Lyle Denniston reports on SCOTUSblog: Should an elected judge, who accepts large campaign donations, sit on a case that directly affects the financial or business interests of the donors and their associates? Put as an ethical question, the answer would seem to be obvious: No. But the Supreme Court is being asked to rule on that question as a constitutional issue: does the due process clause create a duty to recuse in such a situation?

If the Court agrees to address the issue in that form, it would be drawn deeply into a particularly tangled political thicket: the financing of state judicial campaigns. Among other issues the Justices might have to confront: how close a link between money and a judicial decision, joined in by a judicial recipient of the money, must there be in order to result in a violation of the guarantee of due process? ...

The new question of recusal of elected judges is raised explicitly in a newly filed case from Illinois, involving a justice of that state's Supreme Court, and a ruling in which he cast one of the deciding votes that scuttled a huge verdict against a private insurance company -- a company closely linked to major campaign donations to that justice. The case is Avery, et al., v. State Farm Mutual Automobile Insurance Co. (Filed on Tuesday, it does not yet have an assigned docket number. It probably arrived too late to be decided this Term, if granted.) -- A constitutional duty to recuse?

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AP reports: ROSEMEAD, Calif. - Mayor Jay Imperial filed suit against the city claiming recall petitions seeking his ouster should have been in multiple languages.

The successful petition drive triggered a Feb. 7 recall vote. The petitions were in English.

"Today I requested that the federal court review the petitions used in the Rosemead recall effort to determine their compliance with the federal Voting Rights Act," Imperial wrote in a statement presented Tuesday night to the City Council.

Imperial said non-English speakers in the city were duped into signing the petitions. -- AP Wire | 12/28/2005 | News briefs from Southern California

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AP reports: James Tobin of Bangor, Maine, filed a motion on Dec. 21 seeking a new trial and to overturn the jury's guilty verdict. The documents filed in federal court in Concord do not include Tobin's arguments for a new trial. They are expected to be filed within a month. -- Former GOP official seeks new trial - Boston.com

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AP reports: The state's highest criminal court has asked prosecutors to respond to Republican Congressman Tom DeLay's request that the charges against him be dismissed.

The all-Republican appeals court on Tuesday gave prosecutors a week to submit arguments regarding the request filed Friday by DeLay attorney Dick DeGuerin. The court will decide whether to take the case after the prosecutors' response is received. -- Appeals court asks prosecutors to respond to motion by DeLay defense

Posted by Ed at 6:20 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A federal judge on Tuesday urged state officials to quickly set a date for postponed elections that would decide the next mayor for this hurricane-battered city.

The destruction of polling stations, dispersal of election day workers and the difficulties of contacting tens of thousands of evacuees prompted state and local elections officials to call off a mayoral primary set for Feb. 4.

At a hearing on a lawsuit challenging the decision to postpone the elections, U.S. District Judge Ivan Lemelle said voting is an essential part of democracy and that elections would give New Orleanians "a sense of normalcy." ...

But the judge denied a plaintiffs motion to get Lemelle to set an election date. Lemelle said he wanted to let the process unfold rather than stepping in. But he held up his index finger and thumb close together and said: "I came that close to doing that (taking over the election process) today." -- Judge: Set date for N.O. elections - The Clarion-Ledger

Posted by Ed at 6:08 PM | Permalink | Comments (0) | TrackBacks (0)

Tova Andrea Wang, of The Century Foundation, describes "The Worst and Best in Election Reform, 2005 (Because There Was More Bad than Good)": So many grinches this year, Who-ville is more worried than ever about its democracy. The Georgia state legislature. The Department of Justice. Tom Delay. It was enough to make us believers in voting rights think we would be left with nothing under the tree. But despite a commitment to reform two sizes too small in so many quarters, there were at least some indications that 2006 might bring progress on elections after all. -- The Worst and Best in Election Reform, 2005 (Because There Was More Bad than Good)

The good/bad news for me is that Alabama is not on either list.

Posted by Ed at 6:24 PM | Permalink | Comments (1) | TrackBacks (0)

AP reports: Raising money for Rep. John Doolittle's political campaigns has generated more than $136,000 in commissions for the congressman's wife over the past three years, a newspaper reported Saturday.

The arrangement between the Roseville Republican and Julie Doolittle's company, Sierra Dominion Financial Solutions, is not illegal, but it has sparked an ethics complaint from an activist group, according to a report in The Sacramento Bee.

The disclosure follows the resignation of Rep. Randy "Duke" Cunningham this month on bribery charges and the ongoing investigation into the business dealings of lobbyist Jack Abramoff.

A group calling itself Californians for a Cleaner Congress, funded by labor and Democratic-leaning groups but officially nonpartisan, issued an open letter to Doolittle criticizing his fundraising activities and raising question about his wife's commissions. -- Congressman's wife earns $136,000 raising money for husband

Posted by Ed at 6:11 PM | Permalink | Comments (0) | TrackBacks (0)

Ellen and Jeralyn have passed it on:
#1 Four jobs you've had
#2 Four movies you could watch over and over
#3 Four places you've lived
#4 Four TV shows you love to watch
#5 Four places you've been on vacation
#6 Four websites you visit daily
#7 Four of your favorite foods
#8 Four places you'd rather be

1. Four jobs: bookstore owner, insurance company file clerk, adjunct law professor, lawyer

2. Four movies I could watch over and over: Mr. Blandings Builds His Dream House, Two for the Road, Streets of Fire, A Christmas Story

3. Four places I've lived: Birmingham AL, Washington DC, Springfield VA, Macon GA

4. Four TV shows I love to watch: The Closer, Monk, Mystery, As Time Goes By

5. Four places I've been on vacation: Port St. Joe, FL; Great Britain [several trips, lots of places]; Williamsburg, VA; Chincoteague, VA

6. Four websites I visit daily: Balkinization, DailyKOS, TalkLeft, The Broad View

7. Four of my favorite foods: pecan pie, mu shu pork, pulled pork barbecue sandwich with tomato-based sauce, tangerines

8. Four places I'd rather be: Negril, Jamaica; Washington DC; Colwyn Bay, Wales; sitting on a bench in Muir Woods National Monument

Posted by Ed at 8:59 AM | Permalink | Comments (0) | TrackBacks (2)

AP reports: In a last-ditch effort to secure a speedy trial, Rep. Tom DeLay's attorneys on Friday asked the state's highest criminal court to dismiss the charges against him or order a lower court to try him immediately.

DeLay attorney Dick DeGuerin took the case to the all-Republican Texas Court of Criminal Appeals a day after a lower appeals court denied his request that the case be sent back to the trial court or expedited through the appeals process. -- AP Wire | 12/23/2005 | DeLay's lawyers take case to state's highest criminal court

Posted by Ed at 6:12 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: The Michigan Court of Appeals is trusting a state elections panel will do its duty and approve ballot language for a proposal that would ban some affirmative action programs in the state.

The Board of State Canvassers is supposed to approve statements of purpose that appear on ballot proposals to explain their intent to voters. But a group sponsoring the November 2006 ballot proposal to ban race and gender preferences in university admissions and government hiring sought to bypass the canvassers and have the appeals court directly approve its own suggested language.

The appeals court rejected the request late Thursday, saying state elections officials should follow the normal process for arriving at the proposed constitutional amendment's ballot language.

But the court is speeding up the process for the Michigan Civil Rights Initiative proposal. The court order calls for state elections officials to submit proposed language by Jan. 6, and for canvassers to approve the language by Jan. 20. -- mlive.com: NewsFlash - Court sets timeframe for anti-affirmative action petition

Posted by Ed at 6:04 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Representative Tom DeLay's latest effort at a speedy resolution of the criminal case against him was thwarted here Thursday by a state appeals court, which denied his request that the case be sent back to a lower court for an expedited trial.

Mr. DeLay's lawyer, Dick DeGuerin, said he would appeal further, to the Texas Court of Criminal Appeals, the state's highest criminal court.

As majority leader, Mr. DeLay was the second-ranking Republican in the House before he was forced by party rules to step aside this fall as a result of his indictment. He has been seeking a quick outcome of the case in hopes that an acquittal will enable him to regain his post before his colleagues call for new leadership elections in the next session of Congress.

But Ronnie Earle, the prosecutor who brought the money laundering and conspiracy charges against Mr. DeLay and two of his associates, has appealed a dismissal of the conspiracy count, and the trial judge has said he will not move forward with the case until that matter is settled.

So Mr. DeLay asked the Third Court of Appeals to intervene and allow him to be tried quickly on the money laundering charge. If he were to be acquitted of that charge, the conspiracy count could be moot.

But on Thursday the appeals court turned aside his request. Mr. DeGuerin said the rebuff meant that the court would not rule on the prosecution's appeal until February at the earliest. He said he planned to ask the Court of Criminal Appeals to dismiss the charges or, alternatively, send the case back to the trial court for a speedy resolution. -- Texas Appeals Court Rebuffs DeLay's Bid for Expedited Trial - New York Times

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The New York Times reports: Susan Finston of the Institute for Policy Innovation, a conservative research group based in Texas, is just the sort of opinion maker coveted by the drug industry.

In an opinion article in The Financial Times on Oct. 25, she called for patent protection in poor countries for drugs and biotechnology products. In an article last month in the European edition of The Wall Street Journal, she called for efforts to block developing nations from violating patents on AIDS medicines and other drugs.

Both articles identified her as a "research associate" at the institute. Neither mentioned that, as recently as August, Ms. Finston was registered as a lobbyist for the Pharmaceutical Research and Manufacturers of America, the drug industry's trade group. Nor was there mention of her work this fall in creating the American Bioindustry Alliance, a group underwritten largely by drug companies.

The institute says Ms. Finston's ties to industry should not have prevented her from writing about those issues. Nor is there a conflict, it says, in the work of Merrill Matthews Jr., who writes for major newspapers advocating policies promoted by the insurance industry even though he is a registered lobbyist for a separate group backed by it. "Lobbying is not a four-letter word," said the institute's president, Tom Giovanetti.

But organizations like the institute, which bills itself as an independent, nonprofit research group committed to a "smaller, less intrusive government," are facing new and uncomfortable scrutiny over their links to special interest groups after the disclosure this week that the Washington lobbyist Jack Abramoff had paid at least two outside writers for opinion articles promoting the work of his clients. -- On Opinion Page, a Lobby's Hand Is Often Unseen - New York Times

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Richard Gladden has sent his brief in Travis County v. Perry, one of four cases the Supreme Court is considering in the Texas re-redistricting controversy. You may download the file here. I have not had a chance to read the brief yet, but it looks as though Henderson's lawyers are going down the "satisfy Justice Scalia on original intent and early-Republic history" road. Here are the major topics in the brief:

ARGUMENT................................................................... 7
Any “reasonably conceived plan” adopted by a State
legislature to alter valid congressional districts must
be supported by a legitimate and neutral regulatory
purpose that takes into account, and is justified by,
shifts or growth in population unaccounted for since
congressional districts have last been established.
I. Comparison of the Elections Clause with
Contemporaneous State Constitutional Provisions
in Effect at the Time the Elections
Clause was Adopted, on which the Framers
Purported to Model the Constitution ................ 8
II. Usage of the Elections Clause Power by the
Several State Legislatures During the First
Decade of the Republic ....................................... 19
III. The Contemporaneous Understanding of the
Temporal Scope of Redistricting Power under
the Elections Clause........................................... 24
IV. Chancellor James Kent’s View on Multiple
Intra-Census Electoral Redistricting, Given
When Construing a Redistricting Provision on
which the Elections Clause was Modeled ......... 27

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The Roanoke Times reports: There were no balloons, no cheering throng of supporters, and no televised victory speech when Republican Bob McDonnell became the winner of the election for attorney general on Wednesday.

But, after enduring a painstaking recount of the closest statewide election in Virginia history, McDonnell preferred finality to fanfare.

McDonnell became the official winner Wednesday night when a three-judge panel in Richmond Circuit Court certified his 360-vote victory over Democrat Creigh Deeds. The judges signed a court order certifying the outcome shortly after state election officials completed a methodical recount process. Deeds phoned McDonnell to congratulate him at 7:15 p.m., about an hour before the judges signed off on the results.

"It's been a long ride," McDonnell said as he waited for the judges to wrap up the process. "I'm glad it's over."

The recount affirmed a victory that McDonnell had first claimed on the day after the Nov. 8 election. Deeds petitioned for a recount after returns certified by the state Board of Elections showed McDonnell winning by 323 votes. More than 1.94 million Virginians cast ballots in the contest. In the end, McDonnell had 970,981 votes to Deeds' 970,621. -- Political stories from The Roanoke Times -Close race finally ends; McDonnell beats Deeds

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The Chicago Sun-Times reports: An embarrassing blemish in the annals of Cook County's judicial history -- that's all that's likely to become of the case of three judges who, state officials said, failed to file their paperwork for re-election before a state-mandated deadline.

Joan Margaret O'Brien, Carole Kamin Bellows and James A. Varga are all likely to appear on the 2006 ballot, despite objections filed by the Illinois secretary of state's office, which wouldn't accept their paperwork after Dec. 5.

Tuesday, Cook County Judge Patrick McGann granted the three judges a temporary restraining order barring the state from declaring any vacancies or accepting nominating petitions from anyone else. -- 3 judges with late paperwork likely to be on ballot

Posted by Ed at 5:32 AM | Permalink | Comments (0) | TrackBacks (0)

The Birmingham News reports: Three Alabamians, one convicted of felony driving under the influence and two of drug possession, claim in a federal lawsuit they are among hundreds being denied the right to vote.

The suit, filed by the NAACP Legal Defense and Educational Fund, contends that Alabama Secretary of State Nancy Worley violates Alabama's constitution by requiring all felons to apply to the Board of Pardons and Paroles to have voting rights restored.

The suit says the state constitution is clear that people convicted of certain felonies including DUI and drug possession - unlike murder, rape or robbery - do not lose their voting rights and do not need to apply for an eligibility certificate from the board. ...

Edward Still, a Birmingham lawyer handling the suit locally, contends that what the secretary of state has been doing violates the Voting Rights Act because it involves a change in election procedure without first getting approval from the Justice Department. -- Felons' rights to vote at issue

Update: The complaint in the federal case and the amended complaint in the state case are now on my website.

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AP reports: As Tom DeLay became a king of campaign fundraising, he lived like one too. He visited cliff-top Caribbean resorts, golf courses designed by PGA champions and four-star restaurants _ all courtesy of donors who bankrolled his political money empire.

Over the past six years, the former House majority leader and his associates have visited places of luxury most Americans have never seen, often getting there aboard corporate jets arranged by lobbyists and other special interests.

Public documents reviewed by The Associated Press tell the story: at least 48 visits to golf clubs and resorts; 100 flights aboard company planes; 200 stays at hotels, many world-class; and 500 meals at restaurants, some averaging nearly $200 for a dinner for two.

Instead of his personal expense, the meals and trips for DeLay and his associates were paid with donations collected by the campaign committees, political action committees and children's charity the Texas Republican created during his rise to the top of Congress. His lawyer says the expenses are part of DeLay's effort to raise money from Republicans and to spread the GOP message. -- Picayune Item: Mississippi News Near the Gulf: Headlines

How many of those donors think that DeLay should not live as well as they do?

Posted by Ed at 8:21 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: As part of a statewide recount in Virginia's disputed attorney general election, a three-judge panel on Monday ordered a more rigorous, manual recount of ballots in nine precincts.

Optical scan ballots -- paper ballots read by machine -- will be examined by hand in those nine precincts because of apparent equipment problems, the Circuit Court panel ruled.

The recount begins Tuesday and is expected to be finished Wednesday. The manual count was ordered in eight precincts in Gloucester County and one in Lynchburg. -- Panel orders manual recount in Va. AG race - Boston.com

Posted by Ed at 8:14 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: A Michigan appeals court ordered the secretary of state Tuesday to place on the November ballot a proposal that would ban some affirmative action programs.

The court went over the heads of the Board of State Canvassers, which failed last week to comply with an earlier court order to put the measure on the ballot.

The Michigan Civil Rights Initiative collected about 500,000 voter signatures supporting the measure, which would ban race and gender preferences in university admissions and government hiring. -- Chron.com | Affirmative Action Ban Ordered in Mich.

Posted by Ed at 8:09 PM | Permalink | Comments (0) | TrackBacks (0)

Betsy Devine left a comment on one of my recent posts about the Tobin trial. Unfortunately, the link she left in her comment is malformed, so let me recommend that you go
here and read her many posts on the trial.

Her caustic comments about the AP reporter alone are worth the few minutes it will take to read her stuff.

Posted by Ed at 7:36 PM | Permalink | Comments (0) | TrackBacks (0)

AP reports: America's business leaders who raised more than $75 million for President Bush's re-election campaign last year have cashed in with recent federal policy changes, a newspaper reported.

Bush administration policies have financially benefited companies or lobbying clients tied to at least 200 of the president's largest campaign fund raisers, according to the Blade.

The spoils sometimes came at the expense of consumers or public health concerns, the report said.

Benefits came in the form of targeted tax breaks, regulatory changes, pro-business legislation, high-profile government appointments and federal contracts.

Bush's policies often benefited the 548 "Pioneers" and "Rangers," who each raised at least $100,000 or $200,000 for his 2004 re-election. -- Paper says legislation benefits Bush fund-raisers

Posted by Ed at 7:20 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: House Republicans abandoned a last-minute attempt to limit individual political donations to independent organizations Sunday, setting up for passage a military measure that had been stalled by the effort.

GOP leaders had sought to attach the campaign finance legislation to a final defense bill, a move aimed at hampering Democratic-aligned groups such as MoveOn.org that were a powerful voice in 2004 and could threaten GOP candidates next year.

A bipartisan group in the Senate joined House Democrats in criticizing the 11th-hour maneuver and refusing to sign off on the plan.

The standoff had put into question the fate of the bill that sets Pentagon policy and, like a separate defense spending measure, includes a ban on cruel, inhuman and degrading treatment of foreign terrorism suspects in U.S. custody as well as other restrictions on detainee interrogation and prosecution. -- House GOP drops bid limiting donations to independent groups

Posted by Ed at 7:11 AM | Permalink | Comments (0) | TrackBacks (0)

The Orlando Sentinel reports: Osceola County officials wonder how they can satisfy the concerns of the U.S. Justice Department about Hispanic voting rights without creating a commission district so oddly shaped that it might invite legal challenges.

The county has two Hispanic-rich population pockets -- Poinciana on its west side and Buenaventura Lakes, northeast of Kissimmee. These communities are home to 80 percent of the county's 42,000 Hispanic voters.

But neither area appears to have enough registered voters to form a district by itself, suggesting that a majority Hispanic district might have to connect the two.

"Poinciana is on one end, and BVL is on the other," Commissioner Ken Shipley said recently. "I'm not sure you could gerrymander a line that could give you a predominantly Hispanic district . . . and do it legally."

In its July lawsuit against the county, the Justice Department says Osceola could give Hispanics more influence at the polls by switching from countywide elections to a single-member district format, with the districts designed so a Hispanic candidate is likely to be elected. -- Experts: Hispanic district is challenge - OrlandoSentinel.com:

Posted by Ed at 7:02 AM | Permalink | Comments (0) | TrackBacks (0)

The Detroit News reports: Geoffrey Fieger's lawyer said he is likely to challenge any special prosecutor that Attorney General Mike Cox appoints to continue the campaign finance investigation of the Southfield lawyer.

Other prosecutors who must recuse themselves do not pick their replacements, and neither should Cox, said Neil Rockind, one of Fieger's attorneys. ...

Cox is expected to name a special prosecutor to weigh whether Fieger broke the law last year by paying for an advertising blitz aimed at ousting state Supreme Court Justice Stephen Markman.

Cox has said he wants to turn the investigation over to someone else because he claims Fieger sought to blackmail him into dropping the investigation. -- Fieger lawyer expects battle over Cox pick-Fieger lawyer says state attorney general should recuse self from naming a special prosecutor.

Posted by Ed at 9:47 PM | Permalink | Comments (0) | TrackBacks (0)

The Atlanta Journal Constitution reports: This month, three government watchdog groups called on an Austin prosecutor to investigate Reed, arguing that he violated a strict Texas law requiring lobbyists to register with the state. Travis County Attorney David Escamilla, a Democrat, said he will decide in the next few weeks whether to open a criminal investigation.

An inquiry would come at an inopportune time for Reed. The former head of the Christian Coalition and political strategist is a Republican candidate for lieutenant governor in Georgia, his first run for office. He has already faced unwelcome questions about his work with Abramoff.

A campaign spokesman for Reed called the Texas complaint "partisan" and "specious."

"We were not retained to lobby Texas public officials. Texas law does not require registration by firms engaged in the work that we did," campaign manager Jared Thomas said in a prepared statement.

Reed has long made a distinction between lobbying and "grass-roots" campaigning. Since leaving the Christian Coalition in 1997 to open a political strategy firm in Georgia, Reed forged a reputation as a master of grass-roots organizing. Reed's firm has been hired to energize conservative Christians, who would then contact their elected officials on issues ranging from trade with China to shutting down casinos. -- Texas county attorney weighs Reed inquiry

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Bloomberg reports: The Texas judge hearing a campaign- finance abuse case against former House Majority Leader Tom DeLay said he won't yet rule on one of DeLay's motions, dealing a setback to the lawmaker's bid for a quick resolution of the case.

After being indicted in his home state of Texas, DeLay was forced by Republican rules to step down from his leadership position in the U.S. House of Representatives. He denied wrongdoing and sought a quick trial so that he can have the chance to reclaim his majority leader position.

DeLay's lawyers asked Judge Pat Priest to split up the charges facing their client and proceed to trial on a count of money laundering as soon as possible. Priest, in an e-mail sent to reporters today, said he's decided that he won't rule on that request until an appeals court has reviewed a challenge by prosecutors to one of his earlier rulings.

``The law directs the Court of Appeals to give precedence'' to this type of appeal by prosecutors, Priest said. He said he was confident that the appeals court would act with ``with all reasonable dispatch.''

DeLay's lawyer, Dick DeGuerin, said his team will work through the weekend to come up with a response. ``This fight's not over yet,'' DeGuerin said. -- Bloomberg.com: Top Worldwide

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The Washington Post reports: President Bush nominated two controversial lawyers to the Federal Election Commission yesterday: Hans von Spakovsky who helped Georgia win approval of a disputed voter-identification law, and Robert D. Lenhard, who was part of a legal team that challenged the constitutionality of the McCain-Feingold campaign finance law.

In addition, Bush proposed a second term for commissioner David M. Mason and nominated Steven T. Walther, a Nevada lawyer with close ties to Democratic Senate Minority Leader Harry M. Reid (D-Nev.).

Von Spakovsky and Mason are Republican appointees, while Lenhard and Walther are Democratic picks for the bipartisan six-member commission.

In a letter to Senate Rules Committee Chairman Trent Lott (R-Miss.), Sen. Edward M. Kennedy (D-Mass.) wrote that he is "extremely troubled" by the von Spakovsky nomination. Kennedy contends that von Spakovsky "may be at the heart of the political interference that is undermining the [Justice] Department's enforcement of federal civil laws." -- Bush Picks Controversial Nominees for FEC

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The Hartford Courant reports: Gov. M. Jodi Rell suspended her chief of staff, M. Lisa Moody, for two weeks without pay today as punishment for asking state commissioners at the Capitol to round up donors for a Dec. 7 fundraiser for Rell's campaign for governor.

Moody, 46, who is Rell's closest aide, will lose nearly $5,000 in pay serving a suspension that begins Monday and will conclude Jan. 2. The Rell campaign will return all donations gathered at the Dec. 7 event. -- courant.com | Rell's Chief of Staff Suspended

Mr. President, you might take note of how a strong leader reacts to a charge of law-breaking by a close aide.

Posted by Ed at 9:15 PM | Permalink | Comments (0) | TrackBacks (0)

The Wisconsin State Journal reports: Reform advocates hailed the nine-month jail sentence Chuck Chvala received Thursday as fitting punishment for the former Democratic leader prosecutors said had subverted democracy in a reckless quest for political power.

But what the Legislature and Gov. Jim Doyle might do to ensure that more don't follow in Chvala's footsteps was the more pressing concern for some attending Thursday's sentencing in Dane County Circuit Court.

Doyle, a fellow Democrat who pledged to clean up state government during his 2002 run for governor after Chvala and four other lawmakers were charged in a broad Capitol corruption investigation, has not only failed to deliver on those promises, critics said, his administration has also been hit with allegations of questionable fundraising. ...

Chvala, 51, pleaded guilty in October to misconduct in office for directing state employees to work on political campaigns and circumventing election laws by secretly coordinating a phony "independent" campaign committee to help elect vulnerable Democrats. -- Wisconsin State Journal

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The Dallas Morning News reports: In a move that inflamed minority activists and Democrats, President Bush on Friday named a Justice Department lawyer who played a pivotal role in the Texas redistricting fight to the Federal Election Commission.

Hans von Spakovsky was one of the political appointees involved in approving the Texas congressional redistricting plan. A memo leaked two weeks ago showed that decision came despite unanimous objections from career lawyers in the civil rights division who found the Texas remap violated minority rights.

"People who do the political dirty work of this administration get promoted," said Rolando Rios, regional counsel for the League of United Latin American Citizens, which intends to try to block his Senate confirmation. "We're very concerned when you appoint somebody to the FEC who has absolutely no sensitivity to the voting rights of minorities. ... That's outrageous."

White House officials defended the nomination for the FEC, which regulates campaign finance.

"The president believes that he will take a fair and accurate view of the federal regulations and also the role that the agency plays in rule making," said White House spokeswoman Erin Healy. -- KRT Wire | 12/16/2005 | FEC nominee draws ire of minority activists

Posted by Ed at 9:06 PM | Permalink | Comments (0) | TrackBacks (0)

NPR reports today on All Things Considered: The IRS has stepped up its investigations of churches accused of endorsing political candidates. The agency is examining about 60 churches over complaints about endorsements from the 2004 election alone.

It's illegal for a tax-exempt organization like a church to endorse or criticize candidates, but the boundaries aren't always clear. The new focus has raised serious questions for all nonprofit organizations: Can they even discuss politics at all in an election cycle? -- NPR : IRS Investigates Political Activity from Pulpit

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AP reports: The woman who enforces the rules for Gov. M. Jodi Rell has sparked an investigation into whether the governor's top staff members violated a campaign finance law.

The State Elections Enforcement Commission plans to ask agency commissioners and deputy commissioners whether they distributed invitations to a Rell campaign fundraiser that they received from M. Lisa Moody, Rell's chief of staff.

A state law, which has been on the books since 1983, prohibits commissioners and deputy commissioners from soliciting campaign contributions from anyone, including their subordinates in state government, Jeffrey Garfield, the commission's executive director, said Thursday.

Meanwhile, Chief State's Attorney Christopher L. Morano said he is reviewing the allegations but hasn't decided whether to open an investigation. -- The Advocate - Rell aide causes probe of possible campaign finance law violations

Posted by Ed at 7:44 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Lawyers for the state and a legislator facing possible ouster in a campaign finance case proposed that an appellate court act on the lawmaker's appeal by mid-January while letting the lawmaker stay in office at least until that court rules soon after.

A joint stipulation, filed late Thursday by lawyers for Rep. David Burnell Smith on one hand and the state on the other, asked the Court of Appeals to hear arguments in the case on Jan. 13 under accelerated-appeal rules that would require the court to issue a ruling the next week.

Smith, R-Scottsdale, filed an appeal Tuesday asking the Court of Appeals to overturn the Citizens Clean Elections Commission's decision that he forfeit his office because of overspending by his publicly funded 2004 primary election campaign. -- Lawmaker, state propose appeal timetable in campaign finance case

Posted by Ed at 7:41 AM | Permalink | Comments (0) | TrackBacks (0)

AP reports: Former presidential candidate Al Sharpton agreed to repay $100,000 _ plus interest _ in taxpayer money he received as part of his failed 2004 bid, under a deal announced Thursday with the Federal Election Commission.

Sharpton, a left-wing activist minister whose effort to win the Democratic nomination racked up more debt than votes, has been at odds with the FEC for more than a year over his personal loans to his campaign.

Sharpton insisted the deal proves his critics wrong, particularly those who had claimed he was misusing campaign funds to stay at pricey hotels. ...

Sharpton's former campaign manager, Charles Halloran, said the campaign decided it would be too expensive to continue fighting. -- Newsday.com: Al Sharpton agrees to pay $100,000 to FEC

Posted by Ed at 7:38 AM | Permalink | Comments (0) | TrackBacks (0)

Steven Hill emails: I am excited to announce that the New America Foundation is establishing a Political Reform Program to be based in California. We look forward to being part of the effort to give California and the United States a democracy that is suitable for the challenges of the 21st century. Below and attached
is a job description for the position of Deputy Director, to be based in Los Angeles. Please post it and forward it to your own email lists. Thank you.

Posted by Ed at 6:33 AM | Permalink | Comments (0) | TrackBacks (0)

The headline is my reaction after reading Spencer Overton's post that begins: My understanding is Virginia Governor Mark Warner may run for president. On most fronts (including his "Forward Together" blog), he seems like an attractive candidate.

I have one concern. I hope Governor Warner restores voting rights to 243,000 disenfranchised Americans before his term ends on January 14, 2006.

Virginia is one of only four states that disenfranchise all former offenders for life, even after they complete their sentences (the other three are Alabama, Florida, and Kentucky). These four states along with Armenia are the only democracies in the world that disenfranchise all former offenders for life. 80% of Americans believe that those who have served their time should be allowed to vote.

As a result, 243,000 Americans in Virginia—about 5% of the voting age population-have completed all terms of their sentences but can’t vote. African Americans make up 20% of Virginia’s population, and about 52% of those disenfranchised. Sixteen percent of all adult African Americans in Virginia (including 25% of black males) cannot vote due to a felony conviction. -- Gov. Mark Warner & 243,000 Disenfranchised Americans

And, for the neo-Confederates, Spencer has illustrated his post with the Confederate Battle Flag.

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The Miami Herald reports: A political operative with hacking skills could alter the results of any election on Diebold-made voting machines -- and possibly other new voting systems in Florida -- according to the state capital's election supervisor, who said Diebold software has failed repeated tests.

Ion Sancho, Leon County's election chief, said tests by two computer experts, completed this week, showed that an insider could surreptitiously change vote results and the number of ballots cast on Diebold's optical-scan machines.

After receiving county commission approval Tuesday, Sancho scrapped Diebold's system for one made by Elections Systems and Software, the same provider used by Miami-Dade and Broward counties. The difference between the systems: Sancho's machines use a fill-in-the-blank paper ballot that allows for after-the-fact manual recounts, while Broward and Miami-Dade use ATM-like touchscreens that leave no paper trail.

''That's kind of scary. If there's no paper trail, you have to rely solely on electronic results. And now we know that they can be manipulated under the right conditions, without a person even leaving a fingerprint,'' said Sancho, who once headed the state's elections supervisors association. -- Herald.com | 12/15/2005 | New tests fuel doubts about vote machines

Hat tip: Taegan Goddard's Political Wire.

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AP reports: A former top Republican Party official was convicted on telephone harassment charges Thursday for his part in a plot to jam the Democrats' phones on Election Day 2002.

The federal jury acquitted James Tobin of the most serious charge against him, of conspiring to violate voters' rights.

Tobin, 45, of Bangor, Maine, was President Bush's New England campaign chairman last year. He could get up seven years in prison and $500,000 in fines when he is sentenced in March. -- Jurors Return Mixed Phone-Jamming Verdict

How long till ...

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Sasha Abramsky writes on Democracy Dispatches: Twenty-five years ago, a young African-American man from Dothan, Alabama, got drunk and wandered into a stranger's house. Frightened, the woman called the police and the teenager was arrested. He was told that he faced several years in prison for breaking and entering; instead, the judge listened to testimonials about the 18-year-old's character from the local boys' club and other organizations, and decided to put him on probation.

Over the past quarter century, the man has remained crime-free and has become a model citizen. He has been a volunteer for decades with the Boy's Club, a mentor to local teenagers-yet, because of his one felony conviction, he still cannot vote. -- Democracy Dispatches

Posted by Ed at 6:38 PM | Permalink | Comments (0) | TrackBacks (0)

The Center for Voting and Democracy has launched The FairVote Blog.

(To my friends at CVD, please excuse my delay in announcing this.)

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The Canadian Press reports: Campaign finance laws intended to improve Canadian elections are having the opposite effect in the Arctic, making it too expensive for candidates to reach far-flung northern communities and cutting them off from the people whose votes they seek.

Changes passed in 2003 resulted in a $1,000 limit on the amount of money corporations can donate to any one candidate. That killed a practice by northern airlines of giving free or discounted plane tickets to candidates -- the only way for many of the 58 communities in Nunavut and the Northwest Territories ridings to get a look at the men and women asking for their vote.

"The new campaign laws mean that airlines can no longer donate tickets to candidates, even though they've done it for all candidates in the past," said Jack Hicks, an agent for Nunavut NDP candidate Amanda Ford-Rogers.

With no road links at all in Nunavut and sketchy highways and winter roads in the NWT, air travel is crucial in the North. It's also expensive. --