Monthly Archives: February 2012

Southern states seek to mend invasive nature of the Voting Rights Act, not end it

Politico has a lead story on challenges to Section 5 and what they characterize as an “siege on the Voting Rights Act.”  The modern reality is that the invasive and disproportionate nature of Section 5 with the concurrent lack of justification for such unequal treatment of only certain states in 2012 threatens equal application of the Voting Rights Act.  Those challenging Section 5 will be giving the Supreme Court the opportunity to mend the Voting Rights Act from the potentially current unconstitutional application of Section 5.  An excerpt from the article:   

The lawsuit brought by Shelby County was argued this month at the
U.S. Court of Appeals for the D.C. Circuit and could be on a fast track
for the Supreme Court.

The provision “was constitutional in 1965 and 1975. And Alabama was,
shamefully, a big reason why,” said a brief filed in November by lawyers
for Alabama Attorney General Luther Strange. “But in part because of
Section 5, Alabama has changed, and the statute is no longer a necessary
and proper means of redressing constitutional injury.”

Strange’s brief argues that African Americans now serve in the state
Legislature at rates comparable to their percentage of the population
and that white and black voters have about the same registration rate.

Voting Rights Act critics also say the list of 16 states that get
special scrutiny is badly outdated. “It makes no sense [now] for the
State of Texas but not the State of Arkansas to be covered,” Blum said.

A series of cases filed recently by South Carolina and other states
seek approval for voter ID laws and other voting changes. However, some
of those cases also hint that the act’s pre-clearance provision could be
unconstitutional.

WSJ: Supreme Court Blocks Montana From Enforcing Restrictions On Corporate Political Spending

The Supreme Court Friday blocked Montana from enforcing state
restrictions on corporate political spending while the high court
considers arguments that those restrictions, enacted in the century-old
Montana Corrupt Practices Act, were nullified by the 2010 Citizens
United ruling.

…In Friday’s action, the Supreme Court decided without comment to stay
the Montana court’s ruling while considering whether to take further
action on the corporations’ appeal.
Although many legal scholars
are doubtful the Montana law can survive Citizens United, two justices
who dissented from the 2010 ruling suggested in a statement Friday that
the U.S. Supreme Court should take a second look.

WSJ article here.

North Carolina candidate for Governor vows to sign voter ID bill

McCrory brought the crowd to its feet several times when he promised he
would sign bills passed by the Republican legislature that Perdue had
vetoed: a voter ID bill; and a measure making the state a party to a
legal challenge to the national health care law.  Article here.

Depending on timing, the next Governor may not need to sign the voter ID bill as the North Carolina legislature may soon be able to override the veto itself with an additional vote coming from a legislator that has been deployed overseas and unable to vote.  This story has more of the details:

One of the most controversial vetoes awaiting
consideration is a bill requiring voters to show identification at the
polls. Republicans say it’s needed to prevent fraud, but Democrats say
it will disenfranchise voters. Lewis, the elections committee chairman,
said he doesn’t have the three-fifths majority needed for an override
this week.

The count is expected to change when
Republican state Rep. Ric Killian of Charlotte returns from his Army
reserve duties in Afghanistan in March or April. With Killian’s vote,
Republicans can override the vetoes of the voter ID bill and legislation
that promotes shale-gas drilling through a process known as fracking,
said House GOP leader Paul “Skip” Stam.

IBD Editorial: “Why do Democrats want to protect voter fraud”

Ouch.

Just as important is how this flawed system highlights the need for
tougher voter ID laws. After all, if 2 million dead people are on the
active voter rolls, how difficult would it be to use those registrations
to illicitly tip a close election?

Yet Democrats are pummeling states trying to impose picture ID laws
to protect against this kind of fraud. They vetoed such laws in
Minnesota, Missouri, Montana, New Hampshire and North Carolina.

The Justice Department blocked South Carolina’s new photo ID law. And
NAACP President Benjamin Jealous attacked the reforms as “the greatest
assault on voting rights … since the dawn of Jim Crow.”

Florida news investigation into non-citizen voting sparks criminal investigation

Law enforcement is now taking action in direct
response to an NBC2 investigation involving potential voter fraud. It
comes after we uncovered non U.S. citizens who were registered to vote.

The Collier County Sheriff’s office is
investigating two voters who admit they are not U.S. citizens, yet cast
ballots in numerous elections.  “This
is the first year we’ve actually had a complaint come in that
non-citizens were voting,” said Sergeant David White, who is assigned to
the county’s economic crimes unit.

White
got the names from the Supervisor of Elections office after the NBC2
Investigators examined jury excusal forms where residents said they
couldn’t serve because they were not U.S. citizens. We found nearly 100 of those names in the database of Florida registered voters.
So far, Lee and Collier county election supervisors have removed 34 of those people from the voter rolls.

Link here.

And I Will Raise Him Up. . . . On Election Day

Deroy Murdock at the Washington Times  “Dead Will Rise on Election Day”:


” . . . As former federal prosecutor J. Christian Adams explains in his superb book Injustice, Section 8 of the Motor Voter Act “requires voter rolls to be kept free of dead and ineligible voters.” As Justice attorneys were poised to investigate eight states rife with nonliving and otherwise unqualified voters, top Obama appointees balked.


Mr. Adams heard Deputy Assistant Attorney General Julie Fernandes tell headquarters staffers in November 2009: ‘We have no interest in enforcing this provision of the law. It has nothing to do with increasing turnout, and we are just not going to do it.’


Meanwhile, as prosecutors at Justice’s Voting Section literally play computer solitaire and watch YouTube, the U.S. Election Assistance Commission reported in June 2009 that in North Dakota, registered voters totaled 101.6 percent of the voting-age population. In Michigan, that figure was 101.9 percent; in Alaska, 102.2 percent; and in Maine, 103.9 percent. Alarms should wail when there are more registered voters in a jurisdiction than eligible adults. Instead, Justice’s snooze buttons are busier than ever. . . .”

February 23: Heritage Foundation Seminar on the impact of state voter ID laws

Laura Murphy, director of the Washington legislative office of the American Civil Liberties Union, and Hans von Spakovsky, senior legal fellow and manager of the Civil Justice Reform Initiative in the Center for Legal and Judicial Studies at the Heritage Foundation, will speak at a National Press Club Newsmaker at 10 a.m. Thursday, Feb. 23, in the Zenger Room of the club in the National Press Building, 529 14th St., NW, Washington, D.C.  They will discuss the actual and potential impact of various U.S. state voter identification laws, many of which have only recently been passed and which require a photo ID for voters to be able to cast their ballots.  More information here.