Democracy and Voting

  • February 10, 2014
    Guest Post
    by Paul S. Ryan, Senior Counsel, The Campaign Legal Center
     
    Controversy is swirling around a number of websites that have been set up by the National Republican Congressional Committee (NRCC) in recent months. The websites have URLs and headlines that imply support for named Democratic candidates for Congress. The websites also have prominent “donate” buttons. But in less prominent text, the websites indicate opposition to the named candidates and any contributions made via the websites actually go to the NRCC.
     
    The Los Angeles Times has counted 18 such websites so far, with URLs such as AnnKirkpatrick.com, SinemaForCongress.com and RonBarber2014.com. Ann Kirkpatrick, Kyrsten Sinema and Ron Barber are all Democratic Members of Congress running for reelection this year. The headlines at the top of these pages read “KIRKPATRICK FOR CONGRESS,” “Kyrsten Sinema for CONGRESS” and “Ron Barber CONGRESS,” respectively. Time has described these websites as “clearly designed to trick the viewer—at least at first—into thinking they’re on a legitimate campaign website.” But these websites aren’t merely part of the underhanded games that typically accompany political campaigns. They also violate federal law.
     
    For decades, the Federal Election Commission (FEC), the administrative agency charged with enforcing federal campaign finance laws, has been concerned with efforts by noncandidate political committees (such as party committees like the NRCC and its counterpart, the Democratic Congressional Campaign Committee) to trick people. Since the late 1970s, federal law, 2 U.S.C. § 432(e)(4), has prohibited any noncandidate political committee from “includ[ing] the name of any candidate in its name.” Initially, the FEC interpreted this statutory prohibition as applying only to the official name a committee registered with the FEC. For example, those who set up independent committees to support Ronald Reagan’s 1980 presidential campaign were prohibited from using Reagan’s name in their official committee name. Instead, they registered committees with the FEC using names such as “Americans for Change” and “Americans for an Effective Presidency.”
     
  • February 10, 2014
    Guest Post
    by Leah Aden, Assistant Counsel, Political Participation Group, NAACP Legal Defense and Educational Fund
     
    * Ms. Aden is a member of the litigation team in Terrebonne Parish Branch NAACP et al. v. Jindal et al.
     
    Last week, nearly 60 years after the NAACP Legal Defense and Educational Fund, Inc’s (LDF) client, Autherine Lucy, sought to become the first Black student to integrate the University of Alabama, LDF and cooperating Louisiana attorney Ronald L. Wilson filed a federal lawsuit to empower Black voters in Terrebonne Parish, Louisiana to elect their candidates of choice for the 32nd Judicial District Court for the first time in the Parish’s history.
     
    The lawsuit, Terrebonne Parish Branch NAACP et al. v. Jindal et al., filed on behalf of the Terrebonne Parish Branch NAACP and several Black voters in Terrebonne, challenges the Parish’s at-large method of electing judges for this state court as a violation of the Voting Rights Act and the U.S. Constitution.
     
    For nearly two centuries, Terrebonne Parish has used at-large voting to maintain a racially segregated 32nd Judicial District Court. That system for electing judges has guaranteed that Black voters, in spite of having tried in election after election, cannot elect their judges of choice for this court. As a result, a Black candidate has never been elected as a judge on the 32nd Judicial District Court. Meanwhile, a sitting judge on this parish court has been suspended for wearing blackface, an orange prison jumpsuit, handcuffs, and an afro wig to a Halloween party as part of his offensive parody of a Black prison inmate.
     
    This lawsuit seeks to bring greater inclusion and democratic legitimacy to Terrebonne Parish’s political process through district-based voting. For too long, at-large voting, in combination with racial bloc voting, has functioned as a structural wall of exclusion to this parish court.  Although Black voters comprise nearly 20 percent of the Parish’s voting-age population, and consistently vote together in parish-wide elections, the at-large electoral method dilutes their cohesive vote for their preferred candidates of choice.
     
  • February 7, 2014
     
    The New York Times editorial board cited an amicus brief in Sebelius v. Hobby Lobby Stores authored by Frederick Mark Gedicks, Faculty Advisor for the Brigham Young University J. Reuben Clark Law School ACS Student Chapter. The paper calls for the Court to recognize the Establishment Clause’s precedent in the lawsuit against the Obama administration. Gedicks also authored an ACS Issue Brief examining the challenges to the Affordable Care Act’s contraception policy and laid out an argument against granting religious exemptions to for-profit corporations on ACSblog.
     
    Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, released a statement praising the Senate Judiciary Committee for its favorable report of Debo Adegbile to be the Assistant Attorney General in the Department of Justice's Civil Rights Division. In the statement, Ifill says Adegbile “has precisely the type of broad civil rights experience that is required at this pivotal moment in our country.”
     
    Last summer, the U.S. Supreme Court struck down a key provision of the Voting Rights Act that required federal review of voting laws in states with a history of voter discrimination. Adam Ragusea of NPR reports from Macon, Georgia on the repercussions felt by the city’s minority voters.
     
    Human Rights Watch explores the legal and ethical implications of a growing trend among probation companies to “act more like abusive debt collectors than probation officers.”
     
    The Honorable Robert L. Carter is in the NAACP Legal Defense and Educational Fund’s “Black History Month Spotlight.”
  • February 6, 2014
     
    Writing for The Huffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
     
    Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
     
    The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
     
    David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
     
    At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.

     

  • February 4, 2014
     
    The Lilly Ledbetter Fair Pay Act was the first bill signed into law by President Obama in 2009 and has been a vital tool in the battle against wage discrimination ever since. Writing for Roll Call on the anniversary of the bill’s passage, Lilly Ledbetter and the American Civil Liberties Union’s Deborah J. Vagins reflect on the legacy of the Ledbetter Act, the importance of the proposed Paycheck Fairness Act and the necessity of executive order.
     
    Last year, the Senate eliminated its 60-vote supermajority requirement for most judicial and executive appointments after Senate Republicans chose to filibuster an egregious number of President Obama’s nominees. In an article for The Blog of Legal Times, Todd Ruger explains why it is likely that the Senate’s power to filibuster nominations will remain applicable to our nation’s highest court.
     
    Writing for the Center for American Progress, Joshua Field examines the current state of the Voting Rights Act, post-Shelby County. In his report, Field addresses the need to combat voting-related discrimination and the role our federal courts must play going forward.
     
    In an article for The National Law Journal, Tony Mauro examines the ACLU’s First Amendment fight against the Supreme Court’s ban on protesting on the Court’s plaza.