CHARLESTON, W.Va. – Clean election watchdogs are defending West Virginia's strong campaign disclosure law against the state attorney general's opinion that could allow a flood of secret political spending.
Attorney General Patrick Morrisey has written that a state law all but prohibiting anonymous political ads is unconstitutional.
Now the Brennan Center for Justice at the New York University School of Law is defending the law.
Daniel Weiner, a senior counsel with the Brennan Center, says Morrisey's opinion could end the requirement that candidates and groups say who they are and take responsibility for their ads.
He says voters need to know who's behind ads on, for example, energy issues.
"Don't West Virginia voters want to know if those ads are paid for by a Silicon Valley billionaire who is opposed to the coal industry versus a local chamber of commerce?" he poses.
Morrisey has argued that the rule could limit free speech by individuals about political issues.
But Weiner warns the rule is needed to protect state races from being overrun by shadowy, anonymous attack ads, which he calls a national problem.
The Brennan Center attorneys shared their views in a letter to the West Virginia Secretary of State.
After coal CEO Don Blankenship tried to swamp legislative races, buying ads in 2006 through his group called And for the Sake of the Kids, state lawmakers passed some of the toughest election disclosure rules in the country.
Weiner says the U.S. Supreme Court has clearly ruled disclosure requirements are constitutional, although the court did away with many limits on political advertising in the 2010 Citizens United decision.
"But it resoundingly affirms the value of transparency – by an 8-to-1 vote,” Weiner stresses. “This law does not prohibit anyone from speaking. It just says they have to identify themselves."
Weiner adds Morrisey's opinion tracks a national effort to allow unlimited election spending by groups like those backed by oil billionaires Charles and David Koch.
He says at a time when people mistrust elections, a move toward anonymous political ads risks adding to the cynical public climate.
"The way out of that is to start to build a more accountable political system,” he states. “And laws like the one in West Virginia help us do that."
As of now, it is unclear whether the state disclosure law will continue to be enforced.
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New York groups are providing student protesters with resources to help sustain demonstrations safely and peacefully, as the war between Israel and Hamas wears on.
In the weeks since they began, student protesters have faced arrests, rubber bullets, and other crowd-breaking tactics by law enforcement. Students want universities and colleges to divest from Israel amid the country's ongoing war with Hamas. Others have shown support for Israel.
Kalaya'an Mendoza, director of mutual protection for the group Nonviolent Peaceforce, said there are many ways to remain safe when protesting.
"If you're going to any protest, action, or demonstration, always make sure you have a buddy and always make sure that someone else knows where you are at and when you plan to be home safe," Mendoza urged. "Number two, practice situational awareness. Situational awareness is essentially understanding what's happening around you."
Mendoza emphasized protesters should also pay attention to exit points, be aware of threats, be prepared with water, a snack and necessary meds, and carry a mask in case of tear gas. For bystanders and others, he pointed out basic situational awareness can help them navigate protests and encampments.
Students aren't the only ones causing the ruckus. The New York City Police Department reported more than half of the 170 people arrested at a City College protest were not students, and 29% of the 112 arrested at Columbia were not either.
Mendoza stressed administrators should do the opposite of what they have been doing.
"School administrators should be meeting with students and should not escalate to this point," Mendoza argued. "These students are unarmed, they are engaged in practicing peaceful non-violent protest, which is a fundamental human right."
He asserted the primary source of violence has been police escalation at encampments. A report from the nonprofit Armed Conflict Location and Event Data Project showed a majority of student protests occurring since last October when the war in Gaza began have been peaceful. New York has seen the most pro-Israel and pro-Palestine demonstrations with California running a close second.
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South Dakota's June 4 primary will be the first national election here since ballot dropboxes were banned in 2023.
It is one of 12 states to ban using dropboxes to cast votes, although no state election offices using the boxes in 2020 found a connection to voter fraud or stolen ballots, according to an Associated Press survey. The change is more likely to impact rural and tribal voters, who already face barriers to voting.
Sen. Shawn Bordeaux, D-Mission, a member of the Rosebud Sioux Tribe, said although Native voter turnout for tribal elections is good, turnout for statewide elections is lower. He said dropboxes helped.
"It was something that a lot of people utilized on our reservation communities, where you might have to travel 70 miles to go vote," Bordeaux explained.
A 2022 federal report on Native American voting rights encourages local officials to provide sites for voter registration, polling and mail ballot collection in places convenient for Native voters.
Early voting is still possible with a mail-in absentee ballot. But Bordeaux pointed out it can be complicated on reservations, where most homes do not have street addresses. The state's voter registration form allows applicants to describe or draw a map of where they live, but they cannot use post office box numbers.
"I can't get UPS or the typical person to find my house on a map," Bordeaux noted. "It makes it even more difficult for me to figure out how to get our tribal membership so that they can vote, you know, without the P.O. box number."
Plus, South Dakota does not accept tribal ID cards for voter registration. Bordeaux sponsored a bill to change the rule in the last legislative session, but he said it was pulled from the House floor by a different sponsor who predicted it wouldn't pass. The deadline for voter registration is May 20.
Support for this reporting was provided by The Carnegie Corporation of New York.
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Alabama has long been at the forefront of voting rights issues in the United States and despite some progress, advocates said residents continue to face barriers at the ballot box.
In a recent discussion held in Montgomery, the Center for American Progress brought together voting rights experts to shed light on the ongoing struggle against voter suppression in the state.
Kathy Jones, president of the League of Women Voters-Alabama, was on the panel and highlighted ongoing efforts hindering equitable access.
"Just this past year, we've had Wes Allen, and his office has eliminated the phone app for voter registration and being able to check your polling places," Jones pointed out. "Which is a real hardship for people who rely on their phones to be able to do the business that they need to do if they need to register to vote."
The latest way Jones noted ballot access is being blocked is the recent passage of a law criminalizing assistance with absentee ballot applications. Supporters said they believe the measure will prevent ballot harvesting.
She added other ways of restricting access to the ballot box include regulating early voting, voting by mail, voter registration and voter-list maintenance. Other laws bar thousands of persons who have served felony convictions from regaining the right to vote.
JaTaune Bosby Gilchrist, executive director of the ACLU of Alabama, said in response to the challenges, federal laws being proposed would bolster voting rights across the country. One of them is the John Lewis Voting Rights Advancement Act.
"The John Lewis Voting Rights Act would essentially allow us a level of equitability across the board from, as well as the Freedom to Vote Act, making voting a holiday, ensuring early voting," Bosby Gilchrist emphasized. "Alabama is one of three states without early voting, including Mississippi and New Hampshire."
The Freedom to Vote Act would help expand voter registration, limit removing voter from voter rolls and even outlines criteria to prevent gerrymandering. Advocates also see engaging young voters and increasing overall voter turnout as ways to combat measures hindering access.
Support for this reporting was provided by The Carnegie Corporation of New York.
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