DURHAM, N.C. – The U.S. Supreme Court's 2010 Citizens United decision opened the floodgates of political spending by allowing unlimited spending by outside political groups, or super PACS.

And today, experts are gathering in Durham to examine how money in politics is a civil rights issue.

Chris Kromm, executive director of the Institute for Southern Studies, says money from special interest groups is a serious threat to democracy because it drowns out the voice of ordinary voters.

"It helps influence which candidates have the most resources and are considered viable, what issues get talked about during campaigns, who lawmakers listen to once they're in office and all this fundamentally goes against the idea that all citizens should have an equal say in the democracy, you know – one person one vote," he points out.

Kromm adds that North Carolina is an increasingly diverse state, but he says research finds the majority of big political donors are white residents, which causes a large disconnect between voters and candidates.

Spending in North Carolina's U.S. Senate race last year was more than $100 million, making it the most expensive Congressional race in history.

A recent New York Times report found that just 158 families, or the corporations they represent, have accounted for about half of the money spent in the 2016 race so far, spending $250,000 each.

Kromm contends that kind of spending restricts who can run for office.

"That limits our choices to just those who can amass huge sums of money,” he stresses. “So the question is no longer whether or not you have a good platform, good ideas, can inspire voters, but it's more about the size of your wallet. "

Kromm says that North Carolina was once a leader in cleaner elections with a program implemented in 2004 that gave judicial candidates a public campaign grant for agreeing to strict spending and fundraising limits.

"It passed with bipartisan support,” he states. “Eighty percent of judges used it. And a lot of judges who ran said it was great because instead of dialing for dollars and trying to hustle up money during the campaign, they were talking to voters about what they cared about as judges. "

The program was nixed in 2013 as part of HB 589, a sweeping voting reform bill currently challenged in federal courts.




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Groups fighting for Palestinian rights are praising a new fact sheet on religious discrimination from the U.S. Department of Education's Office for Civil Rights, because of what it left out.

The document does not include a definition of antisemitism written by the International Holocaust Remembrance Alliance.

Former President Donald Trump issued an executive order in 2019 requiring federal agencies to consider the IHRA definition when investigating Title VI complaints of discrimination.

Lina Assi, advocacy manager for Palestine Legal, said the definition and the accompanying examples conflate criticism of the Israeli state with antisemitism.

"We mostly have seen it with shutting down events and punishing students and professors that speak about life as a Palestinian," Assi recounted. "And we believe that definition not only violates our constitutional right to free speech, but also perpetuates anti-Palestinian racism and discrimination."

In a statement, IHRA said the working definition is non-legally binding, and the organization does not track implementation of it at the state or local level. Last year, pro-Israel attorneys filed a federal discrimination complaint against University of California-Berkeley after student groups passed a bylaw pledging not to host Zionist speakers.

Assi noted last March, the student government at Arizona State University questioned an event with a pro-Palestinian poet and journalist before ultimately allowing him to speak.

"A student government committee first attempted to condition the approval of the event to say that the speaker needs to refrain from criticizing Israel," Assi pointed out. "Student government officials stated falsely that the university and the federal government had adopted IHRA and that they were required by law to adhere to the definition."

The pro-Israel Brandeis Center has called for the IHRA definition to be codified into a formal rule.

Meanwhile, 17 civil rights groups wrote to the federal government, asking for the IHRA definition to be excluded from the fact sheet.

Lawmakers in the Commonwealth are considering legislation to ensure police use of facial-recognition technology also protects people's privacy and civil rights.

Massachusetts was one of the first states to implement restrictions on the technology as part of a sweeping police reform law in 2020. A special legislative commission, which included police and civil liberties activists, then developed even greater restrictions on use of facial-recognition software.

Kade Crockford, Technology for Liberty program director for the American Civil Liberties Union of Massachusetts, called the latest bill a 'win,' both for police and the public.

"The police can use the technology to help them solve very serious crimes," Crockford pointed out. "And the public can benefit not only from that, but also from regulations that protect our basic privacy and civil rights at the same time."

The current bill would require police to obtain a warrant to perform a facial recognition search and ensure the results of the search alone cannot be used to arrest someone or obtain a search warrant.

Facial-recognition technology can be faulty and has resulted in the false arrests and incarceration of people across the country.

A federal study found the majority of algorithms are less accurate with Black, Asian and Native American faces, while other research finds some algorithms misidentify Black women nearly 35% of the time.

Crockford argued by passing the legislation, lawmakers can prevent those types of mistakes from happening here.

"Because if they do, it would make Massachusetts a leader, not only here in the United States, but really, worldwide," Crockford asserted.

The legislation passed the House last session, but failed to get a vote in the Senate. Crockford hopes former Attorney General, now Gov. Maura Healy's previous support of the bill will improve its chances this year.

By nearly every measure, voter fraud in U.S. elections is rare, but that isn't stopping the Texas Legislature from considering dozens of bills this session, some of which a voter rights group calls "extreme."

The Texas Republican Party has made election security one of its legislative priorities this year, with bills introduced to further restrict access to the ballot box. In contrast, Democrats are pushing legislation to expand voting access.

Texas ACLU senior attorney Matt Simpson said he believes some of the bills, including one to change the penalty for illegal voting from a misdemeanor to a felony, will create fear and intimidate people at the polls.

"If you take a step back, and you try to identify where the election fraud is that's being targeted - all of these proposals, more or less, amount to solutions in search of a problem," he said, "and Texas hasn't really had an election-fraud problem."

Following the defeat of Donald Trump by President Joe Biden in 2020, Texas' GOP-dominated Legislature approved multiple new voting restrictions including rules for voting by mail, a prohibition on drive-through and 24-hour voting, and a reduction in local initiatives meant to make it easier to vote.

One Republican proposal would create a new law-enforcement unit to prosecute election crimes, modeled after a law authorized by Florida's Republican governor. The Texas unit, to be led by state "election marshals," would prosecute election and voting crimes.

Simpson, who has monitored actions at the Capitol since 2009, isn't convinced it's needed.

"There's, like, a very small segment of Republican voters that that's a priority for," he said, "and yet we're seeing just this large number of proposals - a lot of conversation about it - and I just wonder where the mismatch is."

A 359-page audit of the 2020 election was released by the Texas secretary of state's office. It reviewed the two largest Democratic counties and two largest Republican ones and found some "irregularities," but concluded they were largely related to holding an election during a pandemic.