Supreme Court to hear key voting rights case

The Supreme Court will decide whether or not to scale back the landmark Voting Rights Act, which requires states with a history of discrimination at the polls to get federal permission before making any changes in how they conduct elections. NBC's Pete Williams reports.

Agreeing to hear another important case on race in America, the Supreme Court said Friday it will take up a battle over a key part of the landmark Voting Rights Act. Civil rights groups fear the court will use this case to gut the law.

Passed by Congress in 1965 and renewed four times since then, most recently in 2006, a key provision requires states with a history of discrimination at the polls to get federal permission before making any changes to election procedures -- from redrawing congressional district boundaries to changing the locations of polling places.

The law was at the core of the legal cases this year blocking strict new voter ID laws in Texas and South Carolina.

Shelby County, Ala., claims the pre-clearance requirement -- which currently covers nine entire states, 12 cities and 57 counties elsewhere -- is unconstitutional. Under the law, those states and areas are presumed to be acting improperly whenever they seek election changes and "must either go hat in hand to Justice Department officialdom to seek approval, or embark on expensive litigation in a remote judicial venue," says the lawyer for the county.

The areas covered by the law, Shelby County says, include some localities that have made substantial reforms while missing other parts of the country that have failed to root out discrimination at the polls.  "Florida has been forced into pre-clearance litigation to prove that reducing early voting from 14 days to 8 is not discriminatory, when states such as Connecticut, Rhode Island, and Pennsylvania have no early voting at all," the county says.

But the NAACP Legal Defense and Education Fund says the current map is a close enough fit to cover the areas of greatest concern.  "Congress is not a surgeon with a scalpel when it acts to legislate across the 50 states. But it can reasonably attack discrimination where it finds it," the group says.

Three years ago, the Supreme Court narrowly rejected a challenge to the pre-clearance  requirement but strongly suggested that several justices had doubts about its constitutionality, given recent electoral reforms. "Things have changed in the South," the court said in 2009.  "Blatantly discriminatory evasions of federal decrees are rare."

Last month, the Supreme Court heard another racially charged case, re-examining whether the nation's colleges can use affirmative action in admissions.

 

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The greatest threat to democracy is the Republican Supreme Court.

This election went off without a hitch, no voter fraud. But is was different this time because though 60% of white voters (including democrats) voted for Romney, he got his clock cleaned. And the scares the hell out of most white people.

So they are trying to used the Republican Supreme Court ( which consist of 5 conservative judges, 4 white males + one uncle Tom) to sway things in their favor.

My Belief is that that the Republican Supreme court will uphold the voter Rights law of 1965 by a 6 to 3 decision. Because there is no precedent that exists to justify overturning it.

  • 1 vote
Reply#185 - Mon Nov 12, 2012 4:12 AM EST

Given the shameful behavior of state Republicans to restrict voting hours and challenging voters that dont look like them , more laws are needed not less. Ohio is a good example of how a Republican legislature set up voting districts to make sure Republicans would win and a Secretary of State (Husted)who tried to restrict hours in Democrat districts.

  • 1 vote
Reply#186 - Mon Nov 12, 2012 9:15 AM EST

click> Jimmy Carter's grandson strikes again

You probably remember back in September when Jimmy Carter's grandson, James Carter IV, >was instrumental in digging up and helping publicize Romney's 47% video. We all enjoyed the poetic justice of the moment that very likely contributed to Romney's defeat.

Now James Carter IV is at it again, this time >digging up actual audio of Republican strategist Lee Atwater explaining the "Southern Strategy":

.

It has become, for liberals and leftists enraged by the way Republicans never suffer the consequences for turning electoral politics into a cesspool, a kind of smoking gun. The late, legendarily brutal campaign consultant Lee Atwater explains how Republicans can win the vote of racists without sounding racist themselves...

    #186.1 - Wed Nov 14, 2012 10:06 AM EST
    Reply

    With Obama's win, the politics of division and racism have been rejected on a National level.

    But the Republicans continuing to challenge the fundamental right of voting shows that racial hatred still persists in very specific areas of our country.

    • 2 votes
    Reply#187 - Mon Nov 12, 2012 9:35 AM EST

    Blame it on the top three Rockefeller, Morgan and Carnegie.

    Read below to find out more.

      #187.1 - Mon Nov 12, 2012 10:19 AM EST

      "With Obama's win, the politics of division and racism have been rejected on a National level."

      hahahahahahahhahahahahahah

      hahahahahahahahahahahahahah

      hahhahahahaahhaahahahahahah

      With Obama's win, the politics of division and race-baiting was given a slight nod of approval on the National Level.

      These Dems and their accusing others of what they do is always so hilarious. Like the phony voter suppression lie they came up with to scare black people into the polling booth--record turnouts of blacks of course.

        #187.2 - Mon Nov 12, 2012 3:48 PM EST

        I agree with what Harbinger-2218646 wrote--

        "With Obama's win, the politics of division and racism have been rejected on a National level."

        • 2 votes
        #187.3 - Mon Nov 12, 2012 8:31 PM EST

        yahtc

        I would hope you are right.

        But I would suggest you watch the Obama 2016 movie.

          #187.4 - Mon Nov 12, 2012 9:00 PM EST
          Reply

          Romney was the dude that needed an voters ID card because we didn't know which Romney was voting !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

          • 1 vote
          Reply#188 - Mon Nov 12, 2012 9:48 AM EST

          Can you believe that there are still scam operations involving trying to have Obamacare overturned at the Supreme Court level still making calls asking for money to fund getting rid of Obamacare?

          If someone calls you asking you for money in support of overturning Obamacare laugh at them and hang up.

          Obamacare cannot be overturned by any means because the Supreme Court ruled it Constitutional unlike the scammers calling you to ask you for money in support of having the law overturned.

          Once again the GOP continues to fight a battle that has backed them into the corner of scams.

          • 2 votes
          Reply#189 - Mon Nov 12, 2012 10:18 AM EST

          Congress can repeal the law. Duh.

            #189.1 - Mon Nov 12, 2012 9:02 PM EST
            Reply

            The Big Three - The real problem in America.

            Last night I watched documentary on the History Channel about the Mckinnley and Bryan Presidential race.

            The documentary went into detail about how Morgan, Carnegi and Rockefeller all well known names in America went on a mass spending spree to buy the election. Back then they were Big Industry and were also Republicans.

            They wanted a President that they could control to further their manipulation of the country to suit their whims.

            Sound like Romney?

            In the episode it showed one of three looking over Mckinnley's speech and crossing out various portions of the speech that Mckinnley had written. These men had bought Mckinnley and used him as his puppet to further their own agenda over that of the American people.

            These three business also made the same comment that Ann Romney made during the campaign.

            "We built it!"

            Basically the supporters that tried to have Romney elected used the same tactics that they did back then. Fear. Harassment. Saying that Obama like Bryan was going to destroy America if elected and if Bryan had been elected that there would be no reason to show upto work the next day because such jobs would be gone.

            The same campaign was used by Romney and Ryan saying that Obama was sending jobs overseas and if he was re-elected jobs would continue to be lost. This campaign tactic was once again put to use in Ohio especially in Canton, Ohio where Mckinnley was from where there is also a Koch Knight Factory. Everyone knows Koch Knight is part of the Super Pac of businesses that think that they, like Morgan, Carnegie and Rockefeller run America and the government and that they were the ones who built America.

            The fact of the matter is this America.

            The real Americans who built America are the ones who goto work everyday. America was built upon the demand of a better lifestyle than that of the previous generation but more importantly the fact that America had won its freedom from oppression designed an American society that would spend nothing less than the entire country to keep such freedoms.

            Freedoms that men such as Morgan, Carnegie and Rockefeller would take away in an instant to pronounce theirselves Kings and High Rulers of America.

            Sorry, GOP, America isn't that stupid to think of ourselves as lowly workers.

            We are America.

            How sad that GOP's campaign relies on tactics used over 70 years ago where large amounts of wealth and fear won the elections for the GOP.

            Its also sad to say that when a party has to resort to such tactics that their party really doesn't have anything else to offer in the way of intelligence which is also a sign that a party is failing and is on its way out the door.

            The GOP can thank Morgan, Rockefeller and Carnegie for their defeats.

            The American worker on the other hand can thank theirself for the country they have and can blame the top three for all of problems that exist.

              Reply#190 - Mon Nov 12, 2012 10:38 AM EST

              Wow, three dead men are to blame for everything that is wrong today.

              How messed up would it be if they were actually alive?

              But wait, you did not say. Are they still living? Are they just brains in a downtown Chicago building manipulating the control of the country?

                #190.1 - Mon Nov 12, 2012 9:10 PM EST
                Reply

                Wanna know who killed JFK?

                After watching the documentary on Morgan, Rockefeller and Carnegie last night on the History Channel and their lust for power and control in America where they would go to any lengths to topple the government of the People if the government was not ran by them I am going to have to say that Mckinnley was assasinated by someone paid by the top three in order to spin a conspiracy around Democrats to make Americas fear the Democrats in order to continue to get the votes they needed for the president that they wanted elected.

                Since all three men were uber egomanics and would not stop at nothing to be at the top I would also have to speculate that they were involved with the assasination of JFK and the attempted assasinations of Reagan and Bush. Remember someone threw a grenade at Bush during one of his campaign speeches.

                What do all three men have in common?

                They were all proponents of space exploration. A notion that would put them in the spotlight and above Carnegie, Morgan and Rockefeller of who above all else wanted to be seen at the top of everything in America.

                Since these three presidents were proponents of space exploration which put such a political design above the top three men anytime Americans looked up and into space they would remember those who put those stations and rockets there and not Morgan, Carnegie or Rockefeller which in the uber ego sense would make these three men's status and image nothing more than mere side show attractions but above all else it would put the government leader in a higher place of favor with the American people than Morgan, Carnegi or Rockefeller could ever hope to achieve.

                  Reply#191 - Mon Nov 12, 2012 10:50 AM EST

                  I have a question for those opposed to voter ID being shown at the polls:

                  Voting is a right guaranteed by the Constitution, and it says nothing about ID. Is that why you are so opposed to it?

                  The right to bear arms is also a right guaranteed by the Constitution, and it says nothing about showing ID to own one.

                  If you are opposed to voter ID to exercise your constitutional right, shouldn't you ALSO be opposed to ID for gun ownership to exercise your constitutional right?

                  It would appear to be hypocritical to demand ID for one Constitutional right but not for another.

                    Reply#192 - Mon Nov 12, 2012 11:07 AM EST

                    click> Harvard's Alexandar Keyssar analyzes voter suppression measures ....

                    In this article, Keyssar writes

                    I could welcome a photo ID requirement—if it were made clear that it was the responsibility of the state (rather than of private citizens) to insure that every eligible man and woman possessed such documentation.

                    Keyssar points out

                    the burdens placed on prospective voters by these ID requirements are not trivial.

                    Men and women who already possess driver’s licenses or passports, of course, will be unaffected. (So too will those in Texas who have permits to carry concealed weapons—since those permits meet the ID requirement.)

                    But citizens who lack such documents will now be obliged to assemble various other pieces of paper (birth certificates, naturalization forms, proof of residence, etc.) and make their way (presumably without a car) to a government office that can issue an official photo ID.

                    Who are these men and women? Studies indicate that they are disproportionately young or elderly, poor, black, and Hispanic; demographically, they are more likely than not to vote Democratic. (In states covered by the Voting Rights Act, such as Texas and South Carolina, the photo ID laws are being challenged by the Department of Justice on the grounds that they disproportionately affect minorities.)

                    The number of people potentially affected is considerable: the Texas secretary of state, for example, estimates that at least 600,000 already registered voters do not possess the documents to cast ballots in November. New York University’s respected Brennan Center for Justice has estimated that a total of more than five million people may lack the requisite identification documents in states that have passed new ID laws.

                      #192.1 - Mon Nov 12, 2012 8:43 PM EST

                      Early this month, a federal judge partiallyoverturned Pennsylvania's voter ID law, ruling that the state couldn't require voters to show photo identification at the polls until after the 2012 election. But the ruling has not stopped the state from running ads suggesting otherwise—ads that have disproportionately targeted urban and minority communities that tend to vote for Democrats.

                      In English, the billboard pictured above reads: "This election, if you've got it, show it." It is one of 58 billboards erected by Pennsylvania's Republican-led Department of State, mostly in Democratic-leaning Philadelphia and Pittsburgh. Though Latinos make up only 6 percent of the state's population, about 20 percent of the billboards are in Spanish. Similar Spanish-language ads appear on public buses.

                      .

                      Click> Voter Suppression - Mother Jones

                        #192.2 - Mon Nov 12, 2012 8:54 PM EST
                        Reply

                        "Florida has been forced into pre-clearance litigation to prove that reducing early voting from 14 days to 8 is not discriminatory, when states such as Connecticut, Rhode Island, and Pennsylvania have no early voting at all," the county says.

                        Florida's election process is a nightmare. It is Republican discrimination in action. The responsibility for elections in Florida should be taken away from the state and run by the Federal Government. Florida election officials are blatanly criminal.

                        I live in New Jersey where there is no early voting. Even though we had a hurricane and three polling places were moved into one location that had only generators for power, I was able to vote in about a half an hour. Florida on the other hand had people standing in line for 12 hours for no particular reason, save Republican attempts to discourage voters.

                          Reply#193 - Mon Nov 12, 2012 11:52 AM EST

                          Since politics now rule the supreme court I doubt that we will be seeing any supreme court decisions made from the study of our what the writers of the constitution intended. Power breeds corruption.

                            Reply#194 - Mon Nov 12, 2012 11:54 AM EST

                            If voting is a right defended against discrimination by the Federal government, evidence exists that new requirements for voting and a cutback on times for casting early ballots are being pushed for by only one of our two major parties. There also is sufficient evidence that the changes being pushed by Republicans will disproportionately affect certain demographic groups of the voting populace. While you may argue whether there is racist or partisan intent behind these moves, the effect that these measures have is to disenfranchise certain groups of voters, particularly according to race. This suggests that, instead of rolling back the Voting Rights provisions, they should be extended to all states. That would be fair. Any constitutional lawyers around here?

                              Reply#195 - Mon Nov 12, 2012 12:29 PM EST

                              Like we don't know how this will turn out. The S.C. rules what the White House says it will rule. They are no longer an independent court or a S.C. They rule how they are told to rule.

                                Reply#196 - Mon Nov 12, 2012 12:34 PM EST

                                If this were so, the Supremes never would have made the Citizens United decision.

                                  #196.1 - Mon Nov 12, 2012 12:37 PM EST
                                  Reply

                                  Trust me, I live in Texas and was (years ago) a republican county chairman. The Texas gerrymandering was totally racial. They got five new congress seats primarity due to hispanic gains, then gerrymandered the districts to minimize their importance.

                                  • 1 vote
                                  Reply#197 - Mon Nov 12, 2012 12:38 PM EST

                                  The opposite is happening at the state level in Illinois, where Democrats control both chambers of the legislature. Naturally, the redistricted map favors Democratic incumbents. And four Congressional seats changed hands from Republicans to Democrats on Tuesday. If your party has a hold on the state, you don't want the redistricting rules to change, but the Republican party wanted the the Supreme Court to hear its case against gerrymandering, which the Court refused to do. The case the Republicans first tried to make before the district court, by the way, was based on the disenfranchisement of Hispanic voters...by the Democrats.

                                    #197.1 - Mon Nov 12, 2012 1:15 PM EST

                                    The Democrats in Texas are mad because they used to rig the districts so they always had an unfair advantage, and don't like getting their own medicine......

                                    before Tom Delay, the Democrats had such a fraudulent map that they got half the districts in a state that used to go 60% Republican.

                                    The Texas map is a little unfair to the minority Demoncat party in the state...the Illinois criminals in the Democratic Party have rigged the districts unfairly too, so have Dems in Massachusetts, their district map looks like something that was spit up during a bout with bronchitis

                                    We do need fairly drawn up districts in many states, the goal should be to roughly approximate how the voters of the state vote. If your party gets 53-54% of the vote usually, you shouldn't get 4 out of 5 House seats...you should get 3. They should be drawn up so that they roughly approximate voters' views, and there's a couple close districts so that when one party does well they have the chance to hold a majority of the state's seats.

                                      #197.2 - Mon Nov 12, 2012 3:44 PM EST

                                      before Tom Delay, the Democrats had such a fraudulent map that they got half the districts in a state that used to go 60% Republican.

                                      Yes, that's because they were Southern Democrats who were in the Democratic Party.........those Southern Democrats have now switched and hijacked the Republican Party.

                                      Below is what a poster named TJefferson wrote on the page before this--

                                      TJefferson-1649275

                                      The elephant in the room that no one wants to talk about in the south is purely white racism. Like it or not, that is the truth. The Republican Party was founded in 1854 on abolitionism, but after the civil war and the passage of the 13th, 14th, and 15th Amendments to the Constitution, the Republican Party thought it no longer had any responsibility for the freed slaves. The Democrat Party, however, remained fiercely racist. Slowly the parties began to change their positions. President Lyndon Johnson led the Republic towards civil rights reform in the 1960s, but he lost a lot of Democrats along the way.

                                      By 1968, Richard Nixon applied his Southern strategy to recruit white racists away from the Democrats and into the Republican Party. Nixon didn't want them necessarily, but he needed them to win the election. Since then there has been a gradual movement of white racists from the Democratic Party to the Republican.

                                      Then, in 2008 with the advent of a black, presidential candidate in the Democrat Party, we saw the vast number of southern white racists in the Democrat Party move to the Republican. All one has to do is to look at the voting statistics, particularly in southern states in 2008 and 2012 and one will see the total numbers of votes for the presidential candidates was overwhelmingly Republican. Not only that, but the southern white racists put Republicans in almost every other office in southern state as well.

                                      That means the historically southern, white racists in the Democrat Party shifted their support to the Republican candidate. Everyone in the south knows it!

                                      It's the elephant in the room no one talks about in southern politics.

                                      #159 - Sat Nov 10, 2012 6:59 PM EST

                                        #197.3 - Mon Nov 12, 2012 5:47 PM EST
                                        Reply

                                        All Black People Everywhere, Who Are Registered Citizens, Have Full Voting Rights, and No One is Trying to Take Them Away

                                        When you hear Democrats talk about mythical voter suppression, they're doing one of 2 things:

                                        a) protecting Voter Fraud

                                        b) race-baiting to make sure blacks keep voting for them 90% +

                                        Another rotten tactic, from a rotten, worthless party

                                          Reply#198 - Mon Nov 12, 2012 3:38 PM EST

                                          Here is 2004 example of how the 1965 Voting Rights Act helped against an attempt in Waller County, Texas to suppress the vote--

                                          Section 5 Enforcement Actions

                                          Such an enforcement action, for example, was filed in Waller County, Texas, in 2004, in which the city of Prairie View is located. The county contains historically black Prairie View A&M University within the majority-black city of Prairie View. In the 1970s, the county registrar went to dramatic lengths to prevent most students from voting, on the alleged ground that they were not legal residents of the county. Only legal action under Section 5 prevented the registrar from doing so, in a case that went to the Supreme Court.222 In the early 1990s a number of students were indicted for “illegal voting”; all of the charges were subsequently dropped.

                                          Two Prairie View students decided to run for local office in the March 2004 primary, including one for Waller County Commissioners’ Court, the county governing body. The white criminal district attorney, a former state judge, threatened the predominantly black Prairie View student body with felony prosecution for illegal voting if they voted in the election. Almost five weeks before Election Day, the university chapter of the NAACP and five students sued the district attorney, who shortly thereafter backed down.

                                          The issue did not end there, however. Less than a week after the lawsuit was filed, and a month before the election, the Waller County Commissioners’ Court voted to reduce the availability of early voting at the polling place closest to campus, from seventeen hours over two days to six hours in one day. This was particularly significant because the students would be on spring break during the day of the primary and would have to vote early if they planned on leaving town for the break.

                                          A Section 5 enforcement action was filed by the university student NAACP chapter to enjoin Waller County from implementing this change without Section 5 preclearance. County officials abandoned the change and restored the additional eleven hours, which technically mooted the lawsuit, although the objectives of the suit were fulfilled. About three hundred Prairie View students took advantage of the early voting period, compared to sixty who would vote on the day of the primary, and the Prairie View student running for a seat on the commissioners’ court narrowly prevailed in his primary contest.

                                          .

                                          The above is an excerpt from a report entitled The Voting Rights Act at Work 1982-2005 by The National Commission on the Voting Rights Act ...[This Commission was created by The Lawyers Committee for Civil Rights]

                                          To read the complete report click > protecting minority voters - The Lawyers' Committee for Civil Rights ...

                                            #198.1 - Mon Nov 12, 2012 5:49 PM EST
                                            Reply

                                            8 days is more than enough to vote. If we can make the voting process quicker, great, but places like Florida allegedly had a million things on the ballot and each one was like 8 pages or something.

                                            Since we know a large chunk of the Democratic party are neanderthals on handouts, a long ballot can be problematic for them, just like that "confusing" butterfly ballot in 2000, which a 12 year old could figure out (google it online and look at images)

                                              Reply#199 - Mon Nov 12, 2012 3:52 PM EST

                                              Florida and some other states need many more voting booths at many more locations.

                                                #199.1 - Mon Nov 12, 2012 5:52 PM EST

                                                click> Coalition calls for Florida voting changes, federal investigation

                                                .

                                                also --

                                                The last five days of voting saw a total collapse of Scott’s voting infrastructure — long lines, inadequate staffing, and insufficient supplies.

                                                Confusion and chaos reigned to the extent that Scott was sued on the weekend before election day for failing to properly oversee Florida's election.

                                                Scott proved to be totally inept in his duty to protect the voter franchise

                                                excerpt from article by Frank Hagler

                                                  #199.2 - Mon Nov 12, 2012 7:02 PM EST

                                                  The New Jim Crow - The Daily Beast
                                                  Seeded on Mon Nov 5, 2012 2:05 PM EST ()

                                                  "Whatever the result tomorrow, voter suppression is one of the big stories of this campaign and its enduring scandal. The Republican Party before 2012 was a party that certainly did not want black and brown and poor Americans voting, so it's long been officially racist and classis …"

                                                  Under this thread Sistahgirl writes---

                                                  No voter should have to stand in line for hours to cast their vote and we can see who has made this happen at this time in this particular election.
                                                  When you have a republican legislator openly stating that it is not about making voting easy for the urban community, than can we really ask is the racist Jim Crow era not here already? It's a damn shame that the republican party is going back in time to a hateful time in our history!!!

                                                  For complete article click> the-new-jim-crow.html

                                                    #199.3 - Tue Nov 13, 2012 7:15 AM EST

                                                    Last-Minute Ohio Directive Could Trash Legal Votes And Swing The Election

                                                    A last-minute directive issued by Ohio Secretary of State Jon Husted (R) could invalidate legal provisional ballots. Ohio is widely viewed as the most critical state for both presidential campaigns and — with some polls showing a close race — the 11th-hour move could swing the entire election.

                                                    The directive, issued Friday, lays out the requirements for submitting a provisional ballot. The directive includes a form which puts the burden on the voter to correctly record the form of ID provided to election officials. Husted also instructed election officials that if the form is not filled out correctly by a voter, the ballot should not be counted.

                                                    According to a lawsuit filed by voting rights advocates, this is “contrary to a court decision on provisional ballots a week ago and contrary to statements made by attorneys for Husted at an Oct. 24 court hearing.”

                                                    Indeed, it also appears directly contrary to Ohio law. From the lawsuit:

                                                    Ohio Rev. Code § 3505.181(B)(6) provides that, once a voter casting a provisional ballot proffers identification, “the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot . . . .” (Emphasis added.)

                                                    The law “ensures that any questions regarding a voter’s identification are resolved on the spot or, consistent with due process, the voter is informed that he or she needs to provide additional information to the board of elections. This protects the integrity of the voting process, and provides a reasonable opportunity to resolve deficiencies.”

                                                    The last-minute directive changes this and switches the burden to the voter, greatly increasing the chances that legal provisional ballots will be discarded.

                                                    The court gave Husted until Monday to respond to the lawsuit and indicated it will resolve the dispute before provisional ballots are counted on November 17.

                                                    Husted has also tried to limit voting in Ohio by reducing early voting hours.

                                                      #199.4 - Tue Nov 13, 2012 7:20 AM EST
                                                      Reply

                                                      Outrage Builds As Arizona Continues To Count Votes

                                                      2012/11/11
                                                      By

                                                      Nearly a third of votes cast in Arizona remained uncounted the day after the election. Most of them were probably cast by Latinos, organized and newly registered by multiple civil rights groups in the state to combat candidates like the notorious Maricopa County Sheriff, Joe Arpaio.

                                                      On Thursday, the Secretary of State, Ken Bennett, announced the figures: 631,274 early and provisional ballots remained uncounted out of a total of 1.8 million votes. At least 350,000 of them are from Maricopa County (Phoenix metropolitan area), where Joe Arpaio has already claimed victory. Activist Randy Parraz, president of Citizens for a Better Arizona, told the Huffington Post, "We're not conceding anything until every vote is counted. They're just going to act like, 'Oh, the election's over, Arpaio wins.' Hell no."

                                                      Three Congressional races also remain in limbo. Although Democrat Rich Carmona originally conceded the Senate seat to Jeff Flake on election night, he changed his mind after hearing the unprecedented number of uncounted votes. On Friday, he sent this message to supporters: "We will take every necessary step to make sure all of our supporters' ballots are counted." Two U.S. House races are also too close to call until the remainder of the votes are tallied.

                                                      Protestors from a coalition of rights groups are maintaining a continuous presence outside of the Maricopa County Tabulation and Election Center. In a letter to the county recorder, Helen Purcell, the American Civil Liberties wrote that the "public confidence in the voting process" was at risk.

                                                      "The situation has attracted attention all across the nation. Saturday, Senate Majority Leader Harry Reid weighed in, issuing a statement of his concern: "All of the votes in Arizona must be counted promptly, accurately and equally. The uncounted votes in Maricopa County alone represent a major portion of the total votes cast in Arizona on Tuesday." He also pointed out that this problem occurs just as the Supreme Court is ready to consider whether the voter protections in 1965′s Voter Rights Act should be scaled back. Specifically, the justices are being asked to rule that the part that prevents states from disenfranchising minorities is no longer relevant."

                                                      "While Secretary of State Bennett tried to attribute the record-setting proportion of uncounted ballots to redistricting, the civil rights groups smell voter suppression.

                                                      After all, Maricopa County gave out incorrect voting information to Latinos before the election, Jeff Flake's senatorial campaign spread misinformation about polling places in robocalls and, in 2008, the ACLU called Pima County (Tucson metropolitan area) tops in the country for CLICK THIS LINK> voter suppression because officials threw out 18% of the provisional ballots cast."

                                                      Link - outrage-builds-as-arizona-continues-to-count-votes

                                                        Reply#200 - Mon Nov 12, 2012 6:31 PM EST

                                                        After this Florida fiasco, and GOP reps admitting they wanted to make it harder to vote, and all the voter supression attempts, I am amazed the law wasn't extended to all states!

                                                          Reply#201 - Mon Nov 12, 2012 7:32 PM EST

                                                          The voter fraud issue,primarily focused on latinos, is one more example of how the GOP disrespects us There is the widespread presumption that all latinos are illegals who should not be here. There are in fact many of us whose ancestors were in what is now the US before many of the self-anointed "Real Americans" questioning our legitimacy. Hell, some of us have ancestors that were here before there was a USA, and even before the Mayflower.

                                                            Reply#202 - Mon Nov 12, 2012 8:15 PM EST

                                                            Thanks for you insightful post, CAL USA.

                                                            California has had a history of redistricting which has weakened the latino vote:

                                                            Caltech historian Morgan Kousser, a long-time resident of Los Angeles County whose research—and much of his testimony as an expert in voting cases—has focused on the South, stressed some of the similarities between California and the South. As an example, he cited a suit decided in 1990 in which Los Angeles County was found to have racially gerrymandered its county supervisor districts to prevent the election of Latinos."There are instances like this," he said, "even in the enlightened state of California, where you have a history of . . . very important and powerful discrimination," Kousser noted, and then amplified his point:

                                                            It's also true in Monterey County. . . . When Californians think of Monterey County, they think of Big Sur, they think of Pebble Beach Golf Course, they think of Monterey Bay Aquarium. They don't think of the north county areas. They don't think of the terrible strikes that we've had, the long history of the farm worker—anti-farm worker—violence in Monterey County. They don't think of the degree of discrimination on the county level in drawing the supervisorial districts. It looks just like L.A. County and it looks just like several southern counties and cities that I've worked in. Again and again, they drew boundaries to ensure that Latinos had no opportunity to elect candidates of their choice, and this went through the 1990s. And they abolished local courts to allow only the countywide Anglo-majority voters to elect, then, virtually all whites to the . . . judgeships.

                                                            .

                                                            The above is from a report entitled The Voting Rights Act at Work 1982-2005 by The National Commission on the Voting Rights Act ...[This Commission was created by The Lawyers Committee for Civil Rights]

                                                            To read the complete report click> protecting minority voters - The Lawyers' Committee for Civil Rights ...

                                                              #202.1 - Mon Nov 12, 2012 8:27 PM EST
                                                              Reply

                                                              I find it fascinating that all democrats belive that the GOP is involved in voter fraud when Chicago and Philadelphia are the biggest areas of voter fraud in the US; and those areas are heaviliy controlled by democrats. I also finfd it interesting that certain people want the "conservative" element thrown out of the Supreme Court. I appears that "some people" are afraid of a little dissention. If you want everyone to be the same, then go to China.

                                                                Reply#203 - Tue Nov 13, 2012 8:02 AM EST

                                                                Any ruling should be considered based on its benefits to every Americans ability to have their vote recorded. No ruling should ever be considered only for what is good for individual states benefits or rights, the state is second to the citizen. Our federal, state and local election laws, rules and standards should all be crafted to increase voter turnout, to increase the number of days and hours available for voting, and to insure everyone that wishes to vote gets the chance to do so, within a reasonable time frame, and that those votes can be recorded as legitimate.

                                                                • 2 votes
                                                                Reply#204 - Tue Nov 13, 2012 8:23 AM EST

                                                                I agree with you, oppie, when you write--

                                                                Our federal, state and local election laws, rules and standards should all be crafted to increase voter turnout, to increase the number of days and hours available for voting, and to insure everyone that wishes to vote gets the chance to do so, within a reasonable time frame, and that those votes can be recorded as legitimate.

                                                                That is it in a nutshell.......and until that happens everywhere, we still need the 1965 Voting Rights Act to deal with violations or new gimmicks that are intended to suppress voters' rights.

                                                                • 2 votes
                                                                #204.1 - Tue Nov 13, 2012 8:51 AM EST
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                                                                Nursing homes have been a site of significant voter disenfranchisement in recent years. Survey reports from a ProPublica database show that in the past few years, dozens of nursing homes have been cited for violating residents’ voting rights. For example, a nursing home in Anchorage failed to ensure residents had the opportunity to vote in a municipal election.

                                                                One resident was reported to be “visibly tearful” and complained about having voted in every single election up until that particular one. In another case, a Los Angeles nursing home failed to help residents register to vote, which resulted in the residents being denied their right to vote. While the nursing home in Anchorage has since taken steps to correct its voting protocol, there remain examples of homes where these sorts of violations occur routinely.

                                                                It is not up to the nursing home to decide who should get to vote. Nursing home facilitators and administrators have an obligation to ensure their residents have access to as well as assistance with the voting procedure. Some residents may need to be reminded to vote. The administrators have an obligation to involve themselves with this as well. Nursing homes are often thought of as places where people go and lose their rights and their ability to manage their own affairs. Denying residents the opportunity to vote only serves to perpetuates this idea.

                                                                The rights of nursing home residents are protected under the law, just like they are for any American citizen. Voting rights for long-term nursing home residents are no exception.

                                                                by Kevin Rychel

                                                                  Reply#205 - Tue Nov 13, 2012 10:12 AM EST

                                                                  Requiring ID to vote seems perfectly reasonable and non-discriminatory as long as it's done fairly. The time to enact voter ID laws is now, with the next election years away, not just before the election as was tried in several states. If there is not a push now to enact such laws, it will be obvious that the recent flurry of "election reform" was indeed politically motivated to suppress voting by certain sectors, and not a genuine concern with preventing voting fraud.

                                                                    Reply#206 - Tue Nov 13, 2012 10:38 AM EST
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                                                                    I am so glad that somebody is actually paying attention to this very crucial issue. I really wish they would give it more air play as Justice Roberts has decided to bring a law that went into effect in 1947 for review. After what I have seen and had to go through just to vote in Florida since I moved here 20 years ago, I can only say that it would really be great to not feel like my vote didn't count again. I understand the story about two generals that have let these wars drag on for years have gotten caught with their pants down is very exciting, but I really want to scream at the media for continually falling into these idiotic sex scandal red herrings. Pay attention to what really matters, please. Our vote is the backbone of this country. Without it, we are nothing. Please pay more attention to the Supreme Court review of this law. It means everything. Thank you

                                                                      Reply#207 - Tue Nov 13, 2012 11:23 AM EST

                                                                      Understanding the Burden of Photo ID Voter Laws

                                                                      by: mooncat

                                                                      Thu Jul 19, 2012 at 10:58:00 AM CDT

                                                                      The Brennan Center for Justice has just released a new, must read, report , click> The Challenge of Obtaining Voter Identification, that focuses on 10 states with restrictive voter ID laws -- Alabama, Georgia, Indiana, Kansas, Mississippi, Pennsylvania, South Carolina, Tennessee, Texas, and Wisconsin.

                                                                      This report conclusively demonstrates that this promise of free voter ID is a mirage. In the real world, poor voters find shuttered offices, long drives without cars, and with spotty or no bus service, and sometimes prohibitive costs. For these Americans, the promise of our democracy is tangibly distant. It can be measured in miles.

                                                                      ... making the ID itself free does not address the significant obstacles that can make it difficult for Americans who lack the required photo ID to obtain one. Many of these voters do not have a car and will have to rely on public transportation — where it exists — to travel to a far-away government office. That office may be open only a few hours a week, and rarely on weekends or in the evening. Voters may have to miss work or arrange for childcare to make the trip. And even if they can make it there, they may not be able to afford the costly supporting documentation — such as birth certificates or marriage licenses — required to apply for photo ID.

                                                                      The information included about Alabama is shocking:

                                                                      • 32.7%, or 1,137,724, voting age Alabama citizens live more than 10 miles from the nearest state ID-issuing office which is open more than 2 days a week
                                                                      • 6.1% of voting age Alabama citizens (213,386) have no vehicle access.
                                                                      • 26.8% of those voting age Alabama citizens with no vehicle access (57,285) also live 10 miles or more from the nearest state ID-issuing office that's open more than 2 days a week
                                                                      • Alabama has the lowest per capita investment in public transportation of any state in the study -- zero dollars.

                                                                      Beyond the difficulties of travel and acquiring the necessary supporting documents, the offices (drivers license offices in Alabama) which issue these IDs are not open all the time. Under "Idiosyncratic Hours" the Brennan report notes that :

                                                                      In Alabama, the Rockford office is open only on the third Thursday of the month.

                                                                      Imagine you live in the Rockford area, you realize you need the new ID to vote, you are able to lay hands on your birth certificate and your marriage license (if you're a married woman) AND you find someone willing to drive you to the office. But you get there on Wednesday.

                                                                      Closed.

                                                                      Or say you know the office is only open on Thursday. But you get there on the second Thursday.

                                                                      Closed.

                                                                      Or on the first or fourth or even the elusive fifth Thursday of the month.

                                                                      Closed.

                                                                      Imagine the frustration and imagine how many people who experience that will never make it around to getting back to that office with all the necessary supporting documents on the correct day -- and during the often limited hours -- to try again. Burdensome? Yes it is. And it will happen all over Alabama's Black Belt.

                                                                      ... in 11 contiguous counties in Alabama, all of which are squarely located in the black belt, all state driver’s license offices are part-time and are open only one or two days per week. More than 135,000 eligible voters live in these 11 counties. Nearly half of them are black, and the black poverty rate is 41 percent.

                                                                      As the report notes, it doesn't have to be this way.

                                                                      Once partisan “voting wars” have subsided, we can easily move to modernize our ramshackle voter registration system. Using digital technology, states can assure that every eligible voter is on the rolls. That would add millions to the rolls, cost less, and curb the potential for fraud.

                                                                      We could spend time doing those things, but we don't, because one political party has realized that the fewer people who can vote, the better their chances of winning elections. This reminds me so much of the situation that gave us the 1901 Constitution in Alabama, where the wealthy planters realized it was getting harder and harder to steal elections so they had to shut those voters likely to oppose them out of elections altogether.

                                                                        Reply#208 - Tue Nov 13, 2012 2:39 PM EST

                                                                        click> Why Republicans Need Voter Suppression - In Their Own Words

                                                                        by: mooncat

                                                                        Mon Jul 09, 2012 at 17:10:31 PM CDT

                                                                        A jaw-dropping truth attack from a wealthy donor at a fundraiser for Massachusetts Gov. Mitt Romney in the Hamptons. She inadvertently explains why it's so horrible for Republicans when ordinary voters turn out and vote:

                                                                        A New York City donor a few cars back, who also would not give her name, said Romney needed to do a better job connecting. "I don't think the common person is getting it," she said from the passenger seat of a Range Rover stamped with East Hampton beach permits. "Nobody understands why Obama is hurting them.

                                                                        "We've got the message," she added. "But my college kid, the baby sitters, the nails ladies -- everybody who's got the right to vote -- they don't understand what's going on. I just think if you're lower income -- one, you're not as educated, two, they don't understand how it works, they don't understand how the systems work, they don't understand the impact."

                                                                        Poor people ... they just don't get why they should vote for the party of more tax breaks for the ultra-rich. That's exactly why Republicans need a strong voter-suppression campaign to have any chance this fall. If a lot of ordinary people vote, the GOP is toast.

                                                                        But a strong voter suppression campaign is exactly what they've got.

                                                                        In the past two years at least 10 states have passed laws requiring prospective voters to show a government issued photo id before being allowed to vote. The people most likely to be disenfranchised by these voter id laws are exactly the people that Romney donor is talking about: The poor, minorities, the elderly, those with little education. And it's not to combat election fraud, which is the GOP cover story.

                                                                        The numbers suggest that the legitimate votes rejected by the laws are far more numerous than are the cases of fraud that advocates of the rules say they are trying to prevent.

                                                                        ...

                                                                        Supporters of the laws cite anecdotal cases of fraud as a reason that states need to do more to secure elections, but fraud appears to be rare. As part of its effort to build support for voter ID laws, the Republican National Lawyers Association last year published a report that identified some 400 election fraud prosecutions over a decade across the entire country. That's not even one per state per year.

                                                                        ID laws would not have prevented many of those cases because they involved vote-buying schemes in local elections or people who falsified voter registrations.

                                                                        A Pennsylvania Republican legislator listed the voter id law as one of his party's accomplishments ... and said it would give the state to Mitt Romney this fall.

                                                                        Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done.

                                                                        Florida Gov. Rick Scott (R) has embarked on a purge of voter lists (they did the same thing in 2000) with 180,000 voters to be deemed ineligible. Those voters, mostly from groups which lean toward Democrats, are to be presumed ineligible unless they swear to be citizensand provide documentation of citizenship ... with only a 30 day response window.

                                                                        The purge disproportionately affects nonwhite voters, who make up around 82 percent of the list (as compared with 30 percent of Florida's population). While white people make up 70 percent of the state's registered voters, only 16 percent of the list is white. Of the 2,700 listed, around 500 have proven themselves citizens thus far. So far, only around 100 of those 2,700 are ineligible to vote. The fate of the vast majority, however, is still unclear.

                                                                        Mississippi Republicans may have come up with the slickest voter suppression scheme. They passed a voter-id bill that essentially locks out voters who don't already have a photo-id:

                                                                        Voters without a photo ID are facing a circular problem: They need a certified birth certificate to get the voter ID, and they need a photo ID to get the birth certificate.

                                                                        How about Alabama? Yep. Republican supermajorities in our Legislature rammed a photo id law through here as well, even though we already had a very good law which required voters to show identification at the polls. In fact, that old list of acceptable id is still what shows up on the Secretary of State's website because changes to election law in Alabama have to be pre-cleared by the DOJ. Can you hear the GOPers shouting "states' rights" here?

                                                                        The new voter id requirement here is expected to take effect in 2014, just in time for the gubernatorial and legislative elections. Every Alabama voter will have to show -- not just identification -- but photo identification. And only certain types of photo id will be accepted. Chances are good that a lot of "common people," the "college kid[s], the baby sitters, the nails ladies" that rich Romney donor lamented, will be turned away for lack of the special photo id.

                                                                          #208.1 - Tue Nov 13, 2012 2:47 PM EST
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                                                                            Reply#209 - Tue Nov 13, 2012 2:58 PM EST

                                                                            High court's slight shift encourages supporters of Voting Rights Act

                                                                            The National Law Journal

                                                                            11-15-2012

                                                                            When the Supreme Court grants review of a case, it usually accepts the wording of the "question presented" by the petitioner's brief.

                                                                            In granting certiorari on Nov. 9 in the voting rights case Shelby County v. Holder, the court did a slight rewrite of the question offered by Shelby County, adding the Fourteenth Amendment to the case—and giving a glimmer of hope to worried supporters of the Voting Rights Act.

                                                                            As written by lawyers for the Alabama county, the question presented asked only whether the preclearance Section 5 of the Voting Rights Act exceeds Congress's authority under the Fifteenth Amendment, the post-Civil War amendment that specifically protects the right of all citizens to vote.

                                                                            Civil rights intervenors, led by the NAACP Legal Defense and Educational Fund, told the court in their brief that the wording of the question was incorrect and that the Fourteenth Amendment, with its broader equal protection wording, should be added, if the court granted review.

                                                                            Solicitor General Donald Verrilli Jr. also said in his brief for the government that Shelby County's effort to "pare down" the inquiry is based on a "mistaken understanding" of the Constitution and the history of the Voting Rights Act.

                                                                            The wording of the "question presented" is not a trivial matter. In calibrating the scope of a case, justices often refer to the question presented to decide which issues and arguments are relevant, and which are out of bounds.

                                                                            "We think the broader look is important," said Debo Adegbile, acting director counsel of the legal defense fund. "It means that the court will look at the full scope of the enforcement authority of Congress."

                                                                            Asked if inclusion of the Fourteenth Amendment gave his side a better shot at winning and preserving the Voting Rights Act, Adegbile said yes, adding, "We want the fuller story to be told."

                                                                            That fuller story, Adegbile said, includes the fact that the court has already ruled that intentional dilution of voting power violates the Fourteenth Amendment. In addition, Congress invoked both the Fourteenth and the Fifteenth Amendment when it renewed the Voting Rights Act in 2006.

                                                                            "We added the Fourteenth Amendment because the Supreme Court has never decided the question of whether intentional vote dilution violates the Fifteenth Amendment, as it has for the Fourteenth Amendment. Much of what Section 5 protects [against] is vote dilution, as opposed to vote denial," said Jon Greenbaum, chief counsel of the Lawyers' Committee for Civil Rights Under Law, and counsel of record for the intervenors in the Shelby County case. "We're glad that the Supreme Court added the Fourteenth Amendment to the question presented, and we feel good about the arguments we will be presenting to the court."

                                                                              #209.1 - Sun Nov 18, 2012 12:26 AM EST
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