“Undermining Democratic Turnout”: The Totally Legal Campaign To Steal 2016
The most striking facet of the Supreme Court’s decision to strike down Texas’ abortion law was how directly it confronted the obvious lie at the heart of the case.
Conservative lawmakers have enacted a sweeping flurry of abortion restrictions at the state level, and justified their policies with a supposed concern for women’s health. It’s such an obvious cover that when the court asked Texas’ lawyers to justify their arguments with empirical data, they had precisely bupkis. The point of these laws is to prevent abortion, women’s health be hanged.
An analogous situation is developing with respect to voting rights, where conservative legislators have also enacted a sweeping set of state-level regulations making it harder to vote and justified them with obvious nonsense about voter fraud. And it’s ready to pay off this year, especially in local elections.
The problem with voter ID laws — the signature conservative vote suppression measure — is that it’s aimed at the most idiotic possible method of stealing an election. Even a small local election is usually decided by hundreds if not thousands of votes, so in order to steal one with fraudulent individual votes, you’d have to get hundreds or thousands of people to commit a very serious felony — with no guarantee that it will actually swing the election.
As any tinpot dictator could tell you, the way to steal an election is by manipulating the central election procedure. Instead of wrangling thousands of random schlubs, you fiddle with the registration lists or the assignation of ballots — or you prevent the enemy party from voting in the first place.
Given the GOP’s other vote suppression measures — like shortening early voting, eliminating night and weekend voting, making it harder to register to vote, and so on, all of which have nothing to do with fraud but disproportionately hit liberal constituencies — undermining Democratic turnout is the obvious motivation behind voter ID and similar policies.
It’s always been unclear whether conservatives were being consciously deceptive about their motives, or had merely convinced themselves of tactically convenient nonsense by constant repetition. But at least some of them were outright lying. Ari Berman at The Nation has the goods, in an extensive report about how GOP vote suppression is paying dividends in Wisconsin:
Schultz asked his colleagues to consider not whether the bill would help the GOP, but how it would impact the voting rights of Wisconsinites. Then-State Senator Glenn Grothman cut him off: “What I’m concerned about is winning. We better get this done while we have the opportunity.” (When asked during the state’s April 5 primary why Republicans would carry Wisconsin in 2016, Grothman, who had since been elected to the U.S. Congress, replied: “Now we have photo ID.”) In a federal voting-rights case, Allbaugh named two other GOP senators who were “giddy” and “politically frothing at the mouth” over the bill. [The Nation]
Make no mistake, this is tantamount to election theft. But since the Supreme Court gutted the Voting Rights Act in 2013, it is all probably legal, and even fairly above board given the number of Republicans who have been caught letting slip the bleeding obvious.
But legal or illegal, there is little difference between falsifying the results of an election and preventing the enemy party’s supporters from voting. Either way American citizens are deprived of their due right to the franchise. And while there is no general constitutional right to vote, given that African-Americans are the most reliable Democratic Party supporters, many of the vote suppression measures are racist in effect and probably in intention, and therefore arguably violations of the 15th Amendment.
None of this is particularly original. Republicans are the direct heirs to the Dixiecrat political tradition, and this batch of vote suppression is a weak echo of the methods by which African-Americans were prevented from voting in the Jim Crow South.
But until Congress can re-protect the franchise, the key question for the future will be whether the Supreme Court will revisit its previous view that the Voting Rights Act is largely outdated and unnecessary. Chief Justice John Roberts came to that view through a tremendous effort of willful ignorance — but subsequent events could not possibly have proved him wrong more decisively. The next time voting rights comes before the court, the need to defend the franchise will be difficult to ignore.
By: Ryan Cooper, The Week, July 5, 2016