TEXAS: Fifth Circuit Court Of Appeals Slaps Down State's Voter ID Law

The Dallas Morning News reports:

The Fifth Circuit Court of Appeals ruled Wednesday that Texas’ voter ID law violates the Voting Rights Act — but it also said the law is not a “poll tax.” In an unanimous decision, a three-judge panel ruled that the controversial and Republican-backed measure violated Section 2 of the landmark civil rights law. The law has been part of a complicated legal battle for years. But the victory was narrow win for opponents of the law. The judges also rejected a previous judge’s ruling that the law was passed with the intent to discriminate. The Fifth Circuit sent that portion of the lawsuit back to a U.S. district court. The court wrote that, if the lower court finds in its review of the case that the voter ID Law only violates Section 2 of the Voting Rights Act, it should find a solution that can still reduce the risk of in-person voter fraud and satisfy the legislative intent of the voter ID law.

The state is likely to request review before the full Fifth Circuit or appeal directly to SCOTUS.

Hillary "Lets Rip" On Voting Rights

The wingnuts are already very unhappy about this.

Voter Turnout: Lowest In 72 Years

From the New York Times:

The abysmally low turnout in last week’s midterm elections — the lowest in more than seven decades — was bad for Democrats, but it was even worse for democracy. In 43 states, less than half the eligible population bothered to vote, and no state broke 60 percent. In the three largest states — California, Texas and New York — less than a third of the eligible population voted. New York’s turnout was a shameful 28.8 percent, the fourth-lowest in the country, despite three statewide races (including the governor) and 27 House races.

Over all, the national turnout was 36.3 percent; only the 1942 federal election had a lower participation rate at 33.9 percent. The reasons are apathy, anger and frustration at the relentlessly negative tone of the campaigns. Republicans ran a single-theme campaign of pure opposition to President Obama, and Democrats were too afraid of the backlash to put forward plans to revive the economy or to point out significant achievements of the last six years. Neither party gave voters an affirmative reason to show up at the polls.

Colorado and Oregon, two states with voting by mail, had double the voter turnout of New York, which has no early voting. Maine, which allows early voting, had the highest turnout in the nation at 59.3%.

Quote Of The Day - Sen. Bernie Sanders

"Election Day should be a national holiday so that everyone has the time and opportunity to vote. While this would not be a cure-all, it would indicate a national commitment to create a more vibrant democracy. We should not be satisfied with a ‘democracy’ in which more than 60 percent of our people don't vote and some 80 percent of young people and low-income Americans fail to vote. We can and must do better than that." - Sen. Bernie Sanders (I-VT), who plans to introduce such a bill next week.

RELATED: A similar Senate bill sponsored by Hillary Clinton and John Kerry failed in 2005. That bill also would have allowed the nation's estimated 4.7M felons to vote. In April of last year, Rep. Steve Israel (D-NY) re-introduced the Weekend Voting Act, which would move election day to the first Saturday in November. That bill died in the GOP-dominated Committee On House Administration. Some others countries have weekend voting and dozens technically have compulsory voting although most do not enforce that rule.

Phyllis Schlafly: Early Voting Must Be Stopped Because It Helps Democrats

"Democrats promote early voting for the same reason they oppose voter ID: because they view early voting as helping their side. In the absurdly long 35-day period of early voting in Ohio in 2012, Democrats racked up perhaps a million-vote advantage over Republicans before Election Day was ever reached. Republicans have been slow to realize how early voting helps the Democrats. Most top Republican political operatives firmly believed, right up to the morning of the 2012 election, that Mitt Romney was going to win. Romney lacked a message, too, but he was mainly defeated by the Democrats’ superb ground game, which exploited early voting in key states such as Florida and Ohio. By continuously updating their computer-based information about who had not yet voted, Democrats could harass and nag low-information voters until they turned in their ballots." - Phyllis Schlafly, admitting in World Net Daily what the GOP always officially denies.

Lewis Black On GOP Voter Suppression

Fantastic.

Sen. Kirsten Gillibrand Announces Bill To Expand Online Voter Registration

Via the Associated Press:

Sen. Kirsten Gillibrand says people across the country should be able use their computers, smartphones or electronic tablets to register to vote. The New York Democrat is announcing legislation Sunday that would force the 23 states that don't have an online registration system to establish one. The bill also would expand enrollment access in states that currently have online systems by making them open to all eligible voters without requiring a state-issued ID. Gillibrand says nearly half of eligible voters don't have access to online registration.

New York ranks 47th in voter registration.

FRC Cheers Voting Rights Act Ruling

"There will no longer be a special category for these 15 states -- many of which are now at the forefront of elected minorities! From now on, these regions will have the same equal opportunity to define their voting laws as anyone else. For too long, states like Alabama, which brought the lawsuit, have been prisoners of history. Instead of punishing them for past mistakes, this ruling finally takes states out from under Washington's thumb and gives them a fresh start. In recent days, the Voting Rights Act has been a tool for a liberal and politically-motivated DOJ to shape laws to its advantage. And in an administration as corrupt as President Obama's is proving to be, the less power it has over the states, the better!" - Hate group leader Tony Perkins, who has ties to the KKK and who keynoted a convention of white supremacists, via email.

Texas AG: Our Voter ID Law Is Now Valid Thanks To Supreme Court Ruling

Texas Attorney General Greg Abbott reacted quickly to today's Supreme Court ruling on the Voting Rights Act by declaring that all citizens must now present photo ID when voting. Via the Dallas Morning News:

“With today’s decision, the State’s voter ID law will take effect immediately,” Abbott announced. “Redistricting maps passed by the Legislature may also take effect without approval from the federal government.” Laughlin McDonald of the ACLU, on a call with reporters, conceded that Texas has “a very strong argument” that in light of today’s Supreme Court decision, it can implement the Voter ID law and other laws that previously required federal approval.

The Texas Department of Public Safety has announced that starting Thursday, “Photo identification will now be required when voting in elections in Texas.” Starting Thursday, Texas driver license offices will begin issuing photo IDs to anyone who don’t already have one. Under the 2011 state law creating one of the state’s most strict voter ID laws, the certificates are free and valid for six years. To qualify, an applicant must show U.S. citizenship and Texas residency.

Raise your hand if you're shocked.  Abbott, not incidentally, plans to succeed Rick Perry as governor.

RELATED: In April, Abbott said that any Texas city that offers domestic partners benefits to employees is in violation of the state constitution, which bans any recognition of same-sex relationships.

LGBT Rights Groups Denounce Supreme Court's Ruling On Voting Rights Act

LGBT Rights Coalition

We, America’s leading LGBT advocacy organizations, join civil rights organizations – and indeed, all Americans whom this law has served to protect – in expressing acute dismay at today’s ruling. Not only had Congress repeatedly reaffirmed the need for this bedrock civil rights protection, but authoritative voices from across America had filed amicus briefs urging the court not to undermine the law: the NAACP; the American Bar Association; the Navajo Nation; the states of New York, California, Mississippi and North Carolina; numerous former Justice Department officials charged with protecting voting rights; dozens of U.S. senators and representatives; and many others.

These varied and powerful voices attest to the self-evident reality that racial protections are still needed in voting in this country. As recently as last year’s elections, political partisans resorted to voter suppression laws and tactics aimed at reducing the votes of people of color.  Voting rights protections, which have long served our nation’s commitment to equality and justice, should not be cast aside now. The court has done America a grave disservice, and we will work with our coalition partners to undo the damage inflicted by this retrogressive ruling.

The above was co-signed by Lambda Legal, Freedom To Marry, National Center for Lesbian Rights, HRC, Pride At Work, GMHC, GLAD, National Black Justice Coalition, Family Equality Council, The Task Force, PFLAG, and several others.

Supreme Court Strikes Down Key Portion Of Voting Rights Act Of 1965

From NBC News:

The Supreme Court on Tuesday struck down a key part of the Voting Rights Act of 1965 — the map that determines which states must get federal permission before they change their voting laws. The ruling, a 5-4 decision by Chief Justice John Roberts, leaves the future of the law deeply uncertain because it will be up to a sharply divided Congress to redraw the map.

“Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions,” Roberts wrote for the court. Under the law, nine mostly Southern states must get permission from the Justice Department or a special panel of three federal judges before they make changes. The rule also applies to 12 cities and 57 counties elsewhere.

More from ABC News:

Chief Justice John Roberts said for the conservative majority that Congress "may draft another formula based on current conditions." That task eluded Congress in 2006 when lawmakers overwhelmingly renewed the advance approval requirement with no changes in which states and local jurisdictions were covered, and Congress did nothing in response to a high court ruling in a similar challenge in 2009 in which the justices raised many of the same concerns.

"The coverage formula that Congress reauthorized in 2006 ignores these developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data reflecting current needs," Roberts said. The decision means that a host of state and local laws that have not received Justice Department approval or have not yet been submitted will be able to take effect. Prominent among those are voter identification laws in Alabama and Mississippi.

The National Journal:

Section 5 of the Voting Rights Act, which requires counties with a history of passing laws that target minority voters to seek Justice Department approval when changing voting laws, applies to Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia, along with several other counties and cities across the country.

The case was brought forth by Shelby County, Ala., which claimed that the days of racist voting laws are gone, citing the reelection of a black president. The case argues that these Southern states, which the law applies to, should have the right to independently change their statutes without the Justice Department's approval. The county did not argue that there was racism at one point in the South, which unfairly targeted minority voters. The Justice Department's position is that there are still several jurisdictions that need to be monitored. Racism, they said, is not over in the country, where voter intimidation and restrictive voting laws still exist.

ARIZONA: Gov. Jan Brewer Signs Bill Effectively Barring Third Party Candidates

Laurie Roberts writes for Arizona Central:

This afternoon, Gov. Jan Brewer signed an elections bill that basically wipes out Libertarian and other third-party candidates, boosting their signature requirements to unattainable levels. Green Party candidates would actually have to collect more signatures than they have party members.

Wasn’t it just a few months ago that our leaders were oh so concerned about making sure that voters had choices? Who can forget their collective whine that last year’s top-two primary initiative would virturally assure that no third-party candidate would ever again appear on a general-election ballot? Now they’ve guaranteed it.

Roberts notes that the bill's GOP sponsor calls her measure an "election integrity bill." (Tipped by JMG read Homer)

Tea Party Targets Trans Voters

Above is the charming image Tea Party organizers are using as part of their "poll watchers" training. Teabaggers are told to try and spot trans voters who may be trying to vote under their new names.  The National Center for Transgender Equality has a voting guide to deal with just such assholery.  (Via Zack Ford @ Think Progress)

Obama Votes Early

Yesterday President Obama became the first sitting president to use early voting. Have you voted yet? Unfortunately for those in the tri-state NYC area, we have no early voting.

MARYLAND: Absentee Ballots Missing Page With Marriage Equality Section

JMG reader Mike tips us to this developing story out of Maryland:

With two weeks left until the election, the News4 I-Team is uncovering ballot problems in Maryland. We got a tip from a Maryland voter who says his absentee ballot arrived in the mail missing an entire page. That means he couldn’t vote on some of the most talked-about ballot issues, including Question 6 on same-sex marriage, Question 7 on expanded gambling and all of his local county ballot initiatives. We spoke to multiple election officials today. The Maryland State Board of Elections Deputy Administrator Ross Goldstein confirmed that some absentee ballots in Montgomery and Prince George’s counties are missing the second page.

Election officials are downplaying the problem, saying that a relative few number of ballots are affected.

Supreme Court Shoots Down GOP Plot To Thwart Early Voting In Ohio

Great news.

The Supreme Court on Tuesday denied Ohio's request to curtail early voting in the state leading up to the November 6 presidential election. Ohio, critical to the election hopes of Democratic President Barack Obama and Republican challenger Mitt Romney, began early in-person voting earlier this month but planned to cut it off on November 2, the Friday before the election, except for members of the military. The Obama campaign, the Democratic National Committee and the Ohio Democratic Party had sued Ohio officials to restore early voting right up to election day eve. Republicans opposed their efforts, saying a cutoff was needed to reduce voter fraud.

Activist judges!

Republicans Push "Poll Watchers" Plot To Intimidate Minority Voters

Republican and Tea Party strategists are promoting a "poll watching" program to place their operatives at polling stations in order to intimidate minority voters.  Phyllis Schlafly hypes the plan today at World Net Daily:

The wide use of absentee and mail-in ballots has destroyed our traditional American secret ballot. This is a major loss of an important American right and an open door to election fraud. It’s important to know that it’s much easier to prevent vote fraud beforehand than it is to overturn an election suspected of being plagued with fraud. Can individual citizens do something to prevent vote fraud, or can we count on the government to protect us from the cheaters? There are things you can do right now, before the election. You can volunteer to be a poll watcher, sometimes called poll observers or challengers or checkers, and usually at least one watcher is allowed to be close enough to the election officials to be able to compare the voter’s signature with the verification record.  State laws vary about the rights and duties of poll watchers and how many can be in a polling place. You can get some helpful advice and good instructions by contacting www.truethevote.org.

One commenter at the above-linked story suggests using cell phone cameras to "unsettle" voters that appear to be the type to vote against Jesus.

Maya Angelou: Don't Give Up Your Vote

"We are here in direct relation to the heroes and she-roes who paid with their lives for this right. Many of us are old enough to remember what it felt like to be told we could not register to vote without taking a test or paying a poll tax. Some were asked how many angels danced on a head of a pin, how many bubbles were in a bar of soap. We are here because four courageous college freshmen sat down at a lunch counter in Greensboro in 1960, four years before the passage of the Civil Rights Act, to make a stand for equality. It’s a terrible thing to obstruct access to the ballot. But we follow all those who had the courage to dare to live so we can dare to live.

"Because of them, we are here. So vote to keep moving us forward. And carry with you your friends, family and neighbors. Carry them from your congregations, your beauty salons and barbershops, your sororities and fraternities. Carry with you those five people whose vote could make the difference. You may be pretty or plain, heavy or thin, gay or straight, poor or rich. But nobody has more votes than you. All human beings are more equal to each other than they are unequal. And voting is the great equalizer. It is important. It is imperative. There is no time for complacency." - Maya Angelou, writing for the Winston-Salem Journal.

OHIO: Voter Fraud Billboards Appear In Minority Neighborhoods

The above billboards are appearing in numerous minority neighborhoods across Ohio. And Clear Channel won't say who is paying for them.

Civil rights and labor groups have denounced the billboards as an attempt to intimidate minority voters. "Intimidating billboards that point out voter fraud are appearing in predominantly African American communities in Ohio, despite little to no evidence that voter fraud exists," said Ohio AFL-CIO Secretary Treasurer Pierrette “Petee” Talley in a statement. Clear Channel vice president of marketing, Jim Cullinan said, "the signs are accurate and are not an attack ads and that is why the signs will remain." NBC4: The name on the bottom of the ad says, "Private Family Foundation" who are they? "The advertiser asked to remain anonymous," said Cullinan."

PENNSYLVANIA: Billboards Wrongly Claim Photo ID Is Required To Vote

Even though a judge overturned Pennsylvania's attempt to require photo IDs at the ballot box, state-funded billboards continue to claim otherwise.

The state-sponsored billboard’s message may leave some voters confused about what’s needed to cast a ballot this year, after a court ruling last week blocked a requirement to produce an approved photo identification at polling places. Television advertisements highlighting the law that passed this year also were broadcast as recently as Oct. 6. Lingering ads about the law in the Republican-led state may suppress votes on Nov. 6, opponents say, while just 3 percentage points separated the presidential contenders in a recent Pennsylvania poll.