It's Been a Pretty Great 36 Hours for Voting Rights Advocates

Hawaii update: HB 2590 still has to be signed by Governor Neil Abercrombie in order for it to become law. Voting rights advocates believe that he will approve the measure but will be working through the next week to ensure that he does.

PFAW has been keeping you informed about what has gone right for voting rights at the state level in 2014. In the last 36 hours alone, Hawaii, Minnesota, and Wisconsin have added new entries to the "win" column.

Thanks to the passage of HB 2590, Hawaii will likely have same-day registration for early voting in 2016 and add it for Election Day in 2018.

The measure (HB 2590) aims to encourage voting in a state where turnout is often dismal. Once the nation’s highest, Hawaii’s voter turnout cratered at 44.5 percent, the nation’s lowest, in the 2012 election, according to the U.S. Elections Project.

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“It’s about making elections relevant to the modern world,” Rep. Kaniela Ing, D-Kihei, Wailea, Makena, the bill’s introducer, said in a statement. “Today’s policy decisions will impact young people for decades to come, and it doesn’t make sense to exclude them because of arbitrary registration deadlines based on technological limitations that no longer exist.”

Hawaii Chief Elections Officer Scott Nago said in written testimony supporting the measure that any qualified person who wants to vote should be able to register and vote.

In Minnesota, after the online voter registration system launched by Sectary of State Mark Ritchie was forced to shut down, legislators acted quickly, and Governor Mark Dayton signed into law its replacement.

Gov. Mark Dayton signed the Minnesota Legislature’s revival of online voter registration on Tuesday, just one day after a judge had ordered the system shut down, ruling that Secretary of State Mark Ritchie overstepped his authority in creating it last year.

“I am very pleased that this bill passed with bipartisan support in both bodies, and I look forward to signing it into law today,” Dayton said in a statement, soon after the Minnesota Senate gave the measure final approval.

The quick action means that Minnesotans’ access to Web-based voter registration, which more than 3,600 voters have used since September, will continue unimpeded. With Dayton’s signature, Minnesota officially joins about half of the states in offering some form of voter registration online.

In Wisconsin, US District Judge Lynn Adelman ruled against the state's voter ID law, saying that "it is absolutely clear that Act 23 will prevent more legitimate votes from being cast than fraudulent votes."

From the American Civil Liberties Union:

"This law had robbed many Wisconsin citizens of their right to vote. Today, the court made it clear those discriminatory actions cannot stand," said Karyn Rotker, ACLU of Wisconsin senior staff attorney.

"This is a warning to other states that are trying to make it harder for citizens to vote,” said Dale Ho, director of the ACLU’s Voting Rights Project. “This decision put them on notice that they can't tamper with citizens' fundamental right to cast a ballot. The people, and our democracy, deserve and demand better."

We can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Voting Rights Advocates Rack Up More Wins

Earlier this month, PFAW reported on what has gone right for voting rights at the state level in 2014. While there is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack, states like Florida, Georgia, and North Carolina have shown that we can win.

Now we've uncovered even more evidence of why we can and should keep fighting the challenges that lay before us.

Voters themselves will get to decide what voter empowerment means in Illinois. House Speaker Michael Madigan's constitutional amendment providing "that no person shall be denied the right to register to vote or to cast a ballot in an election based on race, color, ethnicity, status as a member of a language minority, sex, sexual orientation, or income" passed both chambers and will be on the November ballot. A similar effort is afoot in Ohio.

Native American voters in Montana have seen two encouraging developments. In Jackson v. Wolf Point School District, an agreement was reached that will provide for five-single member school board districts in addition to one at-large representative, as opposed to the existing multimember districts that heavily favored the area's white population. Wandering Medicine v. McCullough, which challenges the availability of late registration and early voting for residents of the Crow, North Cheyenne, and Fort Belknap Reservations, will proceed following a failed motion to dismiss the case.

In Washoe County, Nevada, home to Reno and the state's second most populated county, voters have come to expect 14 consecutive early voting days. This year, though, county commissioners planned to eliminate the two optional Sundays that fall within that period. The American Civil Liberties Union and other allies organized quickly, sending a letter to Chairman David Humke and providing testimony at a commission meeting. Thankfully at that same meeting Chairman Humke announced that Sunday early voting was back on and warrants further study.

Tod Story, ACLU of Nevada Executive Director, said:

Early voting allows more people to participate in our democracy, and weekend voting is necessary for many hardworking Nevadans. Weekends are especially important days for voting drives, including for communities of faith

US District Judge Nelva Ramos told Texas legislators, much like US Magistrate Judge Joi Elizabeth Peake did in North Carolina, that their emails must be disclosed – albeit confidentially – in the ongoing Voting Rights Act challenge to the 2011 Texas voter ID law.

Huffington Post:

The United States argued that the emails could be the only existing candid evidence about the purpose of the legislation because Texas Republicans coordinated their talking points on the bill and refused to publicly engage with the concerns of minority legislators. If any of the emails reveal discriminatory intent, the U.S. will still have to argue to get them admitted as evidence during the trial phase of the lawsuit.

Finally, Utah is taking Election Day Registration for a test drive. Governor Gary Herbert has signed HB 156, which sets up an opt-in pilot program for counties and municipalities. The state will keep an eye on how they do and report back to the legislature for possible further action.

We can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Applying McCutcheon's Logic to Voter ID Laws

The Chief Justice's opinion in McCutcheon v. FEC striking down aggregate campaign contribution limits dismisses several scenarios put forward to describe how funds can be rerouted to bypass the existing base limits on contributions:

The dissent concludes by citing three briefs for the proposition that, even with the aggregate limits in place, individuals "have transferred large sums of money to specific candidates" in excess of the base limits. But the cited sources do not provide any real-world examples of circumvention of the base limits along the lines of the various hypotheticals.

The dearth of FEC prosecutions, according to the dissent, proves only that people are getting away with it. And the violations that surely must be out there elude detection "because in the real world, the methods of achieving circumvention are more subtle and more complex" than the hypothetical examples. This sort of speculation, however, cannot justify the substantial intrusion on First Amendment rights at issue in this case. (emphasis added)

Yet exactly this sort of speculation is routinely used by the far right to justify the substantial intrusion on the right to vote caused by strict photo ID laws. As Hans von Spakovsky and Peter McGinley recently wrote for the Heritage Foundation:

A favorite claim made by those who oppose voter ID is that voter fraud is a rare occurrence. On the surface, this argument may have some appeal, because it is not very often that huge voter fraud conspiracies dominate the national headlines. But, by its very nature, voter fraud is hard to detect.

Unfortunately, despite the absence of evidence of the in-person voter fraud they allegedly are intended to prevent, a number of voter ID laws have been upheld despite their obvious impact on the right to vote.

If only the courts were as solicitous of the right to vote in elections as they are of the right to purchase them. The "Money In / Voters Out" approach to elections has got to stop.

PFAW Foundation

Voting Rights – We Can Win

The New York Times and NPR recently shared somewhat different takes on where voting rights stand now and what the picture might look like come Election Day 2014.

It is true, as suggested by The Times:

Pivotal swing states under Republican control are embracing . . . bills, laws and administrative rules — some of them tried before — [that] shake up fundamental components of state election systems, including the days and times polls are open and the locations where people vote.

It's also true, as quoted by NPR from its interview with the Brennan Center's Myrna Pérez:

We've seen a lot of real momentum in 2014, thus far, towards improving our elections both at the states and nationally[.]

PFAW thought it would be good to take a step back and look at what has gone right at the state level in 2014 – and why we can and should keep fighting the challenges that lay before us.

Florida has an especially troublesome history with voter purges, but now the trouble is headed back toward the chief architects. On April 1, the United States Court of Appeals for the Eleventh Circuit found that Gov. Rick Scott’s voter purge of suspected non-citizens in 2012 violated the National Voter Registration Act (NVRA), because systematic removal programs are barred within 90 days of a federal election. This came just days after Secretary of State Ken Detzner did an about-face and called off his 2014 plans.

In the final hours of its legislative session, thanks to a flaw in the bill language, Georgia looked poised to take the early voting days for municipal elections down to ZERO. Because staunch advocates like the League of Women Voters closely monitored the bill and sprang into action when that fatal flaw was discovered, the session adjourned on March 20 with early voting intact. As the League's Kelli Persons noted:

The message here is that it's very important . . . to pay attention to what's happening at the local level[.]

Even in North Carolina, where the Moral Mondays movement began and challenges to voting reach far and wide, there's been a victory of sorts. On March 27, US Magistrate Judge Joi Elizabeth Peake ruled that lawmakers must release correspondence related to the formation of the state's new voter ID law, saying that though some records might be shielded, many are considered public. We need transparency as this case moves forward.

There is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack – but we can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Florida Puts Hold on Voter Purge, North Carolina Lifts the Veil on Voter ID Law

When we last checked in with the controversial Florida voter purge, advocates and media alike were speculating over what route Governor Rick Scott and Secretary of State Ken Detzner would take in 2014, with Detzner's office considering comparing its voter records with the US Department of Homeland Security's federal citizenship database known as Systematic Alien Verification for Entitlements (SAVE).

Now we know: the purge is off for 2014.

The about-face on Thursday by Secretary of State Ken Detzner resolves a standoff with county elections supervisors, who resisted the purge and were suspicious of its timing. It also had given rise to Democratic charges of voter suppression aimed at minorities, including Hispanics crucial to Scott’s reelection hopes.

Detzner told supervisors in a memo that the U.S. Department of Homeland Security is redesigning its SAVE database, and it won’t be finished until 2015, so purging efforts, known as Project Integrity, should not proceed.

“I have decided to postpone implementing Project Integrity until the federal SAVE program Phase Two is completed,” Detzner wrote.

As the Brennan Center reported in 2008, election officials across the country are routinely striking millions of voters from the rolls through a process that is shrouded in secrecy, prone to error, and vulnerable to manipulation.

Florida has an especially troublesome history with this practice, so voting rights advocates will have to keep a close eye on what shape it takes next year.

Also this week, in North Carolina US Magistrate Judge Joi Elizabeth Peake ruled that lawmakers must release correspondence related to the formation of the state's new voter ID law, saying that though some records might be shielded, many are considered public.

Dale Ho of the ACLU's Voting Rights Project:

North Carolinians have a right to know what motivated their lawmakers to make it harder for them to vote. Legislators should not be shrouding their intentions in secrecy.

Allison Riggs of the Southern Coalition for Social Justice:

Defendants have resisted at every turn disclosing information about their reasons for enacting this discriminatory law. Today's ruling will help ensure the court has a fuller picture of why the voting changes at stake are so bad for North Carolina voters.

In other voting rights news, Colorado considers recall election changes, Pennsylvania ID remains in legal limbo, and Wisconsin Governor Scott Walker approves (mostly) of the state's new voter suppression law.

Check out even more news from our friends at Fair Elections Legal Network.

PFAW

Urgent Action Needed on Georgia Early Voting Bill on Last Day of Legislative Session

Updated March 21: Georgia's legislative session closed without final action being taken on HB 891. According to Facing South, "House sponsors declined to take up a vote on the revised bill, and HB 891 was dead." The report quotes Kelli Persons of League of Women Voters of Georgia, "The message here is that it's very important . . . to pay attention to what's happening at the local level," in reference to the bill's impact on municipal early voting.

Earlier this month we told you about legislation in Georgia that would reduce the availability of early voting in municipal elections. While it was welcome news that the bill was amended to keep early voting at three weeks, requiring cities to pass their own legislation if they wanted to make further cuts, the League of Women Voters of Georgia is now reporting a flaw in the language that could take municipal early voting down to zero.

According to the League, it's time to act:

Please call, email, facebook/twitter & fax . . . Lt. Governor Cagle and Senate members,

And tell them to protect early voting and STOP HB 891 or FIX HB 891 before allowing a vote. It is a discredit to democracy to ask our Senators to vote on a flawed bill!

There is an "agreement" to correct the error before HB 891 is signed into law, but it should be fixed now – or stopped. Timing is especially critical as today, March 20, is the last day of Georgia's legislative session.

In other voting rights news, a federal judge has ruled in the Arizona-Kansas proof of citizenship case, early voting expansion suffers a setback in Louisiana, Virginia voter ID implementation moves forward – ahead of schedule, and Wisconsin Democrats and Republicans alike are speaking out against voter suppression.

Check out even more news from our friends at Fair Elections Legal Network.

PFAW

Florida Senate Committee Takes Up Voting Rights Bill

At the same time pro-democracy advocates in Wisconsin were speaking out against their state's latest suppressive legislation yesterday, the Senate Ethics and Elections Committee in Florida also had election reform on the agenda.

SPB 7068 – which cleared a procedural hurdle on March 10 and is expected to come back before the Committee later this month – addresses a number of issues, including the use of certain drop-off locations for the submission of absentee ballots. Last year, Secretary of State Ken Detzner issued a directive against the use of some drop-off sites, such as tax collector offices and county library branches, despite their use in Pinellas County since 2008.

Pinellas County Supervisor of Elections Deborah Clark:

I do not understand why the secretary of state, the chief elections official for the state of Florida, would want to eliminate an option that voters have to participate by returning their ballot to the ballot dropoff locations.

Even US Senator Bill Nelson has joined the absentee ballot fray, telling Committee Chairman Jack Latvala:

The last thing Floridians need are laws that make it harder for them to exercise their right to vote.

Chairman Latvala hit back, claiming that Supervisor Clark needs to focus more on early voting and less on absentee ballots.

In other voting rights news, Minnesota moves closer to resolving its turf war over online voter registration, and Ohio considers putting voters' rights on the November ballot.

Check out even more news from our friends at Fair Elections Legal Network.

PFAW

AAMIA member and United Clergy of Greater Cleveland protest early voting cutbacks

Ohioans are continuing their stand against recent cuts to early voting, including in Cuyahoga County, where yesterday Reverend Dr. Tony Minor, of People For the American Way's African American Ministers in Action, stood with United Clergy of Greater Cleveland to protest in front of the Board of Elections.

Sunday early voting has been especially important to "Souls to the Polls" programs through which churches organize their congregations to turn out and vote early.

In other voting rights news, Florida and Wisconsin both have electoral reform on the legislative agenda. Check out even more news from our friends at Fair Elections Legal Network.

PFAW

Voting Rights News – 3/6/14

Ohio, a perennial hotbed of voter suppression activity, has been in the news recently for its brand new restrictive voting laws and its cuts to early voting. But Ohio is not the only state with voting rights issues on the agenda.

Here are a few others that you should know about.

Arizona – The SB 1062 veto was not the only action that Governor Jan Brewer took last week. She signed legislation repealing HB 2305, a 2013 law whose suppressive provisions affected infrequent voters wishing to remain on the permanent early voting rolls; community groups trying to get out the vote; third-party candidates and voter initiatives trying to get on the ballot; and more. While it's good news that this law is no longer on the books, some have expressed concern about robbing the people of the final decision.

Georgia – Early voting in municipal elections could be cut even further if HB 891, which has already passed through the Georgia House, is signed into law. In 2011, the available early voting period dropped from forty-five days to twenty-one days, and the new proposal would narrow it to just six days. It would also prevent municipalities from adding their own evening and weekend hours. While a House amendment made some changes, opposition is still clear among advocacy groups, and it remains to be seen what will happen in the Senate.

Michigan – Good news in the Great Lakes State: Flint legislators Woodrow Stanley (House) and Jim Anancich (Senate) are asking for a hearing on no-excuse absentee voting.

North Carolina – As litigation challenging last year's law moves forward, its suppressive impacts are becoming even clearer. While the law reduces early voting days, Governor Pat McCrory had said that it doesn't actually cut early voting because it keeps the same number of available hours on the books. Well, one-third of counties now have the go-ahead to make those additional cuts during the upcoming May primary. And Appalachian State University looks like it will once again be without its own early voting site.

Wisconsin – The NAACP/Voces de la Frontera and League of Women Voters cases challenging the state's photo ID law were heard by the state Supreme Court last week, and a ruling is expected by the end of June. Separate federal challenges to the law were heard in November; their rulings could come any day.

PFAW will continue its work on behalf of a 'Voters In' vision to enact needed reforms and will step up and counter threats when the right to vote is under attack.

Looking for even more news? Check out our friends at the Fair Elections Legal Network.

PFAW

Assault On Voting by Ohio GOP Ahead of November 2014 Elections

Ohio Republican legislators are up to their voter suppression tricks again, trying to limit absentee ballot registrations and restricting voting hours ahead of the November 2014 elections. The Columbus Dispatch reported Friday that GOP Rep. Mike Dovilla, Chairman of the Ohio House Policy and Legislative Oversight Committee, said the committee will vote on Senate Bill 205 and Senate Bill 238 as early as Tuesday.  If passed out of Dovilla’s committee, it could be off to the full House for a floor debate on Wednesday.

SB 205 would ban county clerks from mass mailing absentee ballot applications to all voters, holding that duty only for OH Secretary of State Jon Husted, who has proven in the past that he will restrict voting access almost every chance he gets.

SB 238 would achieve one of Husted’s anti-voter policy agenda items by limiting early voting days, effectively eliminating Ohioans’ ability to register and vote on the same day anywhere in the state.

These legislative moves come just days after the news broke that Hamilton County officials might relocate Cincinnati’s largest early voting location to a new, much less accessible location.  That decision met with considerable push-back from voting rights activists and the media, resulting in a deadlock vote from the Board of Elections. The final decision now also goes to Secretary Husted to decide, effectively putting the power to restrict access to early voting in Cincinnati’s largest city in his hands.

If you are from Ohio, call your Representative now and tell them to protect your early voting rights by voting ‘NO’ on SB 205 and SB 238. You can find your Representative’s contact information here: http://www.ohiohouse.gov/members/member-directory. Once you have talked to your Representative, drop us an email at political@pfaw.org to let us know what they said.  We’ll keep tabs on the situation and update you on voter suppression efforts in Ohio – and across the country – on the PFAW blog.

PFAW