“Suppressing Votes Just Another Day At The Office”: Republicans Are Treating The Right To Vote As Discretionary
When I said yesterday that the right to vote was increasingly being treated as a partisan political game, I had no way to know that a very prominent Republican politician would supply an instant illustration, per a report from the Bergen Record:
Governor Christie pushed further into the contentious debate over voting rights than ever before, saying Tuesday that Republicans need to win gubernatorial races this year so that they’re the ones controlling “voting mechanisms” going into the next presidential election….
“Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist? Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?” he asked.
Brother Benen commented archly:
I’m not sure which is worse: the prospect of Christie making these remarks without thinking them through or Christie making these remarks because he’s already thought this through.
In theory, in a functioning democracy, control over “voting mechanisms” shouldn’t dictate election outcomes. Citizens consider the candidates, they cast their ballots, the ballots are counted, and the winner takes office. It’s supposed to be non-partisan – indeed, the oversight of the elections process must be professional and detached from politics in order to maintain the integrity of the system itself.
So what exactly is Chris Christie suggesting here?….
[P]olitical scientist Norm Ornstein paraphrased Christie’s comments this way: “How can we cheat on vote counts if we don’t control the governorships?”
Yep, Republicans are treating the right to vote as discretionary, depending on their party’s needs, which makes voter suppression just another day at the office.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, October 22, 2014
“Confused Voter Or Disenfranchised Voter?”: In Texas, You Can Vote With A Concealed Handgun License—But Not A Student ID
Texans casting a ballot on Monday, when early voting begins, will need to show one of seven forms of photo ID. A concealed handgun license is okay, but a student ID isn’t. The Supreme Court on Saturday allowed Texas to go forward with this controversial voter ID law. A federal judge had previously struck down the law, arguing that it could disenfranchise 600,000 voters or a full 4.5 percent of registered voters, many of them black and Latino.
Critics say voter ID laws, especially the one in Texas, amount to voter suppression, because it can be both difficult and costly to get the required identification. In a powerfully worded dissent, Justice Ruth Bader Ginsburg, joined by Sonia Sotomayor and Elena Kagen, wrote, “The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters.”
Saturday’s decision marks the third time this season that the Supreme Court has allowed a controversial voter law to take effect. The other two were about measures in Ohio and North Carolina. This may not seem surprising, given that the Roberts Court has struck down a key section of the Voting Rights Act, but the rationale for this (and the other decisions) may have been more about timing than substance—in particular, observing the precedent of Purcell v. Gonzalez, in which the Court has blocked last-minute changes in voting laws in order to avoid confusion. Still, what’s worse? A confused voter or a disenfranchised one? The latter, Ian Millhiser argued at ThinkProgress: “If a confused voter brings an ID to the polls that they do not need to have, they will still get to cast a ballot. But if the same voter mistakenly forgets their ID (or fails to obtain one) because they were confused and believed that their state’s voter ID law was not in effect, then they will be disenfranchised.”
Actual voter fraud, which is the problem that Republican legislation supposedly addresses, is difficult to find. Ginsburg noted that there were “only two in-person voter fraud cases prosecuted to conviction” in Texas in almost a decade. The consequences of voter ID laws, on the other hand, are much easier to track. According to the nonpartisan Government Accountability Office, existing ID requirements reduced turnout in some states during the last presidential election, particularly among young and black voters. Now, imagine the impact is even larger, because it is spread over the 33 states that now require some form of photo ID to vote. The same report found that the costs of acquiring the needed ID ranged between $14.50 to $58.50 for 17 of the states.
By: Rebecca Leber, The New Republic, October 20, 2014
“Election Rigging, Culture War Edition”: Republicans Relying On Gerrymandering And Voter Suppression To Hold Onto Power
Republicans in Texas have managed to finagle a world in which a gun permit counts as proof of voter eligibility, but a student ID does not.
A divided Supreme Court handed a big defeat to the Obama administration and numerous civil rights groups early Saturday morning when it ruled that Texas can enforce its 2011 voter ID law in November that some have called the strictest in the country. Three justices dissented from the ruling that rejected an emergency request that had been filed by the Justice Department and civil rights groups.
The decision appears to mark “the first time since 1982 that the Court has allowed a law restricting voters’ rights to be enforced after a federal court had ruled it to be unconstitutional,” notes Scotus Blog’s Lyle Denniston. A federal judge had struck down the law last week, saying that some 600,000 voters—mostly black or Latino—would face difficulties at the polls due to a lack of proper identification. The law, which was approved in 2011 but only came in effect in 2013 lays out seven approved forms of identification—a list many have questioned for including concealed handgun licenses but not college IDs, notes the Associated Press.
Earlier this week Rachel Maddow called these tactics exactly what they are: cheating. There’s no sense in which a gun permit is a more reliable form of identification than a student ID, and no sense in which it’s constitutional or fair to require a person who tends to move every year or more and often depends on public transit, to have a current driver’s license in order to vote.
It’s election rigging, plain and simple, designed to give Republican and conservative voters the opportunity to vote while denying the franchise to traditionally more Democratic and progressive demographics.
But while these tactics are an outrage, they are in a sense a mark of desperation by the Right. They know that they can’t compete electorally, and that demographics work more and more against them with every election cycle. They see the handwriting on the wall, and unable to win the argument on policy, they rely on gerrymandering and vote suppression to hold onto power for just a few more years.
A slim extremist majority on the U.S. Supreme Court is helping to enable these tactics, but it won’t serve them for long. Democrats have gotten very good at voter turnout operations, and it won’t be long before demographic pressures overwhelm the ability of conservatives to win elections by suppressing and slicing away a few percentages here and there. It simply delays the inevitable.
By: David Atkins, Washington Monthly Political Animal, October 19, 2014
“Depressing And Infuriating”: Voter ID Laws Make The Poll Tax Look Good
The poll tax is looking pretty tempting in the rear-view mirror. It was $1.50 in 1964, when the 24th Amendment outlawed it as a requirement for voting in federal elections. Adjusted for inflation, the tax would be less than $12 today. That makes it a lot cheaper — and infinitely easier — than getting hold of exactly the right documentation to cast a ballot under some state laws.
The recent wave of rulings and opinions on voter ID laws makes for depressing, at times infuriating, reading. There is the parade of “practical obstacles” summarized by U.S. District Judge Lynn Adelman, writing on the Wisconsin law. Trying to learn what you need, collecting the documents, getting to and standing on line at one or more state offices that are open only during business hours, and perhaps having to deal with multiple other state and federal agencies to address discrepancies — just skimming the list will make your stomach clench and your head ache. It’s a major undertaking for a high-income, highly educated person with flexible work hours and access to public officials. It’s prohibitive in multiple ways for others.
There are the calculated choices majority Republicans made in Texas about what kinds of ID to accept and reject. They said yes to gun permits and military IDs and didn’t mess with absentee ballots — all ways to “broaden Anglo voting,” U.S. District Judge Nelva Gonzales Ramos wrote. They rejected student IDs, state government employee IDs and federal IDs, all “disproportionately held by African-Americans and Hispanics.”
There is the barrier of cost, addressed in an opinion on the Wisconsin law by Judge Richard Posner, a conservative named by Ronald Reagan to the Seventh Circuit Court of Appeals. He cited a Harvard Law School report that found the cost of documentation, travel and waiting time to get an ID to be $75 to $175. That’s 50 to 100 times more than that $1.50 poll tax, and all you’d have to do is pay at the polling station before voting.
The poll tax, in many cases applied selectively and used to discriminate, had no place in a democracy. Yet how different was it from the hurdles placed in the path of so many voters today?
These burdens, and possibly even the outcome of a close race or two, hang in the balance as the courts whipsaw back and forth in the weeks before the Nov. 4 election. Ramos blocked the Texas law last week, she was reversed by a three-judge appeals panel this week, and the next day the Supreme Court was asked to again block the law from taking effect. The Wisconsin law went through a similar judicial rollercoaster before the Supreme Court last week said it could not go forward this year.
Posner’s dissent in the Wisconsin case is memorable for personal asides that inject bracing reminders of the real world, and an overall scathing tone. His 11-page appendix, for instance, is called “Scrounging for your birth certificate in Wisconsin.” All 11 pages are required forms and instructions on how to fill them out.
“Scrounge” was the Seventh Circuit panel’s verb of choice in its short-lived ruling to let the law take effect. The panel referred disapprovingly to people “unwilling to invest the necessary time” to “scrounge up a birth certificate and stand in line at the office that issues driver’s licenses.” To which Posner responded that “the author of this dissenting opinion” — that would be him — “has never seen his birth certificate and does not know how he would go about ‘scrounging’ it up. Nor does he enjoy waiting in line at motor vehicle bureaus.”
Posner wrote that since voter-impersonation fraud is virtually non-existent, the only motivation for such requirements is “to discourage voting by persons likely to vote against the party responsible for imposing the burdens.” He uses charts to show that of the nine states with the strictest ID requirements, eight laws were passed by all-GOP legislatures and seven of the eight also had GOP governors.
The morality of all this is bad enough — we’re talking about voting, for Pete’s sake, the bedrock of the republic, a right people died to win. But the voter ID fad also reveals flawed political strategy. It courts backlash, in the form of higher minority turnout. And it will make it harder to repair relations with the affected groups when demographic reality takes hold and the GOP needs their votes.
If the Supreme Court decides to rule on the merits of voter ID laws, let’s hope it acts with more dispatch than it did on poll taxes. The taxes were declared constitutional in 1937. It was not until 1966, two years after the 24th Amendment banning them in federal elections, that the high court ruled them unconstitutional in all elections. We don’t need 29 years to know that voter suppression is wrong.
By: Jill Lawrence, The National Memo, October 16, 2014