Voter ID and the Real Threat to Democracy
The Supreme Court concluded in 2008 that voter ID is constitutional and doesn't impose an unreasonable burden on voters.
Court Strikes Down North Carolina Voter ID Law
A federal appeals court struck down North Carolina's voter ID [...]
Virginia Supreme Court Overturns Governor’s Order on Felon Voting
RICHMOND -- Virginia Gov. Terry McAuliffe's executive order restoring the [...]
A Guide to Photo ID, Early Voting and other Voting Law Cases
As the presidential election nears, a number of important voting law cases are still up in the air. And that can be confusing -- for voters trying to figure out what they do or don't need to cast their ballots, for election officials trying to figure out how to run elections, and for politicians trying to make sure supporters get out and vote. Here's a brief guide provided by National Public Radio via WAMU on where some of the big cases stand, as of the end of June. More rulings are expected, although courts are reluctant to make major voting law changes too close to Election Day. Referenced states are: North Carolina; Texas; Ohio; Wisconsin; Kansas; Virginia.
ACRU Sues Broward County over Inflated Voter Rolls
Florida's Second Largest County Has More than 100 Percent of Residents Registered to Vote. ALEXANDRIA, VA (June 28, 2016) --- The (ACRU) has filed a lawsuit alleging that officials in Broward County, Florida, have violated federal election law by failing to maintain accurate voter registration. "When a county has more people registered to vote than there are eligible residents, it's an open door for vote fraud," said ACRU Chairman/CEO Susan A. Carleson. "Corrupted voter rolls are the first step to vote fraud. Broward's Supervisor of Elections, Dr. Brenda Snipes, is not using all of the tools available to keep Florida elections clean." The complaint, filed by the Public Interest Legal Foundation on ACRU's behalf on Monday, asks the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, to find Broward's supervisor of elections in violation of Section 8 of the National Voter Registration Act of 1993 (Motor Voter Law), "to implement reasonable and effective registration list maintenance," and to allow the ACRU to inspect voter records. The lawsuit notes that the county of nearly two million people, with a non-citizen population of 256,430, has removed only 18 people from the voting rolls over the last five years for lacking U.S. citizenship. Also, that 106 percent of county residents were registered to vote in 2010, and 103 percent in 2014. "Broward was one of four Florida counties that was asked to do a recount in the 2000 presidential election," Carleson said. "We think it's time they cleaned up their rolls before the next one." The case is and Andrea Frankel-Bellitto vs. Brenda Snipes. Andrea Frankel-Bellitto is a registered voter in Broward County. The ACRU is the only private party to successfully sue under Motor Voter to clean up county voter rolls, winning consent decrees in Texas and Mississippi.
Kobach Predicts Chaos if Court Order Stands in Kansas Case
DENVER -- Kansas Secretary of State Kris Kobach contends massive voter confusion will occur if an appeals court doesn't block a lower court's order to register thousands of state residents for November's presidential election. Kobach made the prediction in a document he filed with the 10th U.S. Circuit Court of Appeals. The dispute centers on residents who submit voter registration forms at Division of Motor Vehicles offices and don't provide proof of citizenship. A 2011 state law requires newly registering voters to provide proof of citizenship. A preliminary injunction issued May 17 by U.S. District Judge Julie Robinson prohibits election officials from enforcing the proof of citizenship requirement for residents who register at DMV offices. Robinson's order will take effect Tuesday if the Denver-based appeals court doesn't block it by issuing a stay. Kobach requested a stay in the document he filed May 28. Attorneys for the League of Women Voters and American Civil Liberties Union on Wednesday opposed Kobach's request. The dispute involves whether about 18,000 residents will be allowed to vote, court filings state. Early voting for the primary election begins July 13.
Virginia Assembly Republicans Sue Governor over Felon Voting
Virginia Republicans on Monday asked the state's highest court to block more than 200,000 felons from voting in November, arguing that Democratic Gov. Terry McAuliffe abused his power by restoring the voting rights of thousands of convicts who've completed their sentences. In a lawsuit GOP leaders filed in the Virginia Supreme Court, they say McAuliffe violated the separation of powers by effectively suspending the state's ban on voting by felons. They say McAuliffe is ignoring decades of practice, which has made clear that governors can restore voting rights only on a case-by-case basis. "Gov. McAuliffe's executive order defines the plain text of the Constitution, flouts the separation of powers, and has no precedent in the annals of Virginia history. The governor simply may not, with the stroke of the pen, unilaterally suspend and amend the Constitution," their lawyers wrote in the suit. The lawsuit is being brought by House Speaker William Howell and Senate Majority Leader Thomas Norment along with four other Virginia voters. They're asking the justices to prohibit election officials from registering felons and to cancel all such registrations since April 22. As of last week, election officials said nearly 4,000 felons had signed up to vote, media outlets reported.
Giving Violent Felons the Automatic Right to Vote Is Not Morally Defensible
By J. Christian Adams Giving violent felons the automatic right to vote is not morally defensible. In elections, just as in society, it is important that everyone follow the rules. Automatically restoring the right to vote for felons is a bad idea. Before felons enjoy the full measure of citizenship, at a minimum, they should seek an individualized determination that they deserve the right to vote. Redemption loses its value when redemption is automatically bestowed. If the goal of felon voting restoration is to integrate felons back into society, it should be an active and contemplative exercise by the applicant seeking redemption, not an automatic one. Virginia Gov. Terry McAuliffe's decree that felons will enjoy automatic voting rights in the swing state of Virginia was a bad idea and contrary to state law. When the integrity and credibility of American elections is involved, it is essential that everyone follow the rules. Breaking the rules is particularly corrosive when it appears to have a brazenly partisan aim, as in Virginia. Giving violent felons the automatic right to vote is not morally defensible. Violent criminals who have shown contempt for other members of society and our laws should not have a voice in the process of writing laws. When a violent felon helps to choose lawmakers, laws will invariably skew more toward the criminal to the detriment of the law-abiding citizen. If you commit violent crimes, in nearly every state you forfeit multiple constitutional rights, including the right to vote and the right to own firearms. Most advocates for restoring rights never seem to get around to Second Amendment rights. That's no accident because the national campaign to restore felon voting rights is first and foremost an effort to help Democrats win elections. Studies have shown that felons vote overwhelmingly for Democrats, and the advocates for felon voting know it, and usually like it. Automatically restoring felon voting rights is the latest instance of normalizing criminal behavior. Voters with violent criminal tendencies are the last thing we need anywhere close to the American election process
Federal Judge Upholds North Carolina Voter ID Law
RALEIGH -- A federal judge has upheld North Carolina's voter ID law in a ruling posted Monday evening. U.S. District Judge Thomas Schroeder issued a 485-page ruling dismissing all claims in the challenge to the state's sweeping 2013 election law overhaul. Schroeder, a George W. Bush appointee, also upheld portions of the 2013 law that reduced the number of days people could vote early, eliminated same-day registration and voting and prohibited people from casting a ballot outside their precinct. The decision comes nearly three months after a trial on the ID portion of the law. Schroeder noted that North Carolina had "become progressive nationally" by permitting absentee voting, early voting for 17 days before the Election Day, a lengthy registration period, out-of-precinct voting on Election Day and a pre-registration program for 16-year-olds. "In 2013, North Carolina retrenched," Schroeder said in his opinion. Ultimately, though, Schroeder said the state had provided "legitimate state interests" in making the changes and the challengers failed to demonstrate that the law was unconstitutional. "This ruling further affirms that requiring a photo ID in order to vote is not only common sense, it's constitutional," Gov. Pat McCrory said in a statement. "Common practices like boarding an airplane and purchasing Sudafed require photo ID, and thankfully a federal court has ensured our citizens will have the same protection for their basic right to vote." In reaching the decision released on Monday, Schroeder conducted a two-part trial that spanned more than 21 days in July and this past January. He considered the testimony of 21 expert witnesses and 112 other witnesses, and more than 25,000 pages that are part of the record.
ACRU Sues Philadelphia over Voter Records
The ACRU is suing Philadelphia over city officials' refusal to open voter registration records for public inspection as required by federal law. In a complaint filed April 4 in U.S. District Court under Section 8 of the National Voter Registration Act of 1993 (Motor Voter Law), the ACRU seeks "specific records... to ascertain why Defendants have implausible percentages of active registrants as compared to age-eligible United States citizens who live in Philadelphia." Specifically, the ACRU seeks a court order finding the city in violation of NVRA, and requiring officials to allow inspection of voter registration records and the various means by which the city is supposed to be updating them. The ACRU had requested access to the records in a January letter to city officials. Philadelphia voter rolls have contained an implausible number of registrants over the years with the total registered nearly exceeding the number of eligible citizens in Philadelphia. The ACRU seeks to examine why this is occurring and what can be done to ensure that only eligible citizens are voting in Philadelphia elections