Voting rights bills and lawsuits megathread (Updated: April 27th 2020)

[Virginiá]

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In Alabama, federal intervention protects minority rights
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https://www.washingtonpost.com/opinions/in-alabama-federal-intervention-protects-minority-rights/2017/01/07/7286ce48-d217-11e6-a783-cd3fa950f2fd_story.html?utm_term=.77436e29bf57

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The hours still seem incredibly measly, but it's better than before. You can't require documents/IDs then make it virtually impossible to get them because only one office is open nearby one day of the month. Some people may have to make multiple trips, yet that is not reasonably possible with those kinds of hours.

My view is that if you want to require IDs to vote but can't afford to fund services that provide said IDs, then you need to repeal the ID requirement or find a way to pay for it. It's a no-brainer. I'm sure AL GOP lawmakers understood this just fine, though.

[Virginiá]

How about allowing people to switch parties within 6 months of a primary in NY?

Yes, as I recall that is reflected in the voting plans from both him and the NY AG.

And California approved same day registration 5 years ago, but never implemented it. Where is it? Alex Padilla is a joke.

You're right - it is a joke that it took this long. The thing is, that law (and others like automatic voter registration in '15) were passed with a provision that they only come into effect the year after the statewide voting system VoteCal is finished/comes online, and being a govt IT project which naturally is mismanaged to death, it literally took about 10+ years to get it done. Alex Padilla only took office in 2015, and the system was finished in early 2016. It's not even remotely his fault. VoteCal and SDR were passed/started long before he took office. If anything you might say he got it back on track.

[Virginiá]

North Carolina special elections for redrawn districts in 2017 on hold per SCOTUS order

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Federal judge orders North Carolina legislative maps redrawn by March, special election in in Nov 2017
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http://abcnews.go.com/US/wireStory/judges-order-legislative-maps-march-special-election-43860290

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If this order is upheld on appeal to the USSC, it will give Democrats another chance to weaken the Republican supermajority in the legislature only 1 year from now instead of 2. This time it will be one year into Trump's presidency, where, if he finds himself embroiled in scandal and/or remains deeply unpopular, might have a negative effect on Republicans in this election.

Further, given that the court is having the legislature redraw it (aka the legislature that rigged the maps in the first place), the plaintiffs may be able to file another lawsuit if the GOP tries to maintain equally awful districts.

Also, and I'm not sure if this would idea would work, but since the map is being redrawn, if the legislature continues to gerrymander in their favor, challengers may be able to bring a new lawsuit in state court, but this time under the new 4-3 Democratic State Supreme Court majority (as per Morgan's successful judicial election). I'd like to think that if this worked, they could finally force court-drawn non-partisan maps by 2018. That could open up a possible chance to take back one of the legislature chambers in time for the next round of redistricting in 2021-2022.

If anyone has any thoughts on that last idea, feel free to weigh in!

SCOTUS has issued a temporary stay on the 4th circuit's order for 2017 NC special elections. I'm not sure if this means NC doesn't have to redraw the map, or just that it has to by 2018 instead of March 2017.

It's possible this gets resolved in time for the NC special elections to still occur this year.

https://www.supremecourt.gov/orders/courtorders/011017zr_k5gm.pdf

[Virginiá]

Iowa Secretary of State Paul Pate pushes voter ID plan, but resists photo ID requirement

http://www.desmoinesregister.com/story/news/politics/2017/01/12/voter-id-plan-isnt-aimed-election-fraud-pate-says/96504508/

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His plan sounds more reasonable, and it is nice to see a Republican not insisting on photo IDs for once. If his plan really does call for reaching out to most people without IDs and providing them one suited for voting, then that is something I can get on board with.

However, how much sway does he really have in this debate? He is the state SoS, and legislators can just pass their photo ID requirements regardless of what he thinks. Anyway, we'll see!

[Virginiá]

New Mexico legislature planning to put automatic voter registration amendment before the people in 2018
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http://www.demos.org/press-release/groups-praise-automatic-voter-registration-constitutional-amendment-increase-voter-acc

As I predicted late last year, the NM legislature appears to be moving to get automatic voter registration implemented before 2020 by referring it to the ballot in 2018. As a loyal Republican, Martinez won't sign any bill that makes voting notably easier, so this is the only way while she is in office. I don't know if this particular amendment will see action soon or even at all, but I think it signals the intent of the legislature, whether it is now or early 2018.

Here is the amendment text:
https://www.nmlegis.gov/Sessions/17%20Regular/resolutions/house/HJR04.html

Also note this:

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This would require the state to offer election day registration as well. If the goal is to promote maximum voter access, automatic voter registration is best implemented with election day registration, as it allows anyone missed by AVR to still vote, but without causing the long lines SDR can sometimes cause.

[Virginiá]

Iowa considers restrictive photo ID bills in addition to more broad reform, including ending same day registration
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http://www.bleedingheartland.com/2017/01/31/read-iowa-secretary-of-state-paul-pates-draft-voter-id-and-election-reform-bills/

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As I stated last year, with complete control of the state government, Iowa Republicans are moving to try and lock in their majorities via voter suppression, as is standard practice among new GOP state majorities.

Even the Iowa SoS is pushing for non-photo voter ID, and ending SDR does nothing to prevent fraud, especially considering that they already require an ID to register on election day.

[Virginiá]

Virginia GOP-controlled Senate passes felony disenfranchisement reform amendment that strips some rights restoration power from Gov, while automating other restorations

* additional amendment aims to allow GOP to usurp potential Democratic power by giving legislature ability to overturn executive regulations by simple majority vote
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https://www.washingtonpost.com/local/virginia-politics/gop-legislature-moves-to-wrest-regulatory-power-from-va-governor/2017/02/07/368dac82-ecc4-11e6-b4ff-ac2cf509efe5_story.html

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Update (Feb 11th) Upon further review of the amendment summary/text, I have amended my response as follows:

1. Republicans have crafted this amendment to grant the General Assembly the ability to craft virtually unlimited new criteria for rights restoration via statute, meaning they can essentially prevent any mass rights restoration indefinitely, assuming they have a unified government to preempt a future Democratic administration. This was probably their intention - give themselves the ability to adapt to new situations where Democratic felons might actually get their rights back. If the legislature majority party wasn't full of people willing to suppress voting to win, I'd be largely indifferent to this provision. Since it's not, I have to disagree with their goals here.

2. The criteria that felons pay full court fees, restitution and any other fines in order to vote almost seems like a poll tax. I wouldn't be surprised if this was able to be litigated in federal court.

Overall, after further study on this, I'm not sure it is fair to call this anything else other than what it is: an attempt by the GOP to restrict the franchise for felons and prevent Democratic governors from restoring rights to any sizable majority of people. Should this pass, it would give the GA the ability to create nearly unlimited new restrictions and by forcing violent felons to apply to get their rights back, after waiting 5 years and paying fines/fees/etc, it will result in the vast majority of violent felons never getting their rights back - which is exactly what the VA GOP wants.

Amendment text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SJ223ES2+pdf



Update on McAulife voting rights restoration actions: Gov McAuliffe has so far, by Jan 2017, restored voting rights to 140,000 felons. This is close to his initial goal of 200,000 felons, which will, at this rate, definitely be completed before this year's state elections, in time for these felons to be registered.

http://www.nbc29.com/story/34203534/governor-mcauliffe-provides-update-on-restoration-of-rights-numbers

I think it should probably go without saying that 200,000 felons getting their rights back will probably give a boost to the Democratic Gov. nominee. Even at a somewhat conservative registration/vote rate of 20% of the 200,000 felons, that is still 40,000 more voters. In a state where 53% of all felons are African American, Democrats can expect to benefit the most from these restorations.

I also must state that 53% of all felons being African American in a state where African Americans are only 19.7% of the population, something is deeply wrong and politicians who allow such a blatantly discriminatory criminal justice system to continue should be ashamed of themselves.




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Also, not voting-related, but here Virginia Republicans are following the NCGOP playbook and using what power they do have to try and shift more power from the Governor's office to the legislature. They probably realize that they are going to increasingly be marginalized in the state, so what better way to cling to power than to give them easy vetoes over the Governor's regulatory agenda!

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(from same WaPo article)

This amendment would also need to be approved by the HoD, and then approved again by the entire legislature in 2018, where it would then go on the 2018 ballot. The same goes for the felony disenfranchisement amendment above.

[Virginiá]

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California aims to make election day a state holiday
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http://www.mercurynews.com/2017/02/16/california-bill-would-make-election-day-a-state-holiday/

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Normally I wouldn't post things like this, but California has been extremely progressive with expanding voter access since 2012, so on that alone, the chances this becomes law are pretty significant imo.

However, I am a bit torn on this. How many private businesses will close to encourage voting? Unless the govt provides some incentive, whether it be tax breaks or something else, I don't see it having much effect. Instead, this mainly gives public workers more chances to vote. It's something, but not enough.

On the other hand, one must applaud California for the work it has done expanding the franchise over the years. Aside from big-ticket policy like auto/same day registration, CA has passed numerous smaller changes similar to this that alone, may not seem like much, but together combine to make a more substantial difference.


Also, at the bottom:

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[Virginiá]

So, this from ELB regarding NC's appeal on voter suppression bill ruling:

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Filing


This would be fantastic. Dismissal means the 4th circuit's decision stands and the omnibus election reform voter suppression bill remains gutted. Given the split bench on whether to take an emergency request from McCrory prior to the election, it's not hard to see a 5-4 majority reversing at least parts of the original order.

Also, I'd also like to note that even if the voter ID provision got reinstated down the line, there is still a case playing out in state court that could see the State Supreme Court ruling voter ID as unconstitutional in NC. Since the State Supreme Court majority flipped to Democrats this year, that kind of ruling is very much possible.

[Virginiá]

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Montana Republicans submit bill for all-mail special elections, MT GOP Chair submits letter urging them to table it since it might help Democrats
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http://thedailybanter.com/2017/02/republican-admits-voter-suppression-tactics/

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Essman submitted a letter to the party, which included this:

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And Republicans wonder why Democrats think you are constantly trying to suppress their ability to vote when you pass bills that conveniently make it harder to vote, or consistently table just about any bill that could make it even a little bit easier.

Also, I suppose so much for "fiscally responsible." They would rather spend hundreds of thousands of dollars they don't seem to have than do anything that would give Democrats a tiny boost in a race they probably won't even win.

[Virginiá]

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SCOTUS says lower court must reevaluate Virginia HoD districts that it previously ruled were constitutional
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http://www.politico.com/story/2017/03/virginia-gerrymandering-supreme-court-235565

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[Virginiá]

http://www.dailykos.com/story/2017/02/28/1638698/-Court-allows-challenge-against-Virginia-s-state-legislative-gerrymanders-to-proceed

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Virginia State Court allows separate gerrymandering lawsuit to go forward against various HoD and Senate districts. There are now 2 lawsuits (1 fed/1 state) in play against Virginia's legislative map(s).

[Virginiá]

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Homeless coalitions petition U.S. Supreme Court to protect voters from disenfranchisement over trivial errors
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http://www.chandralaw.com/blog/2017/03/homeless-coalitions-petition-us-supreme-court-to-ensure-voters-can-protect-themselves-from-assaults.shtml

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This has got to be one of the more ridiculous voting restrictions I have seen. The level of nitpicking here is almost a symbol of the GOP's position on voting in general.

[Virginiá]

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Breaking: District Court, Splitting 2-1, Finds Some Texas Congressional Districts Violate Voting Rights Act or Constitution
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http://electionlawblog.org/?p=91545

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Opinion:

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Been waiting a long time for this!

[Virginiá]

http://www.dailykos.com/story/2017/03/13/1642869/-This-New-Mexico-Democrat-keeps-blocking-efforts-to-expand-voting-rights-Who-will-primary-her

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This is one instance where I think an aggressive primary challenge is in order. The last thing we need right now is a Democrat from a safe district siding with Republicans in their quest to keep voter turnout as low as possible. From my perspective - either she gets up to speed with her party on basic values such as this or she needs to go.

Although, I wonder, can't they just boot her out of that committee, or at least bypass it? Regardless of her views on this issue, she shouldn't be holding up legislation to expand voter access. She should be smart enough to know her views are out of step with the party, and thus should at least give the chamber a chance to vote on it. She can vote no, but don't use her power to prevent it from ever getting a proper vote.

Also worth noting here that Gov. Martinez will probably veto it, but even after 2018, if Democrats get unified control, Rodella will still need to be dealt with if she continues to hold that seat/committee assignment.

[Virginiá]

Illinois legislature takes another crack at automatic voter registration (this time slightly less automatic)

https://www.usnews.com/news/best-states/illinois/articles/2017-03-15/illinois-lawmakers-revive-automatic-voter-registration-push

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Of course Rauner will probably still veto this. It's unlikely his primary concern(s) were related to the bill's specifics but rather his chances at reelection. Suffice to say, the best way to get him to sign this would be to delay it until Jan 2019.


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Sandoval gets say on automatic voter registration in Nevada

http://mynews4.com/news/politics/sandoval-gets-say-on-automatic-voter-registration-in-nevada

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We'll see some results on this soon. Since he will be leaving office, I'd think that increases the odds of him signing it a tiny bit, but in all likelihood he'll do what most Republicans do nationwide - reject it to keep turnout as low as possible so as to help elect more Republicans.

[Virginiá]

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Sandoval vetoes automatic voter registration bill, sending proposal to be approved by voters in 2018
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https://www.usnews.com/news/best-states/nevada/articles/2017-03-21/sandoval-sends-automatic-voter-registration-to-2018-ballot

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Sometimes I wish these guys would just come out with it and say why they are really vetoing it: "This bill could encourage more people to vote, and because many of them would probably be more Democrat-leaning, I am vetoing this to help my Republican buddies win more elections."

Regarding his concerns:

1. "Undermines peoples' right to register" - What difference does this make? State or federal govt already has the information of American citizens, so it's not like there is a risk there. And if someone gets registered - big deal! It's their choice to go vote or not. This simply makes sure they are prepared to do so with no extra effort on their part. This is really one of the weaker excuses, imo. It's not grounds for vetoing a bill in a country/state that suffers from perpetually low turnout, especially during midterm elections.

2. "He also says it could unintentionally lead to ineligible voters getting on the rolls" - Uh, so instead of proposing ways to mitigate that problem, he just vetoes the whole bill? Nevada already requires some sort of identification for first time voters if they registered via computer or mail, and the state could have easily extended that to AVR registrants. This would ensure that even if some ineligible voters get on the rolls, they are vetted more thoroughly if they try to vote:

https://b.3cdn.net/advancement/4683c27dcddddf627c_t7m6iyxnh.pdf

I just find it so ridiculous that many Republicans can't tolerate even tiny amounts of voter fraud, yet are just fine tolerating the thousands of people their never-ending voting restrictions disenfranchises, as if preventing 1 case of fraud per election is worth preventing a thousand+ legitimate voters from voting.

[Virginiá]

I didn't want to make a new thread for this but I also really wanted to post it, so:

Ex-head of Colorado Republicans charged with voter fraud

http://www.reuters.com/article/us-colorado-voterfraud-idUSKBN16T37X

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[Virginiá]

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George legislature passes bill to throw out voter registrations with minor errors
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http://wdef.com/2017/03/30/latest-georgia-lawmakers-back-voter-registration-bill/

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There are a slew of other voting measures moving their way through legislatures, so I'll just post this and will update thread when/if more of these actually gets sent to the gov's desk/signed into law

http://www.dailykos.com/stories/2017/4/1/1649147/-Voting-Rights-Roundup-Maryland-Dems-pass-redistricting-reform-but-only-if-nearby-GOP-states-do-too

Although this is worth mentioning right now as it's almost guaranteed to be enacted given the partisan composition of the legislature:

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[Virginiá]

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Felony disenfranchisement reform initiative clears FL Supreme Court review
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http://www.tampabay.com/blogs/the-buzz-florida-politics/voter-restoration-amendment-clears-legal-hurdle-at-high-court/2321032

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This initiative still needs over 750,000 signatures by Feb 2018 to appear on the ballot next year. I'm very much hoping this passes. Nearly 1 in 4 African American adults are prohibited from voting, and 10% of Florida's adult population. It's absurd, and I must say, from a partisan standpoint, Democrats are idiots to have not pushed for this a long time ago. A few million in getting an initiative like this passed would have expanded the electorate in such a way that is more beneficial long-term than spending a few million in ads.

[Virginiá]

If they get this signatures it will also take a 60% threshold, correct?

Yes. I haven't seen polls on this, but I think it could probably get that. Then again, it depends how big the GOP response to it is. This could threaten Republican electoral prospects in FL, so I expect there to be not-insignificant pushback, no doubt throwing lies and fear-mongering ("RAPISTS WILL VOTE FOR MORE RAPE" etc)

But, on the sunny side, getting 60% also means it becomes part of the state constitution and not subject to quick & easy legislative tampering.

[Virginiá]

Va. Gov. McAuliffe says he has broken U.S. record for restoring voting rights

https://www.washingtonpost.com/local/virginia-politics/va-gov-mcauliffe-says-he-has-broken-us-record-for-restoring-voting-rights/2017/04/27/55b5591a-2b8b-11e7-be51-b3fc6ff7faee_story.html?utm_term=.f1bffb0f1e93

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Given the current pace, McAuliffe seems on track to restoring voting rights to all of his target of 200,000 felons before the November election's voter registration deadline.

Also, regarding whether these voters would actually vote, I believe existing studies have pegged turnout at around 15% - 25%, which may be helped due to McAuliffe sending voter registration forms with the notifications of rights restoration sent to each felon.

[Virginiá]

Rauner got BTFO

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I am still a little skeptical that it will eventually be signed into law, mainly because the original version had veto-proof support (iirc), only for Republicans to run away from the bill once Rauner vetoed it. However, that one was a purely partisan bill I think, and this new version has been rejiggered with contributions from Republicans, so if it can sync up with the House version, I don't see why it shouldn't pass.

Calling muon2!

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Also, for the record, the Senate version at least has an activation date of July 2018:

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=1933&GAID=14&LegID=105253&SpecSess=&Session=

Which means people will begin getting auto-registered months before the general election. This is noteworthy because (1) it will affect the midterm election, and (2) Rauner wanted the law to go into effect in 2019, so as to not hurt his chances at reelection. We'll have see where this goes.

[Virginiá]

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Alabama Legislature approves bill that would restore 'many' felons' voting rights
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http://www.al.com/news/index.ssf/2017/05/alabama_legislature_approves_b.html

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[Virginiá]

Also there are probably 5 votes now to uphold the legality of partisan gerrymanders, which sucks.

Why do you say that?