legislature. The House State Agencies and Governmental Affairs Committee, after hearing public comment from Arkansans, endorsed the proposal Wednesday requiring most voters to show photo identification before casting a ballot. The measure now heads to the House. State Rep. Mark Lowery, R-Maumelle, told the panel Wednesday that the measure, House Bill 1047, is not focused on specific instances of voting fraud.

Texas: U.S. Supreme Court rejects Texas appeal over voter ID law | Reuters

The U.S. Supreme Court on Monday declined to hear an appeal by Texas seeking to revive the state’s strict Republican-backed voter-identification requirements that a lower court found had a discriminatory effect on black and Hispanic people. The justices let stand a July 2016 decision by the 5th U.S. Circuit Court of Appeals that found that the 2011 Texas statute ran afoul of a federal law that bars racial discrimination in elections and directed a lower court to find a way to fix the law’s discriminatory effects against minorities. There were no noted dissents from the high court’s decision not to hear the case from any of the eight justices, but Chief Justice John Roberts took the unusual step of issuing a statement explaining why the case was not taken up, noting that litigation on the matter is continuing in lower courts. Roberts said that although there was “no barrier to our review,” all the legal issues can be raised on appeal at a later time.

Wyoming: Voters would be required to show ID under proposed bill | Casper Star Tribune

As Republican legislatures across the country pass various restrictions on voting, Wyoming remains one of the easiest states in which to cast a ballot. Residents do not need to provide identification when they go to the polls, and they can even register to vote on the day of the election. But House Bill 167, filed at the Wyoming Legislature last week, would change that by requiring people to show photo identification when they go to vote. The measure is sponsored by Rep. Lars Lone, R-Cheyenne, who said that during the general election in November he was not asked for photo identification. “I was given a ballot for (House) District 44, and I’m in 12,” he said.

Texas: Did Texas Lawmakers Deliberately Pass a Racist Voter ID Law? | San Antonio Current

This week the U.S. Supreme Court refused to hear Texas’ appeal to save its embattled voter ID law, which lower courts have said carries an “impermissible discriminatory effect against Hispanics and African Americans” and blocked from going into effect last year. That means the battle over voter ID in Texas now heads back to a federal court in Corpus Christi, where lawyers for the state, civil rights groups, and the U.S. Department of Justice will argue whether or not Texas lawmakers knew they were passing a racist law. On that point (lawmakers’ so-called “legislative intent”), U.S. District Judge Nelva Ramos was surprisingly blunt in her October 2014 ruling following a trial over the law, known as SB 14. The bill, which established strict requirements for what ID you must have to vote in Texas, included things like a driver’s license or a passport or a concealed handgun license but it left out things like student IDs.

Voting Blogs: Kansas 0-3 in Voter ID Lawsuits | State of Elections

Kansas Secretary of State, Kris Kobach, narrowly avoided contempt charges in September 2016 which would have been the cherry on top for those in opposition to Kansas’s proof-of-citizenship requirement. The requirement, which requires anyone registering to vote in Kansas provide proof of citizenship via one of thirteen documents, was enacted under the Secure and Fair Elections Act of 2011, and was enforced beginning in 2013. The law became the center of a national controversy in January 2016, when Brian Newby, executive director of the U.S. Election Assistance Commission, granted Kansas, Georgia, and Alabama the ability to alter the federal registration form to satisfy the state identification requirements (Georgia and Alabama have passed similar proof-of-citizenship requirements but have not yet enforced them).

Texas: Supreme Court Won’t Hear Appeal From Texas on Voter ID Case | The New York Times

The Supreme Court rejected on Monday an appeal from Texas officials seeking to restore the state’s strict voter ID law. As is the court’s custom, its brief order in the case, Abbott v. Veasey, No. 16-393, gave no reasons for turning down the appeal. But Chief Justice John G. Roberts Jr. issued an unusual statement explaining that the Supreme Court remains free to consider the case after further proceedings in the lower courts. The Texas law, enacted in 2011, requires voters seeking to cast their ballots at the polls to present photo identification, like a Texas driver’s or gun license, a military ID or a passport. Federal courts have repeatedly ruled that the law is racially discriminatory. The Texas law was at first blocked under Section 5 of the federal Voting Rights Act, which required some states and localities with a history of discrimination to obtain federal permission before changing voting procedures. After the Supreme Court effectively struck down Section 5 in 2013 in Shelby County v. Holder, an Alabama case, Texas officials announced that they would start enforcing the ID law.

Iowa: Pate focuses on tech upgrades in voter integrity bill | The Courier

Iowa Secretary of State Paul Pate stepped right into the middle of a heated debate over voting rights at a time when it is burning brightest. Former President Barack Obama called voter fraud a “fake news” story in his final press conference, while the term “hacking” gets thrown around with abandon after the 2016 election. The debate is happening as some states have ramped up efforts to limit the franchise after parts of the Voting Rights Act were struck down in 2013, and yet others have worked to expand participation. But Pate, a Republican, is hoping — probably in vain, if the early indications are correct — some of the “political nonsense” will die down once people get a good look at his Voter Integrity Act proposal.

Texas: SB 14 gets second chance: With Trump in office, feds may alter course in Texas Voter ID case | Salon

Hours after President Donald Trump was inaugurated, the Department of Justice filed to postpone a hearing on the Texas Voter ID law. The request was granted. The DOJ had previously argued that the law intentionally discriminated against minority voters, but told the court it needed additional time for the new administration to “brief the new leadership of the Department on this case and the issues to be addressed at that hearing before making any representations to the Court.” Chad Dunn, attorney for the plaintiffs in the case, expects Trump’s Department of Justice to reverse course. “I figure the government will spend the next 30 days figuring out how to change its mind,” he said, adding that now he expects the DOJ to argue on behalf of the state of Texas, which has held that there was no intent to discriminate against minorities. “The facts did not change — just the personnel.” The new hearing date has been set for Feb. 28.

Texas: Court grants request to delay Texas voter ID hearing | San Antonio Express-News

Within hours of Donald Trump being sworn in as president Friday, a federal court in Corpus Christi postponed a scheduled hearing in the Texas voter ID case until next month at the request of the Justice Department. Lawyers for the department asked for a delay in the hearing scheduled for Tuesday, citing the change in presidential administrations.“Because of the change in administration, the Department of Justice also experienced a transition in leadership,” the department’s petition states. “The United States requires additional time to brief the new leadership of the department on this case and the issues to be addressed at that hearing before making any representations to the court.”In the past, the agency has asked that hearings in the case be expedited because of the issues involved.

Iowa: Democrats irked by Pate presentation without details of voter ID bill | The Gazette

With Secretary of State Paul Pate’s Election Integrity Act still in draft stage, Democrats on the House State Government Committee on Thursday complained it was hard to ask questions about his proposal to require all voters to present ID cards before casting their ballots. “We were hoping today to have the bill before us … so we could ask about what it does and about problems and pitfalls,” Rep. Mary Mascher, D-Iowa City, said about the bill still being drafted by the Legislative Services Agency. “Part of the concern and angst we have about opening this up today is there are so many questions we have.”

India: 20 days shy of elections, voter ID cards still a dream for residents | Times of India

With just about 20 days left for assembly elections in UP state, Indirapuram residents are yet to receive their voter ID cards. Many residents, who have been submitting applications repeatedly for as long as eight years, complain of not receiving any satisfactory response from Block Level Officers (BLO) and are still waiting for their voter id cards. Speaking to Times of India, residents of Indirapuram said that many of them are recent settlers in the NCR region from Delhi and are facing unique problems. “I used to live in Chandni Chowk in Delhi till 2007, and moved to Indirapuram, Ghaziabad soon after that. Because I was not relevant as a voter in Delhi anymore due to the change in my permanent address, I had gotten my previous voter identification cancelled and in the last 10-12 years, have submitted four applications for getting my new NCR voter ID card made, but nothing has happened so far. I am still waiting and basically do not belong anywhere now,” said Girish Mehra, resident of Charms Solitaire, a residential society in Ahinsa Khand 2, Indirapuram.

Virginia: Legislative panel keeps photo ID requirement | The Virginian-Pilot

A legislative subcommittee killed an attempt Tuesday to repeal Virginia’s requirement that voters show a photo ID at the polls. A subcommittee of the House Privileges and Elections Committee voted to shelve HB 1904, which would have eliminated the mandate that registered Virginia voters present a driver’s license, passport or other government-issued photo ID in order to vote. Republicans say the photo ID requirement prevents voter fraud. But the bill’s sponsor, Democratic Del. Steve Heretick of Portsmouth, said it prevents people from voting. “We can’t point to any incidence of voter fraud that any registrar, that anyone on the Board of Elections, that anyone can point to,” Heretick said.

Iowa: Voter ID plan isn’t aimed at election fraud, Pate says | Des Moines Register

Iowa Secretary of State Paul Pate on Thursday defended his new voter identification proposal as an effort to improve administrative efficiency — not to prevent fraud or disqualify voters. And he said he’d oppose any efforts by state lawmakers to expand the plan to include a more controversial photo-ID requirement for voters. “There are many legislators and they have different perspectives, but I’ve tried to encourage them to leave this bill alone, to treat it as what we’ve presented it as and try to keep it as clean as possible,” he said. Pate, a Republican, described his soon-to-be-introduced “Election Integrity Act” in a meeting Thursday with the Des Moines Register’s editorial board. The overall effort, he said, is to streamline election administration across the state by bringing electronic voter databases to every precinct in every county of the state.

Voting Blogs: Why Was South Carolina’s Voter ID Law Approved in 2012? Will It Remain? | State of Elections

Prior to Shelby County v. Holder in 2013, South Carolina was a covered jurisdiction under Section Five of the Voting Rights Act. In 2011, during Legislative Session 119, the South Carolina legislature passed, and the Governor signed, an act that made voting-related changes. Section Five of Act R54 (A27 H3003) (2011) dealt with voter identification. Because this happened prior to Shelby County v. Holder, pre-clearance was required. The State asked for pre-clearance from the Attorney General of the United States, but it was denied. South Carolina then sought a declaratory judgment in the D.C. District Court. Act R54 was pre-cleared by the court, in an opinion filed on October 10, 2012. However, due to concerns about the ability of South Carolina to effectively implement the law before the elections of November 2012, the court delayed the law’s effect until any elections in 2013.

Virginia: Governor promises to “lean in” on ethics, voting legislation | Associated Press

Democratic Gov. Terry McAuliffe says he’ll be actively promoting measures in this year’s legislative session aimed at strengthening the state’s ethics rules and making it easier to vote, priorities that will likely face a difficult path forward in the GOP-controlled General Assembly. McAuliffe said Tuesday he also supports legislation to ban lawmakers from using their campaign accounts for personal use, calling the move a necessary complement to a $100 gift cap that lawmakers approved earlier in his term. “There has been a gigantic, gaping hole in our ethics reform here in the commonwealth of Virginia,” McAuliffe said, promising to “lean in” on the issue even though it faces dim prospects.

Iowa: UI, ISU, UNI student leaders challenge Voter ID proposal | Iowa City Press Citizen

The student government presidents at Iowa’s three public universities are speaking out against a new proposal to require Iowa voters to show their IDs at the polls. “We know firsthand how difficult it is to get students registered to vote already — with frequent address changes and being introduced to the electoral process for the first time — the last thing students need is another barrier to their participation,” student government leaders at the University of Iowa, Iowa State University and the University of Northern Iowa said in a statement released Sunday. The joint statement came in response to a plan released last week by Iowa Secretary of State Paul Pate, which calls for requiring voters to present an ID, which could include an Iowa driver’s license, passport or military ID card. College IDs would not be accepted, but Pate’s plan calls for issuing a new free ID to all existing active voters. Signatures would be verified at polling sites.

Iowa: Proposal would require ID for Iowa voters | Des Moines Register

Iowa voters would be required to present identification at the voting booth under a plan unveiled Thursday by Secretary of State Paul Pate. The proposal by the state’s chief election official, which will be considered in the 2017 Iowa Legislature’s session, is aimed at ensuring the integrity of Iowa’s elections, Pate said. However, Democratic legislators and civil libertarians promised a fight over the issue, raising concerns that new rules could suppress voter turnout. Pate’s plan would require all voters to present an ID, which could include an Iowa driver’s license, passport, or military ID card for all who have them, and issuing a new free ID to all existing active voters. College IDs would not be accepted. Signatures would be verified at polling sites. … State Sen. Jeff Danielson, D-Cedar Falls, who chaired the Senate State Government Committee last session, issued a statement contending Pate’s plan will disenfranchise older Iowans, younger Iowans and people of color.

Texas: Attorney General: Voter ID education documents can be withheld from public | San Antonio Express-News

Details of how Texas spent a big chunk of $2.5 million of taxpayer money for a voter ID education campaign during last November’s election will remain secret. Attorney General Ken Paxton’s Office has ruled that the Texas secretary of state’s office can withhold records from the public showing where the state bought television and radio ads to promote court-ordered changes to a controversial voter ID law. The ruling also allows for the names of an estimated 1,800 community groups that partnered with the state on the education campaign to remain hidden from public view. A voter ID lawsuit has been winding through the courts since 2013, and the U.S. Supreme Court could decide as soon as this week whether it will hear an appeal from Texas. The law was weakened for the November election by a federal judge, who also ordered the state to conduct a robust education effort, after it was found to discriminate against minorities.

Iowa: State’s top election official announces voter ID bill | Associated Press

Iowa will require voters to show identification at the polls under a bill announced Thursday by the state’s top election official, and Republicans in the new GOP-controlled Legislature have indicated a willingness to pass it. The legislation mirrors voter ID bills introduced in Republican-controlled statehouses around the United States in recent years and comes just weeks after President-elect Donald Trump questioned — with no evidence — the integrity of voting in the presidential election. “We just want to ensure that voters are who they say they are,” Iowa Secretary of State Paul Pate said in releasing details. Pate’s office said a draft of the bill was not available yet, but included a plan to require Iowa residents to show an Iowa driver’s license, passport or other approved form of ID to vote. The office would distribute free state-issued IDs to existing registered voters, according to Pate, though his office is seeking $1 million to help make that happen.