Category Archives: election administration

“Colo. voter citizenship checks yield few responses”

AP:

The latest round of letters questioning the citizenship of some Colorado registered voters has 63 out of 298 people affirming their right to vote, and most recipients are ignoring the May letters altogether.

The letters are part of an ongoing effort by Republican Secretary of State Scott Gessler to address what he says is a risk for voter fraud. Gessler’s office provided the latest numbers to The Associated Press this week. Another 15 people who received letters last month said they weren’t U.S. citizens and asked to be removed from voter rolls.

 

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“Denver grand jury: Secretary of State Scott Gessler won’t face criminal charges”

Denver Post:

A Denver grand jury ruled Wednesday that Secretary of State Scott Gessler did not violate the law when he used his office’s discretionary fund to pay about $1,300 to attend the Republican National Lawyers Association meeting in Sarasota in August.

However, the panel rebuked Gessler for using state money on the trip, and the secretary’s subsequent trip to the Republican National Convention in Tampa.

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Lawyers’ Committee Offers Bauer-Ginsberg Commission Extensive Recommendations to Improve Elections

See here.

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“New ‘Effective Democracy’ Series Starts With Look at Early, Absentee Voting in Minnesota”

A ChapinBlog.

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“Did Scalia add ‘virus’ to Arizona voting opinion?”

Zack Roth writes.

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Why Would the Court’s Liberals Go Along with Justice Scalia’s Time Bombs in Arizona Elections Case?

In Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, 61 Emory Law Journal 779 (2012), I discuss different methods Justices use to move the law in their preferred direction aside from getting a majority to agree with a direct holding. One of the most important is the “time bomb.”  As I explained:

Justices are sometimes more subtle than they are with invitations[ to litigants to ask the Court to overrule past precedent]. I became familiar with the “time bombs” concept from Seth Stern and Steve Wermiel’s fascinating 2010 biography of Justice Brennan. Discussing Justice O’Connor’s reluctance to join one of Justice Brennan’s opinions, the authors wrote, “O’Connor had taken to heart [Justice] Powell’s warnings that Brennan planted ‘time bombs’ in his opinions. She had learned to watch for those seemingly offhand, throwaway phrases that he exploited in later cases.

Yesterday’s opinion in Arizona v. Inter-Tribal Council is full of time bombs from Justice Scalia. Not only does he explain how Arizona might go to court to get an order compelling the FEC to alter the federal form to conform with the state’s citizenship requirements, he also draws a broad distinction between federal power to set the manner of elections and its lack of power to prescribe voter qualifications.  (This was the main point of my Daily Beast piece yesterday, as well as Marty Lederman’s SCOTUSBlog post and much in line with Lyle Denniston’s analysis.) Justice Scalia’s footnote all but burying a key part of Oregon v. Mitchell on the right of Congress to require states to allow 18 year olds to vote in federal elections is sure to give states new powers to challenge federal voting rules.  He suggests that arguments such as Arizona’s should be recast as challenges to registration rules and that they may have much greater success.

It is true that all of the Scalia language in yesterday’s opinion (on pages 13-17) is full of “might” and “could” language—most of it is dicta. Justice Alito notes those facts in the dissent. But this is scary stuff for those who worry about some states cutting back on voting rights. So the mystery to me is: why would the liberals on the Court go along with all this?  Why not just join Justice Scalia’s opinion in part?  After all, as a former clerk to Justice O’Connor emailed me, it looks like Justice Scalia is trying to provide a roadmap for states to implement voter id laws over federal objection.

Without inside knowledge from the Court, the answer is unclear. Here are a few possibilities, though I would be open to hearing others:

(1) The liberals were thrilled to get an opinion from Justice Scalia with a very muscular reading of Congress’s Elections Clause power.  That battle is won, and other fights over qualifications and state challenges to federal voting rules can wait the next day.  Note in Marty’s revised post comments from Rick Pildes emphasizing the importance of the win in yesterday’s case.

(2) The liberals agree with Justice Scalia on the dicta on pages 13-17, and they think these issues are better left to the states. (That seems unlikely to me, given divides in cases like Crawford).

(3) As Marty suggests in his post, there’s a larger end game here involving Shelby County, and reliance on the Elections Clause in that case to uphold section 5 of the Voting Rights Act.

I’m open to other ideas.

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“BREAKING: Morgan sentenced to year in prison”

South Bend Tribune: “The former chairman of the St. Joseph County Democratic Party will serve one year in prison for his role in a scheme to forge signatures onto petitions that qualified Democratic candidates for the state’s 2008 primary election.”

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“Online ballot fraud marks the ‘e-boletera era of Miami politics’”

Must-read Miami Herald.

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“2012 State Elections Snapshots”

Great Pew data and graphics (they look like report cards to me).

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“NJ court: Special US Senate election in Oct. OK”

AP:

A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate’s oldest member, who died last week at age 89.

I have posted the opinion here.

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Quote of the Day

“It doesn’t matter who wins. It matters that they win by a lot.”

–Retiring Clark County (Nev.) Clerk Larry Lomax, in a must-read “first person” profile in ElectionLine Weekly, offering his version of the Election Administrator’s prayer.

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“Federal election reform commission to hold hearing in Miami”

The Miami Herald reports.

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“Are States Delaying Voter ID Enactment to Duck Federal Racial Review?”

Brentin Mock reports.

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“Revive the Election Assistance Commission”

J. Ray Kennedy writes.

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“Senators Boxer, Coons, Warner, Nelson Urge Presidential Election Commission to Take Steps to Reduce Voting Wait Times”

See this press release.

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“In California, State Budget Decisions Mean Empty Pockets for Local Election Officials”

A ChapinBlog.

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“House Democrats, Senate Republicans far apart – for now – on voter ID reforms”

The latest from NH.

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“Florida ‘Phantom Ballots’ Point to Congressional Campaign”

A ChapinBlog.

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“Lawmakers are negotiating a possible deal on election law changes”

The latest from Wisconsin.

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“First Public Meeting of Presidential Commission on Election Administration Set”

See this media advisory.  See also this meeting notice.

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“Group ‘deeply disturbed’ over possible voter prosecution”

Cincinnati Enquirer:

The League of Women Voters of Ohio is “deeply disturbed” by the possible prosecution of 39 Hamilton County voters.In an open letter sent to election officials, LWVO President Nancy Brown said the citizens involved in 39 cases of possible voter fraud acted in line with Ohio’s election law.

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“Reflections from a Stormy Election Day in Ohio”

Adam Ambrogi: “Election Day, Cleveland, Ohio 2004.  I participated in an election observation trip for the newly established U.S. Election Assistance Commission, travelling around Cuyahoga County, Ohio, from dawn until dusk.  The goal was to observe as many different kinds of polling places as possible—more than a dozen locations that spanned Cleveland’s diverse neighborhoods.”

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“Joe Garcia’s Ballot Scandal”

Miami Herald Ed Board seems skeptical of Rep. Garcia’s claims of innocence.

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“Guest Post: Mobile QBs Challenge Defenses AND Voter Rolls”

Steve Kolbert:

Just over a year ago, the Washington Redskins drafted quarterback sensation Robert Griffin III (or “RGIII” to his fans). In that year, the star player has become a Washington-area sports and pop culture phenomenon for his on-the-field ability and his off-the-field character. He has even become the subject of two memes, further fueling his ascension from football phenom to pop culture icon.

But RGIII also did something this past year that even non-superstars do – he moved.

Moving is a fact of modern life, and a real concern for election administrators. Every election cycle, election officials face a flood of voters who, after initially registering, move to a new address without updating their registration. With few exceptions, voters may only vote if they are registered at their current address, so these voters are in danger of being turned away from the polls. Their right to vote depends on the flexibility of their state’s law.

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“Secretary of State Ritchie won’t run again”

Star Tribune:

Minnesota Secretary of State Mark Ritchie decided that eight years of long hours, accusations of stolen elections and the occasional death threat was enough. On Tuesday the Minneapolis DFLer announced he will step down at the end of next year, setting off an immediate scramble for an office that both Democrats and Republicans are eager to control.

 

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Critics Say New Wisconsin Elections Bill Constitutes a “War on Democracy”

See here.

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“Why New Jersey is holding a Wednesday election”

WaPo reports.  Why Tuesday? asks Why Wednesday?

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“Simultaneous Elections in New Jersey; This fall, New Jersey voters will need to navigate a confusing calendar of deadlines and voting periods”

Matt Weil of Bipartisan Policy Center:

Elections do not just happen on Election Day. While procedures vary from state to state, every election cycle includes at least the start of absentee voting, the voter registration deadline, the absentee ballot request deadline, Election Day, post-election canvassing and auditing, and the certification of the election.

When multiple elections hit near the same time—as will happen in New Jersey this fall following Governor Chris Christie’s decision to hold an October special election to fill the U.S. Senate seat left vacant following the passing of long time Senator Frank Lautenberg—the result can be a lot of voter confusion and administrative difficulties.

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“Voter ID, shorter absentee balloting proposed”

The latest from Wisconsin.

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“Rokita Helps Pass Bill to End Wasteful Election Assistance Commission”

Press release:

Rokita Helps Pass Bill to End Wasteful Election Assistance Commission

Committee Also Holds Hearing on Rokita-sponsored Bill to Ensure Accuracy of Voter Lists

 

(Washington, D.C.) – U.S. Rep. Todd Rokita, a member of the House Committee on Administration, released the following statement today following the passage of H.R. 1994, a bill to terminate the Election Assistance Commission (EAC).

“During my service as Indiana’s Secretary of State, we reformed and streamlined our electoral system with the goal of more fair and accurate elections. We built Indiana’s statewide voter file, installed new voting equipment, and made voting more convenient by harnessing technology so that voting centers could be used if counties chose to do so. We also led an innovative effort to expand online voter registration. This was completed on time, under budget, and we only had to build it once. I am well aware of the great work along similar lines in many other states, and today’s vote is a continuation of that effort.

“The EAC is an outdated program that no longer provides value to taxpayers.  And unfortunately, the attitude demonstrated by this small agency is indicative of the problems we’re seeing across all agencies – that somehow, overseers in Washington, D.C., ought to be telling state and local officials how to do their jobs better. It is one more example of an overreaching, wasteful government program that must be cut if we’re going to get serious about our debt crisis and hold the federal government accountable to the Constitution,” said Rokita.

The Elections Assistance Commission (EAC) was created by the Help America Vote Act (HAVA) to help states replace old punch card and lever voting systems, and to implement statewide registration databases. When the Commission was created, it was only authorized for three years, yet more than five years later, with its mission largely complete, the EAC continues.

Election experts across the country, including the National Association of Secretaries of State, an organization that Rokita formerly served as president, have supported ending the EAC.

You can view Rokita’s remarks at the hearing regarding the effectiveness of the EAC, or the entire hearing, here.  Rokita’s first exchange begins at 54:23.

The committee also discussed the Voter Registration Efficiency Act, a bill sponsored by Rokita and Chairman Candice Miller, to require new state residents applying for a driver’s license to notify the state if they intend to use their new residency for the purpose of voting.  If so, the legislation then requires the new state to notify the previous state of residence so its chief election official can update voter lists accordingly. This legislation was introduced last year as the Voter Registration Integrity Act.

Additional legislation passed by the committee today would reform or eliminate the Presidential Election Campaign Fund.

H.R. 94, Sponsored by Rep. Tom Cole, R-Okla., would prohibit taxpayer funds collected through the Presidential Election Campaign Fund from being used for national party conventions.  Last year, the RNC and DNC received $36 million for their conventions. However, a review of the 2008 convention expenditures showed that these funds were used for floral arrangements, gift bags, live music and makeup consultants.

H.R. 95, Sponsored by Rep. Tom Cole, R-Okla., would eliminate the Presidential Election Campaign Fund altogether, returning the Fund’s remaining balance of $260 million back to the U.S. Treasury for deficit reduction.  The program, intended to instill greater public confidence in presidential election campaigns, has lost the support of taxpayers and candidates alike.  According to the Federal Election Commission, the percentage of participating taxpayers dropped from 29% in 1980 to approximately 5% in 2012.  Major candidates started refusing the funds back in 2000, and President Obama entirely opted out the program in 2008 and 2012, refusing funds for both the primary and general elections.

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“Secretary of State Ritchie Announces He Will Not Seek Third Term”

News from Minnesota.

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“More voting cases go to prosecutor”

The latest from Hamilton County, OH.

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“Reform Groups Call on House Administration Committee to Reject Efforts to Repeal Presidential Public Financing, Election Assistance Commission”

See this letter.

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“Some used P.O. box as address: Is that vote fraud?”

The Cincinnati Enquirer reports.

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“Top Dem: Husted decision could ‘scare the hell’ out of voters”

The Cincinnati Enquirer reports.

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“Opinion: Don’t punish voters’ confusion”

Mike Brickner oped in Cincinnati Enquirer.

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“Online Voter Registration”

New report from Project Vote.

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“WI Appellate Judge Upholds WI Voter ID, But Indicates Another Challenge Could be Successful”

See here.

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Wisconsin Appellate Court Rejects Challenge to Wisconsin Voter ID Law

Via the Milwaukee Journal Sentinel comes this ruling of the Wisconsin Court of Appeals.

This is far from the end of the line. This case can be appealed to the state Supreme Court; there is also a separate case (as the Court of Appeals acknowledges) raising separate issues. Further, the Court of Appeals leaves open the possibility of an additional challenge based upon some factfinding of the burdens of the Wisconsin law in a new case.

Nonetheless, as I write in this forthcoming piece in the GW Law Review 2012 election law symposium, I expect that both the Wisconsin and Pennsylvania voter id laws will likely be in place for the 2014 and 2016 elections.

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“New Data on State Legislative Polarization – What Does it Mean for Election Policy?”

Doug Chapin blogs on Shor and McCarty’s new data.

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“New York City Wants to Revive Old Voting Machines”

NYT reports.  Lots of nostalgia for these machines among Ne York—but it is really time to move on and for NY to adopt some more reliable voting technology and actually be able to pull off a run-off election without dusting off these old machines.

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“War on Democracy in Wisconsin: Bill Would Enact Voter ID, End Disclosure, Limit Early Voting, Expand Lobbyist Influence”

Brendan Fischer blogs.

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“GOP lawmaker pushes new voter ID legislation to address court concerns”

Gannett: “One of the chief authors of Wisconsin’s voter photo identification plan is shopping around a new bill designed to allay legal concerns that the requirements are too burdensome by letting poor people opt out.”

 

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“Poll worker convicted of voting fraud”

Cincinnati Enquirer:

A former Hamilton County poll worker was convicted Tuesday of illegal voting and could go to prison for up to six years for it.

Melowese Richardson, 58, of Madisonville pleaded no contest to four counts of illegal voting – including voting three times for a relative who has been in a coma since 2003 – in exchange for prosecutors dropping four other illegal voting charges. Common Pleas Court Judge Robert Ruehlman immediately convicted her, making her a felon.

A poll worker from 1998 until being fired this year, Richardson admitted she voted illegally in the 2008, 2011 and 2012 elections.

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“Ohio moves to comply with 20-year-old federal law on voter information”

The Cleveland Plain Dealer reports.

Doug Chapin comments.

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“Congressmen Propose The Mother Of All Voting Rights Protections”

TPM:

A pair of Democratic congressmen is pushing an amendment that would place an affirmative right to vote in the U.S. Constitution. According to Rep. Mark Pocan (D-WI), who is sponsoring the legislation along with Rep. Keith Ellison (D-MN), the amendment would protect voters from what he described as a “systematic” push to “restrict voting access” through voter ID laws, shorter early voting deadlines, and other measures that are being proposed in many states.

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Two from Texas Tribune

House Approves Changes to Ballot Harvesting Bill

Perry Vetoes “Dark Money” Bill

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“Judge dismisses charges against GOP election chief”

This is a new one for me:

A state Supreme Court justice in Westchester County has dismissed a charge of contempt that had been leveled against the Republican commissioner of the Dutchess County Board of Elections by his Democratic counterpart.

In an order signed Wednesday, Judge Robert DiBella ruled Erik Haight’s decision to have a stack of voter registration forms investigated by the Dutchess County Sheriff’s Office did not violate a previous legal agreement that requires both commissioners to act together on elections-related matters.

The charge of contempt was brought by Democratic Commissioner Fran Knapp. She contended that by calling the Sheriff’s Office without consulting her, Haight was in contempt of the court-ordered agreement.

DiBella ruled that because the agreement did not expressly prohibit either commissioner from unilaterally calling police to investigate a stack of possibly altered forms, neither civil nor criminal contempt apply.

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“Interstate vote fraud: 2-state cases attract limelight; Secretary of State says it’s ‘not an epidemic’”

The Cincinnati Enquirer reports.

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“Heavy Lifting: San Francisco’s Voter Guide is One for the Books”

A ChapinBlog.

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