Blog
By Alina Mejer & Mary Kate Hogan – 04/27/12
Recently, Rhode Island Governor Lincoln Chaffee teamed up with Senate President Paiva Weed and House Speaker Gordon Fox to propose legislation that would mandate full disclosure of previously unregulated political expenditures. With an eye toward Rhode Island’s upcoming election and promoting values like transparency and accountability, the legislators worked with reform groups like Common Cause and Democracy Matters to draft the much-needed legislation.
Despite this widespread support, the legislation has faced opposition at both Senate and House hearings. But opponents are misguided.
The Brennan Center fully supports the proposed legislative efforts. Rhode Island is taking an important step in creating a system that promotes transparent elections.
Among the provisions, the legislation calls for reporting of “independent expenditures” and “electioneering communications,” in line with the type of disclosure condoned by the Supreme Court and lower courts. Additionally, strengthened disclaimer requirements would reveal more information about who is funding the increasingly ubiquitous political advertisements. The legislation also provides a way for nonprofit groups to protect non-political donors from disclosure, while still reporting to the public the sources of the money they spend on political activities.
Elected officials should pass the proposed legislation without delay. In the words of Senate President Paiva-Weed: “Campaign finance disclosure is absolutely vital to the health of our representative democracy.” We agree.
Tags: Democracy, Disclosure
By Molly Alarcon – 04/27/12
What We're Reading: a daily round-up of quick hits, clips, and opinion pieces touching on key issues of democracy, justice, liberty and national security.
Responding to advocacy efforts from good government groups, the FCC has decided to implement a new rule requiring broadcasters to post their public files, including information about political ad buys, online (instead of making them available only in paper, at the studio).
An opinion piece in The Jewish Week, citing the Brennan Center’s discovery of a controversial, anti-Islam NYPD training video, comes out strongly against NYPD tactics that “target people based on their religion, race or political activities, without any evidence of wrongdoing.”
Reuters reports on a private Senate Intelligence report that finds scant evidence supporting the use of torture for intelligence gathering.
A Washington Post reader writes to the newspaper that the Fair Sentencing Act, a federal law passed in 2010 to reduce disparities in powder and crack cocaine sentencing (that resulted in huge racial disparities), should apply retroactively to people sentenced under the old, unjust law.
Wisconsin’s voter ID law will not be in place for the state’s June 5th recall election (Think Progress).
Tags: What We're Reading Today
By Molly Alarcon – 04/26/12
What We're Reading: a daily round-up of quick hits, clips, and opinion pieces touching on key issues of democracy, justice, liberty and national security.
Myrna Pérez and Lee Rowland, two distinguished Brennan Center attorneys, highlight the broad coalition of supporters for the Democracy Restoration Act, a bill to restore voting rights to individuals with criminal convictions (Huffington Post). The Brennan Center participated in a Senate briefing on the bill yesterday.
Tomorrow the Federal Communications Commission will vote on a proposed rule to require broadcasters to electronically file disclosure reports for political ad buys. The Los Angeles Times interviewed the Brennan Center’s Adam Skaggs on the matter.
The Virginian-Pilot editorial board criticizes the Virginia legislature for rejecting Governor McDonnell’s amendments to a voter ID law that contains "restrictions that, in the governor's words, seem specifically designed to disenfranchise certain voters.” They say the Governor should veto the bill.
Color Lines links the Brennan Center’s new Super PAC poll with the state of voting rights around the country: “if conservatives want people to place onerous restrictions on how voters identify themselves at the polls, then they should identify who they are when making fat campaign donations.”
The White House threatened to veto a proposed cyber security bill being finalized in Congress unless legislators add stricter privacy protections (Washington Post).
Connecticut repealed the death penalty yesterday (AP).
Tags: What We're Reading Today
By Myrna Pérez – 04/25/12
I was born after Watergate. That is how I justify to myself the fact I had not realized that the Charles Colson I read about in those political history books that I like so much was the same Chuck Colson who founded Prison Fellowship. My father-in-law, a professor of religious studies and my favorite consultant on the religious doctrines of redemption, made the connection for me while we were sitting at his kitchen table in Scranton. I needed a minute to absorb the length of Colson’s journey — from being one of the “Watergate Seven” to founding an influential evangelical organization that ministers to prisoners and former prisoners. While I could not fault someone for being skeptical that a transformation of Chuck’s kind was possible, as a Christian I believe a lot of things that provoke skepticism in others. Chuck’s story made sense to me as a modern-day conversion of Saul.
I was probably one of the very few people who knew Chuck best as a colleague advocating for mercy and redemption, and not for his role as special counsel to President Nixon, or as a key political figure jailed for the Watergate scandal. But when I found out more about his life before Prison Fellowship, it made me respect him and his ministry even more.
My connection to Chuck is through Prison Fellowship’s partnership with the Brennan Center. Prison Fellowship is a member of the Brennan Center’s Community of Faith Initiative, which seeks to restore voting rights to the four million Americans living and working in our communities who cannot vote because of a criminal conviction in their past.
During the course of the Brennan Center’s partnership with Prison Fellowship, my admiration for Chuck Colson and his organization had good cause to grow. I cheered when, earlier this year, Chuck penned an op-ed in the Washington Post shortly after the candidates at a Republican primary debate sparred over the issue of criminal disenfranchisement to remind readers that “demonizing an entire class of Americans for electoral gain is wrong.” I was also charmed by Prison Fellowship’s Angel Tree program, an initiative that makes sure that hundreds of thousands of children whose parents are incarcerated receive Christmas presents and I am proud to say my church participated in this program.
More recently, the Brennan Center and Prison Fellowship have been working together to prepare for a briefing on the Democracy Restoration Act. This federal legislation, introduced by Senator Ben Cardin and Representative John Conyers, would restore voting rights in federal elections to people with criminal convictions after they have been released from prison and return to their home communities. The bill would also ensure that people on probation never lose their right to vote in federal elections, and would notify people leaving prison, sentenced to probation, or convicted of misdemeanors of their voting rights.
Everyone at the Brennan Center who expressed condolences about Chuck to members of Prison Fellowship heard basically the same response:“Chuck would want us to do our job and complete our mission.”
While there are many markers of a great man or woman, surely they must include possessing a humility that precludes overemphasizing the importance of one person, a dedication that inspires others to continue the work, and a compassion for the “least” in our society. Even his staunchest critics must concede Chuck had these virtues, and many others, in spades. He will be missed.
Tags: Democracy, Voting After Criminal Conviction, Communities of Faith Initiative, Post-Incarceration Restoration of Voting Rights
By Mimi Murray Digby Marziani – 04/24/12
Last month, distracted by Super Tuesday, March Madness, and "The Hunger Games," you may have missed the news from Delaware. Here’s the exciting update: Governor Jack Markell introduced two proposals to strengthen the state’s democratic processes — one to make lobbying more transparent; the other to shine light on money in politics. Together, these reforms would represent a big step for this small state.
The first proposal is simple. Senate Bill 185 would require lobbyists to file reports online about their lobbying activity within five days of contacting a state official to discuss a bill, resolution, or regulation. Basically, the law would eliminate back-door meetings; when a lobbyist decides to use her clout to try to influence the legislative process, she must come through the front door and leave her calling card.
The second takes a minute more to explain. The Delaware Elections Disclosure Act is focused upon outside spending — i.e., spending by third parties rather than by candidates or political parties — in state elections. The bill would expand the reach of campaign finance disclosure requirements to capture “electioneering communications” — campaign advertisements that identify a candidate and are released right before an election. This is necessary to close a gaping loophole in current law. Now, outside spenders can skirt all reporting requirements simply by avoiding certain magic words like “vote for” or “vote against.”
The new campaign finance bill would also make information about outside spending more accessible to the public. Any person or group spending over $500 on campaign advertisements would have to file a disclosure report within 24 hours that would be available on the Election Commission’s website. In addition, all ads would have to include a disclaimer identifying who paid for the ad and showing a website with more information.
Both bills promote transparency in ways that would improve Delaware’s democratic process. A front-door lobbying policy puts Delawareans on notice about the special interests seeking to affect lawmaking. Similarly, and as the U.S. Supreme Court has emphasized time and again, voters have a right to know who is spending big bucks to influence election results. This information helps voters judge the persuasiveness of the campaign ads they see and hear, and ultimately facilitates an informed choice at the ballot box.
Today, the General Assembly is back from spring break, and ready to get back to work. Before moving on to other matters, the Senate should advance lobbying reform, and the House should push forward the campaign finance bill. Shrug off other distractions and keep your eyes glued on Delaware.
Tags: Democracy, Campaign Finance Reform, Disclosure
By Molly Alarcon – 04/24/12
What We're Reading: a daily round-up of quick hits, clips, and opinion pieces touching on key issues of democracy, justice, liberty and national security.
New America Media features this op-ed about the enduring importance of the Voting Rights Act, by the Brennan Center’s Myrna Pérez, on their front page.
The Brennan Center’s Lisa Genn asks and answers, What Would Real Voting Reform Look Like?
Similarly, in the Washington Post, Katrina vanden Heuvel highlights proposals for election reform to expand the right to vote, including universal registration.
The Nation puts a spotlight on the diverse coalition coming together to support public financing for New York state elections.
The Los Angeles Times editorial board raises genuine concerns about a proposed cyber security bill in Congress: “the bill's fundamental problem is that encouraging the operators of broadband services, email systems and social networks to collect information about their users and share it with the government transforms them from service providers to surveillance agencies.”
This November, California voters will have the chance to formally vote out the death penalty in the state.
Tags: What We're Reading Today
By Erik Opsal – 04/24/12
Welcome to the Brennan Center's voting newsletter, the most comprehensive summary of all the latest developments affecting voting. Sign up for all Brennan Center newsletters here.
Latest Developments
Appeals Court Rejects Arizona’s Proof of Citizenship Rule
In a 9-2 en banc ruling, the Ninth Circuit overturned an Arizona law requiring voters to show proof of citizenship when registering, saying the measure conflicts with the National Voter Registration Act.
“That federal law allows voters to fill out a mail-in voter registration card and swear they are citizens under penalty of perjury, but it doesn't require them to show proof as Arizona's law does,” the Associated Press reports. At least 7 percent of voting-age Americans do not have such documentation readily available, according to the Brennan Center’s research.
Although the decision only applies to Arizona, similar laws in Alabama, Georgia, Kansas, and Tennessee could now be struck down. Arizona Attorney General Tom Horne, who defended the law, said he will appeal to the U.S. Supreme Court.
“This decision is a major victory for voting rights,” said Wendy Weiser, director of the Center’s Democracy Program. “It is another example of courts pushing back against new state restrictions on voting. Instead of restricting access to the polls, we must make our voting system work for all Americans.”
The court also upheld Arizona’s law requiring voters to show identification at the polls. Unlike the restrictive voter ID laws passed in recent months, however, the state’s law allows a non-photo ID to vote. Read the Brennan Center’s amicus brief in the case.
Justice Department Must Combat Voting Restrictions
The Brennan Center’s Wendy Weiser (third from left) testified at a House Judiciary hearing that the Justice Department is correct in its efforts to curb new restrictive voting laws. The Department has objected to new voting laws in Florida, South Carolina, and Texas.
“The Justice Department has appropriately exercised its obligation to assure that these states follow the Voting Rights Act. It has enforced the clear dictates of law — nothing more, nothing less,” Weiser testified.
Weiser also called upon Congress to upgrade the nation’s “ramshackle” voter registration system. “Common sense, nonpartisan reforms could add all eligible voters to the rolls while cutting costs, reducing errors, and curbing any chance for fraud. We should move past partisan ‘voting wars’ and bring our systems into the 21st Century,” she told the House panel.
See video and photos of the hearing.
State Updates
Arizona – As detailed above, the 9th Circuit overturned an Arizona law requiring voters to show proof of citizenship when registering, while upholding a provision requiring a non-photo ID at the polls. Read more here. Professor Doug Chapin called it a “vivid reminder of the lasting power of Motor Voter.” The Yuma Sun lauded the law’s allowance for non-photo IDs to vote.
Colorado – For months, lawmakers have battled over an “inactive” voters list, which would prevent certain voters from receiving a ballot in all-mail elections. The Denver Post called for common sense in the debate, saying voters shouldn’t be removed simply by “failing to cast a vote in the last election.”
Connecticut – The West Hartford News applauded a proposed constitutional amendment that would allow greater flexibility for absentee ballots and early voting.
Florida – Former GOP Gov. Charlie Crist took to the pages of the Tampa Bay Times to criticize the state’s new law restricting voter registration efforts and early voting. “These new measures appear to be a step backward in protecting the right to vote for citizens of the Sunshine State,” Crist wrote. Several editorial boards have chimed in against the changes. And a woman who was convicted of a non-violent drug offense 25 years ago wrote an op-ed in the Orlando Sentinel urging Gov. Rick Scott to change the state’s policy of waiting five to seven years after probation is completed to restore voting rights for people with past criminal convictions.
Georgia – After a long legal battle, Georgia has settled the litigation by offering voter registration to all public assistance applicants.
Louisiana – The House voted to shorten poll hours on election day.
Michigan – The House continues to debate a bill requiring photo ID for absentee ballots. Voting rights groups have mobilized to oppose legislation that would change registration and voting procedures, including, “government-sanctioned training” for those seeking to register voters, photo ID when registering to vote and an affirmation of citizenship at the polls.
Minnesota – A “broad” coalition of labor, community, senior and student groups has formed to campaign against a November ballot referendum instituting voter ID. Read more here and here. Although he did not take a position on the measure, the president of the Association of Minnesota Counties, Randy Maluchnik, noted that the amendment “would require the state to spend millions to provide free IDs” and that provisional ballots would cost “local governments millions of dollars every election season.”
Mississippi – The Senate passed a bill to implement the state’s voter ID law, which passed by referendum last year. One report said the law is not expected by the November elections because it is still subject to review from the Justice Department.
Missouri – The state House approved a revised summary of a voter ID ballot measure, which a judge had struck down because it was “insufficient and unfair.”
Nebraska – One county plans to close nearly half its polling locations. U.S. Sen. Ben Nelson (D) asked the Justice Department investigate the move as a possible voter suppression tactic.
New Hampshire – Voter ID opponents showed up in force at a House Committee hearing on the proposed law.
Pennsylvania – The state’s primary is today, and counties have been preparing for the first test of Pennsylvania’s recently-enacted photo ID law. The Philadelphia Daily News encouraged voters to know what they need to vote, and The Patriot-News in Harrisburg called for a national initiative “to ensure that voters have photo ID.” Seeking to help more people vote, the state announced that expired driver’s licenses or state-issued ID cards can be used to qualify for a free photo ID cards. Meanwhile, a new study concluded that the vast majority of college IDs are invalid for voting.
South Carolina – The state’s voter ID requirement violates the Voting Rights Act, according to documents filed by the Justice Department. Read more here.
Texas– The Justice Department submitted court documents blasting the state’s voter ID law, saying Texas’ own data shows it “will disenfranchise at least 600,000 voters.” Read more here. A federal court denied Texas’ request for a blanket ban on depositions of legislators.
Virginia – GOP Gov. Bob McDonnell said he was disappointed the legislature rejected his amendments to the voter ID bill, which would have expanded the types of acceptable IDs and included a signature match provision. “We’re going to have to take a very hard look at that bill now when it comes back to determine what the next step is,” McDonnell said. Read more here. The Washington Post has applauded McDonnell’s changes. Former gubernatorial candidate state Sen. Creigh Deeds (D) believes the measure is discriminatory and unnecessary.“[W]hen there is absolutely no evidence of widespread voter fraud, there is no need for this legislation," Deeds wrote.
Washington – The Seattle Times called for online voting, saying it will benefit democracy.
Wisconsin – The state Supreme Court refused to take up two voter ID cases, which had been enjoined by judges in Dane County. Read the Brennan Center’s statement on the court’s decision. A challenge to the voter ID law won’t be decided in time for the June 5 recall election of Gov. Scott Walker (R). The judge hearing the matter has set June 18 as the deadline for final briefs. Read more here.
See our summary of all pending and passed voting laws.
New Data and Research
Media Round-Up
- Tom Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division, the Brennan Center’s Myrna Pérez, and others spoke about protecting voting rights at a Rutgers School of Law symposium.
- Reuters detailed how “new curbs on voter registration could hurt Obama,” citing the Brennan Center’s research.
- Myrna Pérez wrote an op-ed for New America Media saying states shouldn’t tamper with the Voting Rights Act.
- The New York Times’ David Firestone praised the Wisconsin Supreme Court for deferring a decision about the state’s voter ID law and a federal district court ruling upholding the ban on campaign contributions by federal contractors.
- The American Legislative Exchange Council (ALEC) scrapped work on non-economic issues after progressive groups challenged its support for “Stand Your Ground” gun laws and voter ID requirements.
- NPR reported that several high-profile companies have left ALEC because of the controversy. MSNBC’s Hardball also covered the story.
- The Brennan Center’s Mimi Marziani spoke to TPM about how restrictive voting laws will affect the youth vote in 2012.
- Former Rep. Lee Hamilton wrote an op-ed saying voter ID laws “build confidence in the system” but they must be “accompanied by an aggressive effort to reach qualified voters.”
- Al Jazeera ran a 25-minute documentary, “Disenfranchised in America,” examining voter ID laws in Florida and Tennessee.
Other News
- Electiononline Weekly, a publication of the University of Minnesota’s Humphrey School of Public Affairs, has an overview of what states have budgeted for implementing voter ID laws. They range from “no fiscal impact” in Kansas and Nebraska, to “unknown greater than $7,027,921” in Missouri.
- The National Conference of State Legislatures released its monthly roundup of voting laws.
Stay Connnected
- Stop getting forwarded! Get your own copy of the Voting Newsletter here.
- For daily voting rights developments and the latest commentary from our experts, be sure to visit the Brennan Center’s website.
- To keep up with all of the Brennan Center’s work, subscribe to our bi-weekly newsletter.
- And don’t forget our newsletters on legal services and fair courts.
- Follow the Brennan Center:
Tags: Newsletter, Democracy, Campaign Finance Reform, Voting Rights & Elections
By Molly Alarcon – 04/23/12
What We're Reading: a daily round-up of quick hits, clips, and opinion pieces touching on key issues of democracy, justice, liberty and national security.
Benjy Sarlin at Talking Points Memo interviewed the Brennan Center’s Mimi Marziani on new restrictive voting laws and the youth vote in 2012: “These new, extremely strict laws are very new creatures, and in our opinion Florida’s is the harshest in the country,” she said. “This has a huge impact for young voters. A large percentage of young people register to vote through these third-party drives.”
USA Today talks to Adam Skaggs about the influence of rich Manhattan donors in the presidential election: "The fact that wealthy donors play such as disproportionate role in financing our election is problematic in that the gridlock we see in Washington and the failure of Washington to deal with the root causes of the financial crisis are connected."
Back to the days of the debtor’s prison? CBS highlights the story of breast cancer survivor Lisa Lindsay, whose outstanding and erroneous $280 medical bill landed her in jail, emblematic of a growing trend in some states.
CBS also scrutinizes the country’s system of mass incarceration, focusing on the high costs to states and the federal government to keep millions of Americans behind bars, often for minor and non-violent offenses.
Beyond stop-and frisk: a Yale Law School professor and his student discuss what policing methods actually work to reduce violent crime, and they don’t involve the indiscriminate harassment of young men of color (New York Times).
Tags: What We're Reading Today
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