Alaska: "Senate might have final say if Stevens convicted"

An AP report begins: U.S. Sen. Ted Stevens' political fate could be up to his colleagues if a jury decides the Senate's longest-serving Republican has violated the law.

Stevens is to go on trial after being accused of failing to disclose more than $250,000 in home renovations and gifts from executives at oil services contractor VECO Corp. Stevens has pleaded not guilty.

If Stevens is convicted in his federal trial next month, his name will still appear as the Republican candidate for Senate on Alaska's November election ballot.

And if the 84-year-old Stevens then wins his seventh full term and refuses to resign, it could fall to his colleagues to decide whether he should be expelled. -- Senate might have final say if Stevens convicted - Yahoo! News

Alabama: GOP claims not filing to run is just a "technicality"

A Birmingham News report begins: The Jefferson County Republican Party asked a judge Wednesday to include Andrew Smith's name on the November ballot for the unexpired assistant tax assessor's term in Bessemer although Smith didn't qualify for the spot.

The party is seeking to overturn a decision made in July by Jefferson County Probate Judge Alan King who determined that Smith's name could not be added to the ballot because he missed the qualifying deadline. Smith qualified to run only for the full term. Only Democrat Ron Yarbrough qualified to run for the unexpired term.

Bessemer Division Circuit Judge Eugene Verin said he would issue an order by Tuesday.

In a hearing before Verin, Republican Party lawyer Greg Cook said a technicality is keeping Smith's name off the ballot for the unexpired term and that miscommunication between Smith and the party "should not override the right of voters to have a choice." -- Jefferson County Republicans still push for Andrew Smith name on tax post ballot - al.com

Alabama: an example of holding an election without preclearance

A Birmingham News report begins: Winners in Tuesday's municipal election in Calera may not be able to take office if the U.S. Justice Department doesn't approve a 2008 redistricting plan before November.

In addition, runoffs between mayoral candidates Bobby Joe Phillips and Jon Graham and District 4 council candidates David Bradshaw and Brad Frasure may not take place in October, city attorney Frank "Butch" Ellis said Wednesday.

The problem stems from a redistricting plan the city submitted to the Justice Department early this year, Ellis said. There was no single district that had a majority of black voters in that plan, he said. "That's the basis of (the Justice Department's) refusal to approve. They think we should have done more to ensure continued black representation," he said. -- Calera's municipal election winners may not be able to take office - al.com

Alaska: timing is everything in the trial and possible replacement of Ted Stevens

The Washington Post reports: Alaska's Republican voters go to the polls Tuesday to decide whether a pair of GOP incumbents with a combined 75 years in Congress should continue to be the dominant figures in state politics as they battle criminal investigations.

Sen. Ted Stevens, who was indicted last month on charges of failing to disclose favors from a wealthy supporter, and Rep. Don Young, who is facing multiple ethics investigations, face younger Republicans who contend that it's time for Alaska to move beyond the scandals that have plagued the state. ...

The Stevens race presents Republicans with the most delicate problem. Charged with failing to report more than $250,000 in gifts from former Veco chief executive Bill Allen Jr., Stevens is slated to go on trial Sept. 22. If he wins Tuesday's primary, Stevens would face a tough general-election battle against Anchorage Mayor Mark Begich (D) but would have to spend most of the final days of the campaign in a D.C. federal court. Prosecutors and defense attorneys have said they expect the case to take at least four weeks before it goes to a jury.

Marc Elias, a Democratic election lawyer, said Republicans would have until mid-September under Alaska law to replace Stevens on the ballot if he wins the primary. Otherwise, they face the prospect of having a convicted felon on the ballot Nov. 4. -- Alaskans Vote Today in Pivotal Republican Primaries - washingtonpost.com

Maine: Justice Souter refuses to place independent candidate on ballot

SCOTUSblog reports: Supreme Court Justice David H. Souter, in a brief order Wednesday afternoon, turned down a request that would have given an independent candidate in Maine for the U.S. Senate a place on the Nov. 4 ballot for that office. Souter acted without referring the stay application to his colleagues. There was no written opinion, just a simple denial order. The Justice’s action appears to assure the state’s two major party candidates, incumbent Sen. Susan Collins, a Republican, and her Democratic challenger, Rep. Tom Allen, that they will not have to worry about an independent drawing votes away from them. Sen. Collins is considered by political analysts to be one of the vulnerable GOP Senators seeking reelection. Hoffman’s counsel could still go ahead with plans to file a full appeal on the ballot access issue, but Souter’s action probably reduces significantly the chances that such an appeal would succeed, or that a final ruling could come in time. Maine officials say the ballot must be finalized by Aug. 29. -- UPDATE: Souter refuses to order ballot access

Louisiana: FEC says Vitter can't use campaign funds for paying legal fees

The Hill reports: Sen. David Vitter (R-La.) will not be able to use campaign funds to pay for more than $160,000 in legal fees incurred because of his involvement in the D.C. Madam scandal, according to a draft opinion released by the Federal Election Commission (FEC).

Vitter has already spent $70,000 of his own money on legal bills and has asked about the possibility of reimbursing himself and paying the rest of his bills with campaign funds.

The FEC’s draft opinion, published Wednesday, however, allows Vitter to use campaign funds to pay for $31,000 in legal expenses related to a Senate Ethics Committee investigation arising from his link to Deborah Jeane Palfrey, the D.C. Madam.

Vitter became embroiled in the scandal after his telephone number was discovered among Palfrey’s records. -- Vitter cannot use campaign funds to pay legal fees

Democrats to look at role of superdelegates and caucuses

An AP report begins: Democratic Party leaders want to regain control of the primary calendar and reduce the number of superdelegates through a new commission announced Wednesday.

They also want to review the caucus system, which presumed nominee Barack Obama used so successfully this year. The commission would work over the next year and make recommendations by January 2010.

All the issues are potentially troublesome, with few easy solutions.

Officials said the commission would be formed at the party convention in Denver. The convention's rules committee will take up the matter at a meeting Saturday, two days before the convention starts. -- Talking Points Memo | Democrats to review nominating process

Michigan: court may rule today on "Reform Michigan Government Now" initiative

A Detroit News report begins: A three-judge panel of the Michigan Court of Appeals could decide as early as today whether a far-reaching constitutional amendment that impacts all three branches of government should be allowed to appear on the November ballot.

The judges heard testimony Tuesday on a challenge brought by the Michigan Chamber of Commerce and others, asking the court to declare the Reform Michigan Government Now proposal ineligible for the ballot because of the sweeping changes its passage would usher in.

Court watchers expect the appellate panel -- Judges Bill Schuette, William Whitbeck and Patrick Meter -- to announce a decision before 10 a.m. Thursday, when the Board of State Canvassers is scheduled to meet to decide whether the plan should be placed before voters. -- Judges to rule on state reform

Hawai'i: voters must pick party on primary ballots

An AP report begins: Hawaii voters for the first time must pick a political party when voting in this year's primary election, a requirement that election officials hope will result in fewer ballots being thrown out.

But members of both the Democratic and Republican parties worry that voters could get confused during the Sept. 20 primary, resulting in their votes not being tallied correctly. ...

Voters in Hawaii, as in most states, have always only voted for one party's candidates in primary elections, which are used to narrow each party's candidates to one per race before the Nov. 4 general election.

The 2008 election is different because voters will have to choose a political party before filling out the rest of the ballot. In previous years, voters were handed ballots color-coded by party; this year, everyone fills out the same white ballot. -- The Associated Press: Hawaii ballots add pick-a-party box

Alabama: Jefferson Co. probate judge asks for AG opinion on holding sewer referendum

A Birmingham News report begins: A Jefferson County probate court judge on Monday asked Attorney General Troy King whether the county can hold a nonbinding advisory election to consider solutions to the sewer debt crisis.

The Office of the Attorney General has issued previous opinions that counties don't have the authority to include an advisory referendum on a ballot.

The county is asking residents to vote Nov. 4 whether they prefer filing the largest municipal bankruptcy on record or taking other measures to avoid defaulting on the county's $3.2 billion sewer debt.

Judge Alan King sent a one-page letter to the attorney general's office asking:

"Does Jefferson County have the legal authority to include an advisory referendum on the general election ballot absent specific legislative authority, or otherwise."

"If Jefferson County has the legal authority, does Jefferson County have the authority to pay additional costs, if any, such as the printing of ballots, that are associated with the referendum?" -- Judge asks Attorney General King if Jefferson County can hold sewer debt vote - al.com

Maine: independent candidate asks Justice Souter for a chance to get on the ballot

A ScotusBlog post begins: Supreme Court Justice David H. Souter has asked the state of Maine and the state Democratic Party chairman to supply their views on the right of an independent candidate for U.S. Senate to have his nominating petition signatures accepted so that he can get on the November election ballot. In an order issued Friday (found here), Souter — in his role as Circuit Justice for the area that includes Maine — sought responses to First Amendment issues raised by the non-party candidate, Herbert J. Hoffman, and told all of the lawyers involved to discuss what kind of legal remedy, if any, should be available to Hoffman. Those filings are due Tuesday.

Souter has the authority to act alone, but also may choose to share the issue with his colleagues.

In an application (08A138) filed Thursday seeking an order to block a Maine Supreme Court ruling of July 28, Hoffman contended that he has submitted 4,038 valid signatures on nominating petitions — over the 4,000 minimum required by state law. But, because of the state court decision, throwing out three separate petitions that each included only a single invalid signature, he would wind up with a total of only 3, 929, and thus would be barred from the ballot.

The state ruling, Hoffman’s application argued, violates the First Amendment right of political expression of himself and voters who support him, the right to gather politically to support a candidate, and the actual right to vote. -- Souter probes Maine ballot access issue

Alabama: drive to register the homeless

A Montgomery Advertiser report begins: John Cook Thomas would like to cast his vote in the November election for Barack Obama. ...

Despite living in the Salvation Army's homeless shelter, Thomas pays attention to politics and he plans to register to vote.

And advocates for the homeless and for voting are encouraging people like Thomas to get registered.

"When you're homeless you have a lot of issues you're dealing with," said Michael Stoops, project director for the 'You Don't Need a Home to Vote' campaign. "But some homeless folks are up on current events."

Thomas is one of those who keep up with current events in spite of the other problems in his life. He came to live in the shelter almost four months ago after his disability check was reduced. But he's aware the outcome of the presidential election does have an impact on his life. -- montgomeryadvertiser.com | Montgomery Advertiser

Alabama: county commissioner cleared of Hatch Act problems

A Troy Messenger report begins: After months of investigation for an alleged federal election law violation, District 3 Pike County Commissioner Jimmy Barron has been cleared to run for reelection.

"We conclude that you were not covered by the Hatch Act during your 2004 candidacy for County Commissioner, nor are you currently in a Hatch Act covered position," read a letter from Johanna Oliver, an attorney for the Hatch Act Unit of the U.S. Office of Special Council. "Therefore, you are not prohibited from being a candidate in a partisan election."

Barron was first notified he may be in violation of the Hatch Act - an act that prevents certain state and federal employees from holding office - before the party primary elections in May. Friday, he was notified he could still hold office and run for reelection.

Barron works as a traffic signal technician for the Alabama Department of Transportation. -- Barron cleared in Hatch Act probe :: The Troy Messenger

The case for reform of the caucuses

TalkLeft publishes a paper on the need for Democratic caucus reform. It concludes: It's time for the Democratic Party to demand reforms in the caucus process -- ie, more inclusion, fixing the security breaches in the internal proceedings and producing exact, certified vote counts with a clear audit trail --and if the state Parties are not willing to implement the reforms then frankly they should get out of the elections business. Further, the DNC needs to reconsider and adjust the delegate allocation to be more in-sync with total votes cast so that the election results are closer to one person one vote. Then the will of the majority will not be overturned by the votes of a few.

Moreover, repeatedly in cases challenging the caucus system, the courts have ruled in favor of the state Party instead of upholding the voting rights of the people. It's said that in the absence of legislation, judges become the legislators.

So at a broader level, it's time for Congress to see and understand how caucuses -- as a voting system -- damage democracy through mass disenfranchisement and through gross distortion of election results and to pass legislation to remedy the injustice.

Hopefully, this report will be a call to reform that voters themselves will take to heart and act on by calling the Democratic Party and by contacting their legislators to demand reform. -- 2008 Democratic Presidential Preference Election

Forecast for November: flawed machines will probably count your votes

A New York Times report begins: Flaws in voting machines used by millions of people will not be fixed in time for the presidential election because of a government backlog in testing the machines’ hardware and software, officials say.

The flaws, which have cast doubt on the ability of some machines to provide a consistent and reliable vote count, were supposed to be addressed by the Election Assistance Commission, the federal agency that oversees voting. But commission officials say they will not be able to certify that flawed machines are repaired by the November election, or provide software fixes or upgrades, because of a backlog at the testing laboratories the commission uses. ...

As a result, machine manufacturers and state election officials say states and local jurisdictions are forgoing important software modifications meant to address security and performance concerns. In some cases, election officials in need of new equipment have no choice but to buy machines that lack the current innovations and upgrades.

The federal government does not require that states use machines that the commission certifies, but most states depend on the commission to approve new machines and software, and at least 10 states have rules or laws requiring federal certification. -- Officials Say Flaws at Polls Will Remain in November

"Obama's Felon Disenfranchisement Challenge"

Dan Filler comments on Faculty Lounge about this Washington Post story: The reality is that Obama, like all Democrats, is likely to benefit when convicted offenders are allowed to vote. At the same time, one thing Obama cannot afford is to be seen as a person seeking the felon vote - both because being a friend of criminals is bad political karma and because, in Obama s particular racialized position, this could have the effect of making him look like he s the candidate of Black criminals. This is a complicated position for Democrats. And it s going to get much more complicated as the election approaches.

If past elections are any guide, we can expect Republican election officials to work aggressively to weed out convicted felons from voting rolls. Sometimes - maybe even often - this effort will result in fully eligible voters being expunged from the rolls. Eligible voters will come in different types, most commonly those where there is a name mix-up and those who are convicted felons, but have - for one reason or another - regained the right to vote. But the very act of fighting for the rights of those entitled to vote who have been erroneously disenfranchised a much less politically charged project than Mitchell s work in Florida will trigger many of the complicated issues I ve discussed above. And the very fact that Obama may find it difficult to aggressively advocate for those entitled to vote may embolden Republicans to choose an extra-aggressive expungement strategy.

The Democrats cannot afford to abandon any of these prospective voters. And the Republicans may feel that they cannot afford to underenforce felon disenfranchisement laws - particularly in swing states - since these voters are likely to tilt to the left. But there are risks for everyone - including Republicans, who must worry that expungement strategies will be seen as explicitly designed to suppress African American vote numbers.

Keep your eyes open. I d be very surprised if this issue doesn t rear it s head, perhaps with some intensity, in the weeks before the election. -- The Faculty Lounge: Obama s Felon Disenfranchisement Challenge

Texas: Justice Hecht defends against campaign-finance charge

AP reports: Supreme Court Justice Nathan Hecht, appearing before the Texas Ethics Commission, defended himself Thursday against allegations he broke campaign finance laws by accepting discounted legal fees to fight an abuse of office complaint. ...

Hecht was sanctioned in 2006 by the State Commission on Judicial Conduct, which alleged that he had abused his office by promoting Harriet Miers for a seat on the U.S. Supreme Court. Legal canons bar Texas judges from endorsing candidates for public office, but Hecht was able to get the sanction reversed on appeal by arguing that Miers was not running for elective office.

In the process, Hecht racked up about $440,000 in legal fees. Hecht later told supporters that he had gotten a substantial discount on the fees from attorney Chip Babcock and his firm, Jackson Walker. But a liberal watchdog group, Texas Watch, said Hecht never properly reported a discount totaling about $100,000.

The group filed a sworn complaint, saying the failure to report the cut-rate fees as a campaign gift constitutes a violation of state campaign finance laws. Texas Watch now wants the commission to fine the Republican judge up to $300,000. -- Supreme Court justice defends self at hearing | AP Texas News | Chron.com - Houston Chronicle

AFL-CIO files FEC complaint against Wal-Mart

A New York Times report begins: The A.F.L.-C.I.O and three other pro-labor groups will urge the Federal Election Commission on Thursday to rule that Wal-Mart acted illegally by warning many store managers and department heads that a Democratic victory in November would hurt the company by helping workers unionize.

The pro-labor groups plan to file a complaint with the commission on Thursday asserting that Wal-Mart warned so vigorously that the Democrats would enact pro-union legislation that the company had engaged in illegal express advocacy.

The pro-labor organizations — including the Change to Win Federation, American Rights at Work and WakeUpWalMart.com — argue that federal regulations make it legal for companies to engage in such political advocacy with high-level managers, but not with low-level managers like Wal-Mart’s department heads, who are often hourly employees. ...

In their complaint, the four groups cite an article in The Wall Street Journal, which said that Wal-Mart, the world’s largest retailer, was mobilizing its store managers and department heads around the country to warn that if the Democrats win, they are likely to enact a law that makes it easier for workers to unionize Wal-Mart and other companies. -- Groups to File Complaint Against Wal-Mart

Jurist Paper Chase links to a copy of the complaint.

Alabama: sleeping on a cot seems to be "residency"

A Daily Mountain Eagle report begins: The Aug. 26 municipal elections in Carbon Hill took more confusing turns Wednesday as one candidate got back in the race, another was disqualified and the mayor said he had called a meeting of all city candidates tonight while he awaits to see which set of ballots he can use.

Former mayor James “Pee Wee” Richardson had announced Monday he was getting out of the race after finding out his permanent residence at 366 Nubbin Ridge Road was just out of the city limits. However, he said he changed his mind Wednesday after reading in the Daily Mountain Eagle that District 4 city council candidate Louie Sandlin had a permanent home outside the city limits on 740 Nix Road and was qualifying by staying two or three nights a week on a cot at his convenience store at 2085 Nauvoo Road.

Richardson said based on Sandlin’s statements in the newspaper, he didn’t realize that the rules would allow living for only a few days a month in the city limits. He said he has been doing that already at his mother-in-law’s residence at 111 4th Ave. NW.

“I have never officially told the city that I was out of it,” Richardson said. “I’m still in the race ... I feel I am just as qualified as (Sandlin) is.” -- Richardson back in race for CH mayor; Beasley disqualified

Alabama: Secretary of State takes action to get more former felons registrered

The NAACP Legal Defense Fund recently did a survey of voter registrars in Alabama and found that few of them knew the correct rules as to the registration of voters who had been convicted of felonies. In response, the Secretary of State's office has taken action:

1. Writing to "every voter registrar, informing them that we had received correspondence alleging that in some counties, voter registrars were not following the guidelines set forth in the Attorney General Opinion 2005-092";

2. Enclosing "in the letter to the registrars a statement to be signed by each registrar acknowledging that he or she had read the opinion (a copy of which was included in our letter) and further acknowledging that the registrar agreed to abide by that opinion's guidelines"; and

3. "[F]urther instruct[ing] the registrars to contact the Secretary's chief legal advisor in the event that they had any question as to whether a specific felony is a crime involving moral turpitude."

The letters are attached. Congratulations to the folks at LDF and thanks to Secretary of State Beth Chapman.

CLC to prepare generic legal docs for election-protection groups

From the Campaign Legal Center: The Campaign Legal Center today launched the Voters’ Rights Protection Project, to provide generic drafts of potential court filings to individuals, organizations, and political parties who must resort to the courts to protect the fundamental rights of citizens to vote. In a letter today to both major parties and copies to the respective presidential campaigns (full text below), the Legal Center announced the project and said it would make the legal templates publicly available. Information announcing the project is also being sent to national, state, and local party committees, as well as third party organizations and numerous community and grassroots organizations from coast to coast.

“The legal documents being drafted by the Legal Center will facilitate and expedite the process of securing court orders against those state or local election officials or others who take actions harmful to the electorate,” said J. Gerald Hebert, Executive Director and Director of Litigation for the Campaign Legal Center

The use of such legal templates, will allow individuals, as well as advocacy groups, political parties, and candidates to obtain pre-election or Election Day relief for a host of problems, including extension of polling hours, insufficient ballots, and prevention of voter harassment or intimidation. -- Election Day Voter Protection Initiative Launched

Alabama: Mobile probate judge asks for ruling on late filing of ethics-disclosure forms

The Mobile Press Register reports: Mobile County Probate Judge Don Davis on Tuesday said he has filed a complaint asking Circuit Court judges to decide whether three local candidates should be taken off the ballot for violating the state's ethics code. ...

Davis, a Republican, said that the complaint notes that an official with the Alabama Ethics Commission said that Manzie, Crenshaw and Law did not comply with state law in filing a campaign finance form by the deadline. ...

Among other things, the candidates were accused of filing their statement of economic interests with the Alabama Ethics Commission late or not at all.

Candidates must file that statement with the Montgomery-based commission within five days of qualifying, according to Jim Sumner of the Ethics Commission.

But Manzie and Crenshaw said they were told by local Democratic Party officials and state election officials that the statement of economic interests was due by April 30, which is the date written on the form itself.

Both filed April 11. But according to testimony during the hearing, Manzie became a candidate Jan. 15 and Crenshaw on March 20, which means they would have missed the five-day threshold. -- Probate judge requests ruling - al.com

GOP training lawyers to "voter fraud"

The Wall Street Journal report begins: As Barack Obama tries to draw hundreds of thousands of new voters to the polls, Republicans are beginning to scrutinize registrants' eligibility as both sides draw a major battle line over voting rights.

Republicans are moving to examine surges in voter registrations in some states. A Republican lawyers group held a national training session on election law over the weekend that included campaign attorneys for Sen. John McCain and other Republican leaders. One session discussed how party operatives can identify and respond to instances of voter fraud. ...

Obama campaign general counsel Bob Bauer last Tuesday said in a memorandum to campaign supporters that their own voter legal defense operation is under way, earlier than those of previous Democratic campaigns, including legal counsel on the ground in 50 states. The campaign is working closely with the Democratic Party, which said it has spent three years building a voter-protection program that includes more than 18 paid staff and 7,000 lawyers. The personnel deployed Aug. 1 and are dealing directly with local elections officials.

In just about every election, understaffed polling sites, malfunctioning voting machines and outdated voter data are reported. Such bureaucratic problems often are rolled into the divide between Democrats and Republicans over who should vote and how -- a battle that has become more intense since the 2000 Florida recount. -- Voter Registration Is the New Battleground - WSJ.com

"For Those Once Behind Bars, A Nudge to the Voting Booth"

The Washington Post reports: Mitchell is a leader of a disparate group of grass-roots Democrats and civil rights activists who are trying to register tens of thousands of newly eligible felons. They have taken up the cause on their own, motivated by the belief that former offenders have been unfairly disenfranchised for decades. Despite massive registration efforts, the presidential campaigns of Sens. John McCain and Barack Obama have not designated anyone to go after the group.

In Alabama, Al Sharpton's younger brother, the Rev. Kenneth Glasgow, will take his "Prodigal Son" ministry into state prisons with voter-registration cards for the first time. The American Civil Liberties Union recently filed suit there and in Tennessee to make it possible for an even larger class of felons to register. In Ohio, the NAACP will hold a voter-registration day at the Justice Center in downtown Cleveland this month to register "people caught up in the criminal justice system," a local official said. In California, a team will stand in front of jails on Aug. 16 to register people visiting prisoners and encourage them to take registration cards to their incarcerated friends or family members, some of whom can legally vote. -- For Those Once Behind Bars, A Nudge to the Voting Booth - washingtonpost.com

You need a break from politics

Watch the Leningrad Cowboys and the Red Army Choir singing "Sweet Home Alabama."

Hat-tip to Left in Alabama for the link. (But I found a better version from the same folks.)