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Patrick Leahy and This Year's Success on Judges

This year's great success on judicial nominations owes a great deal to Sen. Patrick Leahy.
PFAW

PFAW Member Telebriefing: What We Can Expect From the Right in 2015

On Friday PFAW members and activists joined senior staff on a telebriefing about the types of priorities and tactics we can expect to see from the Right in the coming year. PFAW Communications Director Drew Courtney kicked off the call with a description of the political landscape in the wake of the midterm elections, where right-wing politicians are “now holding the levers of power in critical decision-making roles.”

Executive Vice President Marge Baker discussed the “CRomnibus” spending bill, saying that the antics we have seen during the lame duck are a microcosm of what we’re going to see in the new Congress. She noted that the harmful special interest riders snuck into the bill, such as the Wall Street giveaway and the raising of limits on contributions to political parties, are examples of the kind of “strong-arming techniques” we are likely to continue to see going forward.

Senior Fellow Peter Montgomery also joined the call, noting that the Right has a sizable agenda for the new year — one that begins with right-wing activists’ hatred of President Obama. This agenda, he said, includes repealing Obamacare, impeaching the president, resisting “to the bitter end” the advancement of marriage equality, and fighting anti-discrimination laws. Montgomery noted that in the coming year, we can expect to see GOP politicians making their already-close ties with Religious Right figures even closer.

Regional Political Coordinator Scott Foval discussed the Right’s political work at the state level. He highlighted Michigan’s state house, where in only the past couple of weeks both a “right to discriminate” bill and an electoral college-rigging bill have been moving through the legislature. Foval pointed out that this type of legislation may surface in other states across the country. The coming year will provide many opportunities for PFAW members to get involved at the state level as citizen lobbyists, he said.

Speakers underscored that the answers to all of the issues PFAW members raised on the call — from the damaging spending bill riders, to the influence of the right-wing American Legislative Exchange Council (ALEC) at the state and local level, to the disturbing revelations from the recently-released torture report — is to organize and advocate for the values we believe in.

You can listen to the full telebriefing here:

PFAW

Vivek Murthy’s Confirmation as Surgeon General is a Loss for the NRA, a Victory for Common Sense

Last night, after months of delay, the Senate voted to confirm Dr. Vivek Murthy as the new U.S. surgeon general.

Dr. Murthy's confirmation was strenuously opposed by the National Rifle Association and its allies in Congress, due to his belief that guns and gun violence are a public health concern. Murthy, an experienced and highly qualified physician who teaches at Harvard Medical School, has expressed support for limited, common-sense reforms regarding assault weapons, mandatory safety training and ammunition.

Murthy's confirmation is a victory for public health and common sense, and a loss for one of America's most influential special interest groups, the NRA.

PFAW

Wall Street Giveaway in Spending Bill is Big Money Political Influence at its Worst

It’s hard to know where to begin when running down the list of harmful special interest giveaways in the omnibus spending bill narrowly passed by the House yesterday. Earlier this week, we wrote about a rider in the bill that would allow the amount of money rich donors can give to political parties to skyrocket. The legislation moving through Congress also includes a provision that would have the effect of allowing mountaintop mining companies to keep filling Appalachian streams with toxic waste. Yet another rider is a “Wall Street giveaway,” actually drafted by Citigroup’s lobbyists, that would repeal a piece of financial regulation and let banks take part in more kinds of high-risk trading deals with government backed money.

Sen. Elizabeth Warren railed against the Wall Street rider on the Senate floor:

[Americans] see a Congress that works just fine for the big guys, but it won’t lift a finger to help them. If big companies can deploy armies of lawyers and lobbyists to get the Congress to vote for special deals that benefit themselves, then we will simply confirm the view of the American people that the system is rigged.

It is, as Sen. Warren says, hard not to think that “the system is rigged” when members of Congress use a spending bill to sneak through major policy shifts that benefit wealthy political donors, Wall Street executives, and big businesses, while leaving the majority of Americans with an even weaker political voice.

This is especially true when you consider that those who voted for the rider-filled spending deal were, by and large, the members who received bigger contributions from the benefitting industries. The Washington Post compared the House spending bill votes with Center for Responsive Politics data on campaign contributions to each representative from the finance, insurance, and real estate industries. What they found is disheartening, but not surprising:

On average, members of Congress who voted yes received $322,000 from those industries. Those who voted no? $162,000.

And that doesn’t even take into account the dark money whose source is unknown to the public (but likely known by the officials who benefit from it).

It’s one more example of the influence that money can buy in our current system, where big gifts from corporate spenders pave the way for corporate political victories. When Wall Street lobbyists can literally write the laws they want, no matter the impact on ordinary Americans, it’s clear that we need serious reform to the rules governing money in politics.
 

PFAW

Twelve More Judges to Go

The Senate should not leave town before confirming all the pending judicial nominees, including the three cleared by committee yesterday.
PFAW

Proposed Spending Bill Would Let Wealthy Political Donors Give Even More

Just what our country needs after the most expensive midterms in history: a bill that lets big political donors spend even more money.

The government spending bill released by the House last night includes a rider that would drastically increase the amount of money the super-rich can give to national party committees. The language included in the spending deal would allow wealthy donors to give ten times the current limit to political parties.

Adam Smith at Public Campaign put the potential new limits into perspective in a powerful graphic:

With the new annual individual party limit expected to be more than six times the median household income, it’s clear that this shift is simply about handing the wealthiest political donors even more power and access. A tiny fraction of the country already dominates political spending; these changes would make it even harder for ordinary Americans to have a seat at the table.

What’s more, these provisions, which would have major implications for the health of our democratic process, were not even debated by Congress. They were simply snuck into an omnibus spending bill – a quiet attack that threatens to further undermine what’s left of our country’s common-sense rules limiting big money in politics.

After the midterm elections, exit polls found that nearly two-thirds of voters said that our system already favors the wealthy. Americans are ready for a government that works for everyone. But it looks like what we’re getting instead are Congressional leaders increasing committed to big money donors at the expense of everyone else.

PFAW

Soon-To-Be Senate Majority Leader McConnell Tests the Waters on Further Gutting Campaign Finance Laws

Sen. Mitch McConnell (R-KY), who is poised to become the new Senate Majority Leader when Republicans take over the Senate in January, is well known for his opposition to limits on big money in politics – whether through his unabashed support for the disastrous Citizens United ruling or his filibusters to prevent Senate votes on laws requiring more campaign finance disclosure. Now, before he even becomes Majority Leader, McConnell has already tried to further dismantle commonsense rules on money in elections.

McConnell attempted to add a rider to an omnibus appropriations bill – which must pass in order to prevent another government shutdown – that would “effectively chip away at direct contribution limits for candidates.” After opposition from sitting Senate Majority Leader Harry Reid (D-NV) and Rules Committee Chairman Charles Schumer (D-NY), Senator McConnell has backed off his proposal for now. Nonetheless, the writing is on the wall. McConnell wants to further deregulate the spending of private money in political campaigns.

Under current law, contributions to candidates in a two-year cycle are limited to $5,200 per donor. Donors can also give $20,000 to state party committees and more than $60,000 to national party committees. Currently candidates are limited in their ability to coordinate spending with the party committees that support them. If passed, McConnell’s measure would have effectively allowed party committees to fully coordinate with candidates in spending campaign funds.

While Senate Democrats rejected the rider, Sen. McConnell’s actions clearly show his intentions to further roll back existing campaign finance laws and threaten efforts to limit big money in politics when Republicans take charge of the Senate in January. This is likely a preview of what’s in store for us in the coming years.

PFAW

Republicans Revive Bold Scheme to Rig Presidential Elections

This was originally published at The Huffington Post.

After Republicans failed to capture the White House in 2012, they dusted off a tried-and-true plan to improve their future electoral prospects. No, they wouldn't moderate their views or expand their appeal to win votes. They would just change the way that the votes are counted!

The plan: to rig the electoral college with the ultimate goal of squeaking out a Republican presidential win, even in an increasingly challenging electoral landscape.

Here's how it was supposed to work.

Before the 2010 election, Republican strategists focused energy and resources on gaining control of state legislatures, and succeeded in flipping party control of legislative chambers in blue states including Pennsylvania, Michigan and Wisconsin. This allowed Republican legislatures to draw congressional districts, gerrymandering their states to ensure future Republican gains even in states where Democrats tend to win statewide.

GOP strategists then took it a step further. What if Republicans used their control over these blue states and their favorably gerrymandered electoral maps to make it harder for Democrats to win presidential elections?

Under the Constitution, each state determines how it will distribute its electoral votes to presidential candidates. All but two states (Maine and Nebraska) have a "winner take all" system, in which the winner of the state's popular vote earns all of its electoral votes. The Republican plan would keep the "winner take all" system in big, solidly red states like Texas. But it would change it in big, blue states like Pennsylvania and Michigan, ensuring that a Democratic candidate who wins the popular vote in the state doesn't go home with all of its electoral votes.

For instance, under the plan originally proposed in Pennsylvania after the 2012 election, which would have divided the state's electoral votes up by gerrymandered congressional districts, Mitt Romney would have won 13 of the state's 20 electoral votes, despite having lost the state's popular vote. Last year, the Republican-controlled state house in the presidential swing state of Virginia put forward a plan to do something similar. If the Virginia plan had been in effect in 2012, Mitt Romney would have carried away nine of the state's 13 electoral vote, despite having lost the state's popular vote to Barack Obama.

Republican National Committee chairman Reince Priebus made the goal of the scheme clear when he endorsed it last year, saying, "I think it's something that a lot of states that have been consistently blue that are fully controlled red ought to be looking at."

The proposals in Pennsylvania and Virginia sank after groups like People For the American Way got out the word and residents realized the proposals were part of a blatant political ploy. But this month, the scheme was resurrected in Michigan, where a Republican state lawmaker is proposing his own plan to dilute the power of his state's reliably Democratic electoral college block. Under the plan introduced by Rep. Pete Lund, Michigan's electoral votes would be distributed according to a formula tied to the popular vote. It's not as blatant as the original Pennsylvania and Virginia proposals were, but it has the same goal: If it had been in effect in the last presidential election, it would have cut President Obama's electoral total in Michigan down to 12 from 16.

These plans can initially seem reasonable, even to progressives, many of whom are wary of the electoral college system. But this isn't a good-government plan to change the way our presidential elections are conducted. It's a targeted plot to get more electoral votes for Republicans, even when they're losing the popular vote. It's no coincidence that these plans have often been quietly introduced in lame duck sessions, when voters are paying less attention. These measures, if allowed to be passed quickly in a few states with little debate and attention, could have national implications and change American political history.

Voters should be allowed to pick their politicians. But this is yet another case of politicians trying to pick their voters. Like with voter suppression schemes and extreme gerrymandering, the GOP is trying to change the rules of the game for their own benefit. Voters can't let them get away with it.

PFAW

WATCH: New Video Highlights GOP’s Absurdly Offensive Remarks About Immigrants

From accusing them of carrying head lices, scabies and other diseases across the border to saying they should be tracked like  “FedEx packages,” Congressional Republicans held nothing back in attacking immigrants on the campaign trail this year. Their remarks were a continuation of a long history of outrageous, offensive and dehumanizing rhetoric from Republican lawmakers about immigrants.

So ahead of President Obama’s immigration reform announcement tonight, American Bridge and People For the American Way released a new video calling out Republicans for their extremist remarks against immigrants and immigration reform. While the President’s executive order will probably affect only some of the millions of undocumented immigrants living in the U.S., it seems likely we will hear more of the same from the Right Wing in the coming months.

PFAW

Ted Cruz Vows to Damage Texas Courts in Response to Obama's Immigration Action

Ted Cruz urges a retaliatory freeze on all confirmations next year, which would cause particular damage to courts in his own state.
PFAW

Reid: We Cannot Leave Without Confirming Nominees

The Senate needs to vote on numerous judicial and executive nominations before the end of the lame duck session.
PFAW

PFAW Delivers 50,000 Petitions Against Electoral College Rigging in Michigan

If you don’t like the outcome, change the rules of the game? Not so fast, PFAW members in Michigan told their elected officials today.

This afternoon PFAW delivered approximately 50,000 petitions against electoral college rigging to a meeting of the Michigan House Committee on Elections and Ethics. The proposed bill (HB 5974) would change Michigan’s process for distributing electoral votes from a winner-take-all system — the standard process in states across the nation — to a system that would split the state’s electoral votes, effectively rewriting the rules to help the GOP presidential candidate. This is a continuation of an effort we saw after the 2012 election in some traditionally blue presidential election states where Republicans control the state government. Not surprisingly, Republicans in states like Texas (38 electoral votes) are not seeking a similar change.

One representative from Grand Rapids told the Associated Press that he believes the public will see this partisan ploy “for what it is… a brazen attempt to rig the political system.”

As many Republican legislators across the country continue to support proposals making it harder for people who traditionally vote Democrat to cast a ballot, this latest push to rig elections in the GOP’s favor may come as no surprise.

But PFAW Regional Political Coordinator Scott Foval, who joined 34 Michigan PFAW members today at a meeting of the state’s House Committee on Elections and Ethics, said that Michiganders won’t stand by while the Republican Party tries to manipulate the election process. “The people are watching, and will hold you as elected representatives accountable for enacting purely partisan and undemocratic legislation,” said Foval.

PFAW

Small Businesses Support ‘Major Changes’ to Campaign Finance Laws

Small business owners are in favor of reforming our current campaign finance system, according to a new opinion poll from the Small Business Majority. In a nationwide survey last month, 77 percent of small business employers said that “big businesses have a significant impact on government decisions and the political process,” and nearly as many (72 percent) said they believe major changes are necessary to reform campaign finance laws. Only four percent of respondents said they believe no changes are necessary.

Yesterday Sam Becker from the Wall Street Cheat Sheet highlighted the conclusions of the survey:

[T]here is significant concern about the political and economic landscape, and the growing influence of corporate power on the parts of small business owners. With nearly three-quarters of small businesses saying they feel that they are at a disadvantage because of corporate influence in politics, it lends extra credence to the notion that our election process — which typically tends to cater heavily to the small business crowd — is in need of some serious reforms.

This is a good reminder that when enormously powerful corporate interests claim to speak for “the business community,” they are not necessarily speaking for the small businesses that play such an important role in our economy and in our communities. The results of this survey underscore the idea that campaign finance reform enjoys broad support among Americans of diverse professions and backgrounds. Religious organizations, labor unions, and business associations – in addition to many groups in the progressive nonprofit community –  are mobilizing around solutions to big money in politics. These solutions include transparency in political donations and public financing of elections, as well as a constitutional amendment to overturn Supreme Court decisions such as Citizens United v. FEC, which opened the floodgates to unlimited corporate spending in politics.

PFAW

Lame Duck Session Confirmations: PFAW Member Telebriefing

As Congress returns for the lame duck session after the midterm elections, People For the American Way hosted a member telebriefing on Monday on the critical work that needs to be completed this session to fill court vacancies. The call was kicked off by PFAW Director of Communications Drew Courtney who underscored the significant number of judicial and executive nominations the Senate faces, including President Obama’s new Attorney General nominee, Loretta Lynch.

PFAW members were joined on the call by Josh Hsu, Senior Counsel on the Senate Judiciary Committee, who shared Committee Chairman Sen. Patrick Leahy’s commitment to moving forward on nominees through the lame duck session. He pointed out that much of the GOP obstruction of judicial nominees occurs under the public radar, but it has an enormous impact.  If the judicial nominees who can be confirmed by year’s end are stalled instead, that will create a substantial and needless backlog in the next Congress that will delay judicial nominees down the line. 

Hsu also gave his thoughts on how Republican control of the Senate may impact judicial nominations. Hsu pointed out that the three most recent two-term presidents all faced opposition Congresses in the final two years of their presidencies, but all continued to move forward on many nominations.

PFAW Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon emphasized the importance of local activists keeping up the momentum around judicial nominations, both during the lame duck and over the next two years. Gordon called on PFAW activists to continue contacting their senators and writing to their local papers. When senators hear from constituents on an issue or see articles written in their local newspaper, Gordon said, they pay attention. Grassroots activism is critical to making sure senators get the message on the importance of the courts, and of confirming nominees before the end of the year.

You can listen to the full audio of the telebriefing here:

PFAW

Welcome Back, Senate, It's Time to Get to Work

There is more than enough time during the lame duck to confirm President Obama's nominees.
PFAW

PFAW Activists Protest Kentucky’s Marriage Equality Ban

People For the American Way joined local activists at a park in downtown Louisville on Friday to protest Kentucky's ban on marriage equality for same-sex couples. 

The "Love Will Win" rally came in response to last week's federal appeals court decision that upheld laws against same-sex marriage in Kentucky, Michigan, Ohio and Tennessee. Currently the Commonwealth doesn't even have to recognize same-sex marriages performed legally in other states.

Protesters are hopeful this setback will pave the way for a Supreme Court reversal, bringing marriage equality to the South and the rest of the nation.

Chris Hartman, director of the Fairness Campaign, said that he’s disappointed by the decision but pleased by the prospects of getting a case in front of the U.S. Supreme Court.

"I think we all knew the sixth circuit was going to rule against LGBT freedom to marry,” Hartman said. “The sixth circuit is the most overturned circuit at the Supreme Court in the entire nation."

Thus far, 32 states and the District of Columbia have legalized same-sex marriage.

PFAW

Citizens United President Claims Decision “Leveled the Playing Field”

Today Right Wing Watch reported on Citizens United president David Bossie bragging that the Supreme Court decision bearing the organization’s name “leveled the playing field, and we’re very proud of the impact that had in last night’s election.”

It’s pretty hard to figure how Citizens United, the 2010 decision that opened the floodgates for unlimited outside political spending, could be understood to have “leveled the playing field.” As outside spending has skyrocketed in the years since that disastrous decision, it has become increasingly hard to hear the voices of everyday Americans over the roar of big money. Far from leveling the field, decisions like Citizens United have drastically tilted the field even more toward wealthy special interests and away from ordinary people.

But Bossie is right about one thing: Citizens United certainly had a big impact on the 2014 midterms. In an election where Republicans beat Democrats across the board, the millions spent by conservative outside groups “dwarfed” that spent by liberal groups, Politico’s Kenneth Vogel noted today. “Establishment Republican money finally got what it paid for,” he wrote.

That Bossie is proud of the decision’s impact on an election expected to go down as the most expensive midterm in history reveals a very different agenda behind the conservative organization’s work. Hint: it’s not about a level playing field.
 

PFAW

Kobach's New Rules Block 20 Percent Of Kansas Voter Registration Applications

In the run-up to the first general election in which Kansans have been required to provide one of a narrow set of “proof of citizenship” documents in order to register to vote, nearly 20 percent of voter registration applications in the state have been rejected or suspended, according to a Kansas political science professor.

University of Kansas professor Patrick Miller told Kansas City’s NPR affiliate last week that a large percentage of these suspended or rejected registrations are from independents, “essentially making the electorate more Republican”:

An even larger group than those who have had ID problems at the polls are those voters who haven’t yet proven U.S. citizenship, another provision of the new law. There are 22,468 voters whose registrations are suspended because they are lacking citizenship documentation, according to the Secretary of State’s office. That’s larger than the population of Prairie Village, a Kansas City suburb.

“This is a big change for Kansas. In 2010, we only rejected .03 percent of voter registration applications,” said Patrick Miller, a University of Kansas assistant political science professor. “Whereas in 2014, we’ve suspended or rejected almost 20 percent. That’s a massive increase.”

Of the nearly 22,468 suspended registrations, 18 percent are Democrats, nearly 23 percent are Republicans and a whopping 57 percent are independents, or unaffiliated. The new law has effectively made the electorate more partisan, Miller said.

“It’s filtering out independents, the swing voters, making proportionately the electorate more Democratic, more Republican,” Miller said. “In Kansas, the effect of this is essentially making the electorate more Republican, given that Republicans have a registration advantage here.”

The new Kansas law was championed by Republican Secretary of State Kris Kobach, who has also been in charge of implementing it. Kobach is facing his own tough reelection battle this year thanks in part to the mess created by his new voting restrictions.

Cross-posted from Right Wing Watch.

PFAW

Voting For The Future Of Voting: Secretary of State Races To Watch

This post originally appeared on Right Wing Watch.

One influential issue at the ballot box this year is the future of how we cast our ballots. In secretary of state races throughout the country, voters will be choosing who runs their elections — and how open those elections are to all voters.

As Republican lawmakers continue to enact news laws aimed at curtailing the rights of voters, secretary of state elections have taken on renewed importance.

We’ve picked three key secretary of state races that we’ll be watching closely Tuesday and added a few more influential races that are also worth keeping an eye on. (And this isn’t even counting states like Florida and Pennsylvania, where the secretary of state is picked by the governor, leaving the gubernatorial elections will have even stronger voting rights implications.)

Kansas

Perhaps the hardest-fought and most-watched secretary of state race this year is taking place in the heavily Republican Kansas. And that’s all because of the national profile and extreme agenda of one man: incumbent Secretary of State Kris Kobach.

When Kobach won his job in 2010, he was already a national figure. After a stint in the Bush Justice Department, Kobach joined the Immigration Reform Law Institute (IRLI) — the legal arm of the nativist anti-immigrant group FAIR — where he worked with lawmakers to craft harsh anti-immigrant measures throughout the country, including Hazleton, Pennsylvania, and Arizona, where he helped write the infamous “show me your papers” law SB 1070. After a failed run for Congress in 2004, Kobach set his sights on his state’s elections office.

Kobach has recently gained a prominent place in national Republican politics, serving as an immigration policy adviser to Mitt Romney and working to insert anti-gay and anti-immigrant language into the 2012 GOP platform.

Kobach won his position handily in 2010, but is facing an unexpectedly tough fight to hold onto it. Part of the reason is because he’s kept up his out-of-state anti-immigrant work: He still holds a position at IRLI and jets around the country advising states and localities that have agreed to be his policy guinea pigs, prompting his critics to complain that he’s not spending enough time in Kansas. And part of it is because he’s brought his activism home, using his platform in Kansas to push some of the most extreme voting restrictions in the country by hyping fears that undocumented immigrants are voting en masse in Kansas.

In 2011, at Kobach’s urging, Kansas passed a restrictive voter ID law that included a requirement that those registering to vote provide a passport, birth certificate, or similar “proof of citizenship" to elections authorities. The proof-of-citizenship provision, which took effect this year, has thrown Kansas voter registration into chaos. Less than one week before the election, 22,394 potential Kansas voters are unable to cast ballots because they had not provided an acceptable form of citizenship documentation. In addition, Kobach has placed an estimated 300-400 voters in a special voting rights “tier” in which they can vote only in federal elections and not in state elections. Kobach has proudly reported that of the 200 people who were placed in this special class of disenfranchised voters in this summer's primary election, only one bothered to show up to cast a half vote.

Kobach is also at the helm of Interstate Crosscheck, a faulty program that claims to identify people who are voting in two states at once but in reality has encouraged states to purge eligible minority voters from their voter rolls.

Kansans became even more leery of Kobach’s priorities this year when he spent $34,000 in taxpayer money trying to keep a Democratic senate candidate, Chad Taylor, on the ballot after he dropped out to make way for the independent challenging Republican Sen. Pat Roberts. Kobach only relented when the state supreme court ordered him to, and even then he tried (unsuccessfully) to find a way around the order.

A recent poll shows Kobach tied with his Democratic challenger, Jean Schodorf.

Ohio

In the presidential swing state of Ohio, the secretary of state is often in the center of national battles over voting rights. Republican John Husted has been no exception.

In the lead-up to the 2012 election, Husted stepped in to break tie votes in Democratic-leaning Ohio counties, allowing those counties to eliminate night and weekend early voting hours... even as Republican-leaning counties expanded their early voting hours. In response to a national outcry, Husted enforced “uniformity” by requiring all counties to bring early voting opportunities down to the lowest common denominator, including cutting off night and weekend voting and eliminating early voting in the three days before the election. When a federal judge ordered Husted to reopen voting in the three days before the election, he flatly refused to comply, saying it would “confuse voters.” Eventually he relented, but as the election approached he appealed the ruling all the way to the Supreme Court.

Since the 2012 election, Husted has kept up his efforts to restrict early voting in 2014, fighting to eliminate the so-called “Golden Week” of early voting — in which voters can register and cast their ballots in one visit — and to cut early voting hours, including on Sundays, a time frequently used by African American churches for get-out-the-vote efforts.

Husted faces a Democrat state Sen. Nina Turner, a major critic of his record on voting rights. Although the two were neck-and-neck in an early poll, a recent poll shows Husted with a significant lead.

Arizona

Before Kansas ushered in its restrictive “proof of citizenship” law, Arizona was already fighting for a similar measure. In 2004, Arizona voters passed Proposition 200, a medley of anti-immigrant and voter suppression measures including a requirement that those registering to vote present one of a narrow set of documents to prove that they are citizens. The Supreme Court struck down the provision in 2013, saying that it was preempted by federal law — but left a loophole, suggesting that Arizona could sue the federal Election Assistance Commission to require that federal voter registration forms used in the state include the extra “proof of citizenship” requirement. So Arizona did just that, joined by Kansas under Kobach.

That case is still working its way through the courts, but it’s left a peculiar situation in Kansas and Arizona where Kobach and his Arizona counterpart Secretary of State Ken Bennett have set up dual-track voting systems in their states in which people who register to vote with a federal form but do not provide additional citizenship documents are allowed to vote in federal elections, but not in state elections. As we noted above, of about 200 Kansans on the special limited-rights voting track in this year’s primary election, just one voted. In Arizona, about 1,500 were put on the limited track, and 21 cast ballots.

Bennett isn’t up for reelection this year — he unsuccessfully sought the Republican nomination for governor — but the race to succeed him will determine the future implementation of Arizona’s restrictive requirements. Republican Michele Reagan sought and won Kobach’s endorsement, boasting that she voted for the infamous anti-immigrant bill that Kobach helped bring to Arizona. In the state senate, Reagan wrote a bill that, among other voting restrictions, would prevent community groups from collecting and delivering mail-in ballots, a method commonly used in voting drives by Latino groups. When an effort to repeal the bill by referendum started to gain steam, Reagan and her fellow Republicans worked to repeal it first, thus allowing the state legislature to bring back parts of the bill in a piecemeal fashion.

Reagan is facing off against Democrat Terry Goddard, a former state attorney general and mayor of Phoenix. Both candidates have said they want tighter disclosure requirements for “dark money” spending by outside groups. But when the Koch-backed 60 Plus Association bought $304,000 in ads attacking Goddard last week, she refused to distance herself from the dark money effort.

Reagan also struggled this week to explain her vote for Arizona’s so-called “birther bill,” which would have required presidential candidates to prove to the secretary of state that they are native-born American citizens.

Other States To Watch: Colorado, New Mexico, Arkansas, Iowa

In Colorado, Republican Secretary of State Scott Gessler — a key Kobach ally and crusader against the supposed scourge of Democratic “organized voter fraud” who last year tried to stop county clerks from sending ballots to voters who had not voted in the the last election — is stepping down this year, having tried and failed to get his party’s gubernatorial nomination. In the race to replace him are Republican El Paso County Clerk Wayne Williams, described by the Denver Post as Gessler’s “lone public ally” among clerks in the ballot controversy, and Democratic attorney Joe Neguse. The two differ on the sweeping elections overhaul Colorado passed last year, which allows same-day voter registration and requires the state to mail a ballot to every voter.

New Mexico’s secretary of state race has incumbent Republican Dianna Duran pitted against Bernalillo County Clerk Maggie Toulouse Oliver, a rising Democratic star. Toulouse Oliver is emphasizing “full participation across a wide spectrum of the electorate” in her campaign, while Durran is accusing her of using “community-organizer, consultant-styled rhetoric.” In a TV ad that doubles as a promotion for right-wing myths about widespread voter fraud, Durran accuses Toulous Oliver of “registering a dog to vote.” In reality, a right-wing activist tried to register his dog to try to prove a point; he was caught and Toulouse Oliver referred his case to the proper authorities.

Earlier this month, the Arkansas Supreme Court struck down the state’s voter ID requirement, a ruling that Secretary of State Mark Martin is vowing to fight. As the case worked its way through the courts, Arkansas voters got conflicting messages from elections officials under Martin’s leadership. He faces a challenge from Democrat Susan Inman.

In Iowa, outgoing Secretary of State Matt Schultz spent $150,000 in taxpayer money in a quest to root out voter fraud in Iowa…and found none. He also conducted a voter roll purge that critics called an attempt to  intimidate Latino voters.” The race to succeed him — between Republican voter ID supporter Paul Pate and Democrat Brad Anderson — is locked in a dead heat.

PFAW