Texas will likely argue that the three-judge federal panel failed to give the appropriate legal deference to the plan adopted by the Texas legislature. With the dramatic changes found in the panel’s interim map, they will argue that there will be irreparable damage to the large number of incumbents that the court improperly combined into districts or drew out of existence based on their misunderstanding of the law to permit the drawing of opportunity, cross-over, or coalition minority districts. Those influence districts (by another name) will certainly draw the negative scrutiny of the Supreme Court. Because the plaintiff’s may argue that the interim maps would serve as the baseline for any subsequent retrogression analysis, these dramatic interim lines would cause irreparable impact on the final lines. The full article can be found here:
Texas House Speaker Straus’ statement:
“As the panel of three federal judges prepares to issue its ruling on district lines for the Texas House of Representatives, I hope that the judges will take into account the will of the people of Texas as expressed by their elected representatives.
“I, along with many Members of the House, have strong concerns that the initial map released by the court last week goes much further than is necessary to correct any perceived legal defects in the recently-adopted redistricting plan.
“Members of the Texas House approved a redistricting plan that is fair and that the State’s lawyers have advised us is legal. Even if the panel of judges concludes that the new lines violate federal law in some respects, their role should be limited to making as few revisions as possible to cure those perceived defects, instead of making wholesale changes to the duly elected map.
“If the final order of the court is not substantially closer to the plan we passed, I will urge the Attorney General to seek an immediate stay from the U.S. Supreme Court so that several issues under the Voting Rights Act can be clarified before the federal judges impose their new map on Texas voters for the 2012 elections.”
Monthly Archives: November 2011
More on Davis v. Guam
More on the Section 2 lawsuit I filed today along with the Center for Individual Rights at the PJ Media Rule of Law blog.
Center for Individual Rights files Section 2 case in Guam
Pacific Daily News has more.
“Washington, DC – The Center for Individual Rights filed suit today against Guam, the Guam Election Commission and seven named Guam officials for discrimination on the basis of race and ethnic heritage under Guamanian laws that prohibit individuals who are not “native inhabitants of Guam” from voting on a plebiscite concerning Guam’s future relationship to the United States. “
Here is the filed complaint.
Will votes be tossed out in the St. Bernard Parish Sheriff race?
At the link, Sheriff deputies are accused of voting in the St. Bernard Parish Sheriff race despite living in neighboring counties. The scandal is coming to a head.
The St. Bernard Parish Board of Election Supervisors is still awaiting an opinion from the state’s attorney general on whether to throw out any votes in Saturday’s election.
Sheriff candidate Wayne Landry said Tuesday that his campaign challenged 1,300 voters. That turned into 700 Thursday, and now the official count from the St. Bernard Registrar of Voters stands at 598.
“An overwhelming number of challenges made did not have evidence attached to the challenges,” said Election Supervisor Mike Bayham. “It’s for the 55 that did have evidence attached, that’s where the attorney general’s opinions will be relevant.”
Mississippi SOS reaches out to the clenched fist of Voter ID opponents – result?
Mississippi Secretary of State Delbert Hosemann said he wants to include opponents of voter identification as state officials work to implement Initiative 27, the state constitutional amendment passed last week calling for Mississippians to present photo identification before voting. “My goals would not be to have people on the sidelines of the field waiting for someone to fumble the ball,” he said. “Help me implement it.”
The response? Opponents say they’re willing to talk, but they’re also planning to seek federal rejection of the amendment, which 62 percent of voters favored Nov. 8. “We expect to be involved in opposing the law,” said Nancy Abudu, a lawyer with the Voting Rights Project of the American Civil Liberties Union. Her arm of the ACLU has filed detailed letters questioning both the basis and the plans for implementing voter ID in South Carolina and Texas. The Justice Department is supposed to approve or reject both in December. Those are the first states that have sought preclearance for voter ID since President Barack Obama took office
No matter that Mississippi just passed a constitutional amendment (not merely a law), but it appears that the perceived grown-ups in Mississippi seem on the cusp of actually submitting the constitutional amendment to the Obama DOJ for a thumbs up or down. Expect a frustrating and humilitating experience. While the Supreme Court has upheld strict voter photo ID laws and the Clinton/Bush Departments have occasionally approved photo ID laws in other southern states such as Florida and Georgia, the Obama ideologues have yet to approve any voter ID law. And they certainly do not seem willing to approve any similar voter ID laws in South Carolina or Texas. Does Mississippi expect any better treatment?
Memo to Mississippi Governor and Attorney General: You are talking about an amendment to your state constitution and your state actually plans to submit the amendment to the rigged Section 5 process at the Justice Department. Such an important addition to the state constitution should be reviewed by the federal courts who will certainly give Mississippi and the newly approved Voter ID amendment much greater deference than the Obama ideologues ever would. It is one thing for a federal court to take such a dramatic step to stop a constitutional amendment, and do you really want some faceless bureaucrat telling Mississippi that this overwhelming-approved constitutional amendment doesn’t quite meet muster with their interpretation of discrimination.
Nebraska County Says No to Spanish Language Election Ballots
@ the link.
Army sergeant worked elections in both Kenner, Louisiana and Baghdad, Iraq
At the link, Cesar Munoz watched Iraqi voters stream into the Baghdad polling place from early morning until the evening. At times the line stretched for blocks. Armed soldiers such as Munoz secured the building, and others surrounded the perimeter. About two thirds of eligible voters turned out in March 2010 to elect a new Parliament, despite bombs exploding in parts of the country in insurgent efforts to keep the electorate from the polls. “You could see democracy at its best,” said Munoz, 57, a Kenner resident and Army reservist who was part of the U.S. military contingent that helped Iraqi forces conduct the elections last year. Munoz has a special perspective on elections, because in addition to his work overseas he also has been an elections commissioner in Kenner for about seven years. Stateside, he helps voters check in on election day. In Iraq he watched voters triumphantly display inked fingers to prove they had voted. He talked with Iraqis in the months following the election to gauge their reactions. They had been nervous, he said, but excited to vote, some for the first time. “To me it was a joyous event because I saw people doing what they had always wanted to do,” he said. Here, voters don’t go to the polls under protection of soldiers holding machine guns. But having seen it both ways, Munoz said he is disappointed in the sometimes paltry turnout back home. “The big difference is that I find here in the United States, we take everything for granted,” he said. “We are great at criticizing and finding the faults in people but aren’t great at doing something about it by going to vote.”
New Mexico Secretary of State Duran reports 104 non-citizens registered to vote and 19 voted in past elections
Story here: Earlier this year, Republican Secretary of State Dianna Durán said she found 37 cases of foreign nationals, including illegal immigrants, who may have cast ballots in New Mexico. That came as she was verifying registrations for people without Social Security numbers who received New Mexico driver’s licenses. “The public record provides critical evidence that noncitizens with and without driver’s licenses have registered to vote and that noncitizens have voted in New Mexico elections,” Durán told News 13 in March. “To those who say that vote fraud (if it does exist) is ‘insignificant,’ our answer is that no instance of vote fraud, or ineligible registration, or ineligible voting, is now, or ever will be ‘insignificant’ to this office,” said Durán in the report. “Every single vote cast by an ineligible voter cancels and invalidates a vote cast by a legal voter and leaves that law-abiding citizen completely disenfranchised.”
SANTA FE (KRQE) – More than 100 noncitizens may have registered to vote over the last eight years, and of those 19 may have actually cast ballots, according to a report released Thursday by the Secretary of State’s office.
And Durán was quoted as saying:
Federal Court is next stop to require New York to comply with the MOVE Act
Full story here. New York is refusing to provide 45 days to overseas and military voters, instead allowing only 32 days for mail delivery of ballots to overseas locations and return to the U.S. With DOD denying the waiver request, the hope is that now the Federal Court in the Northern District of New York will require the state to follow the law for voters in the 2012 election cycle.
The story provides the summary below from the New York State Board of Elections:
This afternoon the State Board was informed by Robert Carey, Director of the Federal Voting Assistance Program (FVAP) of the Department of Defense, that the Department of Defense has denied the New York State 2012 Primary Election and General Election Waiver Application. The waiver sought exemption from certain provisions of the Military and Overseas Voting (MOVE) Act that affect the 2012 Primary Election for federal offices to be conducted as currently provided by the New York Election Law on September 11, 2012.
The denial means that the litigation in Federal Court in the Northern District will go forward. The Court is scheduled to rule after December 1st on the US Department of Justice’s motion to compel New York State to comply with the MOVE Act requirement to transmit ballots to military and overseas voters not later than 45 days before election day for federal office rather than the 32 day deadline currently provided for in state statute. The motion, if so ordered, would require moving primary date for federal office to take place not later than August 18, 2012.
DOD grant to aid military voters in participating Florida counties
Full story here:
The Escambia County Supervisor of Elections office announced Tuesday it is among 13 Florida counties receiving part of a $1.6 million federal grant to ensure military and overseas citizens can more easily vote in 2012 elections.
The Federal Voting Assistance Program grant will provide Escambia County with $178,500 over the next five years.
Escambia County Supervisor of Elections David Stafford said two years ago, Florida declined to apply for state grants that were offered for the same purpose before the 2010 elections.
Stafford testified before Congress earlier this year to advocate that local election officials should be able to apply for the grant even if their state was unwilling to participate. The request was granted and the Okaloosa County Supervisor of Elections, Paul Lux, volunteered to be the lead county to apply for a collective grant.
The participating counties all have large populations of military personnel and serve major military installations across the state, Stafford said