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Election Law

Voting Reform

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Here is a reprint of an excellent recent Washington Post op-ed regarding some approaches to resolving voting problems. 

What Obama can do about all those voting problems
By Greg Sargent

During his victory speech, President Obama surprised and delighted a lot of observers with an offhand reference to fixing our voting problems. After noting that people had waited in line for a very long time, he drew applause when he said: “By the way, we have to fix that.”

Good idea. Let’s do it.Read More »Voting Reform

#DNC2012 Voting Rights Institute

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Convention days were filed with caucus and other Democratic group meetings, including a meeting of the DNC’s Voting Rights Institute on Sept. 6, 2012.  We are happy to feature a guest column by Susan Dosier, a communications specialist who attended the meeting.

 The Democratic Party and A Host of Voter Groups Needs Volunteers To Help Fight Against Attacks On Voter Rights

Donna Brazile kicks off Voting Rights Panel (photo credit – Steve Bunn)

A line-up of political rock stars, including actress America Ferrera, Donna Brazile, Congressman Steny Hoyer,  Georgia Representative John Lewis, MSNBC talk show host Melissa Harris Perry, and others gathered to focus on what many at the Convention still find incredulous: the narrowing of criteria that allow Americans to vote.

At issue: 25 percent of Americans don’t have a government-issued ID. (Several new laws require as multiple forms of identification in order for someone to register to vote.)  For example, in Texas, you can register to vote with an National Rifle Association permit, but the state will not accept a photo ID from a community college.

Melissa Harris Perry moderated a panel with leaders who are working in each of their constituent groups (African Americans, organized labor, youth, Latinos, and more) to help the audience understand what’s happening, what’s being done, and how they can help.  Many of the restrictive voting laws passed target African-Americans, Hispanics, young voters, seniors, and people with disabilities.

“I’ve never seen anything like this!” Donna Brazile told the group. The same sentiment was heard from many in the room.

Many organizations and groups are actively responding, including the NAACP, organized labor, and Americans With Disabilities.Read More »#DNC2012 Voting Rights Institute

New Study: Little Voter Fraud, Great Disenfranchisement

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 A recent “analysis of 2,068 alleged election-fraud cases since 2000 shows that while fraud has occurred, the rate is infinitesimal, and in-person voter impersonation on Election Day, which prompted 37 state legislatures to enact or consider tough voter ID laws, is virtually non-existent.”   The Study’s authors began “data-gathering effort in January 2012 by reviewing the more than 300 cases of alleged voter fraud collected by the Republican National Lawyers Association (RNLA).  For years, the RNLA has been urging strict voter-identification laws on the grounds of massive amounts of voter fraud, and in 2011 the organization released a survey of voter fraud cases in America.  However, the News21 analysis showed that the RNLA cases, now totaling about 375 cases, consisted mainly of newspaper articles about a range of election issues, with little supporting evidence of actual in-person voter fraud.”   In contrast to the few and far between fraud cases, new voter ID requirements could disenfranchise hundreds of thousands of voters.  “According to Pennsylvania’s Department of State and the Department of Transportation, as many as 758,000 people, about 9 percent of the state’s 8.2 million registered voters currently don’t have the identification that now will be required at the polling place.”  Read the article here.Read More »New Study: Little Voter Fraud, Great Disenfranchisement

The Challenge of Obtaining Voter ID

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Virginia recently strengthened its voter ID requirements, but did not require government-issued photo IDs, as discussed in this post.

The Brennan Center  just issued a report on other states, however, that have this requirement:  “Ten states now have unprecedented restrictive voter ID laws.  Alabama, Georgia, Indiana, Kansas, Mississippi, Pennsylvania, South Carolina, Tennessee, Texas, and Wisconsin all require citizens to produce specific types of government-issued photo identification before they can cast a vote that will count.  Legal precedent requires these states to provide free photo ID to eligible voters who do not have one.  Unfortunately, these free IDs are not equally accessible to all voters.”

“This report is the first comprehensive assessment of the difficulties that eligible voters face in obtaining free photo ID.  The 11 percent of eligible voters who lack the required photo ID must travel to a designated government office to obtain one.  Yet many citizens will have trouble making this trip.”  As the report details, many of the state ID-issuing offices are long distances from voters, lack public transportation, and have limited business hours.  Moreover, the documentation required to obtain a photo ID, including birth certificates and marriage licenses, can cost up to $25.  “By comparison, the notorious poll tax — outlawed during the civil rights era — cost $10.64 in current dollars.”Read More »The Challenge of Obtaining Voter ID

Judge to GOP Candidates: You Snooze, You Lose

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Federal District Judge John Gibney yesterday rejected the efforts by GOP Presidential candidates Perry, Gingrich, Santorum, and Huntsman to litigate their way onto the Virginia March 6, 2012 primary ballot.   Each of the candidates had failed to comply with the Virginia statutory requirement that they obtain 10,000 signatures to qualify for the primary.  In its Opinion, the Court held that their request for a preliminary injunction to place them on the ballot was barred by the equitable doctrine of laches – meaning that they waited too long to challenge the law, and a change at this time would disrupt the printing of the ballots and the primary process.  “In essence, they played the game, lost, and then complained the rules were unfair.”  Op. at 2.  In doing so, the candidates “displayed an unreasonable and inexcusable lack of diligence.”  Op. at 11.Read More »Judge to GOP Candidates: You Snooze, You Lose

Failed GOP Presidential Candidates Seek Federal Court Ruling that VA GOP, SBE Violated Voting Rights Act

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After only Willard Romney and Ron Paul timely submitted the required 10,000 signatures (with 400 from each CD) to qualify for the Virginia GOP primary ballot, Rick Perry sued Virginia State Board of Elections (“SBE”) members (Judd, Bowers, and Palmer) and Republican Party of Va. (“RPVA”) Chair (Pat  Mullins), in their official capacities, in federal court.  Perry sought to litigate his way onto the ballot by having the Court issue an injunction prohibiting the SBE from enforcing the law and compelling the RPVA to place him on the ballot.  Perry v. Judd, Civ. No. 3;11-cv-856-JAG (E.D. Va. Dec. 27, 2011).  The Court invited the other GOP candidates to intervene, and Santorum, Gingrich, and Huntsman did so.  The Court set a schedule requiring opening briefs to be filed on Jan. 6, responses on Jan. 11, and a hearing with live witnesses on Jan. 13.  Here are some of the highlights of the briefs the parties filed yesterday.Read More »Failed GOP Presidential Candidates Seek Federal Court Ruling that VA GOP, SBE Violated Voting Rights Act

DNC State Chairs Group Meets

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One of the most important groups within the Democratic National Committee is the Association of State Democratic Chairs (ASDC), which consists of each state’s party chair, first vice chair, and executive director.  The ASDC meets four times a year and just concluded its winter meeting here in Las Vegas.  Over the past three days, the ASDC presented speeches, panels, and workshops providing practical information and guidance on issues  including state party budgeting, state party fundraising (including for the national convention), social media,  party administration, DNC and state party constituency efforts, national convention best practices, DNC technology, state party campaign structure, voter protection efforts, and updates on President Obama’s campaign and the national convention. The DPVA was well represented by VC Gaylene Kanoyton and ED Dave Mills, and I attended with DNC members Mame Reiley, Doris Crouse-May and Susan Swecker, and Sen. Louise Lucas.   Some highlight of the sessions I attended:Read More »DNC State Chairs Group Meets