Election law

  • February 15, 2012
    Guest Post

    By Rob Richie and Elise Helgesen. Richie is executive director and Helgesen is a democracy fellow at FairVote, a nonprofit organization promoting voting rights and electoral reform.


    This November’s presidential election will present a stark choice between President Barack Obama and a Republican challenger, and voter turnout analysts predict a decline in voter turnout from our 62 percent turnout of eligible voters in 2008.

    Voter motivation is one reason why American turnout lags behind that of many nations. Most Americans experience limited choice and a relatively low chance of electing strongly favored candidates. For example, in 2010 only one in four eligible voters elected a Member of the U.S. House of Representatives (what we call “the Representation Index”). In contrast, in Denmark’s last elections, nearly five in six eligible voters elected representatives to its national legislature from an array of choices, voter turnout was more than 85 percent, and its system of proportional representation led to more than 95 percent of voters electing their preferred choice.

    Our broken voter registration system is a more direct barrier to participation. In fact, if every single registered voter participated this November, we still would trail many nations in turnout. According to a new study by the Pew Center on the States Election Initiatives, of some 220 million eligible American votes, more than 50 million aren’t registered to vote. Another 24 million voter registrations have serious data problems that could block or interfere with voting.

    It won’t take rocket science to ensure that every eligible voter is registered to vote and that all ineligible voters are not. What we need is a national commitment to take on the challenge, some start-up resources and smart use of existing databases. Other countries continue to modernize their systems, with international norms for voter registration rates typically well above 90 percent of eligible voters.

    Two nations provide recent examples of how it can be done. Chile last month adopted a law designed to register all eligible voters automatically. In its last presidential election in 2010, nearly a third of Chile’s 12 million voting-age citizens weren’t registered. With the new law, more than 4.5 million voters, mostly young adults, will be added to the voter rolls.

  • January 20, 2012

    By Nicole Flatow

    The U.S. Supreme Court issued its much-anticipated decision this morning on Texas’s redistricting plan.

    In a unanimous unsigned opinion, the court rejected election maps devised by a Texas federal district court, asking the lower court to give the map-drawing another try, this time using the original maps drawn by the Texas Legislature as a "starting point."

    As UC Irving Law professor Rick Hasen notes in very early commentary for Election Law Blog, the decision is a win for the Texas, “and will require the drawing of districts much more likely to favor Texas’s interim plan.” The alternative court-drawn map was the result of legal challenges alleging that the map discriminated against minorities.  

    Hasen breaks down the decision:

  • January 20, 2012
    Humor

    by John Schachter

    Stephen Colbert gave new meaning to “Justice delayed is justice denied” when he interviewed a surprisingly game former Supreme Court Justice John Paul Stevens. Colbert apparently didn’t realize (wink, wink) that Stevens had retired from the high court but reluctantly forges ahead with the interview nonetheless.

    The meat of the interview was a discussion of the court’s controversial Citizens United decision, coming up on its two-year anniversary. While Colbert insisted that corporations are exactly like people and deserving of all the same rights, Stevens parried quite effectively. “As with natural persons as well as corporate persons, some have different rights than others do,” Stevens explained. “The same rights don’t apply to everyone in every possible situation.”

    At 91 years, Stevens makes 90-years old Hollywood star Betty White seem old by comparison. His quick wit and sharp legal mind were on full display during the nearly 7-minute interview. The highlight? Colbert asked Stevens if there were any decisions he made that he later regretted. Said Stevens in response, “Other than this interview? I don’t think so.”

  • December 15, 2011

    by Jeremy Leaming

    Attorney General Eric Holder, earlier this week, signaled he is ready to challenge the efforts some states are taking to limit voting. Holder, in his speech at the LBJ presidential library, said states should take action to encourage more voters, not create barriers to participation in democracy.  

    “In 1965, when President Johnson signed the landmark Voting Rights Act into law, he proclaimed that, ‘the right to vote is the basic right, without which all others are meaningless,’” Holder said.

    “Since January,” Holder continued, “more than a dozen states have advanced new voting measures. Some of these new laws are currently under review by the Justice Department, based on our obligations under the Voting Rights Act. Texas and South Carolina, for example, have enacted laws establishing new photo identification requirements that we’re reviewing. We are also examining a number of changes that Florida has made to its electoral process, including changes to the procedures governing third-party voter registration organizations, as well as changes to early voting procedure, including the number of days in the early voting period.”

    Michael Waldman, executive director of the Brennan Center for Justice, lauded Holder’s comments, saying, “We hope the Justice Department will enforce the law and protect the voting rights of all Americans in its assessment of new voting laws.” The Center’s “Voting Law Changes in 2012,” report released earlier this fall says the new restrictions could bar more than 5 million Americans from participating in next year’s elections.

    Efforts by federal lawmakers to look into the onerous voting regulations picked up earlier this fall, when Reps. John Conyers Jr., Jerrold Nadler and House Democratic Whip Steny H. Hoyer urged congressional hearings into the laws and sent letters to state officials calling on them to oppose “new state measures adopted over the last year that would make it harder for eligible voters to register or vote.”

    Sens. Ben Cardin (D-Md.) and Charles Schumer (D-N.Y.) this week joined the effort to counter the states’ restrictive voting measures, which have been pushed largely by Republican state lawmakers to dampen voter turnout of minorities. The senators introduced a bill this week that would “create tough new criminal and civil penalties for those who create and distribute false and deceptive voting information and campaign literature,” a press release issued from Cardin’s office states.

  • November 23, 2011

    by Jonathan Arogeti

    In fewer than 12 months, millions of Americans nationwide will head to the polls for the 2012 election. With the presidency, 33 Senate seats, all 435 House seats, 11 state governorships, and more than 80 percent of state legislature seats on the ballot, some are considering it to be the among the “most important election[s].”

    But a spate of new restrictive state voting laws threatens to limit voter participation during this election, as documented by a new report from the Brennan Center for Justice. During a forum convened by leading Democratic congressmen, several prominent voting rights experts lamented the abrupt “shift” in momentum away from expanding the franchise. Laws that require photo identification or proof of citizenship, reduce registration opportunities and limit early voting could “make it significantly harder for more than five million eligible voters” to cast ballots in 14 states, the report estimates. And these estimates do not even take into account the potential consequences of proposed measures states that have not yet passed in at least 24 other. Click here for video of the forum.

    “These new laws threaten to silence the voices of those least heard and rarely listened to in this country -- the poor, the elderly, racial and ethnic minorities, the young and the differently abled. Now is the time to act,” said League of Women Voters President Elisabeth MacNamara during the forum.  

    This month has also seen calls by leading Democratic congressmen for a hearing in the House on new state restrictions on voting, and a letter signed by more than 200 House members urges all 50 state secretaries of state to oppose these laws.