Canada: Expats in court to challenge voting rights law | Toronto Star

An Ontario judge was urged Monday to consider whether the historical reasoning for a law that strips some expatriates of their voting rights makes sense in today’s world. The request came from a lawyer for two Canadians who are challenging the rule that affects citizens living abroad for more than five years. “The most critical thing is to look at whether these provisions are constitutional now, considering the current context of globalization and the way people travel around the world and are able to stay connected,” said Shaun O’Brien. “Lots of things existed in voting legislation that we no longer accept . . . . The fact that historically the nature of our system requires residence doesn’t meant that residence is required now.”

Editorials: The Voting Rights Playbook: Why Courts Matter Post-Shelby County v. Holder | Center for American Progress

Voting is more than simply deciding which candidate to support; it is an experience. Depending on where you live, the laws of your state, your ease of access to transportation, and the ways your county administers elections, this experience—from registration to actually casting a ballot—differs greatly between counties and is largely dependent on the actions and laws passed by local officials. Unsurprisingly, those in power seek to maintain the status quo because that is what put them into power in the first place. Lawmakers can use their power to create laws crafted to their self-preserving advantage and make it harder for new populations—who are often viewed as threats to the status quo—to participate in the democratic process. Often termed “the tyranny of the majority,” our nation’s founders grappled with this problem of protecting the status quo, which could be used to limit the power that new demographic populations have to participate in our democracy. Our nation is currently experiencing a demographic sea change.  Starting in 2012 through 2016, the number of Hispanic citizens eligible to vote is projected to rise nationwide by 17 percent—or by more than 4 million new voters. From 1996 to 2008, the number of Asian American citizens eligible to vote increased by 128 percent; Asian Americans were 3 percent of the electorate in 2012. While Asian Americans and Hispanics make up an increasingly larger proportion of the electorate, the proportion of eligible white voters has decreased.  The increasingly diverse pool of eligible voters is overturning the status quo and traditional voting blocs in our nation.

Iowa: Lawmakers to probe case of ex-felons denied vote | Associated Press

Errors in state records could be denying legitimate voters the right to cast ballots, a Republican county election official from northern Iowa said. Three voters were wrongly denied the right to vote in Cerro Gordo County in northern Iowa in the 2012 presidential election, and Auditor Ken Kline said he wants an investigation to figure out how it happened and how to prevent it from happening again. One person who was never convicted of a felony and two ex-felons whose voting rights had been restored were denied votes in the election after Iowa Secretary of State Matt Schultz’s office confirmed the three were on a list of ineligible voters, Kline told The Des Moines Register for a story published Thursday. Schultz’s spokesman said his office relied on information provided by Iowa court officials and concerns about the accuracy of the list of ineligible felons should be addressed to the courts.

National: Going on offense to expand the vote | The Washington Post

Here’s a very interesting development that suggests Dems are beginning to take the war over voting far more seriously than in the past — and are gearing up for a protracted struggle over voting access that could make a real difference in 2016. A group of leading Democratic strategists is launching a new political action committee that will raise money for a very specific purpose: Getting Democratic secretaries of state who favor expanded voting elected in four states — Ohio, Colorado, Iowa, and Nevada. Jeremy Bird, a national field director for Obama’s presidential campaign, tells me the effort will aim to raise in the “significant seven figures” to spend on just those four races (read more about the races right here). That could have a real impact, Bird says, because the average secretary of state candidate in such races spends an average of $500,000 total. The group’s board of directors has ties into the world of Obama and Clinton donors.

Ohio: Husted may decide Elections Board move | The Cincinnati Herald

With the Hamilton County Board of Elections members in a 2-2 political deadlock over a proposal to move its headquarters to the former Mercy Hospital in Mt. Airy in the College Hill area. Ohio Secretary of State Jon Husted may be the one to cast the deciding vote. The stalemate came at the Jan. 27 Board of Elections meeting following a public hearing on the issue, during which Republicans and Democrats expressed the pros and cons of it. Speakers on the Republican side said the move would be a sound financial decision in that it saves the county $700,000 in annual rental now paid for the Downtown office on Broadway, and Democrats opposed it as another move to suppress and disenfranchise voters. The Mt. Airy site is offered at no cost to the County. Cincinnati City Council members are unanimously against the move, following a vote on the issue.

Missouri: GOP wants to change Missouri constitution for voter ID | MSNBC

The nationwide fight over voter ID laws is heading next to the Show Me State. Missouri Republicans are working to amend their state’s constitution as part of an aggressive push to require photo identification at the polls. The GOP-controlled legislature held a hearing Monday on two voter ID bills. One would place a proposed constitutional amendment on the ballot this November, which, if approved by voters, would allow for a voter ID law. The second bill, to go into effect only if the amendment passes, would impose voter ID. The two-pronged approach is needed because of a 2006 state Supreme Court ruling which found that voter ID laws violate the state constitution’s guarantee of a right to vote. A Pennsylvania judge this month struck down that state’s ID law on similar grounds.

Editorials: Obama winning war on voting rights | DeWayne Wickham/USAToday

President Obama is winning this war. I’m not talking about the lingering conflict in Afghanistan, that distant fight against what remains of Osama bin Laden’s terrorist organization and the Taliban, a feudal band of religious zealots that threatens to overturn the Hamid Karzai government that the Obama’s administration is propping up. No, the war in which Obama has just scored a major victory is being waged inside this nation’s borders. It’s the fight over voting rights — a combat that has impacted the outcome of every presidential election, and many lesser contests, for longer than U.S. forces have been in Afghanistan, which is America’s longest war on foreign soil. Obama scored this domestic victory in an unusual way: He put Republican Benjamin Ginsberg, one of his opponents’ most successful field commanders, at the head of his effort to beat back attempts to restrict the voting rights of a lot of people — many of whom are widely thought to be Democrats.

Florida: Fights continue over voting rules in Florida | Orlando Sentinel

Florida elections officials predict that a new round of reforms should make voting in November a breeze compared with 2012, when tens of thousands of residents were forced to wait seven hours or longer to cast a ballot. But the changes, which include more days of early voting, don’t signal a truce in the fight over Florida elections. From Congress to the courts, activists of all stripes continue to battle over voting rules. The outcome of those fights could affect how — and which — Floridians go to the polls in 2014 and beyond. One flash point is voting rights for ex-convicts. Florida is one of just a few states that prohibit felons from voting once their sentences are complete. Instead, they must wait at least five years before they can apply to a state clemency board to have their rights restored.

Washington: Democrats push forward minority voting bill; measure likely to die in Senate | Associated Press

In another move to differentiate themselves from the Republican-controlled Senate, House Democrats are pushing forward a measure that aims to enhance minority voting rights. The House is expected to vote next week on the measure called the Washington Voting Rights Act, which opens the possibility of court challenges to cities, counties and school districts to push them to switch from at-large to district elections in areas where large minority groups are present. The measure, like others in this short session, is expected to die in the Senate, a chamber controlled by a Republican-dominated coalition. This short legislative session is shaping into a bipartisan stall, where measures from opposite chambers aren’t going anywhere.

Voting Blogs: Don’t Listen to the Naysayers – This Report is Important, and It’s Going to Matter | Heather Gerken/Election Law Blog

The President’s Commission on Election Administration just released its report, and it offers something we don’t often see in policymaking circles these days: sanity. The report provides a knowledgeable, balanced overview of what ails our system, and its recommendations are spot-on. No good deed goes unpunished in Washington, of course. Indeed, I’d be willing to make two predictions. First, the naysayers are going to tell you the Commission should have “done more” by weighing in on controversial issues like voter ID or the Voting Rights Act. Second, most reporters are going to miss why this report matters as much as it does. If tomorrow’s papers trumpet complaints that the Report doesn’t offer any bipartisan “grand bargains” on voter ID or the Voting Rights Act, toss ‘em. Grand bargains can’t be had in this political climate. The Commissioners wisely focused on getting something done. And their recommendations are going to make a real difference to real people. I’d take that deal any day.

Guam: Fighting for Democracy, But Can’t Vote for President | Huffington Post

President Obama said in his 2013 State of the Union Address that “we are betraying our ideals” when any American is denied the right to vote because of where they live. This month, as President Obama prepares once again to address the nation, nearly 600 soldiers from Guam are returning home after a nine-month deployment in Afghanistan. While these patriotic Americans answered the call to defend democracy overseas, they are denied democracy at home. When the 2016 General Election rolls around, they will be unable to vote for President and will only elect a non-voting Delegate to Congress. During their first month of deployment in Afghanistan, two Guam soldiers, Spc. Dwayne Flores, 22, and Sgt. Eugene Aguon, 23, were killed by a car bomb. According to statistics from the Washington Post’s “Faces of the Fallen,” Guam’s casualty rates in Iraq and Afghanistan have been 450 percent above the national average. Perhaps that is because Guam ranks higher than any state in per capita recruitment rates. Fully 1 in 20 Guam residents are military veterans according to the U.S. Census. During World War II, Guam endured a brutal enemy occupation that resulted in over a thousand civilian deaths. Today, Guam’s location on the doorstep to Asia contributes to national security, but also places its residents uncomfortably close to North Korea and other threats.

Tennessee: Pressure Mounts on Election Officials as Local Probe by FBI Begins | Memphis Flyer

The now ongoing FBI’s investigation of the Shelby County Election Administrator’s office, first reported as imminent by the Flyer in December, is moving — in the often-used bureaucratic phrase — “with all deliberate speed.” So far one employee of the Election Administrator’s office has been interviewed by the FBI, but five more designated on the Bureau’s ask list have not been, nor has the Administrator himself, Richard Holden. Earlier reports had suggested that Holden would be interviewed this week, but Robert Meyers, chairman of the Shelby County Election Commission, said he had been informed that Holden’s interview had been rescheduled for some time in early February. Meyers confirmed that, besides Holden himself, the FBI had designated six employees for interviews — “two in voter registration, three in the election officials department, and one trainer.” The chairman — one of three Republicans on the five-member Commission, which also includes two Democrats — declined, on grounds of “fairness,” to identify the names of the six employees involved, or to indicate the category of the employee already interviewed.

Editorials: Puerto Ricans, others still denied full voting rights | Miami Herald

This month we celebrate the life of Dr. Martin Luther King Jr. and his commitment and accomplishments for equality — including voting rights — during the civil-rights movement. Even though great voting rights accomplishments have been achieved over the decades, injustices still exist. U.S. citizens residing in American territories such as Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands and Samoa are denied the right to vote for president. The premise is that these territories are not states of the union, and therefore, U.S. citizens residing in these territories must be denied the right to vote. But a U.S. citizen, for example, residing in, say, North Korea, under the Uniformed and Overseas Citizens Absentee Voting Act, will still maintain his or her right to vote. This is the same for any other country that the citizen moves to as long as they resided in a state of the union prior to moving. However, a U.S. citizen who was born in a territory will never have the right to vote as long as they are a resident of that or another U.S. territory.

California: Palmdale appeals court decision, says it won’t hold new election | Los Angeles Times

Palmdale officials this week appealed a trial judge’s ruling that their at-large elections violate the California Voting Rights Act and said they will not hold new balloting in June. Last month, Los Angeles Superior Court Judge Mark V. Mooney ordered a new, district-based elections system for Palmdale and required that it hold a special election in June to replace the city’s November at-large election.  He also ruled that the current council members could not stay in office beyond July 9. The appeal automatically stays the order for a new election but not the prohibition against current council members remaining in office, thus adding to the confusion that has beset the city since the court fight began over the elections system last spring.

California: Anaheim settles minority voting rights lawsuit; residents will weigh in on electoral changes | Associated Press

Anaheim on Tuesday approved a settlement in a voting rights lawsuit that challenged its citywide elections as unfair to the city’s Hispanic majority. Under the settlement, the plaintiffs’ claims will be dismissed and Anaheim residents will vote in November on whether to change the city charter to a district system, which supporters and judges have said is more fair to minority voters, the city announced in a statement. The city didn’t admit in the deal that its current system violates the California Voting Rights Act, under which the American Civil Liberties Union brought the lawsuit on behalf of three residents. City Attorney Michael R.W. Houston said it will allow changes to the system to be decided by voters, “not through court-ordered mandates and judicial oversight of the City’s electoral system.”

Iowa: Felon question taken off Iowa voter forms | The Des Moines Register

Iowa is moving to revise its voter registration application to help clear up widespread confusion over felons’ voting rights, according to an administrative rule published Tuesday. The change, adopted by a bipartisan commission, would remove a question that some voters have erroneously marked indicating they are felons without the right to vote. Another revision would explain that convicted felons aren’t qualified to vote until they have their rights restored by Gov. Terry Branstad. Prospective voters still would have to attest that they are not felons without voting rights when signing the application. If the changes go into effect, as expected, a new application will be in use starting April 9. The state will gather public comment on the proposed changes through Jan. 28, and a legislative rules committee will review them in February.

Editorials: The right to vote in a 21st Century democracy | Twin Cities Daily Planet

In just a few weeks Minnesotans will attend their party caucuses as part of the process of selecting the candidates who will run for governor and other constitutional offices, U.S. Senator and House of Representatives, and the Minnesota House of Representatives, among other positions. Yet if the past is any indication of what will happen, very few individuals will attend these caucuses–some by choice–but others will be excluded by economic or practical necessity, without the option of participating by absentee voting or through technologies that would make it possible to engage, even halfway around the world. The exclusionary nature of Minnesota’s caucus system questions what the right to vote really means. Who gets to participate in our political system and how is among the topics I address in my new book, Election Law and Democratic Theory, published this month by Ashgate Publishing. It is if not the first at least one of the first books that makes a simple argument–election law are the rules that make democracy possible.

North Carolina: The right to vote cannot be voted on | Technician Online

North Carolina’s state government functioned in a state of confusion last summer. Each Monday, Raleigh hosted hundreds of protestors, ranging from those who challenged the proposed, heavily restrictive anti-abortion laws and cuts to teacher salaries as waves of conservative influence exerted itself on the floor of the North Carolina House. While the aforementioned proposals drew attention from major news sources, the legislation that most propelled North Carolina into the national spotlight and the center of heavy media debate was its reintroduction of a new set of regulations relating to voting rights. Suddenly, North Carolina was facing the passage of a bill that, at its surface, seemed to be an attempt to bolster a strong image of voter security. In actuality, voter fraud rarely happens. A study by the U.S. Department of Justice found that between 2002 and 2005, only 40 voters were indicted for voter fraud. North Carolina’s voter ID bill represents the failings of a conservative state legislation in regards to not only the right to vote but also the interests of those in minority status.

Wisconsin: Legal filings hone arguments over voter ID law | Journal Sentinel

The federal judge deciding the legality of Wisconsin’s voter ID law received an early Christmas present last week in some reading for over the holidays: more than 200 pages of post-trial briefs. Don’t blame the parties. U.S. District Judge Lynn Adelman, who presided over eight days of testimony in November, invited the briefs and set the pre-holidays deadline. He hasn’t indicated when he will rule. Despite their length, the briefs are meant to sharpen the points both sides tried to make at trial. The plaintiffs, individual voters and groups representing minorities, contend Act 23 violates the federal Voting Rights Act because it has a disproportionate negative impact on members of those groups, regardless of the law’s intent. The state contends the law furthers a legitimate interest in protecting the integrity of the electoral process and stopping fraud, and that it allows enough alternative forms of photo ID to accommodate anyone who truly wants to vote.

California: Latino voters sue Visalia to end ‘at large’ voting. | Modesto Bee

A group of Latino men who sued the city Thursday allege that Visalia’s “at large” system of electing council members violates the California Voting Rights Act by making it nearly impossible for Latino candidates to win. The Superior Court lawsuit seeks a court order requiring the city to switch to district elections and hold them in even-numbered years, which would correspond with state and federal election cycles. Council members are currently elected in a citywide vote in odd-numbered years, with the top vote-getters winning. The lawsuit comes less than two months after a City Council election in which the only Latino candidate came in a distant fourth behind three white incumbents in the city of about 127,000 that is 46% Hispanic.

Delaware: Panel continues review of Delaware election laws | Associated Press

Members of a task force charged with reviewing Delaware’s election laws seemed to agree Wednesday that there’s no need for a law requiring political candidates to undergo criminal background checks. Background checks for candidates are among several issues that have been explored by the task force, formed by lawmakers earlier this year to conduct a comprehensive review of Delaware’s elections and make recommendations on how to improve them. The panel is to submit its report in March. The issue of background checks came up after New Castle County elections officials ruled last year that Derrick Johnson, pastor of Joshua Harvest Church in Wilmington, was ineligible to run for mayor of Wilmington because he had served prison time for manslaughter — an “infamous crime” that officials determined prevented him from holding office, despite a later pardon. “The only reason we knew about it was because he was so open about it,” said state elections commissioner, the chair of the task force.

California: Palmdale ordered to hold by-district election for City Council posts | Los Angeles Times

A Los Angeles County Superior Court judge, who earlier this year found the city of Palmdale to be in violation of the California Voting Rights Act, has ordered the city to hold a new by-district election for its four City Council posts. In a ruling dated last week and received by the involved parties over the weekend, Judge Mark V. Mooney ordered that the special election, to replace the balloting for council seats held last month, is to be conducted June 3, the same day as the California primary. Future elections are to be held in November of even-numbered years, to dovetail with state and federal balloting, in the expectation that such coordination will increase voter turnout. The judge allowed Palmdale to continue to elect its mayor by voters throughout the city. That means Mayor James Ledford’s recent reelection will not be affected by the ruling.

District of Columbia: Bill Would Give D.C. Residents Who Aren’t U.S. Citizens Voting Rights | DCist

A bill was introduced to the Council today that would allow people who are D.C. residents but not U.S. citizens local voting rights. The Local Resident Voting Rights Act of 2013 was introduced by Councilmembers Muriel Bowser (D-Ward 8), Jim Graham (D-Ward 1), David Grosso (I-At Large) and Tommy Wells (D-Ward 6). The bill would amend the District of Columbia Election Code to allow non-citizens over the age of 18 who have lived in D.C. for at least 30 days and are legal permanent U.S. residents to vote in local elections. Translation: D.C. residents with a green card would be able to vote in municipal elections. “Pot holes, community centers, playgrounds, minimum wage, taxes, supercans, snow removal, alley closings, alcohol license moratoriums, red light cameras – these are all important issues that voters in the District of Columbia entrust their leaders with,” Grosso said in a statement. “And unfortunately, not all of our residents have say in choosing the individuals who make these decisions. In my opinion, that is unjust.”

India: Homeless in Delhi Get Chance to Exercise Voting Rights | New York Times

On a hazy Tuesday morning at a homeless shelter, Durga Dayal, 27, showed me his voter identity card with great elation. As I sat looking at his voter card, scores of people flitted in and out of the shelter, inquiring about whether their cards had arrived as well. The excitement was palpable and justified as a new voting bloc has emerged in the national capital before the Delhi state assembly elections on Wednesday. Considered one of the most marginalized communities in the state, around 7,000 of the homeless are expected to make their way to the polling booths for the very first time to cast their votes. “It is a good step as it will help in improving the voting percentage and also to spread awareness about the right to vote in elections,” said Ravinder Kumar Bajaj, an electoral registration officer in charge of Chandni Chowk, a locality in old Delhi. A large number of the homeless have been registered as voters in this assembly constituency.

California: Palmdale Voting Rights Act Ruling Could Change Political Landscape | KHTS Radio

Palmdale politics could be changed forever if a judge’s ruling in a California Voting Rights Act lawsuit stands. Don’t miss a thing. Get breaking Santa Clarita news alerts delivered right to your inbox. A tentative ruling by Judge Mark V. Mooney called for Palmdale to scrap at-large elections in favor of four districts and a citywide mayoral position, which is currently held by Mayor Jim Ledford. Furthermore, Mooney’s judgment states no member of Palmdale‘s City Council, save Ledford, can hold office after July 9, 2014, calling for a special election in June. “As always, we’re pleased with Judge Mooney’s ruling and reasoning,” said attorney Kevin Shenkman, who represented the plaintiff. “It’s a very well thought-out decision. We’re happy because we think the remedy that Mooney has set out will provide an opportunity for Latinos and African Americans in Palmdale to elect their candidates of choice.”

Washington: Voting rights legislation is pushed to benefit minority groups | Seattle Times

Racial and ethnic minority groups are continually elbowed out of policy discussions at the local level due to an unfair elections system, at least according to supporters of a bill intended to change that. Introduced in 2012, the Washington Voting Rights Act (WVRA) aims to address the allegedly unfair system by providing legal remedy to citizens who feel that the community they live in is underrepresented in local government. Technically, the bill targets “polarized voting,” where there is a disparity between the losing candidate that minority groups voted for and the winning candidate voted for by the rest of the electorate. A citizen who feels that their community is underrepresented by their current representative submits a grievance to their local government and if polarized voting is found to be present, then the district must make changes to their district make-up for future elections. The remedy for at-large districts would be to switch to district-based voting, which would create smaller voting blocs gerrymandered around smaller communities. If that change is not made within 45 days of the complaint, then the plaintiff may sue.

Wisconsin: State Supreme Court to consider two voter ID cases | Journal Sentinel

The Wisconsin Supreme Court agreed Wednesday to take up two separate cases over the state’s voter ID law, which has been blocked since shortly after it took effect in 2012. The move by the high court cancels oral arguments that were to be held next month before the District 2 Court of Appeals in Waukesha in one case. In the second case, the Supreme Court is agreeing to review a decision by the Madison-based District 4 Court of Appeals. The Supreme Court’s action comes six days after the Republican-run state Assembly voted to soften the voter ID law in hopes of overcoming four legal challenges. The state Senate is also controlled by Republicans, but leaders in that house have said they want to see how courts react to the cases before deciding whether to tweak the voter ID requirement. The short orders issued Wednesday by the Supreme Court put the two state cases before it and clear a path for decisions to be rendered by June. No one dissented in the decisions to take the cases. Meanwhile, two other challenges are being considered in federal court in Milwaukee. A two-week trial in those cases wrapped up last week, and U.S. District Judge Lynn Adelman is expected to issue a written ruling early next year on whether the law is constitutional and in keeping with the federal Voting Rights Act.

Iowa: Polk County judge suspends voter fraud rules | The Des Moines Register

Controversial rules governing voter fraud investigations will remain suspended until the conclusion of a lawsuit challenging their legality. A Polk County judge on Wednesday issued a temporary injunction against implementation of the rules. The move is a positive development for the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which brought the suit against Iowa Secretary of State Matt Schultz. At issue are rules written by Schultz’s office guiding the process by which the state may verify a voter’s eligibility and strip the voting rights of those found to be ineligible.

Wyoming: Commission OKs paying attorney fees in 2005 voting rights lawsuit | The Ranger

The Fremont County Commission has approved paying roughly $85,000 toward attorney fees for the plaintiffs in a 2005 voting rights lawsuit. The county’s insurance carrier is to pay the remainder of the $960,000 fee that a federal judge ordered the county to pay the lawyers who represented a group of American Indians in the suit. Commissioners used all $84,000 from their contractual services line item and dipped into the county’s cash reserve for $1,275 to fulfill their obligation. The commission has settled its financial obligations in the suit, but the legal action left a lasting impact on the county.

United Kingdom: Defying Strasbourg ruling on prisoner voting rights risks anarchy, MPs told | The Guardian

The government’s chief law officer has given his strongest warning yet to MPs that refusing to comply with European human rights rulings on prisoner voting rights risks “a degree of anarchy”. The attorney general, Dominic Grieve, said the issue of giving convicted prisoners the vote was profoundly symbolic in the British debate on European human rights laws, but that it was no slight matter for Britain to be in breach of its international obligations. He made his remarks during a Westminster hearing of a joint committee of MPs and peers who were considering a draft prisoner voting bill. The meeting also heard a strong warning from Thorbjørn Jagland, secretary-general of the Council of Europe, which oversees the European human rights court at Strasbourg.