How the VRA dodged a bullet

Jeffrey Rosen writes in The New Republic about the NAMUDNO case: And then, there was last term’s voting-rights case, in which Roberts wrote an 8-1 decision rejecting a broad constitutional challenge to the Voting Rights Act and instead deciding the case on technical grounds. For those who wanted to believe that Roberts was a genuine conciliator, this was a powerful piece of evidence. Like others, I praised his performance in the case as an act of judicial statesmanship.

But, in retrospect, the ruling may have been less statesmanlike than it appeared. According to a source who was briefed on the deliberations in the case, Anthony Kennedy was initially ready to join Roberts and the other conservatives in issuing a sweeping 5-4 decision, striking down the Voting Rights Act on constitutional grounds. But the four liberal justices threatened to write a strong dissent that would have accused the majority of misconstruing landmark precedents about congressional power. What happened next is unclear, but the most likely possibilities are either that Kennedy got cold feet or that Roberts backed down. The Voting Rights Act survived, but what looked from the outside like an act of judicial statesmanship by Roberts may have in fact been a strategic retreat. Moreover, rather than following the principled alternative suggested by David Souter at the oral argument--holding that the people who were challenging the Voting Rights Act had no standing to bring the lawsuit--Roberts opted to rewrite the statute in a way that Congress never intended. That way, Roberts was still able to express his constitutional doubts about the law-as well as his doubts about landmark Supreme Court precedents from the civil rights era, which he mischaracterized and seemed ready to overrule.
-- Read the whole article --> Roberts Versus Roberts | The New Republic

Alabama: 50 years later, Alabama State University rights a wrong

The Montgomery Advertiser reports: Nine Alabama State University students expelled 50 years ago for taking part in a sit-in at a segregated lunchroom were "reinstated" Thursday.

ASU President William Harris, invoking the authority of his office, said later that it was the first step in seeing that the nine are awarded degrees at this spring's commencement program.

"I do, today, repeal the arbitrary, illegal and intrusive involvement of the governor of Alabama into the educational activities of ASU and hereby return the nine expelled students to their academic status as of the day of the forced expulsion," Harris said.

That day was exactly half a century ago -- Feb. 25, 1960 -- when ASU's president at the time, Harper Councill Trenholm, expelled the students under pressure from then-Gov. John Patterson and the Alabama Board of Education. -- Read the whole story --> ASU reinstates 1960 sit-in participants | montgomeryadvertiser.com | Montgomery Advertiser

5 national party committees sued for return of Allen Stanford contributions

Peter Overby reports on All Things Considered: A court-appointed officer in Dallas has sued national party committees, both Democratic and Republican, to recover campaign contributions from indicted financier R. Allen Stanford. The money at stake totals $1.6 million.

The officer, known as a receiver, says the money belongs to investors who were allegedly defrauded by Stanford. The disgraced financier is accused of using their money in a Ponzi scheme instead of investing it. ...

The SEC froze Stanford's assets a year ago, well before the Justice Department indicted him. The SEC also asked the federal district court in Dallas to appoint the receiver, who's responsible for recovering other money that Stanford had thrown around in his high-flying lifestyle. -- Read or listen to the whole story --> Courts Seek To Recover Stanford's Political Pledges : NPR

Voting Section seeks civil rights analysts

The Voting Section has posted ads seeking to fill a total of up to 14 civil rights analyst positions to review voting changes under the preclearance provisions of Section 5 of the Voting Rights Act.

There are four ads - two are open to all citizens and two are “status eligible” ads. Two ads require proficiency in one of several languages, while the other two ads state a preference, but not a requirement, for such language proficiency.

The ads describe the procedures for applying. Ad 1 Ad 2 Ad 3 Ad 4

Alabama: soon to be easier for overseas voters to vote

The Montgomery Advertiser reports: A new law that would expand voting options for military members and citizens living or working overseas is moving through the Alabama Legisla­ture.

The bill, HB 30, has been unanimously approved by the Senate Constitution, Campaign Finance, Ethics and Elections Committee and read for the sec­ond time in the Senate.

The bill is now pending a third reading and final passage in the Senate. The bill cleared the House in January with a 96-0 vote. ...

The bill would allow service members to file requests for ab­sentee ballots by e-mail or fax. Currently, the requests must be made by U.S. Postal Service. It also would allow for the ballots to be sent to the service mem­bers by e-mail or fax, as well as U.S. Postal Service. -- Read the whole story --> New bill would expand absentee voting options | montgomeryadvertiser.com | Montgomery Advertiser

Invitation from the Legal Defense Fund

In commemoration of the 45th Anniversary of "Bloody Sunday" and the enactment of the Voting Rights Act, please join us in Selma on Friday, March 5th for an important discussion about what's at stake in the upcoming 2010 Census and the continuing need for the protections of the Voting Rights Act.

An informational flyer about the panels is attached. The event is free and open to the public.

Alabama: grand jury indicts candidate for late campaign disclosure and false statement on form

The Daily Home reports: City Schools Board Member Troy ?Skip? Smithwick was indicted on two counts relating to campaign contributions by a Talladega County Grand Jury.

A spokesperson for the Talladega County Sheriff?s Department said Smithwick was charged on Friday and released on a $5,000 bond. The two charges were failure to file annual reports and improper reporting of contributions.

Both charges are Class B misdemeanors under state law.

The indictment stems from an investigation into contribution forms submitted by Smithwick during a 2008 campaign. That year, he ran in the Republican primary for the District 3 State School Board seat.

Under state law, all candidates are required to submit their annual contribution reports no later than Jan. 31 of the following year. Smithwick?s final report was dated as received Oct. 6, 2009, by the Secretary of State. -- Read the whole story --> The Daily Home - Grand jury indicts BOE member Misdemeanor charges stem from failure to file campaign forms

Justice Department announces job opening for Voting Section Chief

In addition to the trial attorneys and deputy chief, DOJ is now seeking a Chief of the Voting Section. Go to USAJOBS - Search Jobs

Alabama: Autauga Co. registrars fighting each other

The Prattville Progress reports: Three high-ranking members of Alabama Secretary of State Beth Chapman's office arrived in Prattville Thursday morning to conduct a basic training session for members of the Autauga County Board of Registrars. ...

Jean Brown, Chapman's chief legal advisor; Ed Packard, her supervisor of voter registration, and Adam Thompson, the secretary of state's director for the federal Help America Vote Act, remained calm as accusations flew back and forth between registrars Bobby Wise, Joan Hamburger and Keith Kuzma, the board's chair.

The major bone of contention was a growing stack of voter application forms that have not been processed, and the inability of Wise and Hamburger to gain access to the office's street files, which dictate in which geographic district each voter is to be registered.

Kuzma, who was appointed by the county commission in October 2008 as manager of the street files, filed last week an "informal complaint" against his fellow registrars for their refusal to process applications until they were granted access to the information for which Kuzma was ultimately responsible. -- Read the whole story --> montgomeryadvertiser.com :: Accusations fly during training session

Voting Section seeks experienced attorneys [updated]

The U.S. Department of Justice, Civil Rights Division is seeking a Deputy Chief in the Voting Section and up to 10 experienced attorneys for the position of Trial Attorney in the Voting Section in Washington, D.C.

The Civil Rights Division is primarily responsible for enforcing federal statutes and executive orders that prohibit, among other things, unlawful discrimination in voting, education, employment, housing, police services, public accommodations and facilities, and federally funded and conducted programs. The Voting Section enforces federal statutes designed to safeguard the right to vote. These statutes include the Voting Rights Act, as amended; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act.

More details --> [for the Trial Attorney jobs] USAJOBS - Trial Attorney

[for the Deputy Chief job] USAJOBS - Deputy Chief

Citizens United v. FEC

The Supreme Court has overturned the prohibition on corporate money in campaigns, holding that corporations have the same First Amendment rights as people do. They did not strike down the requirement of reporting those contributions.

The opinions in the case run 176 pages. It will take a while to digest it all. In the meanwhile, the opinion is here: http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf, in case you want to read it yourself.

Alabama: Parker Griffith will not return pre-election campaign donations

The Huntsville Times reports: U.S. Rep Parker Griffith neglected to mention the fine print attached to his seemingly broad offer to refund campaign contributions.

Griffith, who switched from the Democratic to the Republican party Dec. 22, initially said he'd return the campaign cash of disappointed supporters. The next day he excluded money spent on his behalf by the Democratic Congressional Campaign Committee.

But this week many supporters who asked for their money back were surprised to be turned away with a form e-mail, which says that the money given in 2008 has long since been spent. There could be no refund. - Read the whole story at --> Griffith won't return some donations - al.com

Alabama House committee reviews 4 election bills today

Four bills are up for hearing today in the Alabama House Committee on Constitution and Elections:

HB 30 -- Elections, overseas absentee voting, Electronic Overseas Voting Advisory Committee, established to advise whether secure electronic means of voting available, duties of absentee election manager, overseas voter certificate required, Secretary of State to implement rules

HB 85 -- Campaign contributions, PAC to PAC transfers, prohibited, Sec. 17-5-15 am'd.

HB 129 -- Electioneering communications and paid political advertising, disclosure of source of funding required, exceptions, contributions by political committees further provided for, Secs. 17-5-2, 17-5-8, 17-5-12 am'd.; Act 2009-751, 2009 Reg. Sess. am'd.

HB 145 -- Elections, write-in candidates, registration with judge of probate or Secretary of State prior to election required, compliance with Fair Campaign Practices Act and State Ethics Law required, Sec. 17-6-28 am'd

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Alabama Democrats open qualifying this Saturday

From a press release of the Alabama Democratic Party: The State Democratic Executive Committee of Alabama will meet at 11:00 AM on Saturday, January 16 in the Main Hall of Montgomery's RSA Commerce Center, 401 Adams Ave., to pass a resolution officially opening the qualifying period for the June 1, 2010 Democratic Primary. Members of the media, candidates, and the public are welcome to attend. The qualifying period is set to close at 5:00 PM on April 2, 2010 at the Alabama Democratic Party headquarters in Montgomery. ...

Though qualifying has not yet opened, a slate of impressive candidates from across the state have already been gearing up for a spirited primary season. An unofficial list of candidates who have expressed their intent to run is available at the Party website (www.aladems.org) under the Directory for 'Candidates'. The Party will update that list as candidates officially qualify for office.

Voting Right Section: Chris Coates leaves

The American Prospect has an article online, The Battle for Voting Rights, that makes me a little uneasy.

I'll wait while you go read it.

I know and have worked with several of the people mentioned in the article. I first met Chris Coates when he was at the ACLU Voting Rights Project. Gilda Daniels worked for me at the Lawyers' Committee. Chris Herren worked for me before he went to law school. I worked with John Tanner for years when he was at the Voting Section and I was in private practice or at the Lawyers' Committee.

I can't pretend to have any inside knowledge of this story. I view it simply as an outsider who is very interested in the work of the Voting Rights Section. I feel I should say something like the neighbors always say when someone is arrested for a crime. "He seemed like a nice man."

But as for the work of the Voting Section, it must get back on track to protecting the voting rights of Americans. I hope and pray that Chris Herren can guide it properly.

Alabama; 2 GOP reps to introduce bills to reform campaign finance

The Huntsville Times reports: Campaign reporting by public officials included in package

Two area Republican legislators said Wednesday they will sponsor a package of bills in the 2010 session aimed at raising the bar of transparency in state government and elections, and among public officials. ...

The bills included in the package would: ...

Ban transfers among political action committees and also among principal campaign committees.

Require campaign finance reports filed with the secretary of state to include the occupation and employer of donors giving $100 or more to a campaign.

Require last-minute campaign contributions be electronically filed with the secretary of state's office for public disclosure immediately before an election. The legislation would also require all campaign and PAC reports to be included in a searchable database available to the public via the Internet. ...

Ban candidates who fail to file campaign finance reports from seeking office again. -- Read the whole article --> Orr, Ball to sponsor reform bills - al.com

California: somehow pols are evading the campaign finance laws. Who'd a thunk it?

From a press release of the Center for Governmental Studies: Loopholes, Tricks and End Runs: Evasions of Campaign Finance Laws, and a Model Law to Block Them, a new report issued today by the Center for Governmental Studies (CGS), concludes that while many campaign finance reforms have taken some of the negative influences of money out of electoral and governmental processes, they have been undermined by “loopholes” in existing laws that have allowed candidates and elected officials to raise money far in excess of existing contribution limits.

Loopholes, Tricks and End Runs describes “legal defense funds,” “charitable fundraising,” “political party fundraising,” “reimbursed travel,” “candidate-controlled ballot measure committees” and other devices that politicians use to collect large, and often undisclosed, payments from moneyed donors. The report recommends a comprehensive a model law to plug these loopholes and control the flow of money into politics.

Current campaign finance laws assume that these types of payments to candidates and elected officials are substantively different from the money politicians receive through regulated campaign committees, that they don’t unduly influence their recipients, and that they can be made in addition to the limits placed on normal campaign contributions.

ACORN has not broken federal laws, House Judiciary Committee says

Politico reports: A Congressional Research Service report commissioned by the House Judiciary Committee says ACORN hasn?t violated any federal regulations the last five years.

The report, released by Judiciary Chairman John Conyers? (D-Mich.) staff Tuesday evening, also reports that the undercover filmmakers that allegedly caught employees of the Association of Community Organizations for Reform Now breaking the law may have violated state law in their filming operation.

Separately Tuesday, a New York federal judge rejected a motion from the Justice Department to reconsider a decision that ruled a bill that stopped funding for ACORN as an unconstitutional bill of attainder.

The CRS report is part of a slew of government inquests into the group, which was swept up in a number of embarrassing situations in the last several months. The Government Accountability Office recently opened its own report and Republican Reps. Darrell Issa of California and Steve King of Iowa have led the charge in demanding more investigations and hearings into the group. -- Read the whole report --> CRS report: ACORN didn't break law - - POLITICO.com

GAO releases report on DOJ under Bush

The Government Accountability Office has released a 180-page report on the enforcement efforts of the Justice Department during fiscal years 2001-07. The summary on the Voting Section says:

From fiscal years 2001 through 2007, the Voting Section was responsible for enforcing federal statutes that protect the voting rights of racial and language minorities, disabled and illiterate persons, and overseas and military personnel. During the 7-year period, the Section initiated more matters (367 of 442) and cases (39 of 56) under the Voting Rights Act than the other statutes it enforced, and primarily on behalf of language minority groups (246 of 367 matters and 30 of 56 cases). According to aggregate time data for the 7-year period, the Voting Section spent the greatest total percentage of time (52 percent) on administrative reviews of proposed changes in the voting practices and procedures of certain jurisdictions covered under section 5 of the VRA, such as a proposed redistricting plan––which would make changes to the geographic boundaries of voting districts––or the relocation of a polling place, as compared with cases (33 percent) or matters (14 percent).

Read or download the report --> U.S. DEPARTMENT OF JUSTICE: Information on Employment Litigation, Housing and Civil Enforcement, Voting, and Special Litigation Sections’ Enforcement Efforts from Fiscal Years 2001 through 2007

New Book on the VRA and Language Minorities

James Tucker's new book, The Battle over Bilingual Ballots: Language Minorities and Political Access Under the Voting Rights Act has been published by Ashgate. For information on the book, including a table of contents, preface, and index (you can give it the old Washington-once-over to see if you are listed in the index), go here. There is also a discount link there, as well.
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Cedar Bluff: long-running election contest over, council members to be seated

The Post reports: It took over 16 months to seat them, but the Cedar Bluff Town Council finally has three new members, as of last week. Candidates Evan Smith, Jack Bond, and Mark Hicks will join Lenora McWhorter, also recently elected, and Leatha Harp on the five-member Council.

Evan Smith defeated incumbent Billie Jean Burkhalter by 11 votes for the District 1 seat. In District 3, longtime town official Martha Baker -- who has served as mayor and on the Town Council in the past -- was defeated in her bid to return to the Council. In District 4, sheriff's deputy Mark Hicks defeated Tammy Crane, 55-45.

Election results are scheduled to be verified Dec. 15 at 11:45 a.m. at the Town Hall.

The town's municipal election was originally held on Aug. 28, 2008. But mayoral candidate Jimmy Wallace -- who finished third in the initial voting -- challenged the results, claiming over 30 absentee ballots were improperly handled by town officials or marked by someone other than the voter for whom the ballot was originally intended. -- Read the whole story --> The Post Online - Cedar Bluff election results (finally) in

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GAO study on voting in long-term care facilties

The Government Accountability Office has issued a report entitled, "ELDERLY VOTERS: Information on Promising Practices Could Strengthen the Integrity of the Voting Process in Long-term Care Facilities." The summary includes the following:

Localities also used a variety of actions to facilitate voting for long-term care facility residents, including some that may decrease the likelihood of fraud and undue influence. In our survey, 78 of the 92 localities reported taking actions to facilitate voting for long-term care facility residents. The most common actions included supporting facility staff in assisting residents with the absentee or early voting process, including providing staff with early and absentee voting information or guidance. Localities also reported providing services directly to residents. For example, close to one-half of localities we surveyed brought election officials to facilities to assist with the voting process. The seven localities we visited prior to the November 2008 federal election used a range of strategies to facilitate voting for long-term care facility residents, including coordination with facility staff and other stakeholders; the deployment of election teams to facilities; and implementation of procedures to protect and ensure voting integrity, such as requiring bipartisan voting assistance and signed affidavits to document voting assistance.

For the whole report, go to d106.pdf (application/pdf Object)

Birmingham: was the city council election held at the correct time?

The Birmingham News reports: A Birmingham neighborhood president and former council member who unsuccessfully ran for city council this year said he filed a lawsuit this morning against the city because he wanted to bring it to the attention of the courts that the election was illegal.

"It's not about me or the seat," said Leroy Bandy, president of the Central Pratt neighborhood. "I just want it done right."

Bandy and another former District 9 council candidate, David Russell, filed the suit in Jefferson County Circuit Court this morning, minutes before the swearing-in ceremony began for the new council. In the suit, they contend the city should have gotten the state legislature to amend the Mayor-Council Act before changing election dates.

A hearing has been set for Dec. 3 in the case, Bandy said. -- Read the whole story --> Former city council candidate says he filed suit over election because 'I just want it done right' | Breaking News from The Birmingham News - al.com

Birmingham: is there a city council president?

The Birmingham News reports: The Birmingham City Coun­cil's vote to select Steven Hoyt as president pro tempore may have violated the Mayor-Council Act and be invalid, city attorneys and at least one council member said Wednesday. ...

The contention comes be­cause Roderick Royal nomi­nated Hoyt for pro tem and then voted on the nomination. Royal moments earlier had been selected council presi­dent, which means he be­came acting mayor. The mayor, according to the Mayor-Council Act, cannot vote with the council. ...

J. Richmond Pearson, the council's legal adviser, said the dispute should be set­tled in court. ...

State Rep. Demetrius Newton, a former Birming­ham city attorney, said the controversy over the vote highlights the need for more clarity in the Mayor­Council Act. Newton said the question should be re­solved by legislation rather than in court. ...

Adding to the confusion, Newton contends Coun­cilwoman Carole Smither­man also should have ab­stained during the voting because of her previous role as acting mayor. -- Read the whole article --> Birmingham City Council's pro tem vote for Steven Hoyt may be invalid | Breaking News from The Birmingham News - al.com