MADISON, Wis. -- A Supreme Court decision expected this spring will likely impact the way every state draws its political boundaries.
The case, Gill v. Whitford, is concerned with the way Wisconsin Republicans drew the state's political map in 2011. The process of drawing the maps, done by outside consultants and lawyers, was done in complete secrecy, and resulted in an overwhelming Republican advantage at the polls.
A panel of three federal judges ruled 2-1 that the Republicans were unfair, and the case wound up in the Supreme Court. Jay Heck is executive director of Common Cause in Wisconsin. He said the result of the gerrymandering is the opposite of what should be happening.
"Elected representatives at the state and federal level should be selected by the voters,” Heck said; “not the way we have it now where the elected representatives select their voters through the process of drawing the district lines."
Justice Sonia Sotomayor said the Wisconsin mapmakers "drew and rejected maps until they came up with one that maximized Republican chances, and then it succeeded beyond their expectations."
A few months ago, the Supreme Court added a Maryland gerrymandering case to the Wisconsin case.
"The Wisconsin case was a Republican gerrymander, one of the most partisan gerrymanders in the country in the last 50 years," Heck said. "And the U.S. Supreme Court just decided to add the state of Maryland, which was a Democratic gerrymander of a Congressional district there.”
Heck said he believes the Maryland case was added to the Wisconsin case for a specific reason.
"Because they want their decision, when they make one - hopefully in March or April of this year, of 2018 - would be so that it doesn't appear that they're favoring Republicans or Democrats, but they're going after both,” he explained.
If the Supreme Court rules the political maps unconstitutional, it will affect nearly every other state, and will force Wisconsin to redraw its political boundaries in a more fair manner.
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Legal groups are weighing an appeal after a court ruling this week that left voters in several states, including North Dakota, at a disadvantage in making use of the Voting Rights Act.
At issue is their ability to sue based on racial discrimination. A three-judge panel with the 8th Circuit Court of Appeals struck down a pathway under Section Two of the landmark law for voters to bring lawsuits if they feel local and state election policies have violated their civil rights. The decision stems from a recent redistricting victory for a pair of Native American Tribes in North Dakota.
Mark Gaber, senior director of redistricting for the Campaign Legal Center, said he was shocked by the latest outcome.
"The Eighth Circuit Court of Appeals has done what no court in the country has ever done, and there's been 400-plus Voting Rights Act cases filed for decades," Gaber pointed out.
The decision affirmed a ruling from the full 8th Circuit, which said language in this section of the law does not specifically mention private individuals. One judge filed a dissenting opinion. The 8th Circuit covers seven states, and civil rights groups said if the outcome stands, voters in those states would have to lobby the Justice Department to bring a case forward.
Gaber noted the problem with asking the Justice Department is, the agency is not equipped to move quickly on such requests.
"They simply don't have the resources," Gaber pointed out. "The individual voters who are familiar with what is happening in their localities and on the ground are frankly, in many cases, better suited to bring these cases."
The Justice Department is also part of budget-cutting moves by the Trump administration. Meanwhile, the Native American Rights Fund said this week's ruling sets a dangerous precedent for minority voters who do not want to be silenced.
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Montana Gov. Greg Gianforte has seen the last few bills of the 2025 legislative session cross his desk and as the ink dries, policy experts reminded Montanans some bills will face the courts before they take effect.
Gianforte signed Senate Bill 490, which changes the Election Day cutoff for same-day voter registration from 8 p.m. to noon. It also eliminates early registration the Monday before Election Day, shifting the deadline to 5 p.m. on Saturday.
Zuri Moreno, state legislative director for the advocacy group Forward Montana, said the change especially affects Montanans who drive long distances to vote.
"We've already heard from the courts that you're not supposed to mess around with same-day voter registration," Moreno pointed out. "It just takes away that opportunity for working folks and young folks and rural people across the state."
Montana's Supreme Court ruled last year banning same-day voter registration is unconstitutional. In January, the U.S. Supreme Court declined to hear a challenge to the decision.
Laws passed this session may still be challenged in court, including those centered on the LGBTQ+ community, which was targeted by at least 23 bills. Moreno noted the "community really showed up this session."
"We saw so many folks sharing personal stories and public testimony, so many folks showing up for lobby days and rallies," Moreno recounted. "Thousands of people engaged in the legislative process, which is essential."
In a win for renters, Gianforte also signed House Bill 311 , which requires rental application fees to be returned to people who do not end up signing a lease.
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During every big election, tens of thousands of California voters make a mistake on their mail-in ballot and often get differing advice on how to fix it, depending on who they ask. A new bill aims to standardize the response.
Assembly Bill 1072 would require the Secretary of State and county elections officials to come up with clear answers, applicable statewide.
Kim Alexander, founder and president of the California Voter Foundation, said the problem causes widespread delays in counting.
"In Orange County in the last election, officials had to duplicate over 40,000 ballots," Alexander pointed out. "There are other reasons why ballots have to be duplicated, but the primary one is that the voter made a mistake filling out their ballot, indicated a different choice, and it has to be remade."
Common mistakes include accidentally filling in the wrong bubble, signing the witness signature box or signing their spouses' envelope. If there is time, the county will often send a new ballot.
Alexander noted a common set of instructions should be posted on the website of the Secretary of State and every county registrar.
"They are instructed, typically, to cross out the choice and fill out the choice that they preferred and draw an arrow to it or circle it to indicate that is their intent," Alexander explained. "What they should not do is initial it, and sometimes voters think that's what they should do."
The outlook for the bill is good. It is currently on the consent calendar for the Assembly Appropriations Committee.
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