voting rights

4th Circuit Court of Appeals panel is skeptical of North Carolina’s ‘most restrictive voting law in the nation’

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Back in April I posted that a North Carolina Judge upholds that states’ ‘most restrictive voting law in the nation’.

The 4th Circuit Court of Appeals expediting the appeal of this case, and oral argument was heard today by a three judge panel. Federal appeals court skeptical of North Carolina voting restrictions:

WillimaBarberWide-ranging restrictions on voting in North Carolina came under attack as racially discriminatory in a federal appeals court Tuesday, with one judge saying the legislature’s rush to impose limits after getting a green light from the Supreme Court “looks pretty bad to me.”

The law is the most expansive of any passed after the high court’s 5-4 ruling in 2013 freed mostly Southern states from needing federal approval before changing their election procedures.

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Ari Berman: No, the Democratic primaries were not ‘rigged’

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Ari Berman of The Nation is one of the premiere election reporters in the nation. Berman has a lengthy analysis at The Nation debunking the silly conspiracy theory that the Democratic primaries were “rigged.” I would encourage you to read the entire piece. Here are the highlights. The Democratic Primary Wasn’t Rigged | The Nation:

Screenshot from 2016-02-11 12:39:46Hillary Clinton won the Democratic presidential primary by 387 pledged delegates and 3.7 million votes.

Despite this large margin, some of Bernie Sanders’s most strident supporters have attributed Clinton’s lead to foul play, alleging that the Democratic Party’s nominating rules cost Sanders the nomination and the Clinton campaign deliberately suppressed pro-Bernie votes. These claims, which have circulated widely online, are false. My colleague Joshua Holland, who supports Sanders, has extensively debunked many of these conspiracy theories, but I want to add more detail now that the primary is over. (I’ve been neutral throughout the race and do not endorse candidates.)

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IOKIYAR: Secretary of State Michele Reagan not accountable for violating the law

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When Congress uses the word “shall,” it intends to create a mandatory obligation. That was the unanimous conclusion of the U.S. Supreme Court this week in the case of Kingdomware Technologies, Inc. v. U.S. (opinion). “Shall,” the Court emphasized, was meant as “a command.”

This is one of the cardinal rules of statutory interpretation. It applies not only to acts of Congress, but to state legislative acts as well.

A couple of weeks ago I posted New complaint filed against Secretary of State Michele Reagan – will the AG Act this time?

This week we learned “Oops! … I did it again.” Reagan’s office skips election manual:

MicheleReaganSecretary of State Michele Reagan did not compile a new election procedures manual for the 2016 cycle, perhaps the first time in decades, if not longer, that the office did not release the biennial publication that instructs county and local officials on the conduct of elections.

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State law requires the secretary of state to submit the manual for review to the attorney general and governor “not fewer than ninety days before each election,” a deadline that has already passed for the 2016 primary election. The manual must be issued no less than 30 days before each election, which some county election officials say is no longer feasible.

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[T]he law says: “Such rules shall be prescribed in an official instructions and procedures manual to be issued not later than thirty days prior to each election. Prior to its issuance, the manual shall be approved by the governor and the attorney general. The secretary of state shall submit the manual to the governor and the attorney general not fewer than ninety days before each election.”

Not this time.

Reagan’s office has decided it’s not necessary. To her, state law is more of a recommendation than a requirement.

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California’s ‘Top Two Primary’ (Jungle Primary) on Tuesday is a warning for Arizona

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Jonathan Bernstein writes at Bloomberg View about California’s “Top Two Primary” on Tuesday. California’s Election Calamity:

StopTop2California voters are set to vote in their primary on Tuesday, and will suffer the consequences of a serious self-imposed mistake in how they run their state. No, it has nothing to do with the presidential race. The disaster is its “top two” system, in which the candidates for state offices — regardless of party — go on to compete in the general election in November if they finish first and second in the primaries.

The likely perverse result? Voters in November will probably have a choice between two Democrats for an open U.S. Senate seat.

The motivation for the California system was to elevate more moderate politicians than the parties were producing on their own. In practice, at least in the first two election cycles since the change was carried out, the results have not matched reformers’ hopes. Candidates have not been more moderate.

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Federal District Court in Ohio strikes down cuts to early voting and ‘golden week’

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The U.S. District Court for the Southern District of Ohio in a 120-page opinion has held that the deep cuts to Ohio’s early voting days signed into law by Gov. John Kasich (R) are “unconstitutional and…accordingly unenforceable.” Think Progress reports, BREAKING: Major Court Ruling Restores Early Voting Days In Ohio:

VotersJudge Michael Watson sided with the Ohio Democratic Party, which had sued the state for sharply curtailing the number of early voting days. Since President Obama won reelection in 2012, Ohio’s Republican lawmakers and Secretary of State have voted to eliminate the days and times of early voting that were most convenient for those working full time: the weekend before election day, weekday evenings, and what’s known as “Golden Week,” the time about a month before election day when the registration period and the early voting period overlap.

These cuts, the judge wrote, “results in less opportunity for African Americans to participate in the political process than other voters.”

The court ordered the Republican governor and Secretary of State to once again allow voters to begin casting ballots 35 days before November’s presidential election. Republicans may appeal Tuesday’s ruling to the Sixth Circuit Court of Appeals.

But of course … the Columbus Dispatch reports “A DeWine spokesman said the decision — which sided with the state on many issues — will be appealed.”

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