U.S. Government Says it Intends to Use Section 3 of Voting Rights Act to Require Texas to Continue to Seek Pre-Clearance for Voting Changes

On July 25, U.S. Attorney General Eric Holder said that he will seek to use Section 3 of the federal Voting Rights Act against Texas. Section 3 says that, notwithstanding the coverage formula for pre-clearance, any state that has recently showed a pattern of passing or enforcing discriminatory voting practices must obtain approval from the Voting Rights Section of the U.S. Justice Department before changing any election laws or practices. See this story. This action is a reminder that just because Section 4, the formula for determining which areas of the country are subject to pre-clearance, is no longer part of the law (because of last month’s U.S. Supreme Court opinion Shelby County, Alabama v Holder), the more obscure section 3 is still in the law. Thanks to Rick Hasen for the link.

UPDATE: also on July 25, the Department of Justice, which is intervening in one of the Texas redistricting cases (Perez v State of Texas, western district of Texas, 5:11cv-360), asked that Court to apply section 3. See this brief filed by the Justice Department.

Arizona Supreme Court Won’t Hear Challenge to New Higher Contribution Limits for State Office

On July 24, the Arizona Supreme Court refused to hear Arizona Citizens Clean Elections Commission v Bennett, cv13-0233. This is the case in which supporters of public funding challenged new, higher campaign contribution limits for candidates who don’t participate in the public funding program. The State Supreme Court’s refusal to hear the case doesn’t mean that the case is dead. It just means that the plaintiffs must start all over again in the trial court. See this story. Thanks to Rick Hasen for the link.

New Arizona Registration Data

Every three months, the Arizona Secretary of State issues a new voter registration tally. Here is the July 1, 2013 tally. Compared to the April 1 tally, all three of the state’s minor parties, and the independent voters, have increased; the two major parties have decreased. The Libertarian Party now has more than 25,000 registered voters for the first time in its history.

The percentages for July 1, 2013 are: Republican 35.29%, independent 33.62%, Democratic 30.13%, Libertarian .78%, Green .162%, Americans Elect .009%.

The April 1, 2013 percentages were: Republican 35.40%, independent 33.34%, Democratic 30.36%, Libertarian .74%, Green .159%, Americans Elect .008%.