As discussed last November, the Dems’ Rules and Bylaws Committee votes to hold one or two more caucuses before the New Hampshire primary in 2008. “Most observers believe the additional states will come from the South and the West…South Carolina, Arkansas, New Mexico, Colorado, Arizona, Alabama and Mississippi are among the states under consideration.“
Tag: Voting Reform
Justices and Gerrymanders.
The Bush administration loves it, but many Justice Dept. officials think it’s illegal…Now, it’s the Supreme Court’s turn to weigh in on Boss DeLay’s gerrymandering plan in Texas. “Two years ago, justices split 5-4, in a narrow opening for challenges claiming party politics overly influenced election maps. Justice Anthony M. Kennedy was the key swing voter in that case, and on Wednesday expressed concerns about at least part of the Texas map.” (Rehnquist and O’Connor sided against the map challenge then, so a switch by Roberts or Alito will only mean a larger majority against the DeLay redistricting, should the same votes hold.) Update: Justice Ginsburg finds the subject exhausting, and Dahlia Lithwick reports in.
Diebold Another Day.
“Let’s make this clear, folks. The docs Heller is accused of exposing were important evidence. First, they show that Diebold and their attorneys, Jones Day, conspired to mislead the California secretary of state, and that the lie they told was material, and resulted directly in the disenfranchisement of voters. Second, another document demonstrates that Diebold lied to the secretary of state when it represented that certain problems with its software were ‘fixed.’ This document, the release notes for the new software, showed that the problems were not fixed. Third, the documents showed that Diebold had been advised by Jones Day that what it had been doing with its uncertified software was illegal. Fourth, the documents show that Jones Day advised Diebold that it was subject to criminal prosecution. So in a nutshell, Diebold was defrauding the state government and taxpayers of California, and disenfranchising the voters of California. And the documents PROVE it.”
In keeping with recent GOP tales of hounding whistleblowers and using the long arm of government to attack critics, Stephen Heller — the man who exposed some severe shadiness on the part of voting machine maker Diebold and their corporate lawyers, Jones Day — is now facing now three felony counts for raising the alarm. “Heller’s lawyer believes the 2 year wait to file charges was due to the then-impending 2004 election, and that Diebold and their attorneys didn’t want the information to be made public in the lead up to the election.” Flashback: Diebold’s right-wing CEO guaranteed Dubya would win Ohio in the last campaign, and he may well have delivered. (Via Medley.)
Shadies gotta stick together.
Despite well-publicized concerns in their own Justice Department (which were overruled by senior officials), the White House rides to the rescue of Boss DeLay’s troubling redistricting plan by filing an amicus brief before the Supreme Court. “DeLay’s efforts on behalf of the plan resulted in his being admonished by the House Ethics Committee and indicted on charges of illegally diverting money to the campaigns of state legislators who drew the new map.“
Dubya Justice / The Way of Payne.
“The voting section is always subject to political pressure and tension. But I never thought it would come to this…I was there in the Reagan years, and this is worse.” With the help of former career officials who’ve resigned in disgust, the Post delves deeper into the partisan corruption of the Justice Department’s Civil Rights Division on Dubya’s watch. “The Bush administration has…initiated relatively few cases under Section 2, the main anti-discrimination provision of the Voting Rights Act, filing seven lawsuits over the past five years — including the department’s first reverse-discrimination complaint on behalf of white voters…By comparison, department records show, 14 Section 2 lawsuits were filed during the last two years of Bill Clinton’s presidency alone.“
And, in related news, Salon‘s Will Evans uncovers a crooked Dubya-appointed federal judge, James Payne of the 10th Court of Appeals. Apparently Judge Payne “issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock,” which, obviously, is illegal. “‘There’s no wriggle room here,’ says professor Stephen Gillers, a scholar of legal ethics at the New York University School of Law. ‘It’s not just an ethics rule, it’s a congressional statute — a law.’” Little wonder the administration is running scared from pics of Casino Jack — they’ve already got the stink of Abramoff-style cronyism and corruption all over them.
(Chief) Justice De-Layed?
Ten days after the Post unearthed a Justice Department memo deeming the recent Texas redistricting a violation of civil liberties, the Supreme Court says it will review the DeLay plan. “The panel stressed that it was deciding ‘only the legality’ of the redistricting plan, ‘not its wisdom.'”
Justice DeLay-ed.
Another smoking gun…The Post obtains a memo showing that Justice Department lawyers generally agreed that the infamous DeLay redistricting in Texas violated the Voting Rights Act. “The memo, unanimously endorsed by six lawyers and two analysts in the department’s voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections.” Nevertheless, higher-ups at John Ashcroft’s Justice Dept. overruled the memo for partisan reasons, to great effect: “The redistricting was approved in 2003, and Texas Republicans gained five seats in the U.S. House in the 2004 elections, solidifying GOP control of Congress.” As the illegalities pile up, one has to wonder: Is there any facet of the Republican operation that isn’t rotten to the core?
Rock the Vote.
The Commission on Federal Election Reform, headed by former President Jimmy Carter and longtime Bush consigliere James Baker, delivers a set of proposals for fixing our tottering election system. Among the recommendations included are the adoption of a standard photo ID [which former Sen. Tom Daschle (D-SD) has likened to a “modern-day poll tax,”] full electronic voting paper trails, free TV time for political candidates, the implementation of a regional primary system, and the non-partisan administration of future elections. Well, I’d like to see more strictly campaign-finance-related initiatives here, but, if nothing else, these sound like a good starting point for debate. After all, it should be clear to all by now that the current system has major issues, to say the least. (Just ask Ohio.)
Diebold Redux.
“We…know that Bush ‘won’ Ohio by 51-48%, but statewide results were not matched by the court-supervised hand count of the 147,400 absentee and provisional ballots in which Kerry received 54.46% of the vote. In Cuyahoga County, Ohio the number of recorded votes was more than 93,000 greater than the number of registered voters. More importantly national exit polls showed Kerry winning in 2004. However, It was only in precincts where there were no paper trails on the voting machines that the exit polls ended up being different from the final count.” None dare call it stolen? A new report by Pomona professor Dennis Loo offers considerable evidence that election 2004 witnessed more GOP monkey business than has been previously reported in the mainstream press.
Mister Roberts.
“What the social conservatives want is someone who will overturn Roe. v. Wade and change the court’s direction on privacy…But [Roberts] represents the Washington establishment. These Washington establishment people are not revolutionaries, and they’re not out to shake up constitutional law. They might make course corrections, but they’re not trying to sail the boat to a different port.” So, John Roberts. (I was traveling/working and missed out on yesterday’s Clements bubble.) Early word seems to be that he’s a tried-and-true conservative — A member of the Federalist Society, he was a Rehnquist clerk and a protege of Ken Starr — but not necessarily an ideologue or throwback. He seems a bit shaky on civil liberties, at least if you’re a Guantanamo inmate or a 12-year-old eating fries on the DC Metro. (And, of course, there’s the worrying inconsistency on Roe v. Wade.) But, my first impression, like many, is that Dubya could’ve picked a lot worse. Still, let’s get him before the Senate and see what comes out. Update: Hmmm…questionable on the environment, voting rights, and church-state separation too.