North Carolina: Voter ID law goes back to court in North Carolina | Digital Journal

The voter ID provision of North Carolina’s controversial Voter Information Verification Act (VIVA) will be the subject of a hearing in federal court next week. Lawyers for both sides will return to court on October 23 to update U.S. District Court Judge Thomas Schroeder on negotiations meant to settle legal challenges to VIVA’s voter ID provision out of court, the Winston-Salem Journal reports. The photo ID requirement is one of the most controversial provisions of VIVA, a comprehensive overhaul of North Carolina voting law signed into law by Governor Pat McCrory on August 12, 2013. In its original form, the ID provision required voters to present one of eight state-approved photo IDs before casting a ballot, starting in 2016. Critics of the law have argued the photo ID requirement unfairly burdens poor, elderly, minority and student voters who are more likely to lack one of the eight approved IDs.

Editorials: No matter its reasons, state should reverse course on voter ID moves | AL.com

A state with Alabama’s ugly racial history and vote suppression legacy should try hard to act like it’s better than that now. But our state government has made Alabama appear to the world as if we aren’t even trying. Looking at the implications of closing driver’s license offices in the Black Belt, we don’t buy the promises to mitigate the ill effects with other governmental remedy. We don’t buy the claims that race and poverty have nothing to do with this. But even if they were valid, the damage to Alabama’s image and reputation is as undeniable as it was foreseeable and avoidable. What’s right is right and what’s wrong is wrong, and this is wrong on the facts. It’s also wrong because the economic damage done to Alabama — tourists who will bypass us, investors and job creators who will go elsewhere to avoid the taint — more than offsets the claimed benefit, the dubious economic argument that lies behind these decisions.

Alabama: For Alabama’s Poor, the Budget Cuts Trickle Down, Limiting Access to Driver’s Licenses | The New York Times

It is about an hour and 10 minutes to Tuscaloosa, the nearest big city to this little knot of houses and churches in the Alabama pines. For the hundreds in this poor county who do not have a car or a friend with the spare time, someone can usually be found who is willing to give a ride. For a fee, of course. “You want to get to T-town, it’s at least $50,” said William Bankhead, 56, sitting in front of a boarded-up building that was once Panola’s general store. “We’re a long ways from a place.” As of last week, Tuscaloosa is the nearest location where a person here can get a driver’s license, after the state decided to stop providing services at 31 satellite locations around the state. The fallout from this decision has been widespread: national politicians and civil rights advocates have condemned Alabama for shuttering the locations, many of them in the state’s majority black counties, just a year after requiring that people show photo identification at the polling locations.

North Carolina: State wants federal judge to rule on Voter ID before March primaries | Winston-Salem Journal

State attorneys want a federal judge to dismiss the legal challenge to North Carolina’s voter-identification law before the March 2016 presidential primary, according to court documents filed Wednesday. And though the plaintiffs, including the North Carolina chapter of the NAACP, said they hoped to settle the matter before a trial, state attorneys said there’s no chance of that. A hearing is scheduled for Oct. 23 before U.S. District Judge Thomas Schroeder. The state NAACP, the U.S. Justice Department and others sued the state and Gov. Pat McCrory over 2013’s Voter Information Verification Act. The law’s most well-known provision is the photo ID requirement, but the law also reduced the number of early-voting days from 17 to 10, eliminated same-day voter registration and got rid of out-of-precinct provisional voting.

National: Hoyer: Alabama DMV Closures Prove That Voting Rights Act Must Be Restored | TPM

House Minority Leader Steny Hoyer (D-MD) renewed his call for the restoration of the Voting Rights Act, suggesting Monday that it would have stopped Alabama from implementing a law requiring a photo ID at the ballot box. Scrutiny of the voter ID law has increased with the announcement that Alabama will close 31 driver’s licenses offices in the state – many in rural counties with a high percentage of black residents – which voting rights advocates fear will make it harder for African-Americans to obtain the IDs required vote. “The Voting Rights Act was born from the bloody actions in Selma, Alabama, in March 1965, and since the Supreme Court struck down one of its most important protections – the federal Justice Department’s ability to prevent discriminatory rules like Alabama’s photo identification requirement – our democracy has been weakened,” Hoyer said in a statement Monday evening.

Kansas: Davis rejects GOP call to step aside from voting rights case | Lawrence Journal-World

Lawrence attorney and former Democratic Rep. Paul Davis on Tuesday dismissed suggestions by Republicans that he should recuse himself from a federal lawsuit challenging a controversial state voting law. “These guys either need a good lawyer or they’re trying to mislead you,” Davis said in response to a statement from Kansas GOP Chairman Kelly Arnold. Davis is representing two clients who are challenging a law enacted in 2011 that requires voters to show proof of U.S. citizenship to register. Since that law took effect, more than 30,000 would-be voters have had their registrations placed “in suspense” because they have not provided the required documentation. Davis is also challenging a new administrative regulation that requires county election officers to cancel those applications after 90 days. That new regulation took effect Oct. 2.

Alabama: DMV closings draw call for federal voting rights probe | MSNBC

An Alabama congresswoman has formally asked the U.S. Department of Justice to investigate the state’s shuttering of driver’s license offices in several heavily black counties, warning that the closures throw up another obstacle to voting. The call for a federal probe comes as opposition to the state’s decision, announced last Wednesday, continues to mount. “These closures will potentially disenfranchise Alabama’s poor, elderly, disabled, and black communities,” wrote Rep. Terri Sewell in a letter sent Monday to Attorney General Loretta Lynch. “To restrict the ability of any citizen to vote is an assault on the rights of all Americans to equally participate in the electoral process.” Sewell, a Democrat whose district includes Selma, the historical birthplace of the push for African-American voting rights, called for “a full and thorough investigation by DoJ.”

Alabama: Why The Alabama DMV Closures Struck Such A Nerve With Voting Rights Activists | TPM

The state of Alabama has been accused of bringing back Jim Crow for closing 31 driver’s licenses offices in the state — including all the offices in counties where African Americans make up more than 75 percent of the registered voters — which critics say will further disenfranchise minority voters in a state that requires government-issued photo IDs at the ballot box. The backlash Alabama is now facing reflects the state’s long history of blocking African Americans access to the polls, from 1965’s Selma protests that ushered in the Voting Rights Act in the first place to the 2013 Supreme Court decision in the Shelby County case that gutted a key provision of it. The latest episode involves Alabama’s widely criticized voter ID law colliding with a broke government that can’t fund basic services. State officials are now on the defensive, denying that the closures — many of them in counties in what is known as Alabama’s “Black Belt” — will make it harder for African Americans to vote.

Alabama: How Alabama will save $11 million — but undermine claims that Voter ID is race-neutral | The Washington Post

Officially, the news out of Alabama is this: Alabama’s Republican-controlled legislature and governor’s office are committed to cutting the state’s budget and the size of state government. That means the state will slice into the money available to a number of public agencies. And the Department of Public Safety, which includes the state’s offices that issue driver’s licenses, will simply have to take an $11 million hit. To make that math work, the agency will shutter driver’s license offices in the state’s most sparsely populated counties.

But the net effect is this: Every county in which black voters comprise more than 75 percent of the voter rolls and the bulk of Alabama communities that overwhelmingly voted for President Obama in 2012 will see their driver’s license offices close.

Not surprisingly, civil rights and civil liberties groups across the state and the only black member of Alabama’s congressional delegation have said plainly that the state’s seemingly race-neutral move to save money is anything but.

Wisconsin: Opponents ask court to relax Wisconsin voter ID requirements | Associated Press

Opponents of Wisconsin’s voter identification law argued in federal court Monday that the legislation is improperly restrictive and should be expanded to allow people to use more forms of ID. The case represents the latest push from the American Civil Liberties Union against a law that has been the focus of a string of legal battles since it was passed by the Republican-controlled Legislature and signed by Gov. Scott Walker four years ago. Supporters of the legislation say its requirements help guard against election fraud, but opponents say its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification. Those include a Wisconsin driver’s license or state ID card, a U.S. passport, military ID card, college IDs meeting certain requirements, naturalization certificates or IDs issued by a Wisconsin-based American Indian tribe.

Editorials: The true cost of Voter ID: Everything you need to know about the monumental cost of voter suppression | Sean McElwee/Salon

In my recent report, “Why Voting Matters,” I show the dramatic differences in opinion between voters and nonvoters, and argue that more voter turnout would lead to more progressive policies. One of the most dramatic gaps in opinion is between white voters and non-white nonvoters (shown below). As 2016 approaches, the question of how to mobilize the political power of people of color is increasingly being discussed with the rise of groups like Black Lives Matter. Though it’s clear that voter turnout will not be enough to fully realize political equality, it can have a dramatic influence on policy. In a study released last year, political scientist Jon Rogowski and Sophie Schuit of the Brennan Center for Justice find that members of Congress representing districts covered by the preclearance provision (which was struck down by the Roberts court when it gutted the Voting Rights Act) were more supportive of civil rights legislation.

Alabama: Democrats say Alabama’s closure of driver’s-license offices could make it harder for black residents to vote | The Washington Post

Hillary Rodham Clinton joined Democratic officials in Alabama in criticizing a decision by state officials to shutter 31 satellite driver’s-license offices, mostly in areas heavily populated by African Americans, a move that could make it harder for those residents to get photo IDs needed to vote. Alabama’s voter-identification law went into effect last year, requiring voters to present a government-issued photo ID at the polls. A state-issued driver’s license is the most popular form of identification, and critics say the closure of offices that issue them is yet another barrier for poor and minority voters. “It’s a blast from the Jim Crow past,” Clinton said in a statement Friday criticizing the move and calling on state officials to reverse the decision.

Kansas: Tough voter ID rules pull Kansas into multiple lawsuits | Associated Press

Secretary of State Kris Kobach’s successful push to require new Kansas voters to document their U.S. citizenship has spawned three lawsuits, including one he pursued against a federal agency in trying to enforce the policy. Kansas is one of only four states that make new voters show a birth certificate, passport or other citizenship papers. The Kansas requirement took effect in 2013, and Kobach has directed county election officials to cancel more than 31,000 incomplete registrations, most from people who’ve failed to comply with the requirement. Here is a look at the proof-of-citizenship law litigation it has prompted.

Alabama: Congressional Black Caucus Blasts State’s DMV Office Closures As Discriminatory Toward Minority Voters | International Business Times

A group of African-American lawmakers on Friday blasted a decision by Alabama officials to shutter dozens of driver’s license offices, a move that disproportionately affects government ID services in black Democratic areas of the state. Given the state’s 2011 law that requires voters to show government-issued IDs before casting election ballots, closing the offices potentially disenfranchises thousands of black and minority voters, the Congressional Black Caucus said. “Alabama’s decision to close ID offices reminds us that 50 years after the passage of the Voting Rights Act, the fight for equal access to the polls still continues today,” the caucus said in a statement released Friday. “Having a say in our country’s Democratic process still does not exist for all.” Since a 2013 decision by the U.S. Supreme Court invalidated the section of the Voting Rights Act of 1965 that required federal approval of voting law changes in states with a history of racial discrimination, members of Congress and voting rights activists have pushed for restoration of the law. They did so as some Republican-led states passed laws requiring government-issued IDs and other forms of identification at polling places.

Alabama: Birthplace of the Voting Rights Act Is Once Again Gutting Voting Rights | The Nation

It was Alabama that brought the country the Voting Rights Act (VRA) because of its brutality against black citizens in places like Selma. “The Voting Rights Act is Alabama’s gift to our country,” the civil-rights lawyer Debo Adegbile once said. And it was a county in Alabama–Shelby County–that brought the 2013 challenge that gutted the VRA. As a result of that ruling, those states with the worst histories of voting discrimination, including Alabama, no longer have to approve their voting changes with the federal government.

Alabama: Voter ID and driver’s license office closures black-out Alabama’s Black Belt | AL.com

I still remember when the lady in the uniform giving me my driver’s test asked me to do a three-point turn. Instead, I gave her a blank stare. I had no idea what a three-point turn was. It was a couple of days after my sixteenth birthday, and I knew right then that I wouldn’t be getting a license that day, but the lady was nice about it. Politely, she explained what I was supposed to do. Next we drove back to the Clarke County courthouse, and she failed me. A couple weeks later, I took the test again. That time, I passed, but my parents weren’t all that happy that we had to make a second trip. And that trip was only 10 miles, each way. When you live in a rural area, 10 miles seems a lot farther there. However, today a lot of folks will have to drive a lot farther just to be able to drive.

North Carolina: Voter ID lawsuit can proceed in state court, judge rules | News & Observer

A Wake County judge has refused a request from state lawmakers to dismiss a lawsuit challenging the Voter ID requirement. Judge Mike Morgan issued his ruling on Wednesday, almost four weeks after a hearing on the matter. Lawmakers amended the state’s Voter ID requirement this legislative session on the eve of a trial in federal court. Attorneys for state lawmakers and the governor contended at the August hearing in state court that the legislative amendment to the requirement – offering voters without an approved ID the option of using a provisional ballot – made the lawsuit moot. Attorneys for the challengers disagreed and Morgan found in their favor. In the lawsuit before Morgan, the League of Women Voters, Randolph Institute and several voters argue that lawmakers overstepped the bounds of the state constitution in 2013 when they added the ID requirement as part of an elections law overhaul.

Virginia: State pushes to dismiss voter ID suit | Daily Press

Private attorneys defending the state against a lawsuit that targets Virginia’s voter ID laws and long election-day waiting times have asked a federal judge to dismiss the case. In filings this week they argued that the plaintiffs, including the Democratic Party of Virginia, don’t have standing to file the case, and that some arguments against the state amount to “speculative hypothetical.” The suit – one of several in swing states that target voting procedures ahead of the 2016 presidential elections – describes Virginia’s 2013 photo ID law and other state regulations as race-based efforts to curtail voting. Attorneys with Perkins Coie, which has brought challenges in other states as well as two separate redistricting suits here in Virginia, filed the case in June.

National: The Policy Ramifications of Increasing Voter Turnout | The Atlantic

In 2014, just 41.9 percent of the voting-age citizen population of the United States voted. But the people who voted are not only in the minority, they form an unrepresentative minority. Millions of Americans are too young to vote. Others are disenfranchised felons, unable to vote for health reasons, missed registration deadlines, stuck at work, dissuaded by voter ID laws. In many salient ways, voters are not like nonvoters: voters are richer, whiter, and older than other Americans. And my new report, Why Voting Matters, shows how their votes produce a government that caters to their interests—and how boosting turnout would lead to a more representative democracy. Political scientists once accepted the idea that voters were a “carbon copy” of the nonvoting population. In 1999, Benjamin Highton and Raymond E. Wolfinger summarized this consensus, writing that, “simply put, voters’ preferences differ minimally from those of all citizens; outcomes would not change if everyone voted.” More recently, though, that view has come under attack. Jan Leighley and Jonathan Nagler, a pair of political scientists, argue that gaps between voters and nonvoters are real and have widened, and that the divergence in their views is particularly acute on issues related to social class and the size of government. However, measures that examine a one dimensional left-right axis obscure these divides.

Kansas: Kobach debates voter ID laws with Kansas University law professor / Lawrence Journal World

Kansas Secretary of State Kris Kobach squared off Thursday in a debate with a Kansas University law professor over the pros and cons of restrictive voter identification laws. Kobach, who was the architect of Kansas’ 2011 law requiring voters to show photo ID at the polls and to show proof of U.S. citizenship to register, argued that such laws are needed to prevent voter fraud and protect the integrity of Kansas elections. The two men debated before about 100 people, most of them law students, in a lecture auditorium at the KU School of Law in Green Hall. The debate was sponsored by the KU Federalist Society and the Hispanic-American Law Students Association. “Election fraud occurs,” Kobach said. And while the number of such cases may be tiny compared to the total number of ballots cast in any given election, he said it only takes a small number of votes to “steal” an otherwise close election. … But KU law professor Mark Johnson, who teaches courses in elections and campaign finance, argued that the small number of allegedly fraudulent votes does not justify denying other people the right to vote simply because they cannot produce a photo ID or proof of citizensh

Texas: Voter ID Battle: Texas Seeks Rehearing, DOJ Seeks Injunction | Texas Lawyer

Texas has asked the full bench of the U.S. Court of Appeals for the Fifth Circuit to rehear civil rights plaintiffs’ case against the state’s voter ID law after a three-judge panel from the same court ruled that the law discriminates. Because the state’s request for a rehearing is pending, and since Texas may also seek a hearing at the U.S. Supreme Court, the Fifth Circuit in a Sept. 2 order rejected civil rights plaintiffs’ proposals to have the litigation remanded to the trial court, where a judge could have ordered Texas to immediately start changing how it identifies voters. “We will get those decisions pretty quickly,” Rolando Rios, of San Antonio’s Law Office of Rolando L. Rios, said about the rulings on the en banc Fifth Circuit and Supreme Court hearings. Rios represents the Texas Association of Hispanic County Judges and County Commissioners, which is an intervening plaintiff in the litigation.

Editorials: Texas Two-Steps All Over Voting Rights | Richard Hasen/Slate

In 1965, Congress passed the Voting Rights Act, one of the most important pieces of legislation in U.S. history. It contained key protections for minority voters, especially blacks, who had been effectively disenfranchised in the South. The act was a remarkable success, increasing minority voter registration and turnout rates within a few years. In 1982, an important amendment made it much easier for minority voters to elect candidates of their choice. Then, following the contested 2000 elections, states started passing new voting rules along partisan lines. As part of these voting wars, conservative states began passing laws making it harder to register and vote, restrictions that seemed to fall most on poor and minority voters. In the midst of all of this, the Supreme Court in 2013 struck down a key component of the Voting Rights Act. It had required states and jurisdictions with a history of racial discrimination in voting to get permission from the federal government before making a voting change by proving that the proposed change would not make it harder for minority voters to vote and to elect their preferred candidates. Don’t worry, Chief Justice John Roberts assured the American public in that 2013 case, Shelby County v. Holder. Although states with a history of racial discrimination would no longer be subject to federal “preclearance” of voting changes because preclearance offends the “equal sovereignty” of states such as Texas, there’s always Section 2 of the Voting Rights Act. That provision, Roberts explained, is available “in appropriate cases to block voting laws from going into effect. … Section 2 is permanent, applies nationwide, and is not at issue in this case.”

North Carolina: Senate minority leader raises questions about primary plan | The Charlotte Observer

Lawmakers in the state Senate were surprised when the House voted Wednesday to hold off on agreement with a much-discussed plan to create two primary elections – the presidential primary in March and the statewide races in May. House Republicans who are in the majority are discussing combining all the primary elections into the earlier March 15 date, saying it would save an estimated $4 million to $6 million by not holding a second primary. Senate Minority Leader Dan Blue, a Raleigh Democrat, said the concern about the extra cost had already been discussed. He speculates that House Republicans have another agenda.

Kansas: Kris Kobach says voter registrations without ‘proof of citizenship’ need to go | The Kansas City Star

More than 30,000 incomplete voter registrations have piled up in Kansas — most waiting for applicants to submit the now-required “proof of citizenship” documents. Secretary of State Kris Kobach says he knows how to fix the problem. He wants a new rule that allows election officials to toss out uncompleted applications after 90 days. The proposal will be the topic of a hearing this week. Simple housekeeping, he says. The wholesale dumping of potential voters, critics say, and for no good reason. Even Hillary Clinton weighed in last week. A tweet from her presidential campaign account called Kobach’s proposal a “purging” and a “targeted attack on voting rights.” Kansas’ rules on voter ID and proof of citizenship championed by the Republican secretary of state have stirred up controversy nationally and close to home. Voting rights groups say the regulations muck up a system that wasn’t broken and, in the process, reduce voter participation.

Texas: Attorney General asks full appeals court to reconsider voter ID ruling | Houston Chronicle

Texas Attorney General Ken Paxton is asking the full bench of a federal appeals court to reconsider a ruling that found the state’s strict voter ID law illegally hindered minorities from casting ballots. The state launched its legal salvo in the voter ID court fight with multiple filings late Friday, including a clear signal from Paxton’s office that it will take the case to the U.S. Supreme Court if necessary. Earlier this month, a three-judge panel at the 5th U.S. Circuit Court of Appeals issued a complex ruling that was largely interpreted as a narrow win for civil rights groups suing the state. The panel upheld one portion of a decision from U.S. District Court Judge Nelva Gonzales Ramos of Corpus Christi that found the law obstructed black and Hispanic voters and instructed the lower court to fix what amounted to a violation of the Voting Rights Act. It tossed one ruling that deemed the voter ID law equivalent to a poll tax and rejected another judgment from the lower court that found the law was motivated by racial bias, though the panel ordered the lower court to reconsider that portion of the case.

California: Secretary of state tries to stimulate turnout | San Francisco Chronicle

There is an intense tug-of-war in this nation between those who want to make it easier and those who want to make it more difficult to vote. The simplistic, and largely accurate, narrative is that Democrats want more people to vote and Republicans want fewer. Each side has a high-minded argument: Democrats want to encourage citizen participation in the process; Republicans want to discourage fraud. But let there be no mistake: In each case, principle dovetails neatly with party interest. Democrats tend to gain from higher turnout; Republican voters are likely to be overrepresented when turnout is lower. In many corners of the nation, the trend is clearly favoring voter suppression, especially after a 2013 U.S. Supreme Court ruling eliminated the nearly half-century-old requirement that areas with a history of discriminatory voting practices — concentrated in the South — would be required to gain federal or court permission before making any changes in their voting procedures.

Alabama: Budget Cuts Risk Making It Much Harder To Get Required Voter ID | Huffington Post

The Alabama Law Enforcement Agency said Monday that proposed budget cuts would force it to close all but four driver’s license offices, even though the state requires government-issued photo identification, like a driver’s license, to vote in elections. The 45 other locations would be closed in phases, the agency said, if the Republican-controlled state legislature were to pass the kind of “drastic” budget cuts it’s now considering. Lawmakers have proposed $40 million for the agency next year, which would be a $15 million cut from what it received in state funding this year. “We want citizens to know that their state law enforcement services are facing severe cuts which will result in a drastic reduction of public safety in Alabama,” a public information officer for the agency said in a statement emailed to The Huffington Post. “We encourage them to contact their state representatives and voice their concerns.”