Author Archives: ELECTIONLAWCENTER.COM

District Court Judge Bates rules on Shelby County case

More here.  Response of Ed Blum:

Project on Fair Representation DirectorEdward Blum said, “With this unfortunate opinion, the court failed to recognize the ongoing damage these provisions incur to our nation’s bedrock principles of federalism.”  Blum added, “The Project on Fair Representation looks forward to helping Shelby County with an appeal of this decision.”


Feds set to force August 2012 primary in New York

More on the situation in New York.   Federal officials are ready to force New York’s boards of elections to hold a primary in August of next year, citing the legislature’s failure to set a different date for its primary.

The link has a copy of the pleadings filed with the court by DoJ. excerpt below:

“Accordingly, the United States seeks two types of relief,” a DOJ motion filed Monday says. “First, it requests an order advancing New York’s primary election date, starting with the 2012 election. Given Defendants’ failure to change the date on their own—despite ample time and opportunity to do so—this relief is necessary to ensure future UOCAVA compliance. New York’s federal primary election date is simply too close to the federal general election to ensure UOCAVA compliance in 2012. In light of the State’s inaction, and absent an order from this Court, New York’s late primary date will disenfranchise UOCAVA voters in 2012 and beyond. To comply with UOCAVA, the primary election date must be set for no later than 35 days in advance of the UOCAVA deadline for transmitting ballots (the 45th day before the federal general election), i.e., at least 80 days before the federal general election”

Bottom Line:  New York failed to comply with MOVE in 2010 with multiple late ballots and remains poised to violate MOVE in 2012. 

Poll finds overwhelming Hispanic Support for Voter ID

Link here.

The poll, conducted by the well-respected pollster Whit Ayres, asked Hispanic voters in Florida, Colorado, and New Mexico whether they opposed or supported “laws that would require registered voters to present photo identification, such as a drivers license, in order to cast their vote.”


These poll results are particularly significant since all three states have large Hispanic populations. The Census says that almost 23 percent of Floridians are of Hispanic origin, and 88 percent of those Hispanic voters in the Sunshine state support voter ID requirements, according to the Resurgent Republic poll. Hispanic support in Colorado (with a 20 percent Hispanic population) for voter ID was 71 percent, and in New Mexico (with a 46 percent Hispanic population) it was 73 percent.

New York Military Ballot Failure is Widespread

The Wall Street Journal reports:

Justice Department lawyers are asking a federal judge to move up the date of New York state’s primary election because, they argue, local election officials have abjectly failed to mail ballots in time to military personnel and other Americans overseas.


In court papers, federal lawyers charge that more than half the counties in the state—far more than previously thought—failed to meet the deadline for 2010 general-election ballots to go out. As a result, more than 1,000 ballots from New Yorkers overseas were not received in time to be counted.


The state’s election calendar “remains fundamentally incompatible” with the federal law to ensure military ballots are counted, Justice Department lawyer Richard Dellheim wrote in papers filed late Monday. A spokesman said the state Board of Elections was still reviewing the papers.


The submission to Judge Gary Sharpe in Albany is the clearest sign yet that New York is unlikely to obtain a waiver from the federal government that would grant it extra time to send out military ballots. The court filing also puts more pressure on the state Legislature to pass its own law to move up the primary.

… Since a court-ordered decree in 2010, the Justice Department has determined that 33 of New York’s 62 counties failed to send out the ballots by an Oct. 1, 2010, deadline. At least 13 of those counties sent out the ballots after the extended deadline of Oct. 10.

Obama v. Perry: Justice Department Challenges Texas Redistricting Map

The twitter message from Real Clear Politics and the National Journal article:

There should be no real surprise that the Obama DoJ is trying to cause as much mischief as possible for Texas and have “expressed concern” on the redistricting plan submitted to court.  While DoJ failed to provide any details to back up their objection in their pleading, they will need to do so promptly as the DC District Court will ultimately decide whether the redistricting plan is legal or not.

While some will debate whether the battle over Texas redistricting and voter ID can be simplified into a “Perry v. Obama” battle, one should ask Thomas Perez, the Assistant Attorney General for Civil Rights, who brought in a large number of left wing attorneys into the Voting Section specifically to fight redistricting battles on behalf of the administration.

And Texans, please don’t be surprised when the Voting Section begins the stall maneuver on voter ID, trying to run out the clock on next years elections calendar, first voicing their concerns and requesting more information, more delays, the bob and weave, and eventually objecting to the Texas voter ID law.  DoJ will play partisan politics and Texas will end up going to court on Voter ID to get a fair hearing. 

Roll Call also reports on the gleeful response of Anglo Congressman Lloyd Doggett who is battling (with DoJ cover) not be forced into a majority Hispanic seat:

“Texas Democrats rejoiced in the Justice Department’s announcement. Rep. Lloyd Doggett (D) is the GOP’s top target under the new lines adopted earlier this
year. If they are upheld, he will likely be forced to run in a nearby
heavily Hispanic district. But Doggett indicated Monday that he believes
legal proceedings will change the shape of the new 35th district.

“Whether
or not proposed CD 35, which contains the largest number of my current
constituents, is specifically declared illegal, I believe that it may
well be changed by necessary corrections to adjacent Congressional
districts,” he said.”

Prediction:  DoJ will argue that they want an additional Hispanic seat created; just not the new Hispanic seat that Doggett would have to run in.

Injustice releases October 4

You may have noticed over there on the left side of the page, (<—-) a link to pre-order my new Regnery book Injustice.  I can’t thank our friends enough who have already written about the book without even having seen it.  At least they spelled the name of the book correctly, and hopefully all future articles will continue to at least spell the name of the book correctly.  It is great to be with a publishing house like Regnery with their long history of promoting individual liberty and good government.  Being published by the the same publisher that published William F. Buckley’s first book, God and Man at Yale, as well as other great books and authors over the last 50 years is quite an honor.

There will be plenty of time to discuss what’s in the book, but suffice to say it deals with voter fraud, the Justice Department and our electoral system. Most of all, it is about the importance of the rule of law.  I will be out and about in the weeks and months after the book is released, perhaps to a city near you. I will try to post a schedule as it becomes known.  I can promise one thing about the book, if you care about elections, the rule of law, and the integrity of the system, you will enjoy the book.  Stay tuned.

Justin Levitt and Ed Still on bypassing DOJ

No surprise here.  In the Birmingham News, Justin Levitt and Ed Still wonder why Alabama went straight to court.  The court-costs-too-much and partisan talking points are featured prominently.  The reporter at the Birmingham News (Mary Orndorff) did not speak with anyone who could provide contrary background on why going straight to court is the better option for Alabama.  Instead, three critics of Alabama’s decision are cited.  I will detail some of the reasons why states cannot expect a fair review by submitting plans to Justice in my forthcoming book, Injustice.