“Like Thieves Covering Their Tracks”: North Carolina Republicans Push Extreme Voter Suppression Measures
This week, the North Carolina legislature will almost certainly pass a strict new voter ID law that could disenfranchise 318,000 registered voters who don’t have the narrow forms of accepted state-issued ID. As if that wasn’t bad enough, the bill has since been amended by Republicans to include a slew of appalling voter suppression measures. They include cutting a week of early voting, ending same-day registration during the early voting period and making it easier for vigilante poll-watchers to challenge eligible voters. The bill is being debated this afternoon in the Senate Rules Committee. Here are the details, via North Carolina State Senator Josh Stein (D-Wake County):
If anyone had any doubt about the bill’s intent to suppress voters, all he/she has to do is read it. The bill now does the following:
*shortens early voting by 1 week,
*eliminates same day registration and provisional voting if at wrong precinct,
*prevents counties from offering voting on last Saturday before the election beyond 1 pm,
*prevents counties from extending poll hours by one hour on election day in extraordinary circumstances (like lengthy lines),
*eliminates state supported voter registration drives and preregistration for 16/17 year olds,
*repeals voter owned judicial elections and straight party voting,
*increases number of people who can challenge voters inside the precinct, and
*purges voter rolls more often.Meanwhile, it floods the democratic process with more money. The bill makes it easier for outside groups to spend on electioneering and reduces disclosure of the sources. It also raises the contribution limits to $5k per person per election from $4k and indexes to amount to rise with inflation.
The bill even eliminates Citizens Awareness Month to encourage voter registration, notes Brent Laurenz, executive director of the nonpartisan North Carolina Center for Voter Education. Because God forbid we encourage people to vote! The proposed bill eliminates nearly all of the democratic advances that made North Carolina one of the most progressive Southern states when it comes to voting rights and one of the top fifteen states in voter turnout nationally, guaranteeing that there will be longer lines at the polls, less voter participation and much more voter confusion.
The legislation is likely to be deeply unpopular. For example, 56 percent of North Carolinians voted early during the 2012 election. Blacks used early voting at a higher rate than whites, comprising a majority of those who voted absentee or early. According to Public Policy Polling, 78 percent of North Carolinians support the current early voting system and 75 percent have used it in the past.
In addition, over 155,000 voters registered to vote and voted on the same day during the early voting period in 2012. “Voters expressed their satisfaction and gratitude that North Carolina had a process that afforded citizens with more opportunities to register and vote,” said a 2009 report from the state board of elections.
Republicans in North Carolina have taken abuse of the democratic process to a whole new extreme: they’ve won elections with the help of huge corporate money, they’ve gerrymandered the legislative maps to resegregate the state and drastically limit the representation of their political opponents, they’ve passed a slew of extreme right-wing bills in the past few months to benefit the top 1 percent and harm everyone else—and now they’re going all out to prevent those opposed to that political agenda from exercising their democratic rights. “There’s a certain evil symmetry to the proposal,” writes Rob Schofield, director of research for NC Policy Watch. “After having spent months passing scores of regressive and destructive proposals into law, state leaders are now, like thieves covering their tracks, doing everything in their power to make sure they’re not caught or punished for their actions.”
In the final depressing twist, North Carolina no longer has to clear these voting changes with the federal government, since the Supreme Court invalidated Section 4 of the Voting Rights Act. Nevertheless, it’s almost certain parts of the legislation—if enacted—will be challenged under the state constitution or other provisions of the VRA, and could very well spark a major backlash among North Carolina voters. In twelve weeks, more than 900 North Carolinians have been arrested for peaceful protest as part of the Moral Monday movement. Recently, Senate Rules Committee Chairman Tom Apodaca boasted that North Carolina would no longer have to go through the legal headache of complying with Section 5 of the VRA. Responded Rev. Barber of the North Carolina NAACP, “If you think you can take away our voting rights, you’ll have a headache.”
[UPDATE, 3:22 pm, July 23: The bill passed the Senate Rules Committee this afternoon, now goes to full Senate and then to House.]
By: Ari Berman, The Nation, July 23, 2013
“Chief Justice Roberts, Meet Trayvon Martin”: The Work For Civil Rights And Equal Opportunity For All Is Far From Finished
Less than three weeks ago, the conservative majority of the U.S. Supreme Court invalidated a key enforcement provision of the Voting Rights Act of 1965, saying that the Act had worked so well that its provisions designed to confront ingrained institutional racism were no longer necessary.
Just this weekend, a Florida man was acquitted for shooting an unarmed African American teenager walking to his father’s house armed with only a bag of Skittles. The verdict was heartbreaking, not just because it left Trayvon Martin’s family without justice, but because it illustrated so clearly what so many Americans already know. Our criminal justice system, like our voting system, is stacked against people of color.
The George Zimmerman trial — at which the subject of race was barely mentioned, even though it was ever-present both inside and outside the courtroom — highlighted what five justices on the Supreme Court failed to recognize. While we have made undeniable progress on civil rights, racial bias in the form of race-neutral code words and systemic injustice continues to be the silent force determining access to the ballot box and vulnerability in our criminal justice system. These two injustices are, in fact, intimately linked. The over-incarceration of African Americans has led to the creation of an entire class of Americans who are cut off from the franchise of voting.
The Stand Your Ground laws, measures pushed by the NRA and the corporate-funded American Legislative Exchange Council (ALEC), which allow armed citizens to shoot first against a perceived threat even when they’ve been the aggressor, are a case in point. Laws like Florida’s Stand Your Ground measure help create a climate like the one that encouraged George Zimmerman to use lethal force against an unarmed teenager.
Stand Your Ground laws, which are all the rage on the right, don’t work for everyone. In fact, recent analysis shows that white perpetrators who shoot African American victims are 11 times more likely to get off on a Stand Your Ground defense than African American perpetrators who shoot white victims. Tragically, the same racial bias holds true for “justifiable homicides” across the board.
The Zimmerman defense and right-wing media portrayed the deceased Trayvon Martin as a violent, pot-smoking thug — the stereotype that looms large in a criminal justice system that is officially race-blind but still produces wildly different outcomes for white people and people of color. As the ACLU has found, African Americans are nearly four times more likely to be arrested for possessing marijuana than are white Americans, despite nearly identical rates of usage. What for white teenagers is often viewed as a bad habit or a passing phase is for African American teenagers viewed as the first step in a life of crime.
Yes, let’s respond to this verdict by mourning Trayvon and mourning an all-too-common disparity of justice. But then, let’s organize. We must elect leaders who will speak the simple truth about race and justice in America, and will work to fix the system. We must push for the end to laws like Stand Your Ground that endanger our communities, work to restore meaningful voting rights protections, and insist on the nomination of Supreme Court justices who fully understand how the law and the Constitution affect ordinary Americans. Five Supreme Court justices may think that systemic racism in America does not need to be addressed. We must work to elect leaders at all levels of government who know that that is wrong, that the work for civil rights and equal opportunity for all is far from finished.
By: Michael B. Keegan, The Huffington Post, July 15, 2013
“Echos Of The Past”: Civil Rights Assaulted By Supreme Court
Last week was bittersweet for the cause of human dignity.
On one hand, the Supreme Court gave us reason for applause, striking down barriers against the full citizenship of gay men and lesbians. On the other, it gave us reason for dread, gutting the 1965 Voting Rights Act. The 5-4 decision was stunning and despicable, but not unexpected. The country has been moving in this direction for years.
The act is sometimes called the crown jewel of the Civil Rights Movement, but it was even more than that: the most important piece of legislation in the cause of African-American freedom since Reconstruction. And in shredding it, the court commits its gravest crime against that freedom since Plessy v. Ferguson in 1896.
That decision ratified segregation, capping a 30-year campaign by conservative Southern Democrats to overturn the results of the Civil War. Given that the Voting Rights Act now lies in tatters even as Republicans embrace Voter ID schemes to suppress the black vote, given that GOP star Rand Paul has questioned the constitutionality of the 1964 Civil Rights Act, one has to wonder if the results of the Civil Rights Movement do not face a similar fate.
Or, as Georgia Rep. John Lewis put it when I spoke with him Monday, “Can history repeat itself?”
Lewis was the great hero of the battle for voting rights, a then-25-year-old activist who had his skull broken by Alabama state troopers on Edmund Pettus Bridge in Selma, AL while leading a march against the use of poll taxes, literacy tests, morals tests, economic intimidation, clubs, guns and bombs to deny black people the ballot. The law he helped enact required states and counties with histories of voting discrimination to seek federal approval before changing their voting procedures. (Those that behaved themselves for a decade could be released from that requirement.)
The court struck down the formula the law uses to determine where discrimination lives (and therefore, which jurisdictions should be covered), saying the dates are too old to be reliable. As Chief Justice John Roberts noted in writing for the majority, the country has changed dramatically since that era. African-American electoral participation is at levels undreamt of in 1965.
And so it is. Because. The Act. Worked.
Using that success as an excuse to cripple it, noted Justice Ruth Bader Ginsburg in her dissent, is like “throwing away your umbrella in a rainstorm because you are not getting wet.” Indeed, had the nation not changed dramatically since 1965, would that not have been cited as evidence of the Act’s failure? Damned if you do, damned if you don’t, then: The Voting Rights Act never had a chance.
This court, said Lewis, “plunged a dagger in the heart” of the freedom movement. Nor is it lost on him that the majority which struck down this bedrock of black freedom included a black jurist: Clarence Thomas. “The brother on the court,” said Lewis, “I think he’s lost his way.”
So what now? Lewis says we must push Congress for legislation to “put teeth back in the Voting Rights Act.” Given that this Congress is notorious for its adamantine uselessness, that seems farfetched, but Lewis insists bipartisan discussion is already under way.
Fine. Let us demand that bickering, dysfunctional body do what is needed. But let us — African-Americans and all believers in freedom — also serve notice that, whatever lawmakers do, we will not stand placidly by as history repeats and citizenship is repealed, but that we will energetically resist by every moral means.
Saying that, I hear the ghostly echo of those who, once upon a generation, marched into Southern jails, singing “Ain’t gonna let nobody turn me around.” It is an ancient song of defiance that feels freshly — sadly — relevant to our times.
By: Leonard Pitts, Jr., The National Memo, July 3, 2013
“Supreme Conflicts”: The Peaks And Valleys That Illustrate Our Country’s Worse Divisions
Like most families, my brood is a complex configuration of souls, so I greeted this week’s flurry of Supreme Court decisions with a conflicted heart.
This is true for most anyone who paid attention to the court rulings, I imagine. This latest round reflects parts of our culture we either want to embrace or want to reject. No middle ground here. It’s all peaks and valleys, the perfect graphic to illustrate our country’s divisions these days.
Initially, I was overjoyed to hear that the court had struck down the federal Defense of Marriage Act — a ridiculously named law that did nothing but harm to innocent people and their families for 17 years. Finally, the U.S. government must recognize the legal marriages of same-sex couples, and the earth didn’t tremble, not even a little bit.
Immediately, my mind was flooded with the faces of so many gay men and women who populate our daily lives — good people, crazy loyal and with a patience no one has the right to ask of them.
My mood was quickly tempered by the wake-up jolt of reality. Thirty-nine states still treat their gay citizens like modern-day lepers, passing bills and referenda as redundant as they are hateful. The DOMA decision does nothing to stop states from continuing to discriminate against men and women whose only crime is to be different from the people who fear them for reasons they can’t explain, even to themselves.
A lot of people who oppose marriage equality like to blame God for their bigotry. In my version of heaven, I get to watch them try to explain themselves.
Meanwhile, down here on earth, every time I hear someone talk about how God hates homosexuality — that whole “love the sinner, hate the sin” malarkey — I think of my late mother, whose faith survived countless trials in her 62 years.
“Being a Christian means fixing yourself and helping others,” she used to say, “not the other way around.” That’s a lifetime of work summed up right there.
Nine years ago, my husband and I were married by a minister who still cannot wed her longtime partner simply because they live in Ohio instead of Massachusetts, say, or any other state in New England where same-sex marriage is legal.
To this day, friends and family who attended our wedding want to talk about how moved they were by Pastor Kate’s sermon at our service. To this minute, Pastor Kate cannot legally claim Jackie — beloved to all of us — as her spouse, even as she works for the United Church of Christ every single day.
God’s will, you understand.
Uh-huh.
Also this week, the Supreme Court gutted the Voting Rights Act by ruling that Section 4 of the 1965 law is now unconstitutional. This particular section provides a formula to determine which jurisdictions are subject to federal government clearance before they can change their voting laws.
Historically, the voters targeted by these attempts to reduce their numbers are people of color. Also historically, Republicans are behind these changes, but they pinky-swear that it has nothing to do with how few people of color vote for them.
I’ve lost count of how many times I’ve written about these Republican stunts to suppress the vote. I can’t think of anything more patriotic than helping every eligible voter cast a ballot.
As I age, however, and our children grow up and marry, my patriotic fervor has become to-the-bone personal.
Our 5-year-old grandson bears his mother’s family name, which is Puerto Rican. Our future son-in-law emigrated with his family from El Salvador when he was a child. Republicans are not, shall we say, big fans.
As Columbia University professor Rodolfo O. de la Garza explained in an op-ed in February for The New York Times, America’s Latinos are increasingly the new Republican target for all things sinister.
“The nation does not acknowledge the discrimination Latinos have undergone,” he wrote. “Today, many public officials from states across the nation seem to feel free to treat Latinos as unwelcome newcomers and view Latino voters with suspicion. Republicans are especially leery of Latino voters who are perceived to be noncitizens or, even worse, Democrats.
“Without the law’s threat of federal intervention, I fear that the promise of Latino political equality will stagnate.”
That’s my family he’s talking about.
Fortunately, by 2043, that will be most American families in this country, as the U.S. Census Bureau estimates that that’s the year the white majority will be history.
This white granny’s going to eat a really healthful diet between now and then, because I want to live to see that day.
By: Connie Schultz, The National Memo, June 27, 2013
“A Conservative Dream Comes True”: The Supreme Court Dismisses History And The Lessons Of “Bloody Sunday”
In a 5-4 decision, the Supreme Court has thrown out Section 4 of the Voting Rights Act, the historic law first passed in the days after 1965′s Bloody Sunday in Selma, Alabama.
The ruling voids the formula to determine which jurisdictions require “pre-clearance” from the federal government before they make any changes to their voting laws, effectively freeing officials to alter voting procedures at will until Congress authorizes a new formula.
The Voting Rights Act has been renewed by Congress several times. The last was in 2006, when a Republican House voted 390-33 and a Republican Senate voted 98-0 to send a renewal that authorized the law for 25 years to President George W. Bush for his signature. Despite Congress deciding that the Section 4 formula was still relevant seven years ago, conservatives on the Court disagreed.
“In assessing the ‘current need’ for a pre-clearance system treating States differently from one another today, history since 1965 cannot be ignored,” Chief Justice John Roberts wrote in his majority decision for Shelby County v. Holder. After suggesting that the current formula is based on “40-year-old data,” he included a chart that demonstrated the success of the law when it comes to increasing registration among African-Americans.
However, just last year, courts based several decisions to block laws designed to suppress the minority vote in the 2012 general election on Section 5, which now holds no significance without Section 4. Despite the court’s intervention, voters in Florida had to wait as many as nine hours in line to vote.
Roberts wrote that Congress “may draft another formula based on current conditions,” which is highly unlikely given current partisan gridlock.
The Nation’s Ari Berman explains that the existing formula is extremely effective in determining jurisdictions that should require “pre-clearance”:
Six of the nine states fully covered by Section 5, all in the South, passed new voting restrictions after the 2010 election. “Section 5,” write law professors Christopher Elmendorf and Douglas Spencer, “is remarkably well tailored to the geography of anti-black prejudice.” Of the ten states where anti-black stereotypes are most common, based on data from the National Annenberg Election Survey, six in the South are subject to Section 5. Racially polarized voting and “explicit anti-black attitudes,” according to an AP survey, have increased since 2008. Arkansas and Virginia have passed strict new voter-ID laws this year, while North Carolina is considering a slew of draconian restrictions.
The states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia are all covered under the current formula. It also covers some counties in California, Florida, New York, North Carolina and South Dakota, and local jurisdictions in Michigan, all areas that have demonstrated historic discrimination against African-Americans, American Indians, Asian-Americans, Alaska Natives or Latinos.
The case brought by Shelby County was backed by “leading operatives and funders in the conservative movement along with Republican attorneys general in Alabama, Alaska, Arizona, Georgia, South Carolina, South Dakota and Texas.”
“Overturning Section 5 is in many respects the most important battle in the GOP’s war on voting,” according to Berman.
Think Progress‘ Josh Israel and Aviva Shen predict that the immediate impact of the demise of Section 4 will lead to stricter voter ID laws, racially gerrymandered legislative maps and blocking of grassroots get-out-the-vote efforts.
“All told, between 1982 and 2006, DOJ objections blocked over 700 voting changes based on a determination that the changes were discriminatory,” Justice Ruth Bader Ginsburg wrote in her passionate dissent that explicated several instances where “pre-clearance” had prevented discriminatory laws from taking effect.
“That determination of the body empowered to enforce the Civil War Amendments ‘by appropriate legislation’ merits this Court’s utmost respect,” Ginsburg summarized. “In my judgment, the Court errs egregiously by overriding Congress’ decision.”
“I am deeply disappointed with the Supreme Court’s decision today,” President Obama said in a statement. “For nearly 50 years, the Voting Rights Act – enacted and repeatedly renewed by wide bipartisan majorities in Congress – has helped secure the right to vote for millions of Americans. Today’s decision invalidating one of its core provisions upsets decades of well-established practices that help make sure voting is fair, especially in places where voting discrimination has been historically prevalent.”
After calling the Voting Rights Act “the cornerstone of the American civil rights movement,” Vice President Joe Biden said Tuesday,”“We’re going to work with Congress in this effort and the administration is going to do everything in our power to make sure that fair and equal voting processes are maintained.”
By: Jason Sattler, The National Memo, June 24, 2013
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