Author Archives: ELECTIONLAWCENTER.COM

Rural Democrats grow scarce as “unicorns”


To read the entire article, go to link.  A few highlights quoting Larry Sabato on the national perspective:

Larry Sabato, a political analyst and director of the Center for Politics at the University of Virginia, called the gradual demise “a major problem for Democrats,” and one not confined to Virginia.


The party has become so dominated by its hold on urban areas, minorities and university communities, he said, that Democrats have lost footing in the undeveloped parts of the South.


“They’re completely removed in the rural person’s mind from the problems of non-urban areas,” he said, “and Republicans are the opposite.”


andAnd it’s not just Virginia. In other Southern states, such as Mississippi, rural Democrats have been losing ground for years. In Alabama, the GOP last year took control of the legislature for the first time since 1874. And Rural Democrats in North Carolina last year lost control of their statehouse for the first time in 140 years.


“Look at North Carolina — they’ve been wiped out there,” Sabato said. “It’s redistricting, that’s part of it, but it’s just difficult to get rural areas to vote Democratic anymore.”


He added that the cycle is self-reinforcing, with each loss of a moderate Democrat creating a more liberal caucus, which only serves to further alienate rural voters.


As a result, Sabato doesn’t hold out much hope for the species.


“They’re not quite unicorns,” he said, “but they’re close.”

New York Times wants DOJ to burn the “Campaign Jungle”

Were you readers expecting legal analysis and reasoned arguments on your Sunday pages? 

Don’t hold you breath.  To read the most simplistic and ignorant editorial in years on the current state of campaign finance laws, go the blogosphere
New York Times Sunday Opinion page and read the editorial entitled “The Campaign Jungle” to get your fill of hope fear and change corruption.

So you ask, why would ELC send you to an opinion piece with so much to look forward to?  Besides the importance of understanding the ignorance of self-proclaimed journalists residing in Manhattan, the last paragraph is notably scary as it is indicative what depths the reformers would lower themselves to manipulate laws (even criminal) to suppress your free speech. 

“The time has come for the Department of Justice to step in and pursue criminal complaints against the candidate PACs. Limits on spending used to prevent donations from becoming outright bribes, but now the limits are gone, and the path to corruption is clear.”

There you have it. The New York Times editorial team suggests the Obama Justice Department threaten criminal prosecution against campaigns and candidates where the Federal Election Commission (FEC) hasn’t determined the campaign speech in question to be either violative of law or regulation.  In the name of combating imaginary corruption, the New York Times is trying to the chill the campaign speech of political committees.  

Happy Belated Halloween.
  

Representative Rokita questions the lack of transparency with FEC bureaucracy

A must-see video at the link.  These series of questions were asked at an oversight hearing of the Federal Election Commission (FEC) and Representative Rokita does a great job detailing why the FEC bureaucracy needs to be tamed.  In this most important area of free speech and campaign spending, is too much discretion to prosecute based on secret standards being given to unaccountable regulators? 

Rokita asks the question:  Are we a nation of laws or a nation of men?

Davidson County, NC Approves resolution on local photo ID requirements

At the link, we find that despite the veto by the Democratic Governor of North Carolina, the proponents of voter ID will not give up so easy, now turning to grassroots politics at the local level to implement the law.  It is just a matter of time. 

The Davidson County Board of Commissioners unanimously approved a resolution Tuesday night to introduce a bill requiring voter identification prior to voting in local elections.

Commissioner Larry Potts, who serves as vice chairman of an all-Republican board, introduced the resolution in light of a recent veto by Gov. Beverly Perdue of House Bill 351, which was adopted by both houses in an effort to ensure the accuracy of elections. Potts is not satisfied with the decision of the governor and said he wishes to see Davidson County protected from fraudulent voters.

Twitter Transcript of Federalist Society Voter ID panel


@TheRepLawyer: For those Twitter challenged, below is the tweeting transcript of the voter ID panel at the Federalist Society Convention.  Remember, the tweets are in reverse order.  The panelists included: Hans von Spakovsky, John Fund, Spencer Overton and Daniel Tokaji.


von Spakovsky discusses Ike Brown case


Fund: “it is often minority voters that are victims of vote fraud”


Fund: “it is very difficult to prove vote fraud after it happens”


Fund interviewed former Congressman Artur Davis who saw vote fraud firsthand


Audience member points out there was a lot in Milwaukee Police Report that Tokaji failed to mention


von Spakovsky: only 1 lawyer in DOJ prosecuting election crimes, but had 42 lawyers prosecuting violations of voting rights laws


Fund: small numbers can have “profound consequences” in close elections


Fund: NY Daily News in 2004, found that 46,000 people in NY were registered to vote in NY and FL


Overton: “double voting should not be tolerated”


Tokaji admits he has never been a poll watcher


Roman Buhler: Overton sounded like was praising Rhode Island voter ID


Roman Buhler: we heard sworn testimony that individuals said don’t have to be citizen to register to vote


von Spakovsky: some states have special notation on face of license that indicates whether is citizen


von Spakovsky: GA allows student IDs to vote


Overton: MOVE Act was important piece of legislation


von Spakovsky: can combine voter ID with other reforms to combat other vote fraud


von Spakovsky: House Administration report concluded that preponderance evidence that 600-700 non U.S. citizens voted in 1996 Sanchez race


Tokaji concedes that surveys of people without ID may be too high


Fund: let’s get IDs for those people who do not have ID


Fund: every empirical study shown that voter ID not depress turnout


Fund: judge said that arguments of voter ID opponents were “utterly incredible and unreliable”


Fund: there are ways to vote without undue burden in Indiana and Georgia if come without a photo ID


Overton: Alvarez study did not find racial differences in turnout


Overton claims Davis wrote about absentee ballots, but Davis actually wrote “I’ve changed my mind on voter ID laws”


Overton claims Davis wrote about absentee ballots, but Davis actually wrote said “I’ve changed my mind on voter ID laws”


von Spakovsky: majority of black counties voted in favor of voter ID in Mississippi


von Spakovsky: no one says that requesting ID for checking into hotel or going on airplane is Jim Crow


von Spakovsky: “claims that this is Jim Crow are historically preposterous”


von Spakovsky: plaintiffs claimed hundreds of thousands of disenfranchised voters but failed to find a single witness


von Spakovsky: increase in turnout of African Americans in GA climbed between 2008 and 2010


von Spakovsky: Fairfax County turned over names of hundred voters that are not U.S. citizens that are registered to vote


von Spakovsky: Indiana voter ID law stopped voter who pulled out a Florida drivers license when tried to vote in Indiana


von Spakovsky: photo ID in name “John Smith” prevent impersonation as well as double voting


von Spakovsky mentions Heritage study – read it


von Spakovsky – voter ID was 6-3 decision written by Justice Stevens


von Spakovsky – no decrease in turnout after voter ID laws


von Spakovsky – Lincoln Chafee signed photo ID law and calls it “reasonable request to ensure the integrity of our elections”


von Spakovsky – tells fellow panelist “hope you didn’t miss your train because they were asking for photo ID”


Tokaji mentions Milwaukee Police Department Report


Tokaji admits that there are a lot of problems with our election systems


Fund: we have two civil rights to protect: to have access to the vote and to not to have anyone’s vote cancelled out


Fund: Congressman Artur Davis who seconded Obama’s nomination wrote op-ed that had no evidence when opposed voter ID


Fund: African American Speaker Gordon Fox, African American Harold Metts helped pass voter ID in Rhode Island


Fund: Clinton and Wasserman Schultz compare voter ID to Jim Crow


Fund: 25% statistic that African Americans don’t have voter ID is false


Fund: examples of vote fraud in Troy, New York and Madison County, Florida


Fund: voter fraud can make a difference


Fund: 144 people convicted of voting illegally in Minnesota Senate race


Fund: Minnesota’s Senate race decided by 312 votes, giving 60th vote which was crucial in passage of Obamacare


Fund: Supreme Court held that there were “flagrant examples of voter fraud”


Fund: without photo ID, you can’t cash a check, rent a video, enter a federal building


Fund: President Carter called photo ID “a move forward” that is “nondiscriminatory”


Fund: should try to make it ‘easy to vote, hard to cheat’


Fund: in Washington state governor’s race decided by 129 votes, King County found votes 17 times

Democrats not willing to say Photo ID laws actually violate the Voting Rights Act

at USA Today, “Mississippi has joined the growing number of states adopting tougher voter ID laws, a trend that promises to fuel an intense battle over how such laws may affect voter turnout in the 2012 elections. “It’s boiling over,” said Jennie Bowser, a senior election policy analyst at the National Conference of State Legislatures. “People on both sides of the aisle are very protective of elections. They regard it as the cornerstone of American democracy. ”  

and this: Democrats have called for a hearing on whether the state laws are constitutional and violate the spirit of the Voting Rights Act. They are considering introducing legislation to nullify the impact of the state laws, but acknowledge such an effort would almost certainly be doomed in the Republican-controlled House. “We don’t delude ourselves,” said Democratic Rep. Steny Hoyer of Maryland, the House minority whip. “I’m not sure we’ll be successful with legislation, but legislation is certainly an option.”

Carefully note that Democrats are not calling a hearing to say that photo identification laws actually violate the Voting Rights Act, just the spirit of the Act.  This is a result of previous litigation in states that has repeatedly resulted in Court’s ruling that the laws don’t normally, much less automatically, violate the Voting Right Act.  This shift explains why Democrats are calling for Federal legislation to expressly nullify the wide variety of state identification laws enacted over the past decade.  Why?  Because the Supreme Court has ruled that photo id laws are indeed constitutional and acceptable for election administration purposes; therefore, the only remaining avenue for Democrats to overrule the majority of Americans in favor of such laws and force a wholesale federal ban down the throats of all states. 

As the enforcement agency of the Executive Branch, the DOJ can only stand in the way of photo ID laws for so long.  Their job is to follow and enforce laws (even ones they don’t like) and not to manipulate the law for political ends.  The only recourse for Democrats is to pass legislation at the state and federal level reversing this trend.  Unfortunately, the mere fact they bring up this issue may now prompt Republicans to consider federal laws requiring identification at the polls.