The Houston Chronicle reports: A federal appeals panel indicated today that the ability of Republicans to replace former U.S. Rep. Tom Delay on the ballot rests on whether there was "conclusive" evidence that he had moved to Virginia.

The three-judge panel of the 5th Circuit Court of Appeals did not indicate when it would rule. But questions from the panel seemed to favor the Democrats' position that Republican officials could not declare DeLay ineligible for office based on residency prior to election day.

Republican lawyer James Bopp Jr. told the panel that DeLay had given Texas Republican Chairwoman Tina Benkiser enough evidence that she could make a "reasonable prediction" that DeLay would not be a resident of Texas on election day. That evidence included a change of driver's license and voter registration, plus a letter stating he had moved to Virginia. ...

But Judges Pete Benavides and Edith Clement noted that a candidate like DeLay could move back to Texas by election day and be eligible for office. They said the U.S. Constitution would prohibit a state party official from throwing a candidate off the ballot in such circumstances.

"How can it be conclusive if you can always change your voter registration," Clement asked. -- Chron.com | Judges quiz lawyers in DeLay ballot battle

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Bert Brandenburg writes in Slate: A lot of state judges will be staying up election night this November, and not just because many of them will be on the ballot. One of the most overlooked political stories of 2006 is a cluster of state ballot initiatives designed to hobble courts. Their backers seek the aura of Mr. Smith Goes to Washington. But the measures look more like On the Waterfront: They point toward a political intimidation racket benefiting special interests that want courts to deliver results, not justice.

In Colorado, there's a push for retroactive term limits for appellate judges. The measure would write pink slips for 12 judges in the near future and clear off most of the Supreme Court in just a couple of years. In Montana, where every judge already runs for office, Constitutional Initiative 98 would create a new layer of recall elections to oust judges over specific decisions. An Oregon measure seeks to throw out justices from Portland by creating geographical districts for the Supreme Court. And in South Dakota, a "J.A.I.L. 4 Judges" initiative would amend the state constitution to create a fourth branch of government: a special grand jury to sue judges and others for their decisions. -- Judges need to join the fight to save the courts. By Bert Brandenburg

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AP reports: The Colorado Supreme Court on Monday upheld a state law that prohibits convicted felons from voting while they are on parole, a ruling that will keep some 6,000 people from casting ballots this year.

Colorado law denies felons the right to vote while they are serving their sentences, and the justices said in a unanimous opinion that parole must be considered part of a sentence. ...

Attorneys for Danielson, the Colorado Criminal Justice Coalition and Colorado-CURE argued that under the state Constitution, prisoners' voting rights should be restored when they are released from prison, even if they are still on parole.

But the Supreme Court agreed with the secretary of state and Denver District Judge Michael Martinez, who said convicted felons have not served their full sentence until all components - including parole - are completed. -- Colo. Court Upholds Ban on Parolee Voting

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The New York Times reports: When city officials denied demonstrators access to the Great Lawn in Central Park during the 2004 Republican National Convention, political advocates and ordinary New Yorkers accused Mayor Michael R. Bloomberg of squelching demonstrations that could embarrass fellow Republicans during their gathering.

The Bloomberg administration denied being guided by politics in banning the protests. Instead, officials said they were motivated by a concern for the condition of the expensively renovated Great Lawn or by law enforcement's ability to secure the crowd.

But documents that have surfaced in a federal lawsuit over the use of the Great Lawn paint a different picture, of both the rationale for the administration's policy and the degree of Mr. Bloomberg's role in enforcing it.

Those documents, which include internal e-mail messages and depositions in the court case, show that Mr. Bloomberg's involvement in the deliberations over the protests may have been different from how he and his aides have portrayed it. They also suggest that officials were indeed motivated by political concerns over how the protests would play out while the Republican delegates were in town, and how the events could affect the mayor's re-election campaign the following year. -- In Court Papers, a Political Note on '04 Protests - New York Times

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The Mobile Press-Register reports: Almost a third of the 426 absentee ballots cast in the disputed Democratic primary runoff for Alabama House District 98 came from nine addresses, a Press-Register review of public records found.

But the executive director of an Eight Mile nursing home, which produced the most absentee votes from a single location, said the voting practices at his facility were not out of the ordinary.

Runoff winner Darren Flott said his campaign did not engage in any special push to increase his absentee ballot totals. And, he said, neither he nor his volunteers engaged in gathering illegal votes from District 98 residents.

The high number of absentee ballots are at the center of chiropractor James Gordon's accusation that illegal votes delivered Flott, a respiratory therapist, his 65-vote margin of victory in the second round of voting July 18. ...

Of 426 absentee ballots, 15.5 percent of the total turnout, Flott won 283 votes to Gordon's 143. That 140-vote advantage is more than double Flott's margin of victory. Gordon posted a 75-vote advantage among ballots actually cast on July 18 in precincts around the district. -- Arguments continue over absentee ballots

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The McClatchy Newspapers report: The drab concrete building of fortresslike towers, surrounded by a high steel fence of spiked poles, hints little at the momentous history that's about to unfold inside. Only the colorful sidewalk camp of hunger strikers suggests its importance: They're vowing not to eat again until they see a recount.

The seven justices who will decide Mexico's bitterly disputed presidential election work here. ...

For the 10-year-old Electoral Court of the Federal Judiciary -- as well as for Mexico's nascent democracy -- this is uncharted territory: Left-leaning populist Andrés Manuel López Obrador refuses to concede defeat to conservative Felipe Calderón, claiming fraud in a July 2 election that left them separated by barely a half-percent of the 41 million votes.

Although there are faint echoes of the U.S. election crisis in 2000, Obrador vs. Calderón isn't Bush vs. Gore in Spanish.

For one, there's no U.S. equivalent to the tribunal. It was created in 1996 to handle election challenges in a nation with a history of stolen or fixed elections. Presiding over the tribunal is Leonel Castillo, a career jurist who started in 1981 as a district court judge. Those who know him say he's a by-the-book constitutionalist who's not likely to be swayed by the public demonstrations López Obrador has held. -- Metro/Regional News - Mexico judges to get the last word - sacbee.com

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The Birmingham News reports: An Alabama Democratic Party committee has been asked to review the House District 54 runoff after the result was contested by the mother-in-law of Gaynell Hendricks.

Hendricks lost by 59 votes to Patricia Todd for the Birmingham seat in the July 18 election. Todd had 1,173 votes, 51 percent, to Hendricks' 1,114 votes, or 49 percent. There is no Republican candidate.

Mattie Childress, 76, a retired beautician, filed the contest with the state Democratic Party after office hours Thursday. She is the mother of former Birmingham City Councilman Elias Hendricks. ...

Among the claims in the contest is that "illegal votes were given" to Todd, that Todd did not file her report of contributions and expenditures with the secretary of state until July 17 and that Jefferson County elections officials "failed to follow proper chain of custody procedures when handling voting machine tabulations, tapes and voting machine memory cards." -- Hendricks' in-law contests vote

Disclosure: I represent Patricia Todd.

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The Birmingham News reports this non-news: Gaynell Hendricks said she hasn't decided whether she will contest her 59-vote loss to Patricia Todd in the House District 54 democratic runoff July 18.

She rallied supporters at a Thursday news conference where backers vowed support and called for further investigation of voting procedures.

In the July 18 runoff, Todd had 1,173 votes or 51 percent and Hendricks had 1,114 or 49 percent. The Jefferson County Democratic Executive Committee has canvassed the votes and determined the totals were accurate. The Alabama Democratic Party is expected to certify the votes today in the secretary of state's office, said Jim Spearman, the state party's executive director. Hendricks would then have until noon Monday to contest the election, he said. -- Hendricks hasn't decided on contesting vote

Comment: Patricia Todd has hired me to represent her in this matter.

Kyle Whitmire wrote this analysis of the election in the Birmingham Weekly: Gaynell Hendricks doesn’t understand why she lost her race for Alabama House District 54. If you ask her, or any of her campaign faithful, you’ll be told that Hendricks was robbed on election night. She was robbed all right, but it happened long before the polls closed Tuesday and she let the thieves through the door herself.

Hendricks could have won. But she listened to bad advice from people — including the mayor of Birmingham — whose understanding of Birmingham’s political landscape is defective. Someone told Hendricks that bigotry was still a shortcut to public office. She took that shortcut, only to end up farther from where she wanted to be. As of the last tally Tuesday night, Patricia Todd nudged past her with 59 more votes.

The race for District 54 was ugly and divisive. Hendricks is a black businesswoman who, before moving to the building she and her husband own downtown, claimed a Mountain Brook address. Todd is a white, openly gay administrator who received campaign financing from gay and lesbian groups who wanted her to win.

Most legislative districts in the county are gerrymandered to skew toward one racial/political majority or the other, but District 54 has become a mix of demographics — a virtual fault line of black and white. -- Turning off whitey

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AP reports: Development of a statewide voter registration database is getting politically charged, with the state Democratic Party chairman going to court Thursday to try to stop the Republican governor from getting appointed to take over the duty from the Democratic secretary of state.

Democratic Party Chairman Joe Turnham said moving the responsibility to Gov. Bob Riley looks like "a partisan attempt to affect the Democratic secretary of state negatively in the upcoming election, while affecting the Republican governor and other Republican candidates positively."

Riley's communications director, Jeff Emerson, said, "Governor Riley's only concern is the state be in compliance," and it's fine if a federal judge wants to appoint someone else to complete the voter database.

The Republican-led U.S Justice Department sued Secretary of State Nancy Worley in May, saying she had failed to meet a federal deadline for implementing a single statewide computerized voter registration database. Alabama received $41 million from the federal government for elections improvements, and Worley has allocated $12 million of that to a computer company and buy equipment. -- montgomeryadvertiser.com :: Turnham fights voting change

Comment: Turnham is represented by James Anderson, Shannon Holliday, and me.

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Peter Overby reports on NPR: When the Voting Rights Act extension ran into resistance from some southern senators earlier this month, supporters turned to a surprising constituency for support: big business. Officials from big companies like Wal-Mart and Walt Disney lined up in support of the bill. They say it benefits their employees and customers. -- NPR : Voting Rights Bill Finds Friends in Big Business

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AP reports: The House needed three tries to finally get a bill through that allows up to 20 communities to operate "instant runoff" elections through 2008. The bill, which also pushed back by three weeks the date of the primary runoff date for legislative and statewide elections during even-numbered years, now goes to Gov. Mike Easley for his signature. "This thing's like a vampire, it just won't die," said Rep. Tim Moore, R-Cleveland, before the measure finally passed 60-51. The House narrowly rejected twice this week a Senate version of the measure creating the pilot in which voters in local elections to rank their order of preference among the candidates. It's meant as a way to improve voter participation and reduce expensive runoff elections. No county will be forced to participate. "There won't be any local instant runoff voting if the counties don't agree to do that," said Rep. Deborah Ross, D-Wake, who supported the bill. -- Wednesday at the General Assembly

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AP reports: Lawmakers took another strike against "527" groups in North Carolina, agreeing Wednesday to require the politically active organizations or individuals to reveal more information about how much money they give or spend.

A bill heading to Gov. Mike Easley would require groups or individuals that spend more than $10,000 in an election year on commercials, mailers or phone banks that identify a candidate to report their expenses to the State Board of Elections. Donors who contribute more than $1,000 also would be identified.

These disclosures are in addition to tougher restrictions the General Assembly agreed to earlier this month on expenses that mention a candidate more than 30 days before a primary and more than 60 days before a general election. -- Winston-Salem Journal | N.C. Legislature approves more 527 restrictions

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The Pueblo Chieftain reports: Federal judges again are considering whether to throw out a Republican lawsuit challenging the current congressional district lines in Colorado.

A three-judge panel heard arguments Wednesday on whether they must dismiss the lawsuit on grounds they are precluded from ruling on it.

The lawsuit seeks to overturn a Colorado Supreme Court decision, supported by Democrats, that upheld congressional district lines drawn in 2002 by a state court judge in Denver. The judge drew the districts after legislators could not agree on boundaries before the 2002 elections.

The lawsuit alleges the state Supreme Court decision violates a U.S. Constitution provision about elections by restricting legislators' ability to redistrict. The plaintiffs want legislators to have another chance to draw the boundaries. ...

The Colorado secretary of state contends the lawsuit is barred by a legal doctrine known as "issue preclusion" because the lawsuit presents the same issue "that was litigated to final judgment" by the supreme court. The secretary of state oversees elections. -- The Pueblo Chieftain Online - Pueblo, Colorado U.S.A

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The St. Louis Post-Dispatch reports: With about 14 weeks left before the Nov. 7 election, officials charged with publicizing and providing the new government-issued photo IDs face a daunting task:

Of the roughly 170,000 Missouri voters who lack such identification, only 629 have gotten the free state-issued cards in the six weeks since Gov. Matt Blunt signed the new mandate into law.

Trish Vincent, head of the state Department of Revenue, said Tuesday it will be another week or so before her agency's workers begin traveling the state with mobile units to visit facilities for the elderly and disabled. The units will collect the necessary information and take photographs, but they won't be able to issue the cards on site. They will be mailed out within two days from Jefferson City, a spokeswoman said.

Vincent also emphasized that her department will not be using the units to go into low-income areas to help the poor obtain the voter identification cards.

"The law is clear," she said. "We are to work with older folks, the seniors and the disabled, not the low-income." ...

The law stipulates that the state provide free nondriver identification cards for those who need them to vote. But some of the documents needed to get the cards - such as a birth certificate or passport - cost money to obtain. A Missouri-issued birth certificate costs $15. -- STLtoday - News - St. Louis City / County

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Columnist Jaime Castillo writes in the San Antonio Express-News: A week from Thursday, a panel of three federal judges will try to figure out the best way to redraw Henry Bonilla's 23rd Congressional District to satisfy the concerns of the U.S. Supreme Court.

But it has become clear that one of the plans judges will consider was the result of high-stakes negotiations between the four area congressmen with dogs in this fight.

To hear one side tell it, Austin-based Congressman Lloyd Doggett went along his colleagues -- U.S. Reps. Bonilla, Henry Cuellar and Lamar Smith -- to get what he wanted in the proposal and then pulled out of the compromise at the 11th hour.

And if you listen to Doggett, he was the one being played by Bonilla who was simultaneously working with state officials on another map that eradicated Doggett's Travis County base. -- MySA.com: Metro | State

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AP reports: Gov. Bob Riley likely will get appointed by a federal judge to implement Alabama's new voter registration computer system after Secretary of State Nancy Worley missed the deadline for getting the job done.

The U.S. Justice Department, which sued Worley over not completing the job, and state Attorney General Troy King, who is required by state law to defend Worley, both recommended to a federal judge Tuesday that he appoint Riley.

Riley would be given the power of "chief election official of the state of Alabama" to implement a centralized computer system of Alabama's voter registration records, the Justice Department said in a court filing.

U.S. District Judge Keith Watkins ruled last week that he would appoint a "special master" to complete the job, which is required by the federal Help America Vote Act. The judge has scheduled a hearing Aug. 2 to discuss the appointment, but state officials expect Riley to get the task since both sides recommended him. -- montgomeryadvertiser.com :: Election job may switch to governor

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An email from the American Constitution Society: Earlier today, ACS distributed two sets of materials of likely interest to your readers and the civil rights community.

First, we posted streaming video of a recent panel discussing recent changes in federal civil rights enforcement at the 2006 ACS National Convention. The issue has been in the news cycle since Charlie Savage’s Justice Department expose in The Boston Globe this Sunday. Panelists included the following:

* Roger Clegg, President and General Counsel, Center for Equal Opportunity

* Stuart Ishimaru, Commissioner, U.S. EEOC

* Brian Landsberg, Pacific McGeorge School of Law

* Bill Lann Lee, Lieff Cabraser Heimann & Bernstein, LLP; former U.S. Assistant Attorney General

* Bill Taylor, Chair, Citizens’ Commission on Civil Rights

* Judith A. Winston, Winston, Withers & Associates, LLC

Second, we released an ACS Issue Brief by David Cobb, Patrick Barrett and Caleb Kleppner proposing ranked-choice voting as an alternative to plurality systems. “Preserving and Expanding the Right to Vote: Ranked-choice Voting” suggests that that ranked-choice voting presents a unique opportunity to improve our democratic structure by diminishing negative campaigning, improving voter choice, promoting greater discussion of the issues, eliminating the need for costly runoff elections and, ultimately, increasing the political power of all voters.

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AP reports: A group backing ballot measures to restrict government spending and eminent domain suffered a double loss Monday as a judge ruled the initiative petitions were illegally disorganized.

The rulings by Cole County Circuit Judge Richard Callahan upheld Secretary of State Robin Carnahan's decision to reject the petitions, which were targeted for the Nov. 7 ballot.

Besides citing the organizational problems, Callahan also upheld Carnahan's rejection of the eminent domain petition because its signatures were gathered on pages bearing a previously invalidated financial summary.

Both amendments were sponsored by a group called Missourians in Charge, which turned in hundreds of thousands of petition signatures in May just minutes before the deadline. The group plans to appeal both of Callahan's decisions, said leader Patrick Tuohey of Kansas City. -- News-Leader.com | Local News

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The Wisconsin State Journal reports: Retail giant Wal-Mart has agreed to settle a civil forfeiture action stemming from its failure to register with the Monroe city clerk before a 2005 referendum on so-called big box stores, in violation of state campaign finance law.

Wal-Mart agreed to pay the maximum fine of $500 plus fees and assessments for a total of $753, Dane County District Attorney Brian Blanchard said Monday. -- Wisconsin State Journal

My comment: Don't you expect that $1253 will really sting the largest corporation in the world?

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AP reports: A Wake County judge won't rule for several days on whether Republican candidates in two state House primaries should have been disqualified because elections officials said they didn't meet residency requirements to run.

Superior Court Judge Don Stephens heard arguments Monday in the appeals of Frank Mitchell and Tommy Pollard, who weren't allowed to receive votes in the May 2 primary.

The state board ruled that Pollard didn't meet the one-year residency requirement to qualify as a candidate in the 15th House District primary against Rep. Robert Grady, R-Onslow.

The board also disqualified Mitchell because he still lived outside the 79the House District even though he bought land with a mobile home in Rep. Julia Howard's district in October 2005. -- AP Wire | 07/24/2006 | Wake County judge hears N.C. House candidate challenges

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The Cincinnati Enquirer reports: Lingering debate over the 2004 presidential election, continues to haunt Secretary of State Ken Blackwell in his campaign to become governor.

Those who blame the Cincinnati Republican for long lines and rulings leading up to the 2004 election predict even more chaos during the upcoming Nov. 7. election.

That's when a new law requiring identification for voters at the polls takes effect statewide for the first time.

Add to that a federal requirement that 68 of Ohio's 88 counties replace punch card ballots with electronic voting machines, and politicians and voting experts worry that the stage is set for another difficult election. -- The Enquirer - Blackwell's dual role criticized

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AP reports: A federal judge has accepted Secretary of State Nancy Worley's proposal to comply with election system changes under the federal Help America Vote Act, but with certain modifications.

U.S. District Judge W. Keith Watkins also will appoint a special master to administer the plan.

In an order Friday, Watkins sustained the Justice Department's objections to the state's plan, but said because there were no objections to the substance of the plan, it could be used provided some changes are made.

Watkins noted the "potential for disruption of the November 2006 general election substantially outweighs any benefit of taking further action" on the current voter registration system. -- Judge accepts Worley’s voting plan

You can read the whole order here.

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The Chicago Tribune reports: The Democratic Party intends to add Nevada and South Carolina to the opening chapter of the 2008 presidential campaign, with a key panel deciding Saturday to introduce the voice of Western and Southern voters to the Iowa-New Hampshire duet.

At a meeting in Washington, the rules and bylaws committee of the Democratic National Committee voted to place Nevada between the Iowa caucuses and the New Hampshire primary, the two contests that traditionally have launched the race. The group voted to add a South Carolina primary soon after New Hampshire's.

Nevada, which will hold a party caucus, edged out Arizona for the Western slot, and South Carolina beat Alabama for the Southern position in the first significant calendar restructuring in years. ...

Unless there is unexpected maneuvering, the Democratic calendar will begin with the Iowa caucuses on Jan. 14, 2008, likely followed by Nevada's caucuses on Jan. 19, New Hampshire's primary on Jan. 22 and South Carolina's primary a week later. After Feb. 5, other states would be allowed to weigh in. -- KRT Wire | 07/22/2006 | Democratic committee votes to add Nevada, South Carolina to lineup

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The Houston Chronicle reports: The state's proposed fix for a flawed South Texas congressional district invited scorn Friday from organizations hoping to convince federal judges of a better plan. ...

"The state plan changes two or three districts by partisan makeup. It's a partisan get-even plan," said lawyer Rolando Rios, who represents the League of United Latin American Citizens.

"State Republican leaders chose to put a partisan agenda ahead of the interests of Hispanic voters, whose voting rights have been violated," said Ed Martin, a Democrat consultant and redistricting expert. ...

"I'm disappointed that the Republicans are using this as a cocktail party joke opportunity rather than to submit real evidence before real judges who are going to determine the future of our state," GOP consultant Royal Masset said. "The Republican plan makes no sense. It's not responsive to anything. It's like a political statement."

Democrats wrote that the state's proposal should be called, "The Roadrunner That Ate Travis County," referring to the new 23rd District drawn in the Texas Hill Country for Bonilla. -- Chron.com | State's new map for Dist. 23 draws fire

My comment: I am not sure what there is about redistricting that brings out the similes and metaphors like a Heywood Hale Broun column ("Sweat is the cologne of accomplishment").

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The New York Times reports: Once upon a time, Congressional district lines were redrawn once a decade, after each federal census. But last month the Supreme Court made it clear that redistricting could occur far more often, and the resulting sense of impermanence was on display this week in a weather-beaten house on this city's Hispanic, working-class South Side.

A few dozen people clustered around the color-coded maps pinned to the wall, each map showing the jigsaw patterns of how South and West Texas’ Congressional districts might be redrawn in the next few weeks. One keeps this part of southern Bexar County in the 28th Congressional District, another puts it in the 23rd, some split it into both and one plan divides the neighborhood among three districts.

“It’s a mess,” said Jimmie Casias, a military veteran and school board official from nearby Somerset. “And what’s worst about it, the way things are now, if whoever’s running things doesn’t like the way an election turns out, they can come back and change the lines all over again.”

The Supreme Court’s 5-to-4 ruling said that a 2003 redistricting plan, spearheaded by Tom DeLay, the former leader of the Republican majority in the House, was not an unconstitutional gerrymander even though it resulted in the defeat of four Democratic incumbents. But the court also ruled that one district, the 23rd, stretching for 700 miles from Laredo to the outskirts of El Paso was illegal under the Voting Rights Act and needed 100,000 more Hispanics in it to comply. -- Ruling Has Texans Puzzling Over Districts - New York Times

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The Los Angeles Times reports: Donnie Fowler has seen the future of American politics. Pull out your cellphone and you can see it as well.

As people increasingly tailor their leisure time to suit their lifestyles — through blogs, MySpace, iPods, video on demand — politicians and their promoters are facing the same problem as Hollywood and the makers of toothpaste: How do you sell your product to an increasingly fragmented audience?

To Fowler, a veteran Democratic strategist, the next big thing is the small screen on the cellphone in your purse or pocket. In just a few years, he said, the tiny device will allow you to access the Internet in all its vastness, as though you were seated in front of a computer.

"You'll not only be able to text people with messages, you'll be able to raise money, deliver video, audio, create viral organizing — where one person sees something really interesting and it gets passed on and on," said Fowler, who recently started a company, Cherry Tree Mobile Media, to promote wireless communication as a campaign tool. -- Campaign '08 Preview: Podcasting Politicians - Los Angeles Times

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AP reports:
WASHINGTON -- Democrats are on track to jumble the states in the presidential primary calendar in response to growing criticism that the same predominantly white states hold many of the cards in early voting.

And not even complaints from a former president and a half-dozen White House hopefuls can stop them.

Iowa would still go first in the new calendar, but a Western state -- possibly Nevada or Arizona -- would be wedged in before the New Hampshire primary. A Southern state -- possibly Alabama or South Carolina -- would follow New Hampshire.

The national Democrats' rules and bylaws committee expects to vote on the proposal this weekend. -- Democrats Set to Shake Up Primary Calendar - Los Angeles Times

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AP reports: The fundraising organization that helped vault former Rep. Tom DeLay to GOP leadership and distributed election money to numerous fellow Republicans has been fined for campaign finance violations and is shutting down.

Under an agreement with the Federal Election Commission, Americans for a Republican Majority's political action committee agreed to pay a $115,000 fine and close. The agreement, reached July 7, was made public late Wednesday.

The agreement resulted from an audit by the FEC of the committee's records for Jan. 1, 2001 to Dec. 31, 2002. The audit found DeLay's committee had not properly reported contributions, disbursements and cash on hand.

It also found the committee failed to properly report outstanding debts and obligations and did not follow federal rules for paying for shared federal and nonfederal activities. -- PAC Tied to DeLay Fined, Shutting Down

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The Washington Post reports: The Senate voted 98 to 0 to renew key provisions of the Voting Rights Act yesterday, permitting the federal government to continue its broad oversight of state voting procedures for the next quarter-century, and allowing Republicans to claim equality with Democrats in protecting minorities' clout at the ballot box.

The act requires several states, mostly in the South, to obtain Justice Department approval before changing precinct boundaries, polling places, legislative districts, ballot formats and other voting procedures. It also requires many jurisdictions throughout the nation to provide bilingual ballots or interpreters for voters whose English is not strong.

Those two provisions caused a mini-revolt among House Republicans last week. GOP leaders had to scramble -- and rely on heavy Democratic support -- to defeat proposed amendments that they said would dilute the bill and prove politically embarrassing.

The law, first passed in 1965, retains near-iconic status in civil rights circles, even though some elected officials say it is no longer needed. GOP leaders were eager to renew it before the November elections. Unlike the House, where some Southern Republicans opposed provisions that focus on their states, the Senate passed the bill unanimously after hours of one-sided debate in which member after member praised leaders of the 1960s desegregation movement. -- Voting Rights Act Extension Passes In Senate, 98 to 0

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The Orlando Sentinel reports: It started small, like most troubles do.

A mundane $50 late fee back in the 2000 election has festered in years of disregarded registered letters, escalating fines and unpaid default judgments by both the Florida Elections Commission and a Leon County court. ...

And on the eve of the day state Rep. Bruce Antone, D-Orlando, intends to file for a seat on one of the most powerful county governments in the state, it's come to light that he has flouted election laws and owes the state more than $5,000, official records show.

A final judgment was issued in March 2003 after the Elections Commission was forced to take Antone to Leon County Circuit Court for his failure to pay up, appeal its rulings -- or even respond other than signing the receipt for the certified mail. -- Rep. Antone on debt: 'If I owe, I'll pay' - Orlando Sentinel : Orange County News

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The Northeast Mississippi Daily Journal reports: Soaring legal costs for Tupelo's annexation case and other lawsuits could climb to $200,000 when the year is finished.

City leaders Tuesday agreed to set aside $100,000 more for iits annexation fight with Lee County plus another high-profile case. ...

In the other major suit, Rev. Robert Jamison and other black leaders are upset there's only one minority on the nine-member council. They want to eliminate the two at-large council seats.

The new council should have either nine or seven wards, they say. Tupelo city officials want to keep the current form of government. The trial date is uncertain. -- djournal.com

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Kuff's World reports: Ready to get back to reviewing and analyzing redistricting map proposals? Of course you are. Good news: there are a couple of thorough efforts to examine. First up is this report (PDF) by local political consultant Mustafa Tameez, which looks at all of the maps and their relevant briefs where possible. When you're done with that, check out this report by Phillip Martin on another case-by-case overview done by the Lone Star Project. And finally, Vince Leibowitz runs all the partisan index numbers on the different plans, which he posts here. Take a look at them all and know what the lawyers will be talking about on August 3.

The one comment I'll make at this time has to do with the state's plan, which would effectively defenestrate Austin Democrat Lloyd Doggett by splitting Travis County up again into three districts, only this time anchoring each one to a heavily Republican area outside Travis, while moving Doggett's CD25 south and thus leaving him without a base. Doggett could probably still win, at least in 2006, given his huge cash advantage, but the writing would be on the wall for him. -- Kuff's World: Still more redistricting map analysis

Kuff's blog has links to the various reports he describes.

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AP reports: Voters without a driver's license could still cast a ballot on Election Day under action taken Wednesday by a state board.

But their ballot would be tossed if they didn't come up with their license within a day.

The plan was part of what the state Elections Board said was a compromise to deal with people who show up at the polls on Election Day and want to register to vote.

The issue has become highly politicized, with two Republican congressmen saying the state was inviting a federal lawsuit under a previous rule adopted by the board. Democrats argue that Republicans were trying to limit people's access to the polls.

The rule adopted Wednesday on a voice vote would require a person seeking to register at the polls to produce their driver's license.

If they have it, they can register. If they don't, they can cast a provisional ballot if they produce either their state identification card or give the last four digits of their Social Security number. -- AP Wire | 07/19/2006 | Driver's license would not be required to vote under rule adopted

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Atlanta Progressive News reports: "You've got electronic voting machines. Many people called in and shared their concern. They pushed the button for Cynthia McKinney and Hank Johnson came up. It wasn't one time, it wasn't two times, it was many, many times," Karen Fitzpatrick, who has been monitoring elections for US Rep. McKinney's re-election campaign, told Atlanta Progressive News in an exclusive interview. ...

"It started early this morning. There were well over 25 to 30 calls that came in [to the campaign office]. Many of them went to the poll manager [after this happened]. In some cases, the poll managers said there's nothing we can do. In some cases the voter left frustrated as if their vote had been compromised, as if it had been stolen," Fitzpatrick said.

And many voters hadn't even selected the "cast ballot"� button yet, when they were told it was already too late, Fitzpatrick said. -- Atlanta Progressive News

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The Macon Telegraph reports: Some Bibb County poll workers did not seem to know that Georgia's new voter ID law was not in place for Tuesday's primary.

The Telegraph observed workers at several polling places refusing one of the 17 approved forms of identification unless accompanied by a photo ID or telling would-be voters that a picture ID was required.

Originally, Tuesday's primary was to have been the first election to require a photo ID for voting. But last week, a U.S. District Court judge blocked the state from enforcing the law after civil rights groups challenged it in court, arguing that it discriminated against poor, elderly and rural voters. -- Macon Telegraph | 07/19/2006 | Not all Bibb workers knew photo ID not required

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AP reports: The Michigan Democratic Party, the Michigan Legislative Black Caucus and the Democratic caucuses in the state House and Senate filed a friend-of-the-court brief Tuesday in a case that could decide whether Michigan can require voters to show photo identification at the polls.

The Michigan Supreme Court voted 5-2 in April to issue an advisory opinion on the constitutionality of a 1997 state law requiring voters to show photo identification to get a ballot. A court spokeswoman said the ruling would be binding, although it could be appealed to the U.S. Supreme Court.

Former Attorney General Frank Kelley, a Democrat, issued an opinion nine years ago that the law violated the equal protection clause of the 14th Amendment of the U.S. Constitution, which guarantees U.S. citizens the right to vote.

Opponents of the law say the requirement would keep poor people, nondrivers and others away from the polls. They cite figures showing that about 370,000 of the state's registered voters do not have driver's licenses or state ID cards.

But supporters say the law is needed to prevent election fraud. The U.S. Justice Department, for example, has been investigating allegations that Detroit votes were cast last year in the names of dead people. -- Dems try to stop voter ID measure

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AP reports: The Georgia Supreme Court will hear an appeal in October of a lawsuit challenging changes to three northeast Georgia state Senate districts.

State Rep. Jane Kidd, D-Athens, said attorneys for three Democratic voters have filed briefs for the appeal. The state's response is due by Aug. 1, she said.

But a nearly identical lawsuit in federal court will not be appealed to the U.S. Supreme Court, according to Kidd who is running for an Athens-based seat that was reconfigured after she announced her campaign.

Atlanta attorney Emmet Bondurant, representing the three voters, will attempt to overturn a June 20 Clarke County Superior Court decision that upheld changes to the district boundaries. -- AP Wire | 07/17/2006 | State Supreme Court to hear Athens redistricting case

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AP reported on Friday: A judge yesterday gave state Democrats the go-ahead to question high-ranking Republicans in a civil suit over Republican phone jamming in 2002.

Democrats want to know who knew about a plan to jam Democrats' phone lines on Election Day 2002, a crime that has led to convictions of three former GOP officials.

They point to a record of phone calls that show that national GOP official James Tobin, one of those convicted, made two dozen calls to the White House within a three-day period as the phone jamming operation was finalized, carried out and then abruptly shut down.

The national Republican Party, which paid millions in legal bills to defend Tobin, said the contacts involved routine election business and that it was "preposterous" to suggest the calls involved phone jamming. -- Dems can question top GOP - Concord Monitor Online - Concord, NH 03301

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The St. Louis Post-Dispatch reports: The first courtroom battle over Missouri's new voter ID law will focus on a relatively simple question: Does the law impose extra costs on local governments without the state picking up the tab?

In a suit filed Monday in Cole County Circuit Court, three Democratic officials contend that the Republican-backed law will cost local election authorities $6 million this year.

For example, the suit says, more staff must be hired and trained because in the November election, voters without state-issued photo IDs will cast provisional ballots. They will be counted only if a voter's signature matches one on file.

The suit says the added costs violate the Hancock Amendment. That amendment, adopted by state voters in 1980, bars the state from requiring any new or expanded activities by counties and other political subdivisions without full state financing. -- STLtoday - News - St. Charles

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