Utah: Navajos sue San Juan County over voter rights | The Salt Lake Tribune

The Navajo Nation has filed suit in U.S. District Court for Utah, alleging that San Juan County is attempting to keep Navajos from capturing a second seat on the county’s three-member commission by failing to redraw voting districts to reflect the 2010 U.S. Census. The suit, filed Thursday in Salt Lake City, alleges that San Juan County is in violation of the Equal Protection Clause of the 14th Amendment and in violation of the 1973 Voting Rights Act by ensuring that non-Indian voters hold majorities in two of the county’s three voting districts.

Editorials: Voter ID cases could test Voting Rights Act | Facing South

Since 1965, Section 5 of the Voting Rights Acthas been a key tool used by civil rights and election reform advocates to protect the franchise in the South. By requiring states and counties to “pre-clear” major election changes with the Department of Justice, the measure has allowed groups to challenge a variety of state laws that threatened to disproportionately hurt African-American and other historically disadvantaged voters. But Section 5 has come under increasing scrutiny from conservative lawmakers and the Supreme Court itself. Three years ago, in alawsuit brought by a Texas sewer district, the court came close to striking down Section 5 on the grounds that it represented an unconstitutional over-reach by Congress over states’ rights.

Tennessee: Redistricting May Run Afoul of the Voting Rights Act | Metro Pulse

In 1994 the Tennessee Republican Party won a big victory. The Republicans elected a governor, Don Sundquist, two senators, Fred Thompson and Bill Frist, and took a 5-4 majority in the House delegation. But amidst all these victories the Democrats retained control of the state House of Representatives and would continue that control until 2008. They were able to do that because in 1992 they redrew House districts and put 12 Republican House members in six districts, thus automatically removing six incumbent Republicans in the House. Had those six incumbents still been in office in 1994 the Republicans would have won control.

Texas: Is Voting Rights Act target of redistricting case? | San Antonio Express-News

The Supreme Court began hearing arguments Monday in the Texas redistricting case that could reach far beyond the districts in dispute. What began as a partisan spat could end up as a challenge to the Voting Rights Act and the power of Congress. Every 10 years when the census count is in, the states redraw the boundaries of their state and federal election districts to reflect changes in the population over the past decade. In Texas, as in most states, that is the job of the majority party of the legislature. After Republicans became a majority of the Legislature in 2002, they took control of the redistricting process. They drew plans designed to keep and increase their legislative and congressional majorities in 2012 at the expense of the will of minority voters.

Texas: Supreme Court Argument in Texas Redistricting Cases Highlights Importance of Shelby County Voting Rights Act Case | Text & History

Yesterday, in an unusual afternoon session, the Justices of the Supreme Court jumped right into the political thicket, debating the authority of a federal court in Texas to draw election districts for the state’s  upcoming primaries.  Texas currently has no legally enforceable district lines.  Its current districts are now badly out of step with the constitutional requirements of one person, one vote, and its new district lines have yet to be precleared, as required by Section 5 of the Voting Rights Act, one of our Nation’s most iconic and important federal civil rights statutes.  During yesterday’s 70-minute argument in Perry v. Perez, the Justices sought to figure out a solution that would permit the upcoming primary elections to go forward, consistent with the requirement of the Constitution and the Voting Rights Act.  Hovering over oral argument in Perry v. Perez was the question of the constitutionality of the Act’s preclearance requirement.  In 2009, in NAMUDNO v. Holder, the Roberts Court came dangerously close to striking down this bedrock provision of the Voting Rights Act, but yesterday, at least, the Justices showed little interest in debating the Act’s constitutionality. As Chief Justice Roberts specifically observed, “the constitutionality of the Voting Rights Act is not at issue here.”

Florida: Court to tackle redistricting suit | Thomson Reuters

A day after the Supreme Court heard arguments in a Texas redistricting battle, another redistricting case with potential national implications takes center stage, this time in Florida. On Tuesday, the U.S. Court of Appeals for the 11th Circuit will hear a challenge in a racially-charged lawsuit over an amendment to Florida’s constitution. Lawmakers have sued to try to block the amendment — passed by voter ballot in 2010 — which they say violates the U.S. Constitution because it strips the legislature of its right to regulate elections.

South Carolina: Leaders say they’ll fight for new voter ID law | Aiken Standard

South Carolina Gov. Nikki Haley said Tuesday that federal officials are waging war with South Carolina over laws the people want, like new voter ID requirements that she and other leaders pledged to defend from challenges by the U.S. Justice Department. … The bill passed last year with broad support from Republicans, who said it would be a check on voting fraud. But Democrats said it would suppress voter turnout by making it tougher on people who lacked identification, including the poor, elderly and blacks.

Texas: Court pressed for time in redistricting case | USAToday.com

In a closely watched fight over Texas voting districts and the rights of Latinos, Chief Justice John Roberts aptly observed, “We are all under the gun of very strict time limitations.” Monday’s Supreme Court arguments in a case that could affect voting rights nationwide were marked by frustration among the justices. On one side is a looming Texas primary schedule. On the other, separate proceedings in a lower court in Washington could eclipse any action the justices take.

Texas: Supreme Court weighs Texas redistricting case | latimes.com

The Supreme Court justices waded into an election-year political dispute from Texas, signaling they favor drawing the state’s 36 congressional districts based largely on the plan adopted by its Republican-controlled Legislature. The court’s leading conservatives said they were skeptical of allowing judges in San Antonio to put into effect their own statewide map that creates districts geared to electing Latinos.

National: Justices Wrestle With Texas Voting Rights Case | NYTimes.com

Several members of the Supreme Court appeared frustrated on Monday as they surveyed the available options and looming deadlines in a major voting rights case from Texas that could help decide control of the House. The case is a result of a population boom in Texas, which gained more than four million people in the last decade, about 65 percent of them Hispanic. The growth entitles the state to four additional Congressional seats.

The Texas Legislature, controlled by Republicans, enacted new electoral maps for both state houses the federal House of Representatives in May and June to take account of the growth in population, and Gov. Rick Perry signed them into law in July. Under Section 5 of the Voting Rights Act of 1965, though, the maps may not be used until they are approved, or “precleared,” by either the Justice Department or a special three-judge court in Washington. Texas officials chose to go to court, and they have so far not received clearance.

In the meantime, a second special three-judge federal court, this one in San Antonio, Tex., drew a competing set of electoral maps when Texas failed to obtain prompt federal clearance. The question for the Supreme Court justices is whether the court-drawn maps give enough deference to the Legislature’s choices. The answer may help determine whether the new districts elect Democrats or Republicans.

Editorials: Supreme Court Messes With Texas, Voting Rights | Justin Levitt/Miller-McCune

There is a way the U.S. Supreme Court can extract some sense out of a wildly politicized Voting Rights Act it heard Monday, argues a prominent redistricting specialist. “Don’t mess with Texas” — this time, the U.S. Supreme Court should have listened. The court has injected itself into a 10-gallon disaster that grows messier with every passing day. Today, the court hears arguments. If only it could slowly back out of the room.

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

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

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

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

Texas: Redistricting Case Risks Political Firestorm; Slowly Supreme Court Backs Away | Huffington Post

Time and timing was of the essence Monday afternoon during Supreme Court oral argument over which legislative maps Texas may use in its fast-approaching state and federal primary elections, now slated for April. The justices appeared to recognize that they needed to craft some creative compromise to avoid a hastily written, ideologically divided opinion that could essentially hand over the Texas legislature and four new congressional seats to Republicans at the expense of the state’s increased Latino population, which primarily votes Democratic.

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

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

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

Texas: The U.S. Supreme Court tries to solve a looming Texas redistricting crisis | Slate Magazine

If the Supreme Court were a car, it would be a Volvo. Slow, safe, and built for the long haul. In fact if Bush v. Gore taught us anything, it’s that when the court tries to be a Lamborghini, racing to meet deadlines and flipping through its day planners to forestall impending election disasters, that’s usually when the law ends up flipping a guardrail and landing upside down on the side of the road.

Texas: Redistricting maps take spotlight in Supreme Court | Houston Chronicle

U.S. Supreme Court justices will hear a case Monday with enormous political implications for Texas and will determine whether elections are held using redistricting maps drawn by the Republican-controlled Legislature or by a federal district court to account for minority population gains.

This is not the first time the high court has weighed into the thorny area of Texas redistricting. Justices ruled in 2006 that a GOP mid-decade redistricting map by the Legislature diluted Latino voting strength to protect a Republican incumbent congressman from San Antonio. The Supreme Court has again intervened in a Lone Star political battle, with minority groups again accusing Texas of disenfranchisement through redistricting, and in the same congressional district.

Voting Blogs: Argument preview: Texas, the courts, and minority voters | SCOTUSblog

At 1 p.m. on Monday, the Supreme Court will hold 70 minutes of argument in three cases — being heard on an expedited schedule — on the new election districts that Texas will use in 2012 balloting for the state legislature and for its expanded delegation in Congress.  Arguing for the state of Texas, with 30 minutes of time, will be former U.S. Solicitor General Paul D. Clement, now in private practice in Washington with the Bancroft law firm.  He will be followed by Principal Deputy U.S. Solicitor General Sri Srinivasan, arguing for the federal government as an amicus, with ten minutes.  Arguing next, for the challengers to the state legislature’s redistricting maps, with 30 minutes, will be Jose Garza, a private attorney in San Antonio who has been representing the Mexican American Legislative Caucus in these cases.

Background

Just as the Supreme Court’s controversial ruling two years ago in Citizens United v. Federal Election Commission has become a major influence on the financing of the 2012 elections, the Court’s coming decision this Term on three legislative redistricting cases from Texas may have a strong impact on who wins some key election contests — and might even help settle control of the new U.S. House in the Congress that gathers next January.   The ruling also may bring a severe test of the constitutionality of America’s most important law on the voting opportunities of minorities, the Voting Rights Act of 1965.  For a case that could be decided on very narrow grounds, it has developed potentially historic proportions.

Texas: Supreme Court hears dispute over Texas elections, power of key part of Voting Rights Act | The Washington Post

A federal law says states and localities with a history of discrimination cannot change any voting procedures without first getting approval from the Justice Department or a federal court in Washington. Yet Texas is asking the Supreme Court to allow the use of new, unapproved electoral districts in this year’s voting for Congress and the state Legislature.

The outcome of the high court case, to be argued Monday afternoon, could be another blow to a key provision of the Voting Rights Act. In 2009, the justices raised doubts about whether Southern states still should need approval in advance of voting changes more than 40 years after the law was enacted. The case also might help determine the balance of power in the House of Representatives in 2013, with Republicans in a stronger position if the court allows Texas to use electoral districts drawn by the GOP-dominated Legislature.

Editorials: The high art of disenfranchisement | Editorial/MiamiHerald.com

Attorney General Eric Holder says the U.S. Justice Department will move aggressively to review the plethora of new voting laws that state legislatures across the nation have passed in recent years to exclude minority voters. Get to it, Mr. Holder.

There is no better place to start than in Florida where picking and choosing voters has become a high art and low crime. And it is not just minority voters who face these new hurdles but young voters, voters who have moved into new precincts, voters whose interest in politics is newly awakened. In short, voters who aren’t part of a tightly knit group that can be counted on for party-line (dare we say, Republican) ballots in a state where Democrats outnumber GOP registered voters.

Consider the issue of restoring civil rights, including the right to vote, to people who have completed their sentences on felony convictions. Not a popular bunch, not a group easy to defend. Yet, these are people who have paid the debt demanded of them by society, and it’s in society’s best interest to give them a stake in the future of their communities.

Texas: Case Could Change Voting Rights Act | ABC News

The Supreme Court will attempt on Monday to untangle the political mess in Texas created by a voting rights controversy. The case could have important political consequences, and highlights a lurking issue regarding the continued viability of a key provision of the Voting Rights Act, the landmark legislation passed in 1965 to protect minorities from discriminatory voting practices.

At issue are two very different sets of redistricting maps drawn up to take into account new census numbers for the state: Texas has grown by 4.3 million people since the previous census, and minorities make up the majority of the growth. Because of the population growth, Texas was awarded four additional seats in the U.S. House of Representatives.

Last spring the Republican-dominated Texas legislature passed one set of redistricting maps. But Democrats and minority rights groups immediately criticized them, arguing they did not reflect the growth of minority representation. Texas, a state with a history of past discrimination in voting, is subject to Section 5 of the Voting Rights Act, which requires the state to get approval or “preclearance” from the Department of Justice or a federal court in Washington, D.C., for any election-related changes.

Texas: Election map fight goes before Supreme Court | Thomson Reuters

The Supreme Court next week will step into a partisan battle over remapping congressional districts in Texas, the court’s first review of political boundary-drawing resulting from the 2010 U.S. census, with elections ahead in November. At issue in Monday’s arguments will be whether Texas uses maps drawn by a U.S. court in San Antonio favoring Democrats and minorities, or maps drawn by the Republican-dominated state legislature, in the 2012 congressional and state elections.

Texas Republican officials appealed to the Supreme Court, arguing that a lower court had overstepped its authority in coming up with its own redistricting plan and that it should have deferred to the state legislature’s plan. The Obama administration for the most part has supported the state Democratic Party and groups representing Hispanics and blacks before the Supreme Court, saying that parts of the state’s plan violated the federal voting rights law.

Texas: Supreme Court to examine Texas redistricting | USAToday.com

As the election season intensifies, the Supreme Court will hear a dispute Monday involving the fairness of new voting districts drawn by the Texas Legislature. The case arises as several challenges from other states and localities have been made against the landmark 1965 Voting Rights Act. Advocates on both sides are watching the Texas case for signals from the court on whether a decades-old provision intended to ensure equality at the polls should stand.

In Texas, a San Antonio-based federal court blocked the Legislature’s voting-district maps, saying they could not be used until officials had ensured, based on the 1965 law, that they didn’t harm the interests of Hispanics and blacks. Texas contends the lower court judges wrongly drew a new, interim plan for state House and Senate districts and Texas’ 36-member U.S. House of Representatives. State lawyers say the judges should have deferred to the legislative plan even though it had not been cleared under Section 5 of the Voting Rights Act.

New Mexico: Lawmakers to consider voter ID requirement | The Santa Fe New Mexican

Legislation to repeal the law that allows illegal immigrants to get driver’s licenses often is cited as the most divisive issue the Legislature likely will deal with during the upcoming session. But another highly controversial and highly partisan issue also will be debated at the Roundhouse during the 30-day session.

The issue is a perennial one in New Mexico — “voter ID,” which is political shorthand for requiring voters to show photo identification before voting. The chief of staff for Secretary of State Dianna Duran confirmed Tuesday that Duran will push for such legislation in the session. And a spokesman for Gov. Susana Martinez said Tuesday that the governor would grant a message for the bill to allow it to be addressed in the upcoming session.

In this state, as in other states across the country, Republicans support the voter ID idea, saying it’s needed to protect against vote fraud — such as people using someone else’s name to vote. However, Democrats counter that there’s no evidence that massive voter fraud actually exists and claim that the whole idea is a Republican scheme to repress voter turnout among the elderly, young voters and minorities. Those groups are the most likely not to have voter identification. And, historically, these groups tend to vote for Democrats.

Texas: Primaries Await U.S. Supreme Court Ruling | The Texas Tribune

If Texas is going to hold primary elections on April 3, the federal courts will have to pick up the pace. A panel of federal judges in Washington, D.C., is deciding whether congressional and legislative district maps drawn by the Legislature last year give proper protection to minority voters under the federal Voting Rights Act.

At the same time, the U.S. Supreme Court is deciding whether an interim map drawn by federal judges in San Antonio is legal. In the meanwhile, there are no maps in place for the impending Texas elections.

National: Impact of South Carolina voter ID law rejection limited | USAToday.com

The Justice Department’s rejection of South Carolina’s voter ID law probably won’t prevent other states from adopting similar measures, analysts say. “Unfortunately, I don’t think this is going to have a significant chilling effect,” said Wendy Weiser, a voter ID opponent and lawyer at the Brennan Center for Justice at the New York University law school.

The South Carolina law would have required voters to show one of five government-issued IDs — such as a drivers license or passport — before casting a ballot. Justice officials said the state didn’t show the law complied with the 1965 Voter Rights Act and didn’t justify the need for the law or prove widespread voter impersonation, which tougher ID laws are designed to prevent. South Carolina Gov. Nikki Haley has promised to appeal.

Voting Blogs: How urgent is the Section 5 issue? | SCOTUSblog

While much of the rest of the nation was diverted for the holidays, a group of lawyers in Washington pressed on to prepare new legal papers in hopes of getting a speedy decision — perhaps in time for the 2012 elections — on the constitutionality of the federal law that many consider history’s most important guarantee of minorities’ voting rights.  Having barely missed the chance in 2009 to get the Supreme Court to strike down Section 5 of the 1965 Voting Rights Act, challengers are seeking to set up a new test case as quickly as they can.  They may get their wish, at least in lower federal courts.

Three days after Christmas, attorneys for a group of opponents of Section 5, who live in the small community of Kinston in eastern North Carolina (population about 24,000), urged the D.C. Circuit to take unusual steps to decide their case in close tandem with an already pending challenge there from Shelby County, Alabama.   The Kinston lawyers even offered to forfeit the usual opportunity for an oral argument, if that would move the case along.

“The public has a compelling interest in a prompt and definitive resolution of Section 5′s facial constitutionality during the upcoming election year,” the attorneys said in a motion to expedite their appeal, and to assign it to the same three-judge panel that is reviewing the Shelby County case.  “Section 5 will have a sweeping effect on the 2012 elections, because it will affect redistricting, voter-identification laws, polling-place locations, early-voting hours, and any other voting change” in all or parts of 16 states that are subject to Section 5. The Justice Department, the attorneys told the Court, does not object to those requests.

National: Redistricting Spurs Debate Over Voting Rights Act | Roll Call

As new Members take the oath of office in January 2013, something unprecedented may occur: Not a single white Democrat from the Deep South could be a Member of the 113th Congress. Louisiana, Mississippi, Alabama and South Carolina already have just a single Democratic Representative in Congress. Each of those Democrats is African-American and represents majority-black districts.

It’s a trend that may extend to a fifth state in the Deep South. Georgia’s Republican-written Congressional redistricting map, which became law earlier this year and was approved by the Department of Justice just before Christmas, undermines the current Democratic bent of Rep. John Barrow’s district. He’s the Peach State’s one white Democratic Member. The new map is likely to leave Georgia’s delegation with only four Democrats — representing the state’s four majority-black districts.

Editorials: Review & Outlook: Holder’s Racial Politics | WSJ.com

Eric Holder must be amazed that President Obama was elected and he could become Attorney General. That’s a fair inference after the Attorney General last Friday blocked South Carolina’s voter ID law on grounds that it would hurt minorities. What a political abuse of law.

In a letter to South Carolina’s government, Assistant Attorney General for Civil Rights Thomas Perez called the state law—which would require voters to present one of five forms of photo ID at the polls—a violation of Section 5 of the 1965 Voting Rights Act. Overall, he noted, 8.4% of the state’s registered white voters lack photo ID, compared to 10% of nonwhite voters. This is the yawning chasm the Justice Department is now using to justify the unprecedented federal intrusion into state election law, and the first denial of a “pre-clearance” Voting Rights request since 1994.

Editorials: Holder’s Voting Rights Gamble – The Supreme Court’s voter ID showdown. | Rick Hasen/Slate

On the Friday before Christmas Day, the Department of Justice formally objected to a new South Carolina law requiring voters to produce an approved form of photo ID in order to vote. That move already has drawn cheers from the left and jeers from the right. The DoJ said South Carolina could not show that its new law would not have an adverse impact on racial minorities, who are less likely to have acceptable forms of identification.

South Carolina Gov. Nikki Haley denounced the DoJ decision blocking the law under Section 5 of the Voting Rights Act: “It is outrageous, and we plan to look at every possible option to get this terrible, clearly political decision overturned so we can protect the integrity of our electoral process and our 10th Amendment rights.” The state’s attorney general vowed to fight the DoJ move in court, and thanks to an odd quirk in the law, the issue could get fast-tracked to the Supreme Court, which could well use it to strike down the Voting Rights Act provision as unconstitutional before the 2012 elections.

The current dispute has an eerie echo. More than 45 years ago, South Carolina also went to the Supreme Court to complain that Section 5 unconstitutionally intruded on its sovereignty. Under the 1965 Act, states with a history of racial discrimination like South Carolina could not make changes in its voting rules—from major changes like redistricting to changes as minor as moving a polling place across the street—without getting the permission of either the U.S. Department of Justice or a three-judge court in Washington, D.C. The state had to show the law was not enacted with the purpose, or effect, of making minority voters worse off than they already were.