From the NYT: Virginia Governor Restores Voting Rights to Felons

We discussed Texas' policy on voting rights for felons in class. Many states prevent people convicted of felonies to ever regain the right to vote. Virginia was one. Not any more. The decision has a political dimension to it since it is likely to benefit Democrats.

- Click here for the article.

Gov. Terry McAuliffe of Virginia used his executive power on Friday to restore voting rights to more than 200,000 convicted felons, circumventing the Republican-run legislature. The action effectively overturns a Civil War-era provision in the state’s Constitution aimed, he said, at disenfranchising African-Americans.

The sweeping order, in a swing state that could play a role in deciding the November presidential election, will enable all felons who have served their prison time and finished parole or probation to register to vote. Most are African-Americans, a core constituency of Democrats, Mr. McAuliffe’s political party.

Amid intensifying national attention over harsh sentencing policies that have disproportionately affected African-Americans, governors and legislatures around the nation have been debating — and often fighting over — moves to restore voting rights for convicted felons. Virginia imposes especially harsh restrictions, barring felons from voting for life.

In Kentucky, Gov. Matt Bevin, a newly elected Republican, recently overturned an order enacted by his Democratic predecessor that was similar to the one Mr. McAuliffe signed Friday. In Maryland, Gov. Larry Hogan, a Republican, vetoed a measure to restore voting rights to convicted felons, but Democrats in the state legislature overrode him in February and an estimated 44,000 former prisoners who are on probation can now register to vote.

“There’s no question that we’ve had a horrible history in voting rights as relates to African-Americans — we should remedy it,” Mr. McAuliffe said in an interview Thursday, previewing the announcement he made on the steps of Virginia’s Capitol, just yards from where President Abraham Lincoln once addressed freed slaves. “We should do it as soon as we possibly can.”

Republicans in the Virginia Legislature have resisted measures to expand voting rights for convicted felons, and Mr. McAuliffe’s action, which he said was justified under an expansive legal interpretation of his executive clemency authority, provoked an immediate backlash. Virginia Republicans issued a statement Friday accusing the governor of “political opportunism” and “a transparent effort to win votes.”

“Those who have paid their debts to society should be allowed full participation in society,” said the statement from the party chairman, John Whitbeck. “But there are limits.” He said Mr. McAuliffe was wrong to issue a blanket restoration of rights, even to those who “committed heinous acts of violence.”

The order includes those convicted of violent crimes, including murder and rape. There is no way to know how many of the newly eligible voters in Virginia will register. “My message is going to be that I have now done my part,” Mr. McAuliffe said.
Nationally, an estimated 5.85 million Americans are denied the right to vote because of felony convictions, according to The Sentencing Project, a Washington research organizations, which says one in five African-Americans in Virginia cannot vote.
Only two states, Maine and Vermont, have no voting restrictions on felons; Virginia is among four – the others are Kentucky, Florida and Iowa – that have the harshest restrictions.

From Ballotpedia: Laws governing direct democracy in Texas

Texas does not allow the general population many opportunities to directly impact legislation. Here's a look at what is allowed.

- Click here for it.

Texas citizens have statewide access to just one of the six common forms of direct democracy--they can ratify or reject constitutional amendments to the Texas Constitution placed on the ballot by the Texas State Legislature.

Here is the full list:

- the legislatively referred constitutional amendment,
- the legislatively referred state statute,
- the initiated state statute (direct or indirect),
- the initiated constitutional amendment,
- the veto referendum (sometimes called the citizen referendum or the statute referendum),
- the statute affirmation (available only in Nevada), and
- the statewide recall.

From NPR: Automatic Registration Is The Latest Chapter In Fight Over Voting Rights

For our look at elections.

- Click here for it.

President Obama backed a bill in Illinois last week that would automatically register people to vote when they apply for a driver's license or state ID.

"That will protect the fundamental right of everybody," he said. "Democrats, Republicans, independents, seniors, folks with disabilities, the men and women of our military — it would make sure that it was easier for them to vote and have their vote counted."

But so far, support for automatic voter registration — now being considered in about two dozen states — has pretty much broken down along party lines. Democrats, including Hillary Clinton, generally think it's a great way to expand the electorate, as does Bernie Sanders. But Republicans are far more wary. Some say they're worried it could expose voter rolls to mistakes and fraud.

And there's a philosophical divide, too. Alabama Secretary of State John Merrill, a Republican, says it's important that citizens take the initiative when it comes to registering.

"If they just get it, because they're turning a certain age, it kind of takes away from the value that should be associated with the ability to participate," he said. "Because it's a privilege to participate in the electoral process in our state and in our nation, and people need to recognize that."

Unspoken, is the concern over which, if any, group might benefit from the change. Will more Democrats or Republicans be signed up if it's done automatically at the DMV?

For more on state election law . . .

We spend more time with these later in the semester, but they are applicable today for two reasons. First, the presidential campaign begins today since the Iowa Caucus will be held later. Iowa runs the thing however it chooses to - this is true for all states ad their methods for presidential selection. Second, in both 2305 and 2306 we are reviewing the U.S. Constitution. In each we'll look at the role states are given in running elections.

- TSHA: Election Laws.
- Texas Election Code.
- NCSL: Election Laws and Procedures Overview.

For local stuff - since we will hit this soon:

- Alvin Code of Ordinances: Elections.
- Houston Municipal Code: Elections.

Odds and ends for today's 2306

- Tim Cole Commission begins work, optimistic for recommendations.

Richard Miles was just 19 years old when his nightmare began. In 1994, Miles was accused of murder and attempted murder and, though he steadfastly proclaimed his innocence, he was later convicted and spent 15 years in a Dallas jail — until a court determined he was a victim of prosecutorial misconduct because his Dallas County prosecutor withheld evidence that would have cleared him.

Now 40, Miles recently told the story of his wrongful conviction to the 11 members of the newly created Timothy Cole Exoneration Review Commission, a panel named after the late Texas Tech student who, in 1986, was convicted of a rape he did not commit. Although Cole died in prison of an asthma attack in 1999 — without being able to prove his innocence — a few years later DNA evidence from the crime posthumously exonerated him.

- Group seeks to repeal ordinances regulating where registered sex offenders can live.

Forty-six small cities across Texas are facing a new legal challenge to their ordinances regulating where registered sex offenders can live, the latest development in a national trend to relax residency limitations that opponents say create more problems with ex-convicts than they solve. On Monday, Texas Voices for Reason and Justice, a statewide criminal justice advocacy group, announced that it has “initiated action to compel, through litigation if necessary,” the repeal of the ordinances in so-called “general law” cities, those with populations of 5,000 or less.

Two Bexar County cities — Balcones Heights and Hollywood Park — are among the 46 whose ordinances are being challenged. Similar ordinances exist in hundreds of larger “home rule” Texas cities, which officials say have the legal authority to enforce them. Nonetheless, several larger cities already face litigation on the issue on the grounds that residency restrictions violate the U.S. Constitution.

- Democratic Group Called iVote Pushes Automatic Voter Registration.

As Republicans across the country mount an aggressive effort to tighten voting laws, a group of former aides to President Obama and President Bill Clinton is pledging to counter by spending up to $10 million on a push to make voter registration automatic whenever someone gets a driver’s license.

The change would supercharge the 1993 National Voter Registration Act, known as the “motor voter” law, which requires states to offer people the option of registering to vote when they apply for driver’s licenses or other identification cards. The new laws would make registration automatic during those transactions unless a driver objected.

- Straus Forms Select Committee on Mental Health.

Texas House Speaker Joe Straus announced Monday he's formed a select committee on mental health to take an all-encompassing look at the state's behavioral health system. 

The committee will review and make recommendations on issues including substance abuse, care for veterans, identifying illnesses early and improving delivery of mental health care, the speaker said in a news release.

“We have taken some major steps to address the state’s mental health needs,” said Straus, R-San Antonio. “It’s important not to look at these issues in isolation, but rather to take a comprehensive view of how to improve the system. Many legislators asked that we take a closer look at various issues related to mental health, and it became clear that one committee should look at all of those issues together.”

- Lopsided election puts political target on property taxes.

When property tax relief was approved by 86 percent of voters in last week’s election, you can bet Texas politicians noticed.

Calling the lopsided result a mandate for additional action, Lt. Gov. Dan Patrick vowed to make property tax reform a priority when the Legislature convenes in 14 months. Any reasonable idea will be on the table, Patrick said, although his initial concepts focus on reining in budget increases for local governments, particularly cities and counties.

“I have the opportunity to put my shoulder behind those issues and push, and I don’t intend to sit on the sidelines,” said Patrick, a Houston Republican. One important idea, Patrick said, is to require a rollback election if city or county property tax revenue grows by more than 4 to 6 percent, though the final trigger number will need to be refined. Currently, tax-rollback elections are possible with 8 percent increases, and only if 7 or 10 percent of registered voters sign a petition, depending on the size of the budget.

Speaking of ballot language

A ballot measure legalizing marijuana was defeated, but the language on the ballot may have contributed to its defeat.

- Voters confused by wording of Ohio Marijuana Issues.

Two issues on Ohio’s November ballot could have voters dazed and confused. Carrie Lowe, a first-time voter, says she supports the legalization of marijuana. “I’m considering voting this time. Because of how big this is and how big a lot of other issues are.”

There are two issues on the ballot: legalization of pot, and for monopolies to be allowed by the state’s constitution. We’re asking voters if they’re prepared for the upcoming election. “When you say monopolies, I would probably say yes to both. I’m not sure I understand it exactly.”

Her vote of “Yes” on Issues 2 and 3, actually means marijuana would not be legal. A “Yes” vote on Issue 2 would keep monopolies the way they are now — non-existent. A no vote would allow monopolies to be written into the state’s constitution. Queisha Johnson says she supports medicinal marijuana, but believes the Ohio Board of Elections. “I don’t even know what they’re asking. It’s very confusing!”

From Governing: Why Democratic Governors and Republican Mayors Have Become Rare

Voters seem to prefer different parties for different things.

- Click here for the story.

Historically, gubernatorial elections have tended to be up for grabs between the parties. Statewide electorates are sufficiently eclectic to encourage candidates in both parties to run toward the center, expanding their bases. But the pattern of results is changing, and for an unexpected reason.

For obscure reasons, 36 states hold their gubernatorial contests during midterm cycles. This hasn’t seemed to matter much in the past. But in recent elections, the types of voters who cast ballots in midterm elections has diverged significantly from those that do in presidential cycles. Midterm electorates tend to be smaller, whiter, older and more Republican; presidential electorates tend to be larger, more demographically diverse, and more Democratic.

This pattern helped Republican gubernatorial candidates in 2010.

. . . the GOP is having an increasingly difficult time winning mayoral races in big cities. Of the nation’s most populous cities, only a few have Republican mayors. They include three city-county hybrids where suburban voters can play an outsized role (Indianapolis, Jacksonville, Fla.; and Miami), and a few Sun Belt cities (Albuquerque, N.M.; Fort Worth, Texas; Oklahoma City and San Diego). Gone, apparently, are the days when a Republican like Rudy Giuliani could be the mayor of New York or Richard Riordan could be the mayor of Los Angeles.

Here, as with the U.S. House, geography is destiny. Cities have been magnets for younger, more diverse populations that tend to be socially liberal. This makes the Republican Party, with its national image of social conservatism, a tough sell. Indeed, such mayors as Bill DeBlasio of New York, Ed Murray of Seattle and Bill Peduto of Pittsburgh have been pursuing agendas that are unapologetically progressive.

For a comparison of state turnout rates in 2014 ....

... click here.

Surprisingly, Texas is only second to last according to this ranking. Figures do tend to vary - which makes comparisons problematic, but they tend to tell a consistent story about which states have consistently high turnout and which do not.

State by State Voter Turnout for Election 2014

From Al Jazeera:

Here are the national numbers.



They report that that percentage of eligible voters in Texas that actually voted was 27%. Turnout decreased from 2010 in all but 10 states. Turnout decreased in all states that passed strict voter ID laws since 2010

Click here for a data sheet with the numbers from 1980 - 2014.

From the Washington Post: Report: Election administration improving, in most states

The Pew Research Organization studies and ranks the states on how easy they make it to vote in 2008 and 2012.

North Dakota did best in both measures Mississippi worst.

Texas slid considerably - #39.

- Click here for the story.

The average voter who cast a ballot on Election Day in 2012 had to wait in line for three minutes less than he or she would have in 2008, while fewer people with disabilities or illnesses had problems voting, according to a new report measuring election administration procedures across the country.

The report, published Tuesday by the Pew Charitable Trust’s State and Consumer Initiatives program, found a sharp increase in the number of states that offered online voter registration, the number of states conducting post-election audits and the number of states that offer a transparent look at the data they collect.

Overall, the Pew researchers found, states that improved the most year over year embraced technological reforms that made the process function more smoothly, from evaluating absentee and provisional ballots to hurrying people through lines and judging their own effectiveness in order to spotlight areas for improvement.

“This is a bipartisan mix of states. This is not something that only Republicans or Democrats have license to,” said David Becker, Pew’s director of Election Initiatives. “It’s really a technological reform-based mindset.”