Democracy 2015: A Year in Review

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Democracy 2015: A Year in Review

By Lauren Harmon

December 21, 2015

This past year has seen democracy issues take center stage in the national debate.
From voter registration modernization to campaign finance reform to fair redistricting practices and more, state policymakers across the country have capitalized on this
momentum to enact policies that will improve and expand their states democracy and
democratic institutions. Unfortunately, however, some leaders continue to advance an
agenda that takes their state in the wrong direction.
This is the state of play for democracy in 2015. Five big ideas are shaping the political
landscape and providing opportunities for participation and representation. At the
same time, five states are bucking the trend by continuing to limit citizens access to a
healthy democracy.

5 big ideas shaping the landscape


From removing barriers to political participation through public campaign financing to
making voter registration more accessible and secure, these are 2015s five major, bipartisan themes for reform to ensure that everyone has the opportunity to engage with and
be fully represented by their elected officials and government institutions.

Creating momentum for automatic voter registration


A new automatic voter registration law, also known as the New Motor Voter Act, adds
anyone interacting with a states motor vehicle department to the voter rollsunless
they opt out. This represents a critical step forward in ensuring that registering to vote
is a secure, convenient process for would-be voters. Additionally, expanding automatic
registration could have an important effect on voter turnout: A May 2015 study by the
Center for Popular Democracy found that the nationwide adoption of automatic voter
registration would add as many as 55.8 million new voters to the rolls and could lead to
as many as 36 million more votes being cast in future elections.1

1 Center for American Progress Action Fund | Democracy 2015: A Year in Review

In March 2015, Oregon became the first state to adopt automatic voter registration.2
Since then, the idea has rapidly gained momentum in a diverse array of states. Just
months ago, Californiarecognizing that roughly 6.6 million eligible Californians were
not registered to vote3also adopted the measure, while additional legislation and ballot measures are on the move in states across the country.4
Unfortunately, this measure has not seen success everywhere. In November, New
Jersey Gov. Chris Christie (R) vetoed the Democracy Act, which included the adoption of automatic voter registration along with a package of reforms to modernize
registration.5 Currently, approximately 1.6 million eligible residents of New Jersey are
not registered to vote,6 and just 21 percenta historically low numberof registered
New Jersey voters went to the polls in the 2015 elections.7 Had Gov. Christie not taken
his veto pen to the bill, 16 percent of U.S. voters would now live in states that provide
access to automatic voter registration.8

Building bipartisan support for online voter registration


Online voter registration is a critical voter registration modernization reform. It ensures
that registration is accessible and convenient for a large swath of voters, particularly
military and other overseas voters,9 and can increase voter turnout, particularly among
youth voters.10 Registering to vote online reduces errors in the voting rolls, resulting
in up to five times fewer errors,11 and can be a significant cost-savings opportunity for
cash-strapped states. In Arizona, for example, each online registration saved $0.80 over
traditional paper registrations.12
That is why, across the country, 2015 has seen a surge in states fully embracing online
voter registration, often with bipartisan support. Florida,13 Iowa,14 New Mexico,15
Oklahoma,16 and Pennsylvania17 adopted new online voter registration procedures,
while Nebraska18 and Vermont19 implemented previously passed legislation.

Blocking gerrymandering in the courtsby any means necessary


Gerrymandering, or the process of manipulating district lines to favor a particular political outcome, undermines a healthy democracy. Such lopsided districts can not only
determine electoral results but also create an echo chamber in which candidates and
elected officials may feel responsible only to people of similar demography and ideology
rather than to a broad base of voters. In 2015, both state and federal courts have played
a major role in striking down flawed maps. Alabama,20 Florida,21 and Virginia22 all saw
victories for anti-gerrymandering suits. Moreover, in Arizona State Legislature v. Arizona
Independent Redistricting Commission, the U.S. Supreme Court ruled in favor of Arizonas

2 Center for American Progress Action Fund | Democracy 2015: A Year in Review

independent redistricting commissions citizen-granted right to draw district maps23a


decision which, had it struck down such independent commissions, could have affected
as many as one-third of all congressional districts across the country.24
While not every court battle has been successfula challenge to several state House and
Senate districts in Virginia was denied in October25the courts have served as a critical backstop against many blatant attempts at gerrymandering. Yet as the U.S. Supreme
Court takes up two critical redistricting cases in its current term, Shapiro v. McManus26
and Evenwel v. Abbott,27 several states are taking their own proactive approaches to creating better maps. For example, in Oregon, a law was passed and signed requiring a series
of public hearings on legislative and congressional maps.28 In Pennsylvania, a bipartisan
working group of legislators has come together to tackle redistricting reform.29 In
Maryland, Gov. Larry Hogans (R) Redistricting Reform Commission has recommended
an independent panel be tasked with drawing maps, and it is now up to the legislature
to act.30 And in Ohio, voters in the 2015 election resoundingly passed Issue 1, creating a
bipartisan redistricting commission and an explicit ban on partisan gerrymandering.31

Strengthening campaign coordination laws


So-called independent expenditure organizationsfor example, Right to Rise USA, the
super PAC dedicated to electing former Florida Gov. Jeb Bush (R) as president are
often not subject to the same contribution, expenditure, and reporting requirements
as candidates, campaigns, and affiliatedor coordinatedgroups. Yet from mutual
mailboxes32 to creatively named committees,33 this election cycle has seen the rise of
allegedly independent activity that tests the legal limits.
While the Federal Election Commissions rules on coordination remain pretty toothless,34 according to the Brennan Center for Justices Ian Vandewalker, several states have
taken matters into their own hands in 2015, clarifying and strengthening state campaign
coordination laws. In October, Californias Fair Political Practices Commission announced
new coordination rules in which the burden of proof in coordination cases is moved to
campaigns and independent organizations, which must now demonstrate that they are not
illegally coordinating.35 In Montana, similar changes to strengthen campaign coordination rules went into effect in November as a component of rulemaking around the states
Disclose Act passed earlier in 2015.36 As the coordination crisis continues to intensify,
these moves stake out important ground on disclosure and transparency.

Empowering small donors and fighting back against big money


Removing barriers to political participation for women, people of color, and young people
is a critical measure of the health of a states democracy.37 For too long, the donor class has
controlled politicaland, therefore, policyoutcomes.38 Providing options for candi-

3 Center for American Progress Action Fund | Democracy 2015: A Year in Review

dates who lack access to the networks of donors necessary to run and win a traditionally
funded campaign is critical toward removing these barriers. In 2015, however, ballot measure victories on opposite coasts represent the triumph of democracy over big money.
In Maine, voters passed an initiative to expand and modernize the states current public campaign financing system while reducing the impact of outside spenders through
increased political disclosure requirements and tougher penalties for breaking the law.39
In Seattle, voters approved a system of campaign contribution vouchers, giving every
voter four $25 vouchers that they can donate to any participating candidate, effectively
turning every single voter in the city into a donor.40 In turn, participating candidates
are required to meet strict contribution and spending limits. These two ballot measure
victories represent the best of state democracies: functioning as a laboratory for solutions
to the crisis of big money in politics and creating opportunities for a road map for states
interested in advancing solutions to the outsized role of money in the political system.

5 states bucking the reform-focused trend


Despite promising developments across the country, not every state is moving in the right
direction to create a healthy state democracy. From vetoing the restoration of ex-offender
voting rights to opposing government accountability, the five states belowMaryland,
Kansas, Pennsylvania, Alabama, and Wisconsinrepresent the most blatant abuses of
democracy in 2015. Rather than continuing down this path, these states should look
to the examples above for bipartisan opportunities to support and expand policies that
make government work for everyone, not just the wealthy and well-connected.

Maryland: Blocking voting rights restoration for ex-offenders


Laws barring ex-offenders from voting can significantly disadvantage communities of
color and have the potential to skew electoral outcomes. Due to felony disenfranchisement
laws, more than 4 million Americans who have already served their sentence are currently
denied the ability to exercise their fundamental right to vote.41 This is not only a civil rights
issue but also an issue of electoral integrity: With fully 1 out of 13 African Americans
currently unable to vote,42 felony disenfranchisement has the potential to affect electoral
results because voices from communities of color are disproportionately silenced.43
Recognizing this, many state leaders are working to re-enfranchise ex-offenders.
In 2015 alone, gains have been made in Wyoming,44 California,45 Kentucky,46 and
Virginia.47 Under Gov. Hogan, however, Maryland has gone in the opposite direction.
When a bill to restore the voting rights of 40,000 ex-offenders landed on his desk after
being passed with bipartisan support,48 Gov. Hogan vetoed the bill, claiming that the

4 Center for American Progress Action Fund | Democracy 2015: A Year in Review

current law achieves the proper balance.49 As state leaders engage in bipartisan work
to reform the justice system, Gov. Hogan is siding with opponents of reform such as
Maryland Delegate Neil Parrott (R), who has said that ex-offenders havent earned
back the right to vote yet.50

Kansas: Purging voters from the rolls


Individuals and organizations that work to disenfranchise voters often do so in the name
of preventing voter fraud. What they fail to admit, however, is that voter fraud is exceedingly rare. In fact, one investigation found just 31 credible cases of potential voter impersonation out of more than 1 billion ballots cast between 2000 and 2014.51 Nevertheless,
what is essentially a voter fraud witch hunt by Kansas Secretary of State Kris Kobach has
resulted in thousands of voters being prohibited from casting a ballot.
Secretary Kobach gained national notoriety in 2013 for enacting a two-tiered voting
system: one system for voters with the documents to prove U.S. citizenship and one for
those without such documents.52 Unfortunately, many voters lack access to the birth
certificate or passport needed to prove their citizenship. In 2013 alone, 17,000 otherwise eligible Kansans were blocked from registering to vote thanks to the new rules.53
This year, Kobach suspended more than 36,000 voter registrations for failing to provide
citizenship documents.54 While a judge has denied the secretary of states request to end
legal challenges to his two-tiered system,55 Kobachs attempts to keep eligible individuals from exercising their right to vote are far from over. This year, Kansas Gov. Sam
Brownback (R) made him the first and only secretary of state in the country with the
authority to prosecute alleged voter fraud,56 a clear indication that Kansas voters can still
not be sure that their vote will be cast and counted without Kobachs interference.

Pennsylvania: Flooding state Supreme Court races with record-breaking


campaign cash
The United States remains one of just a few countries where judges are elected,57 and the
amount of money needed to win judicial elections has increased sharply over the past
few decades.58 This flood of money is anathema to a fair and impartial court system. In
fact, a 2013 report from three fair-courts organizations notes that as the cost of judicial
campaigns has soared, the boundaries that keep money and political pressure from interfering with the rule of law have become increasingly blurred.59
In 2015, however, the Pennsylvania Supreme Court races set a record: At least $15.8
million was spent in these races, much of it on negative television ads,60 making this the
most expensive state judicial election in U.S. history.61 This extreme increase in the role
of money in judicial elections may in part explain why not one of the seven candidates on
the ballot in these Pennsylvania Supreme Court races was a person of color.62 An October

5 Center for American Progress Action Fund | Democracy 2015: A Year in Review

report from the Center for American Progress found that increasing amounts of money
in judicial electionsparticularly partisan judicial elections, as in Pennsylvaniaserve
as a significant barrier to access for judges of color.63 Thus, this record-breaking campaign
cash in the Pennsylvania Supreme Court elections has troubling implications for both the
integrity of its courts and the overall health of the states democracy.

Alabama: Putting the voter suppression playbook into action


Prior to the 2013 U.S. Supreme Court ruling in Shelby County v. Holder, which overturned Section 5 of the Voting Rights Act, states and localities with a track record
of voter discrimination were required to receive preapproval from the U.S. Justice
Department for all voting and election law changes.64 In the wake of Shelby, however,
many previously covered states have rushed to disenfranchise voters, particularly voters
already fighting for inclusion in other ways, such as young people, working families, and
people of color.65 Alabama is no exception. In the Center for American Progress Action
Funds 2015 report examining the health of state democracies, Alabama ranked last51
out of 51in the nation when including the District of Columbia.66 Rather than spurring an effort to strengthen and restore the states democracy, however, Alabama has
continued to serve as a national model of what not to do.
In October, the state announced that it would close 31 drivers license agencies throughout the state, meaning that 28 counties would lack a place where citizens can obtain a
drivers license.67 Since government-issued photo IDs are required to vote in Alabama,
this decision limited Alabamans access to the polls. Shockingly, 8 out of the 10 Alabama
counties with the highest percentage of nonwhite registered voters were slated to lose
their main method of receiving a voter ID,68 despite the fact that voter ID laws already
disproportionately affect voters of color.69 Sadly, it seems that litigation or the threat
thereof is required for Alabama to make a move in the right direction. After Rep. Terri
Sewell (D-AL) called for a Department of Justice investigation,70 the state announced
that drivers license examiners would spend at least one day each month issuing
licenses in the counties slated for closure,71 which while better than complete inaction, is
far from solving the problem. This move is an affront to democracy in a state that already
has a terrible record on voting rights issues, as Alabama continues to represent the least
healthy state democracy in the nation.

Wisconsin: Creating electoral and campaign finance chaos


Wisconsin was once considered a model of progressivism. Not only did the states
progressive movement give rise to policies such as workers compensation laws, limited
hours for workers, and conservation requirements,72 but it also gave the country leaders such as Edwin Witte, author of the 1935 Social Security Act.73 Recent attacks on
Wisconsins democratic institutions read like a conservative wish list.

6 Center for American Progress Action Fund | Democracy 2015: A Year in Review

In October, Wisconsin Gov. Scott Walker (R) signed a bill limiting the use of so-called
John Doe investigationssecret investigations in which a judge decides if misconduct has
occurred and witnesses are prevented from discussing ongoing proceedings,74 as an important tool in uncovering political corruption. This was perhaps unsurprising given that six
people affiliated with Gov. Walker, either as aides or supporters, were convicted following
a John Doe investigation.75 Thats not the only dangerous piece of legislation to emerge
from Wisconsin this yeartwo others do incredible damage to the states democratic
infrastructure and its safeguards against political corruption. The first guts Wisconsins
gold-standard Government Accountability Board,76 which is currently made up of nonpartisan judges and has been lauded by legal experts who note that no other state has a
chief election administration authority with the same degree of insulation from partisan
politics.77 Now, the board will be replaced with two separate bodies: one to run elections
and one to handle ethics issues, but both would be made up of political appointees rather
than nonpartisan judges.78 The second bill will double Wisconsins current campaign contribution limits while permitting coordination between candidate committees and outside
groups that are not required to disclose their donors.79 Gov. Walker quietly signed both of
these bills into law on December 16 in a private ceremony, which was only revealed later
via a tweet from the author of one of those bills.
To cap it all off, Wisconsin has also significantly limited the ability of voters to make
their voices heard in addressing these scandalous attacks on democracy. In October, a
judge denied the American Civil Liberties Unions request to expand the states strict
voter ID laws to include veterans identification, out-of-state licenses, and identification
from technical colleges.81 Overall, Wisconsin is in the midst of perhaps the nations most
precipitous descent into electoral, ethical, and campaign finance chaos.

Conclusion
With democracy issues continuing to play a major role in the national debate, states are
wise to take advantage of this moment to move forward with common-sense, bipartisan reforms to make voting more accessible, influence in politics more transparent and
accountable, and state government more representative of all citizens. While policymakers in Maryland, Kansas, Pennsylvania, Alabama, and Wisconsin have bucked this trend
of reform, voters and state advocates will continue to hold them accountable for doing
the work to build a healthier state democracy for all of their citizens.
Lauren Harmon is the Voting Campaign Manager at the Center for American Progress
Action Fund.

7 Center for American Progress Action Fund | Democracy 2015: A Year in Review

Endnotes
1 Connie Razza, BY THE PEOPLE: Promoting Democratic
Participation through Comprehensive Voter Registration
(Brooklyn, NY: Center for Popular Democracy, 2015), available at http://populardemocracy.org/sites/default/files/
Universal-Voter-Reg-Report-web.pdf.

18 Martha Stoddard, Want to register to vote online in Nebraska? Now you can, World-Herald Bureau, September 23,
2015, available at http://www.omaha.com/news/nebraska/
want-to-register-to-vote-online-in-nebraska-now-you/
article_7f1893e7-26d4-54bc-bf20-eada7155b15b.html.

2 Al Jazeera, Oregon adopts nations first automatic voter


registration law, March 16, 2015, available at http://america.
aljazeera.com/articles/2015/3/16/oregon-adopts-automatic-voter-registration-law.html.

19 Vermont.gov, Secy of State Condos Announces Roll-Out of


Online Voter Registration System, Press release, October 22,
2015, available at http://www.vermont.gov/portal/government/article.php?news=5701.

3 Office of California Secretary of State Alex Padilla, Governor


Brown Signs California New Motor Voter Act, Press release,
October 10, 2015, available at http://www.sos.ca.gov/
administration/news-releases-and-advisories/2015-newsreleases-and-advisories/governor-brown-signs-californianew-motor-voter-act/.

20 Adam Liptak, Supreme Court Rules Against Alabama in


Redistricting Case, The New York Times, March 25, 2015,
available at http://www.nytimes.com/2015/03/26/us/
supreme-court-rules-against-alabama-in-redistricting-case.
html.

4 Brennan Center for Justice, Automatic Voter Registration,


December 1, 2015, available at https://www.brennancenter.
org/analysis/automatic-voter-registration.
5 Brennan Center for Justice, Gov. Christie Vetoes Groundbreaking Voting Reform in New Jersey, Press release,
November 9, 2015, available at http://www.brennancenter.
org/press-release/gov-christie-vetoes-groundbreakingvoting-reform-new-jersey.
6 Samantha Lachman, Chris Christie Vetoes Election Reform
Bill In New Jersey, HuffPost Politics, November 9, 2015,
available at http://www.huffingtonpost.com/entry/chrischristie-automatic-registration_5640d98ce4b0307f2cae3e
5e.
7 Andrew Seidman, New Jersey Governor Vetoes Automatic
Voter Registration, Government Technology, November 11,
2015, available at http://www.govtech.com/state/NewJersey-Governor-Vetoes-Automatic-Voter-Registration.html.
8 Brennan Center for Justice, Gov. Christie Vetoes Groundbreaking Voting Reform in New Jersey.
9 Common Cause, 16. States should provide ballots and
registration materials to military and overseas voters via
their websites, available at http://www.commoncause.
org/issues/voting-and-elections/registration-and-votingsystems/did-we-fix-that-2014/military-overseas-voters.html
(last accessed December 2015).
10 Fair Elections Legal Network, Online Voter Registration
(2015), available at http://fairelectionsnetwork.com/wpcontent/uploads/Online-Voter-Registration-Brief.pdf.
11 Ibid.
12 Ibid.
13 Online Voter Application, S.B. 0228 (July 1, 2015), available at
http://www.flsenate.gov/Session/Bill/2015/0228/.
14 The Pew Charitable Trusts, Iowa to Offer Online
Voter Registration, January 29, 2015, available at http://
www.pewtrusts.org/en/research-and-analysis/analysis/2015/01/29/iowa-to-offer-online-voter-registration.
15 Brennan Center for Justice, Ahead of 2016, Voting Wars
Continue, But Momentum on Registration Reform, Press
release, June 3, 2015, available at https://www.brennancenter.org/press-release/ahead-2016-voting-wars-continuemomentum-registration-reform.
16 Ibid.
17 Gov. Tom Wolf, Pennsylvania Launches Online Voter Registration to Increase Efficiency and Offer Convenience, Press
release, August 27, 2015, available at https://www.governor.
pa.gov/pennsylvania-launches-online-voter-registration-toincrease-efficiency-and-offer-convenience/.

21 Rene Romo v. Ken Detzner and Pam Bondi, the League of


Women Voters of Florida v. Ken Detzner (Circuit Court for
the Second Judicial Court, in and for Leon County, Florida,
October 9, 2015), available at https://www.scribd.com/
doc/284214925/FL-Redistricting-Order-Oct-9-2015.
22 The Associated Press, Virginia: Judge Rules for G.O.P. In a
Gerrymandering Case, The New York Times, October 22,
2015, available at http://www.nytimes.com/2015/10/23/
us/virginia-judge-rules-for-gop-in-a-gerrymandering-case.
html.
23 Bill Chappell, Supreme Court Backs Arizonas Redistricting Commission Targeting Gridlock, NPR, June 29,
2015, available at http://www.npr.org/sections/thetwoway/2015/06/29/418521823/supreme-court-backs-arizonas-redistricting-commission-targeting-gridlock.
24 Jessica Taylor, One-Third Of Congressional Districts Could
Be Affected By Supreme Court Ruling, NPR, June 28,
2015, available at http://www.npr.org/sections/itsallpolitics/2015/06/28/417530683/one-third-of-congressionaldistricts-could-be-affected-by-supreme-court-ruling.
25 Max Smith, Va. state House redistricting map survives court
challenge, WTOP, October 22, 2015, available at http://wtop.
com/virginia/2015/10/va-state-house-redistricting-mapsurvives-court-challenge/.
26 Jeremy Farris, Shapiro v. McManus: The future of constitutional challenges to partisan gerrymanders, Common
Cause, November 5, 2015, available at http://www.commoncause.org/democracy-wire/shapiro-v-mcmanus.html.
27 J. Douglas Smith, When Not All Votes Were Equal, The
Atlantic, July 26, 2015, available at http://www.theatlantic.
com/politics/archive/2015/07/one-person-one-vote-ahistory/399476/.
28 Oregon State Legislature, H.B. 2974 (April 17, 2015), available at http://gov.oregonlive.com/bill/2015/HB2974/.
29 Office of Sen. Jay Costa, Bipartisan Legislative Work Group
to Tackle Redistricting Reform, Press release, June 2, 2015,
available at http://www.pasenate.com/bipartisan-legislative-work-group-to-tackle-redistricting-reform.
30 Erin Cox, Hogan commission urges nonpartisan approach
to redistricting, The Baltimore Sun, November 3, 2015,
available at http://www.baltimoresun.com/news/maryland/
bs-md-redistrict-20151103-story.html.
31 Jim Siegel, Voters approve issue to reform Ohios redistricting process, The Columbus Dispatch, November 4, 2015,
available at http://www.dispatch.com/content/stories/public/2015/election/ohio-state-issue-1-redistricting.html.
32 Carrie Levine, Is a Pro-Bush Super PAC Obscuring Its
Spending?, Time, October 7, 2015, available at http://time.
com/4063597/jeb-bush-right-rise-super-pac/.

8 Center for American Progress Action Fund | Democracy 2015: A Year in Review

33 Nick Corasanti, Carly Fiorinas Super PAC Aids Her Campaign, in Plain Sight, The New York Times, September 30,
2015, available at http://www.nytimes.com/2015/10/01/us/
politics/as-carly-fiorina-surges-so-does-the-work-of-hersuper-pac.html?emc=edit_tnt_20150930&nlid=42809692&t
ntemail0=y&_r=1.
34 Ian Vandewalker, California Cracks Down on Shadow
Campaigns, Brennan Center for Justice, October 5, 2015,
available at https://www.brennancenter.org/blog/californiacracks-down-shadow-campaigns.
35 Jack Noland, California Implements Tough New AntiCoordination Laws, Issue One, October 16, 2015, available
at https://www.issueone.org/california-implements-toughnew-anti-coordination-laws/.
36 Matt Volz, Montana Is Latest State to Reform Campaign
Finance Rules, The Associated Press, November 18, 2015,
available at http://news.yahoo.com/montana-latest-statereform-campaign-finance-rules-220921644.html.
37 Lauren Harmon and others, The Health of State Democracies (Washington: Center for American Progress Action
Fund, 2015), available at https://www.americanprogressaction.org/issues/civil-liberties/report/2015/07/07/116570/
the-health-of-state-democracies/.
38 Sean McElwee, Why Voting Matters: Large Disparities in
Turnout Benefit the Donor Class (New York: Demos, 2015),
available at http://www.demos.org/publication/why-votingmatters-large-disparities-turnout-benefit-donor-class.
39 Kevin Miller, Mainers approve clean election expansion
and $100 million in bond issues, Portland Press Herald,
November 3, 2015, available at http://www.pressherald.
com/2015/11/03/mainers-approve-clean-elections-measure-and-two-bond-issues/.
40 Russell Berman, Seattles Experiment With Campaign Funding, The Atlantic, November 10, 2015, available at http://
www.theatlantic.com/politics/archive/2015/11/seattleexperiments-with-campaign-funding/415026/.
41 Brennan Center for Justice, Democracy Restoration Act,
March 18, 2015, available at https://www.brennancenter.
org/legislation/democracy-restoration-act.
42 The Leadership Conference, A. Disproportionate Impact of
Felony Disenfranchisement Laws on Minorities, available at
http://www.civilrights.org/publications/reports/iccpr-shadow-report/a-disproportionate-impact-of.html (last accessed
December 2015).
43 Ibid.
44 Wyoming House Bill, H.B. 15 (March 12, 2015), available at
http://openstates.org/wy/bills/2015/HB15/.
45 Paige St. John, California could allow more felons to vote, In
major shift, Los Angeles Times, August 4, 2015, available at
http://www.latimes.com/local/political/la-me-ff-electionsfelons-vote-20150804-story.html.
46 Ari Berman, Kentucky Restores Voting Rights for Thousands
of Ex-Felons, The Nation, November 25, 2015, available
at http://www.thenation.com/article/kentucky-restoresvoting-rights-for-thousands-of-ex-felons/.
47 Emily Atkin, Thanks To Virginia Reforms, These People
Are Voting For The First Time In Decades, ThinkProgress,
November 3, 2015, available at http://thinkprogress.org/
justice/2015/11/03/3718908/virginia-rights-restorationelection-day/.
48 Brennan Center for Justice, Voting Rights Restoration
Efforts in Maryland, May 26, 2015, available at https://
www.brennancenter.org/analysis/voting-rights-restorationefforts-maryland.
49 Pamela Wood, Hogan vetoes bill allowing felons to vote
sooner, The Baltimore Sun, May 22, 2015, available at http://
www.baltimoresun.com/news/maryland/politics/blog/bsmd-hogan-bill-decisions-20150522-story.html.
50 Ibid.

51 Justin Levitt, A comprehensive investigation of voter


impersonation finds 31 credible incidents out of one
billion ballots cast, The Washington Post, August 6, 2014,
available at https://www.washingtonpost.com/news/wonk/
wp/2014/08/06/a-comprehensive-investigation-of-voterimpersonation-finds-31-credible-incidents-out-of-onebillion-ballots-cast/.
52 Kira Lerner, Judge Shuts Down Kris Kobachs Attempt To
Disenfranchise Voters In Kansas Elections, ThinkProgress,
August 27, 2015, available at http://thinkprogress.org/
politics/2015/08/27/3695987/kris-kobach-ruling-kansas/.
53 Ari Berman, Separate and Unequal Voting in Arizona and
Kansas, The Nation, October 15, 2015, available at http://
www.thenation.com/article/separate-and-unequal-votingarizona-and-kansas/.
54 Karen Dillon, Kobachs plan to remove 36,000 suspended
voters may be headed for class action, Lawrence JournalWorld, November 18, 2015, available at http://www2.ljworld.
com/news/2015/nov/18/kobachs-plan-remove-36000-suspended-voters-may-be-/.
55 Lerner, Judge Shuts Down Kris Kobachs Attempt To Disenfranchise Voters In Kansas Elections.
56 Peter Hancock, Kobach seeks to purge suspense voter list,
Lawrence Journal-World, August 18, 2015, available at http://
www2.ljworld.com/news/2015/aug/08/kobach-seekspurge-suspense-voter-list/.
57 Billy Corriher and Jake Paiva, State Judicial Ethics Rules
Fail to Address Flood of Campaign Cash from Lawyers and
Litigants (Washington: Center for American Progress, 2014),
available at https://www.americanprogress.org/issues/civilliberties/report/2014/05/07/89068/state-judicial-ethicsrules-fail-to-address-flood-of-campaign-cash-from-lawyersand-litigants-2/.
58 A recent report from fair-courts advocates surveyed the
rise in judicial campaign cash from 2000 to 2009 and found
that, Campaign fundraising more than doubled, from
$83.3 million in 19901999 to $206.9 million in 20002009.
Three of the last five Supreme Court election cycles topped
$45 million. All but two of the 22 states with contestable
Supreme Court elections had their costliest-ever contests
in the 20002009 decade. See James Sample and others,
The New Politics of Judicial Elections, 2000-2009: Decade
of Change (New York; Helena, MT; and Washington: Brennan Center for Justice, National Institute on Money in State
Politics, and Justice at Stake, 2010), available at http://www.
justiceatstake.org/media/cms/JASNPJEDecadeONLINE_8E7F
D3FEB83E3.pdf.
59 Scott Greytak and others, The New Politics of Judicial
Elections, 201112: How New Waves of Special Interest
Spending Raised the Stakes for Fair Courts (New York;
Helena, MT; and Washington: Brennan Center for Justice,
National Institute on Money in State Politics, and Justice
at Stake, 2012), available at http://newpoliticsreport.org/
report/2012-report/introduction/.
60 Tyler Bishop, The Most Expensive Judicial Election in U.S.
History, The Atlantic, November 10, 2015, available at http://
www.theatlantic.com/politics/archive/2015/11/the-mostexpensive-judicial-election-in-us-history/415140/.
61 Ibid.
62 Chris Potter, Seven candidates in the running for three
Pennsylvania Supreme Court seats, Pittsburgh Post-Gazette,
October 25, 2015, available at http://www.post-gazette.
com/news/politics-state/2015/10/25/Seven-candidates-inthe-running-for-three-Pennsylvania-Supreme-Court-seats/
stories/201510250090.
63 Michele L. Jawando and Billy Corriher, More Money, More
Problems: Fleeting Victories for Diversity on the Bench
(Washington: Center for American Progress, 2015), available
at https://www.americanprogress.org/issues/civil-liberties/
report/2015/10/26/124022/more-money-more-problems/.
64 American Civil Liberties Union, Shelby County v. Holder,
available at https://www.aclu.org/voting-rights/shelbycounty-v-holder (last accessed December 2015).

9 Center for American Progress Action Fund | Democracy 2015: A Year in Review

65 Vishal Agraharkar, 50 Years Later, Voting Rights Act Under


Unprecedented Assault, Brennan Center for Justice, August
2, 2015, available at https://www.brennancenter.org/
analysis/50-years-later-voting-rights-act-under-unprecedented-assault.

75 Julie Bosman, Wisconsin Governor Signs Bill Limiting Political Corruption Inquiries, The New York Times, October 23,
2015, available at http://www.nytimes.com/2015/10/24/us/
wisconsin-governor-signs-bill-limiting-political-corruptioninquiries.html?_r=0.

66 Harmon and others, The Health of State Democracies.

76 Alan Greenblatt, Government Accountability? GOP Says


No Thanks, Wisconsin, Governing, May 1, 2015, available at
http://www.governing.com/topics/politics/gov-wisconsingovernment-accountability-board.html.

67 Kyle Whitmire, Voter ID and drivers license office closures


black-out Alabamas Black Belt, AL.com, September 30,
2015, available at http://www.al.com/opinion/index.
ssf/2015/09/voter_id_and_drivers_license_o.html.
68 John Archibald, Alabama sends message: We are too
broke to care about right and wrong, AL.com, September
30, 2015, available at http://www.al.com/opinion/index.
ssf/2015/09/alabama_sends_message_we_are_t.html.
69 Associated Press, Study: Voter ID laws hit minorities, Politico, October 9, 2014, available at http://www.politico.com/
story/2014/10/voter-id-laws-minorities-111721.
70 Office of Congresswoman Terrie Sewell, Rep. Sewell Asks for
a DOJ Investigation into Alabama Drivers License Closures,
Press release, October 5, 2015, available at https://sewell.
house.gov/media-center/press-releases/rep-sewell-asksdoj-investigation-alabama-driver-s-license-closures.
71 Brian Lyman, Alabama Will Reopen Closed DMV Offices in
Black Counties, Governing, October 20, 2015, available at
http://www.governing.com/topics/politics/drivers-licenseoffices-will-reopen-on-limited-basis.html.
72 Wisconsin Historical Society, Progressivism and the Wisconsin Idea, available at http://www.wisconsinhistory.org/
turningpoints/tp-036/?action=more_essay (last accessed
December 2015).

77 Ibid.
78 AP Wire Service and Fox6 News, State Senate GOP votes to
dissolve Government Accountability Board, November 7,
2015, available at http://fox6now.com/2015/11/07/statesenate-gop-votes-to-dissolve-government-accountabilityboard/.
79 Patrick Marley and Jason Stein, Assembly approves splitting
GAB into elections and ethics agencies, Milwaukee Journal
Sentinel, October 21, 2015, available at http://www.jsonline.
com/news/statepolitics/assembly-poised-to-pass-electionbills-but-senates-ok-uncertain-b99600410z1-335002271.
html.
80 Todd Richmond, Walker signs bills loosening campaign finance regulations, eliminating elections board,
StarTribune, December 16, 2015, available at http://www.
startribune.com/governor-signs-law-eliminating-electionsboard/362659021/.
81 Glenn Minnis, Wisconsin Voter ID Laws: Federal Judge
Refuses to Soften Wisconsins Voter ID Laws, Latin Post,
October 21, 2015, available at http://www.latinpost.com/
articles/88730/20151021/wisconsin-voter-id-laws-federaljudge-refuses-soften-wisconsins.htm.

73 Ibid.
74 Chicago Tribune, Wis. Gov. Scott Walker signs bill ending
secret John Doe investigations into political misconduct,
October 23, 2015, available at http://www.chicagotribune.
com/news/nationworld/midwest/ct-scott-walker-john-doeinvestigation-bill-20151023-story.html.

10 Center for American Progress Action Fund | Democracy 2015: A Year in Review

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