"New ID System May Block Voters"

The Los Angeles Times offers this report, which begins: "Thousands of Californians who register to vote or update their records may not receive sample ballots or be able to vote as absentees because of the state's new method of verifying identities, election officials say. The new statewide database designed by Secretary of State Bruce McPherson to authenticate voter registrations has blocked otherwise valid registrations because of computer glitches, slight discrepancies in spelling or incomplete applications."

Even More Fallout over Padilla v. Lever Decision; Until the Ninth Circuit Rules, Will All Initiative Petitions Circulated in California Be Under a Threat of Removal for Failure to Comply with the Voting Rights Act?

The Monterey Herald offers this report, which begins: "Monterey County supervisors, despite a barrage of personal barbs, decided Tuesday to remove Measure C, a ballot measure regarding the controversial Rancho San Juan development, from the county's June ballot. The 4-1 vote, with Supervisor Dave Potter dissenting, sets up a new round of lawsuits over a blossoming conflict between county land-use policies and compliance with Spanish-language requirements of the federal Voting Rights Act." Meanwhile, in Redlands California, a judge ruled "that a petition for a proposed ballot initiative to protect land in the South Hills was invalid because it was not translated into Spanish. The decision came a day after a San Bernardino Superior Court judge ruled that referendums on two housing and retail projects totaling about 300 acres were flawed because they violated the state Elections Code. The referendums were scheduled to appear on the June 6 ballot in which voters also will elect three council members."

This is exactly the problem I warned about in this Dec. 12, 2005 oped in the Los Angeles Times ("A little-noticed ruling from the U.S. 9th Circuit Court of Appeals last month threatens to throw a monkey wrench into California's initiative process, and it has already been used by City Council members in Rosemead to block a recall election"). I urged the Ninth Circuit panel deciding Padilla v. Lever to reconsider its ruling en banc, and "at the very least, the 9th Circuit panel should apply this ruling only to initiatives or recall petitions not already qualified to be in circulation."

Still, however, no ruling on the en banc requests in the Ninth Circuit. This kind of uncertainty should not stand.

"Ex-Prisoners With Court Debt Must Have Vote, Judge Rules"

The New York Times offers this report, which begins: "Washington State may not deny former prisoners the right to vote simply because they are too poor to pay outstanding court costs, a state judge in Seattle ruled on Monday." I have uploaded the court's opinion here.

"Extension of Voting Act Is Likely Despite Criticism"

The New York Times offers this report on congressional debate over the reauthorization of the expiring provisions of the Voting Rights Act. You can also click on an accompanying graphic showing the growth of black elected officials in the U.S.

527 Legislation Update

The Hill offers Republicans vow to pass limits on 527s, which begins: "House Republicans yesterday sent a message to Democrats insistent on keeping restrictions on 527 groups out of the chamber's lobbying reform bill. Five GOP members, led by Chief Deputy Whip Eric Cantor (R-Va.), declared they would use every opportunity to seek a crackdown on the 527s' potent political power."

"Freeing Free Speech"

The Washington Times offers this oped on the FEC internet rulemaking.

Court Upholds California Districting Against State Constitutional Challenge

See Nadler v. Schwarzenegger. Note footnote 2, in which the California appellate court does not seem aware of the U.S. Supreme Court's decision in Vieth v. Jubelirer.