In The News

Online voter registration bills see support from House, Senate committees

Houston Chronicle by Jayme Fraser

Texas could become the seventeenth state to allow online voter registration if two bills advancing out of committees receive final approval.

House Bill 313, which received praise from committee members in a Monday hearing, and Senate Bill 315, which was voted out of committee Thursday, propose allowing voters to register online and have that application automatically authenticated rather than having to wait on local election officials to reenter the data in their systems and confirm it.read more >>

Lead Essay: What Are Foundations For?

Boston Review by Rob Reich

Judge Richard Posner, one of the foremost American jurists outside the Supreme Court, once observed, “A perpetual charitable foundation . . . is a completely irresponsible institution, answerable to nobody. It competes neither in capital markets nor in product markets . . . and, unlike a hereditary monarch whom such a foundation otherwise resembles, it is subject to no political controls either.” Why, he wondered, don’t we think of these foundations as “total scandals”? read more >>

States vote yes to online registration

Politico by Kevin Robillard

Finally, a change to election law that Democrats and Republicans can agree on.

And it’s sweeping the nation.

A wave of states in recent years have moved to allow residents to register online and the pace is quickening today as many more are debating the issue — a development that is swelling voting rolls, saving taxpayers’ money and providing a welcome demilitarized zone in the raging partisan wars over ballot access.read more >>

Plan to register more voters draws fire

Statesman Journal by Peter Wong

Measures proposing to expand Oregon’s current and future voters have resulted in partisan divisions this session in the Oregon Legislature.

Secretary of State Kate Brown has proposed to use driver records to expand Oregon’s voter rolls by as many as 500,000 voters on top of the 2.2 million registered for the Nov. 6 presidential election.

But the plan proposed by Democrat Brown in House Bill 2198 has run into opposition from Republican lawmakers and the Oregon Republican Party.read more >>

Willful Ignorance

The New York Times OP-ED by The Editorial Board

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Smaller States Find Outsize Clout Growing in Senate

The New York Times by Adam Liptak


Big State, Small State

RUTLAND, Vt. — In the four years after the financial crisis struck, a great wave of federal stimulus money washed over Rutland County. It helped pay for bridges, roads, preschool programs, a community health center, buses and fire trucks, water mains and tanks, even a project to make sure fish could still swim down the river while a bridge was being rebuilt.read more >>

Los Angeles Frets After Low Turnout to Elect Mayor

The New York Times by Jennifer Medina

LOS ANGELES — The roughly $19 million spent in the 2013 mayoral primary here made it the most expensive on record. But that is not the number that has people agog. Just 21 percent of registered voters turned out for last week’s election — the lowest rate for a primary without an incumbent since at least 1978.
Relatedread more >>

Why We Need to Fix Voting, Not Blow Up the Voting Rights Act — in 7 Maps

The Atlantic Wire by Philip Bump

If Wednesday morning's oral arguments are any indication, the Supreme Court stands poised to require that a law written to protect the rights of black voters in the South be overhauled — even while the rest of the United States is riddled with uneven, unclear voting rules. The case has drawn the country's attention today back to a small part of a still messy, unseen, and ignored picture.read more >>

Uphold Section 5 of the Voting Rights Act

The National Law Journal by Erwin Chemerinsky

Race discrimination in election practices is hardly a thing of the past, and it is imperative that the U.S. Supreme Court uphold the constitutionality of Section 5 of the Voting Rights Act when it decides Shelby County, Alabama v. Holder, to be argued on February 27.read more >>

Voting Rights 2.0

Slate by Emily Bazelon

Congressional District 23 cuts across a rural swath of southwestern Texas, from the state’s border with New Mexico, hundreds of miles south along the Rio Grande, stretching east to San Antonio. It’s among the least densely populated terrain in the country—and the most electorally disputed. The district was created in 1967, two years after the passage of the Voting Rights Act. The voters of District 23 sent a Democrat to Congress every term until the 1992 election.read more >>

Why Now Is the Right Time for Immigration Reform

National Journal by Niraj Chokshi

Lawmakers tried it in 2005, 2006, 2007, 2009, and 2010—and failed. It’s been years since the nation’s immigration system has been comprehensively reformed. Why would 2013's attempt be any different?read more >>

Montana, Not California, Shows the Way on Citizens United

MercuryNews.com by David W. Wise

A fresh breeze of reform is blowing in from the western plains.

On Election Day, Montana Attorney General Steve Bullock was one of just three nonincumbent Democrats to win election as either governor or U.S. senator in states that went red in the presidential race. Bullock was inaugurated two weeks before this month's third anniversary of Citizens United. He had led a fight to try to keep the U.S. Supreme Court decision in that case from negating Montana's strict campaign finance law in state elections.read more >>

How The Senate Filibuster Has Weakened Over Time

Talking Points Memo by Sahil Kapur

The Senate filibuster has been used sparingly throughout most of U.S. history. But several times when the minority has abused the tool, the majority has responded by changing the rules. History may soon repeat itself.read more >>

Citing Rubio’s Ideas on Immigration Reform, White House Sees Hope for Bipartisan Deal

The Washington Post by David Nakamura and Felicia Sonmez

The Obama administration suggested Tuesday that there are signs that bipartisan cooperation might be possible on immigration reform, in light of some new ideas being championed by Republican Sen. Marco Rubio (Fla.).

White House press secretary Jay Carney said that Rubio’s proposals to offer more visas to highly skilled tech workers and potentially provide legal status and citizenship to many of the nation’s 11 million illegal immigrants “bode well for a productive, bipartisan debate.”read more >>

NRA fights campaign finance reform, disclosure

Sunlight Foundation Reporting Group by Nancy Watzman

On a March morning in 2002, the ink of President George W. Bush's signature on the McCain-Feingold campaign finance reform bill hardly had a chance to dry before the attorneys for the National Rifle Association filed the paperwork for a lawsuit challenging the constitutionality of the law.read more >>

Bill Would Tighten Some Montana Campaign Finance Laws

Missoulian State Bureau (2) Comments by

HELENA – No one showed up to oppose a bill Friday to tighten and make more specific some of Montana’s campaign finance laws after a federal judge struck down some of them as unconstitutionally vague last year.

At issue before the House State Administration Committee was House Bill 129 by Rep. Steve Gibson, R-East Helena.read more >>

Non-violent Felon Voting Rights Killed by House Panel

Richmond Times-Dispatch by Markus Schmidt

A House of Delegates subcommittee this morning effectively killed proposals to automatically restore the rights of nonviolent felons, something Gov. Bob McDonnell called for in his State of the Commonwealth address.

Attorney General Ken Cuccinelli and Secretary of the Commonwealth Janet Kelly testified in favor of the constitutional amendment, though Cuccinelli made clear his support for restoring voting and other rights was specific to nonviolent felons.read more >>

Alabama Backs County on Voting Rights Case

USA Today by Mary Orndorff Troyan

WASHINGTON — Alabama's practice of discriminating against minorities at the ballot box is a relic from a bygone era and the state no longer deserves to be punished for it, according to papers filed recently with the Supreme Court.

"Alabama has a new generation of leaders with no connection to the tragic events of 1965," the state's attorney general, Luther Strange, wrote in a brief filed last week. "The effects of those events on voting and political representation have now, thankfully, faded away."read more >>

Rhode Island Likely to Lose a House Seat

The New York Times by Katharine Q. Seelye

It may seem early to be thinking about the redistribution of House seats that will take place after the Census in 2020, but one state, Rhode Island, is being forced to because its population is declining.

The tiny state was already singled out a year ago as one likely to lose one of its two House seats in 2020 after the Census Bureau released its estimated population figures.

Now, there is further evidence that Rhode Island’s second seat could be on the chopping block.read more >>

The Toothless Watchdog FEC

The Washington Post by The Washington Post Editorial Board

IT IS HARD to identify a federal agency in Washington more dysfunctional than the Federal Election Commission. Terms have expired for five of the six commissioners, and by next spring, the entire commission will be a lame duck if nothing is done. The number of enforcement actions — at the core of the FEC’s mission — has fallen to an all-time low. Created in the aftermath of the Watergate scandal, the commission now behaves as an immobilized observer while campaigns are swamped with a tidal wave of hidden cash.read more >>

Divided House Passes Tax Deal in End to Latest Fiscal Standoff

The New York Times by Jennifer Steinhauer

WASHINGTON — Ending a climactic fiscal showdown in the final hours of the 112th Congress, the House late Tuesday passed and sent to President Obama legislation to avert big income tax increases on most Americans and prevent large cuts in spending for the Pentagon and other government programs.read more >>

A Constitutional Case Against Felony Disenfranchisement Laws

Colorlines.org by Brentin Mock

In the movie “Lincoln”, there’s a scene where “Radical” Republicans are debating Democrats in congressional chambers over whether to abolish slavery with a new constitutional amendment. A speaker from the Democratic Party, arguing against abolition, delivers a rousing speech about how Negroes shouldn’t be emancipated because of the slippery slope of freedom. Once Negroes have freedom, he argued, then they’ll want the right to vote—the prospect of which caused a riotous but bipartisan chorus of disagreement from most of Congress.read more >>

Lawmakers Try to Curb Anonymous Political Donations in California

Los Angeles Times by Michael J. Mishak

SACRAMENTO — State lawmakers are moving to curb anonymous political donations in California after a national election in which nonprofit groups secretly poured hundreds of millions of dollars into campaigns.

Legislators have proposed greater disclosure by donors, higher fines for violations and new powers for officials to investigate suspicious contributions to certain groups. Other measures would boost disclosure requirements for political advertising and campaign websites.read more >>

Florida Sen. Nelson: GOP Disenfranchised Voters

Associated Press by Larry Margasak

"Voters overwhelmingly recognize that in a society in which people must show photo ID to board a plane, they should have to show some form of ID to vote," he said. "Americans should not have to worry about their legitimate votes being diluted by those who cannot legally cast a ballot."

There were voting issues in November in numerous states.

Some Miami-Dade County, Fla., voters, in line at the 7 p.m. poll closing time, didn't cast their ballots until after 1 a.m. Democratic operatives brought pizza to keep them from leaving.read more >>

Former Governor Urges Congress to Consider New National Voting Standards

The Blog of Legal Times by Andrew Ramonas

Former Florida Governor Charles Crist Jr. on Wednesday urged Congress to consider new national standards to make voting easier and more accessible.read more >>

Cuomo Puts Campaign Finance on 2013 Agenda

The New York Times by Nicholas Confessore and Thomas Kaplan

Gov. Andrew M. Cuomo said on Tuesday that he would seek legislation to significantly expand New York’s regulation of political spending by corporations, individuals and tax-exempt groups during his third year in office.

Mr. Cuomo also said he would push to make the public financing of campaigns a part of any bill, but refused to say whether the absence of such a provision — long sought by liberal groups — would be a deal-breaker in any negotiations with Republicans in the State Senate, who have opposed public financing in the past.read more >>

Will Record Number of Women in Senate Mean Less Gridlock?

Last month, most of the 20 women who will serve in the Senate next year gathered in the Capitol for a meet-and-greet — and a show of strength.

Although it was a moment of celebration marking a historic number of women in the highest echelons of power, the confab produced another milestone: “For the first time, there was a traffic jam in the Senate women’s bathroom,” Sen. Amy Klobuchar (D-Minn.) later said — a comment that was widely reported.read more >>

U.S. Should Consider Automatic Voter Registration: Holder

Bloomberg News by Phil Mattingly

The U.S. should consider automatically registering eligible voters and extending voting hours to counter the November election’s long lines and administrative hurdles, Attorney General Eric Holder said.

Holder, speaking today at the John F. Kennedy Presidential Library in Boston, proposed expanding access for voters and overhauling a registration system he called “antiquated.”read more >>

Voting Problems Renew Efforts to Overhaul System

CQ Today by CQ Today

 Voting Problems Renew Efforts to Overhaul System * Election experts and activists are calling for an overhaul of the voting system after hours-long lines, machine malfunctions and other obstacles plagued polling places around the country last week and in some cases delayed the results of races for days.

Buoyed by President Barack Obama's promise to "fix" the system in his acceptance speech, interested parties are coalescing around a campaign to retool the registration and voting process to avoid a meltdown in tight contests down the road. read more >>

Mr. Cuomo’s Next Big Task

The New York Times by The New York Times Editorial Board

Here’s one way Gov. Andrew Cuomo can match the acclaim he achieved by getting same-sex marriage approved in New York State: persuade the State Legislature to make New York’s system of electing legislators the fairest and most transparent in the country.read more >>

Do We Still Need the Voting Rights Act?

The Daily Beast by Ben Jacobs

Sometime early next year, the Supreme Court is expected to invalidate Section 5 of the Voting Rights Act, the most powerful and effective tool that the United States government has to combat discriminatory election practices. The expected decision, in a case called Shelby County v. Holder is not being met with shock or outrage by legal academics, but rather a dismayed shrug.read more >>

A Vote for Reform

Cincinnati.com by Cincinnati Editorial Board

Thankfully, Ohio’s nightmare election scenario didn’t happen.

Ohio, THE critical swing state in the nation, got enough of its votes counted on election night that the fate of its 18 electoral votes was known by midnight. The rest of the nation did not need to wait in limbo for days or weeks to find out whom the next president would be.read more >>

Elections, Still Not Over in Arizona, a Hot Topic

The New York Times by Fernanda Santos

PARADISE VALLEY, Ariz. — The question of tipping the political scales in Arizona, like anyplace, is “purely mathematical,” Bruce Merrill said. More people voting for the other side matters only if enough of them vote to overcome the power of a loyal base of voters.read more >>

Super PACs Make Move to Lobbying

Roll Call by Eliza Newlin Carney

High-dollar super PACs and advocacy groups failed to score big wins in the recent elections, but they may have better luck with their next act: lobbying Capitol Hill. From anti-tax activists to environmental organizers, special interest players are pivoting to the policy arena and bringing their unrestricted super PACs with them. It’s a trend that worries campaign reform advocates, who warn that the Supreme Court’s 2010 Citizens United v. Federal Election Commission ruling may do more to distort policymaking than elections.read more >>

Beating Back the War on Judges

Slate by Bert Brandenburg

Tucked away in last Tuesday’s national election results was a bona fide mandate, on a scale that presidents can only dream of. Voters across the country rejected a multifront crusade to bully judges and politicize courtrooms. That doesn’t mean, though, that the war against the independent judiciary is over.read more >>

Arizona Still Counting Ballots Nearly A Week After Election

Talking Points Memo by Ryan J. Reilly

Hundreds of thousands of ballots have yet to be counted in Arizona nearly a week after Election Day, a majority of which appeared to come from Maricopa County.

Arizona Secretary of State Ken Bennett’s said Saturday that approximately 486,405 ballots still have to be counted across the state, representing more than a quarter of the 1.8 million votes cast. About 322,000 of those uncounted ballots came from Maricopa County, which includes Phoenix and many of its suburbs. The statewide total included 307,620 early ballots and 178,785 provisional ballots.read more >>

A Triumph for Women

Slate by Hanna Rosin

In the end, the women’s vote did not decisively hand Obama a win last night, as Nate Silver and the Obama campaign had been hinting in the days before the election. After all the wooing and pleading, the emails in the style of a pining ex-lover, the specially tailored “Julia” slideshows that served as the campaign equivalent of a mix tape, women gave Obama almost exactly what they gave him four years ago and—according to many exit polls—even a little less.read more >>

Obama Wins a Clear Victory, but Balance of Power Is Unchanged in Washington

The New York Times by Peter Baker

After $4 billion, two dozen presidential primary election days, a pair of national conventions, four general election debates, hundreds of Congressional contests and more television advertisements than anyone would ever want to watch, the two major political parties in America essentially fought to a standstill.read more >>

Turmoil Follows As Pennsylvania Voter ID Law Meets Reality

Talking Points Memo by Ryan J. Reilly

WASHINGTON — Voting and civil rights activists said Tuesday that Pennsylvania’s new voter ID law was causing mass confusion across the state as people tried to go to the polls.

Because of a judge’s ruling in October, the law attempted to walk a line by allowing poll workers to ask voters for photo identification while also giving voters a big loophole to cast a regular ballot without it.read more >>

Ohio’s Crucial Election Court Fights

The New Republic by Daniel Tokaji

If you believe in broadening the franchise in democracy for the many rather than the few, the complaints from people who spent a chunk of their weekend waiting at the polls are infuriating. Like this one from Myrna Peralta in the Miami Herald: "This is America, not a third-world country. They should have been prepared.” She spent almost two hours in line with her 4-year-old grandson before being shut out in Doral, Fla., the home of the election headquarters in ever-crucial Miami-Dade County.read more >>

Election Day Dispatches

Slate by Richard L. Hasen

ENTRY 5

Another Election Day with problems. It is the new normal, and on Election Day it is hard to assess how accurate the stories are. Already I’ve heard stories of voters in Ohio improperly being asked for ID, of votes flipping on electronic voting machines from Obama to Romney or vice versa, of Navy SEALs going to meet the Black Panthers at Philadelphia polling places, and of very long lines in parts of Miami and elsewhere. It will be a while before we can track down the truth of all of these rumors.read more >>

Why No One Should Have To Wait Two Hours To Vote

Slate by Emily Bazelon

If you believe in broadening the franchise in democracy for the many rather than the few, the complaints from people who spent a chunk of their weekend waiting at the polls are infuriating. Like this one from Myrna Peralta in the Miami Herald: "This is America, not a third-world country. They should have been prepared.” She spent almost two hours in line with her 4-year-old grandson before being shut out in Doral, Fla., the home of the election headquarters in ever-crucial Miami-Dade County.read more >>

Dark Money Donors Unmasked In California

Talking Points Memo by Eric Lach

In a move that cuts directly against the secretive nature of dark money political efforts, California’s campaign finance watchdog on Monday publicly released the names of the donors behind an Arizona group’s $11 million donation to ballot initiative efforts in the Golden State.read more >>

Voting Shouldn't Be So Hard!

The Huffington Post by Geri Mannion

Sitting in a Starbucks on Route 1 in Woodbridge, New Jersey, in the wake of Hurricane Sandy, I wondered why I didn't vote by mail -- a recent innovation in New Jersey that allows citizens to vote absentee without an excuse. Without power, cable or Internet access, how would I and millions of voters in Connecticut, New Jersey, New York and other affected states actually vote on Tuesday? This just reinforced my conviction that voting needs to become more accessible and more convenient, a major goal of Carnegie Corporation's U.S.read more >>

Polls Point to a Racially Polarized Electorate

Los Angeles Times by Hector Becerra

When election night is over, a strong majority of either whites or blacks and Latinos who cast ballots will be disappointed, according to numerous polls.

This year’s presidential election is shaping up to have possibly the nation’s most racially polarized electorate ever. More than three-quarters of blacks and Latinos support President Obama’s reelection. And a growing majority of whites are expected to vote for Mitt Romney.read more >>

Ohio's Provisional Ballot Order: The Biggest Legal Story of the Weekend

The Atlantic by Andrew Cohen

With just a few dozen hours left before polls open on Election Day, here is a candidate for the most important election-law story of the weekend -- a story likely to cross over into the general political debate Sunday through Monday. This early copy from the Associated Press offered a hint:
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Rules of the Game: Lessons Learned From First Post-Citizens United Presidential Race

Roll Call by Eliza Newlin Carney

With its unrestricted super PACs, wealthy mega-donors, secret money and more than $6 billion projected price tag, this election cycle boasts more unfettered campaign spending than any in recent memory.read more >>

Storm Brings Obstacles One Week Before Vote

The New York Times by Michael Cooper

Hurricane Sandy spurred Maryland to suspend its early voting program for a second day on Tuesday and forced the closing of some early voting sites in battleground states like North Carolina and Virginia. But the bigger question that many state and county elections officials in storm-battered states were asking themselves was how to get ready for Election Day next week.read more >>

The Danger of Voter Fraud Vigilantes

In 2008, Montana was the canary in the coal mine. About a month before the election, a local citizen named Jacob Eaton formally challenged Kevin Furey’s voter registration, swearing that he was no longer eligible to vote. Furey had asked the post office to change his address from Helena to Missoula. Eaton asked local election officials to take Furey off the Helena rolls.read more >>

An Electoral Tie Could Bind the Senate

Roll Call by Niels Lesniewski

One of Washington’s favorite parlor games is conjecturing about the remote possibility of an Electoral College tie. Prognosticators have come up with various maps and scenarios under which the election would result in a 269-269 deadlock, which would vest the responsibility of choosing the country’s leaders squarely in what polls say is one of the least popular institutions in the country — Congress.read more >>

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