Under the Voting Rights Act, jurisdictions with histories of racial discrimination in their political practices may not make any changes affecting voting without advance approval – or preclearance – from the Justice Department or the federal trial court in Washington, D.C. The states and counties subject to preclearance were determined by a formula set out in Section 5 of the law. The Supreme Court declared the formula unconstitutionally outdated in 2013. The 5-4 ruling in Shelby County v. Holder did not strike down Section 5, but without a formula the preclearance requirement is unenforceable.
The Federal Election Commission has once again punted on establishing rules for identifying who is sponsoring online political advertisements. Thursday marked the fourth consecutive meeting in which the topic fell to the wayside without a clear path forward.
FEC Chairwoman Ellen Weintraub revived debate on the topic in June when she introduced a proposal on how to regulate online political ads. In her proposal, she said the growing threat of misinformation meant that requiring transparency for political ads was "a small but necessary step."
Vice Chairman Matthew Petersen and Commissioner Caroline Hunter put forth their own proposal soon after Weintraub, but the commissioners have failed to find any middle ground. At Thursday's meeting, a decision on the agenda item was pushed off to a later date.
Weintraub's proposal says the funding source should be clearly visible on the face of the ad, with some allowance for abbreviations. But Petersen and Hunter want to allow more flexibility for tiny ads that cannot accommodate these disclaimers due to space.
The California Supreme Court is fast-tracking its review of a challenge to a new law that would require President Trump to make public his tax returns in order to get on the state's ballot for the 2020 election.
A lawsuit seeking to block implementation of the law was filed August 6 by the California Republican Party against Secretary of State Alex Padilla. It claims the law violates California's constitution.
Two other challenges, one filed by Trump's personal lawyers, are pending in federal court.