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April, 2007

Below are postings from April, 2007. (See Archives | Recent Headlines)

Court Holds That Injunctive Relief Properly Denied in AZ Voter ID Case

Apr. 23 - Finding that Appellants had failed to establish a likelihood of success on the merits, and had not proven that there would be undue hardship caused by the voter ID requirement, the 9th Circuit Court of Appeals ruled Friday that the District Court did not err in refusing to enjoin the implementation of Arizona's voter ID regulations. In the Opinion issued Friday, the Court stated that Appellants had not presented sufficient evidence to establish that the ID requirements, requiring Arizona voters to provide proof of citizenship, constituted a poll tax or placed a disproportionate burden on naturalized citizens. For more, read here.

New Report Analyzes Cuyahoga's November Election

Apr. 19 - A committee created by the Cuyahoga County Board of Elections yesterday released a paper evaluating the quality of the November, 2006, election. Among other problems, the paper details problems with printed “Long Reports” that are used to audit voting machines after the election. The paper finds 8-13% of precincts could not be audited because of problems with the reports. The Ohio Secretary of State’s office is reviewing the paper as part of its effort to help improve the county’s troubled election system.

PA Court Issues Ruling in Voting Machine Case

Apr. 13 - In an Opinion issued yesterday by the Commonwealth Court of Pennsylvania, it was held that voters in the state have a right to reliable and secure voting systems. Finding that there was improper examination criteria applied in certifying the voting machines, the Court held that the suit challenging the certification of these electronic voting machines may continue.

Bennett Resigns from Board of Elections

Apr. 12 - Yesterday, Ohio Republican Chairman Bob Bennett and Ohio Secretary of State Jennifer Brunner reached an agreement in which Bennett will resign from the Cuyahoga County Board of Elections and Brunner will dismiss the administrative complaint she had brought against Bennett. According to the Cleveland Plain Dealer, the resignation will take effect May 1, 2007. For more, read here.

Cuyahoga County Removal Hearings to Proceed

Apr. 5 - Yesterday, Judge John A. Connor of the Franklin County Court of Common Pleas denied Robert Bennett's Motion to halt proceedings to remove Bennett from the Cuyahoga County Board of Elections. According to the Columbus Dispatch, Judge Connor did not agree with Bennett that the removal proceedings were beyond the authority of the Secretary of State and unconstitutional. For more, read here.

Bennett Suspended from Cuyahoga County Board of Elections

Apr. 4 - It is being reported that Secretary of State Jennifer Brunner has suspended Bob Bennett from the Cuyahoga County Board of Elections. Other board members had previously resigned due to allegations of improper election administration in the county, leaving Bennett as the only remaining member of the board of elections. For more, read here.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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