“An Important Voting Rights Victory”: Ohio Early Voting Cuts Violate The Voting Rights Act
Ohio keeps trying to cut early voting and the federal courts keep striking the cuts down.
Last year, Ohio’s Republican-controlled legislature cut a week of early voting and eliminated the “Golden Week” when voters can register and vote on the same day during the early voting period. GOP Secretary of State Jon Husted also issued a directive prohibiting early voting on the two days before the election, and on weekends and nights in the preceding weeks—the times when it’s most convenient to vote.
Today a federal court in Ohio issued a preliminary injunction against the early voting cuts, which it said violated the Equal Protection Clause of the Fourteenth Amendment and Section 2 of the Voting Rights Act, ordering Ohio to restore early voting opportunities before the midterms. “African Americans in Ohio are more likely than other groups to utilize [early] voting in general and to rely on evening and Sunday voting hours,” wrote District Court Judge Peter Economus, a Clinton appointee. As a consequence, the early voting cuts “result in fewer voting opportunities for African Americans.”
The lawsuit was brought by the ACLU and the Ohio NAACP. In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP. Overall, 600,000 Ohioans, 10 percent of the electorate, voted early in 2012.
Blacks in Ohio were far more likely than whites to vote early in 2008 and 2012. “In the November 2008 election in [Cleveland’s] Cuyahoga County, African-Americans voted early in person at a rate over twenty times greater than white voters,” according to the Lawyers’ Committee for Civil Rights. In cities like Cincinnati, Columbus and Dayton blacks voted early in numbers far exceeding their percentage of the population.
There’s an important backstory here. Early voting became a critical reform in Ohio after the disastrous 2004 election. Once Democrats and minority groups began using it in large numbers, Republicans repeatedly tried to curb early voting. As I’ve previously reported:
In 2004, Ohio had the longest lines in the country on Election Day, with some voters—particularly in large urban areas—waiting as long as seven hours to vote. A DNC survey estimated that 174,000 Ohioans—3 percent of the state’s electorate—left without voting. George W. Bush won the state by just 118,000 votes.
In response to the long lines, Ohio adopted thirty-five days of early voting in 2008, including on nights and weekends. But following the large Democratic turnout in 2008, Ohio Republicans drastically curtailed early voting in 2012 from thirty-five to eleven days, with no voting on the Sunday before the election, when African-American churches historically rally their congregants to go to the polls. Voting rights activists subsequently gathered enough signatures to block the new voting restrictions and force a referendum on Election Day. In reaction, Ohio Republicans repealed their own bill in the state legislature, but kept a ban on early voting three days before Election Day (when 98,000 Ohioans voted in 2008), adding an exception for active duty members of the military, who tend to lean Republican.
These cuts disproportionately impacted black voters, who made up a majority of early voters in large urban areas like Cleveland’s Cuyahoga County and Dayton’s Montgomery County in 2008. Ohio Republicans brazenly tried to cut early voting hours in Democratic counties while expanding them in Republican ones. GOP leaders admitted the cuts in Democratic counties were motivated by racial politics. “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban—read African-American—voter-turnout machine,” said Doug Preisse, the GOP chair in Columbus’s Franklin County.
These voter suppression efforts backfired in 2012. The Obama campaign successfully sued to reinstate early voting on the three days before Election Day (although Secretary of State Jon Husted limited the hours) and the overall share of the black electorate increased from 11 percent in 2008 to 15 percent in 2012.
Despite the public and legal backlash, Ohio Republicans pressed ahead with early voting cuts in 2013. Now they’ve lost in court, again. (Some Ohio Republicans are also trying to pass a new voter ID law. Nine hundred thousand Ohioans, including one in four African-Americans, don’t have a government-issued ID).
Judge Economus’s ruling could have broad significance. Ohio is once again a critical swing state in 2014, with competitive races for governor and secretary of state.
More broadly, the courts are split over how to interpret the remaining provisions of the Voting Rights Act in the wake of the Supreme Court’s gutting a key part of the law last June. This is the first time a court has struck down limits on early voting under Section 2 of the VRA. A Bush-appointed judge recently denied a preliminary injunction to block North Carolina’s cuts to early voting and the elimination of same-day registration, a lawsuit similar to the one in Ohio. A Wisconsin judged blocked the state’s voter ID law under Section 2, while a similar trial is currently underway in Texas.
As Rick Hasen points out, we still don’t know if the courts will consistently stop new vote denial efforts like voter ID and cuts to early voting. And the Roberts Court could very well overturn any good precedents in the lower courts.
The Ohio ruling is an important voting rights victory. But it won’t be the last word.
By: Ari Berman, The Nation, September 4, 2014
“When Democracy Works”: The GOP’s Fear Of Higher Voter Turnout
It is rare for a politician to publicly deride efforts to boost voter turnout. It is seen as a taboo in a country that prides itself on its democratic ideals. Yet, New Jersey governor Chris Christie last week slammed efforts to simplify voter registration.
Referring to Illinois joining other states — including many Republican-led ones — in passing a same-day voter registration law, Christie said: “Same-day registration all of a sudden this year comes to Illinois. Shocking. It’s shocking. I’m sure it was all based on public policy, good public policy to get same-day registration here in Illinois just this year, when the governor is in the toilet and needs as much help as he can get.”
Christie was campaigning for Illinois GOP gubernatorial candidate Bruce Rauner, who is challenging Democratic incumbent governor Pat Quinn, who signed the same-day registration bill into law in July.
Christie, who chairs the Republican Governors Association, denounced the effort to boost voter turnout as an underhanded Democratic tactic, despite the Illinois State Board of Elections being composed equally of Democrats and Republicans. Referring to the same-day voter initiative, Christie said Quinn “will try every trick in the book,” according to the Chicago Sun-Times. Christie said the program is designed to be a major “obstacle” for the GOP’s gubernatorial candidates.
The trouble with such rhetoric — beyond its anti-democratic themes — is its absurd assertions about partisan motives. After all, many of the 11 states with same-day registration laws currently have Republican governors.
In reality, same-day registration is all about turnout, not partisanship. According to data compiled by the think tank Demos, average voter turnout is more than 10 percent higher in states that allow citizens to register on the same day they vote. Demos also notes that “four of the top five states for voter turnout in the 2012 presidential election all offered same-day registration.” There was some evidence in Wisconsin that same-day registration boosted Democratic turnout, but the Wisconsin State Journal of Madison reports that “Republican areas also saw heavy use of the state’s last-minute registration law.” The registration system been also been adopted by such deeply Republican states as Wyoming, Idaho and Utah.
Unlike Christie, most Republicans who have fought voter turnout efforts like same-day registration have argued that same-day registration would increase voter fraud. This has allowed the GOP to position itself as battling crime — not as trying to block legal voters. But the GOP has been unable to substantiate that voter-fraud claim, and there is overwhelming evidence to the contrary.
Demos, for example, surveyed data from six states with same-day registration and found that “there has been very little voter fraud in [same-day registration] states over the past several election cycles.” In GOP-dominated North Dakota — which requires no voter registration at all — Secretary of State Alvin Jaeger, a Republican, reported that “voter fraud has not been widespread in North Dakota” and that there have been “very few known incidents of voter fraud” in the state.
Those findings confirm a recent analysis of primary, general, special and municipal elections by Loyola University professor Justin Levitt. He found that since 2000, more than a billion ballots have been cast in the United States and there have been just 31 credible incidents of voter fraud.
In light of that data, Republican efforts to prevent same-day registration and preclude voting betray a fear that has nothing to do with voter fraud and everything to do with political power. Essentially, the GOP fears that when more Americans exercise their basic democratic rights, Republicans may have less chance of winning elections.
By: David Sirota, Senior Writer, International Business Times; The National Memo, September 5, 2014
“The Wrong Kind Of People Voting”: Why Voter ID Laws Pose Long Term Danger To GOP
A trial begins today in a federal courtroom in Texas to determine the constitutionality of the state’s voter identification law, which is widely acknowledged to be the most restrictive in the nation. It has gone through a number of twists and turns: Passed in 2011, it was struck down in federal court in 2012 as a violation of the Voting Rights Act. Then in 2013 the Supreme Court gutted the VRA. Now the law faces a new trial based on a different VRA section.
In the end, the Republicans who passed this law may prevail, particularly since the only racial discrimination the conservative majority on the Supreme Court apparently finds troubling is the kind that might affect a white person somewhere. But Republicans may have underestimated just how much damage they continue to do to their party’s image by trying, anywhere and everywhere, to make it as hard as possible for the wrong people to vote.
True, voter ID is not at the forefront of the national debate. Majorities do tell pollsters that you should have to show ID to vote, since it has a certain intuitive appeal. But when the subject is actually debated and discussed in the news, it drives people away from the GOP — and not just any people, but precisely the people the party wants so desperately to improve among to stay competitive in national elections.
First, some background. While there is a certain amount of voter fraud in American elections, almost all of it happens through absentee ballots. The only kind of fraud prevented by voter ID laws is in-person voter impersonation, which is incredibly rare. As Zachary Roth has detailed, when Greg Abbott became the state’s attorney general, he vowed a crusade against the “epidemic” of voter fraud in the state. How many cases did he find that would have been stopped by the ID law? Two. Meanwhile, according to the state’s own figures, almost 800,000 Texans lack the appropriate state-issued ID to vote.
The best you can say about the Texas law and others like it is that the motivation for them isn’t so much old-style racism as naked partisanship. The problem today’s Republicans have with black people voting isn’t the fact that they’re black, it’s the fact that they’re Democrats. Republicans also want to make it hard for Latinos to vote, and young people, and urban dwellers who don’t drive. When they wrote into the Texas law that a student ID from a state university wouldn’t count as identification but a concealed carry gun permit would, they made it quite clear that the point was to discriminate on the basis of your likelihood to vote Democratic. These laws often are accompanied by measures doing things like restricting early voting, particularly on Sundays when many black churches conduct voting drives.
So let’s dispense with the laughable notion that the reason many Republican-controlled states have passed a voter ID law is nothing more than deep concern for the integrity of the ballot. With the exception of the claim that laws mandating absurd restrictions on abortion providers are really just about protecting women’s health, there is probably no more disingenuous argument made in politics today. Yes, Democrats who oppose these laws are also thinking about their party’s political fortunes. But one side wants to make it easy for people to vote, and one side is trying to make it harder.
The success of voter ID laws in suppressing votes has been mixed. Some studies have found little or no impact on turnout, while others have shown significant declines in it. Where the laws fail to achieve their goal of suppressing votes, it’s probably because Democrats often undertake substantial effort to counteract them by registering people and helping them acquire the proper identification.
In any case, this law and others like it may well end up surviving. While this year courts have struck down voter ID laws in Pennsylvania and Wisconsin, the laws are likely to get a friendly hearing from the conservatives on the Supreme Court, which first upheld a voter ID law in 2008. And for Republicans, the calculation seems straightforward enough. They know that the groups with whom they’re strongest, like older white voters, homeowners, rural voters, married voters, and so on, are the ones most likely to have driver’s licenses and therefore not find an ID law to be a hindrance. Make voting an extra hassle for the wrong kind of voters, and you may get a few thousand, or a few hundred thousand, to stay home — making the difference in a close election.
But for a party that is struggling to appeal to precisely those demographic groups targeted by voter ID laws, such short-term gains risk getting swamped by long-term damage to its image. The voter ID debate reinforces everything the GOP doesn’t want people to think about it: that it’s the party of old white people, that it has contempt for minorities, that it knows nothing about the lifestyles and concerns of young people (who are far less likely than their parents were to get driver’s licenses), and that it will do virtually anything to win. You can’t spend a bunch of energy doing something that will make it harder for, for instance, Latinos to cast ballots, then turn around and say, “By the way, if you manage to make it past all these obstacles we’ve put in your path, we’d really like your vote.” But so far, few in the GOP seem to understand that.
By: Paul Waldman, Contributing Editor, The American Prospect; The Plum Line, The Washington Post, September 2, 2014
“The Power Of The Franchise”: Voting Still Matters When It Comes To Political Clout
More than a half-century after brave protesters marched and bled and died to demand the right to vote for black citizens, the ballot box remains a potent weapon for civic and political change — a radical undertaking that can shake up social systems and correct inequities and injustices. If there is any good news in the untimely death of Michael Brown, it’s that the black residents of Ferguson, Missouri, have been reminded of the power of the franchise.
As protests have ebbed and activists have sought solutions to police brutality, they’ve started to register Ferguson’s underrepresented black citizens to vote. That won’t solve every problem, nor will it produce instant results, but it’s certainly one obvious avenue toward social change.
It took tragedy and weeks of unrest — the unarmed Brown, a black teenager, was killed by a white police officer on August 9 — to awaken a sense of urgency. Even as the two elections of President Obama proved, once again, the persuasiveness of the ballot, many Americans, especially those in historically oppressed ethnic groups, failed to appreciate its power in state and local affairs.
As the demographics of Ferguson have changed over the last 10 to 20 years, its newer residents have not exercised their political clout. The city was about 80 percent white in 1980, but its white population was down to less than 33 percent by 2010, according to the U.S. Census. You wouldn’t know that from looking at its local leaders.
The city council of six has just one black member; the school board comprises six whites and one Latino. Of the 53 sworn police officers on the force, just three are black. That helps explain a law enforcement agency that shows disrespect and hostility toward its black citizens.
There is a danger, of course, in exaggerating the power of politicians to change the habits formed from centuries of racial injustice or to correct systemic inequities that remain stubbornly entrenched. Obama, indeed, is a case in point. He has attracted a noisy, if tiny, group of black detractors who regularly denounce him for failing to appreciably roll back the racism that has haunted black America for generations.
He has been criticized for failing to adopt a “black agenda” that would employ black Americans and close the gap between white and black earning power. He has been excoriated for occasionally reminding black audiences that hard work and responsible conduct engender success, even as racism remains a cultural force. He has even been castigated for failing to speak out more forcefully against police misconduct in Ferguson.
It’s understandable that there’s a degree of frustration and disappointment that Obama’s election hasn’t done more to mitigate historic forces. After his election in 2008, it seemed that barriers to black success would fall rapidly. Instead, there remains a significant gap in most measures of economic well-being, starting with the unemployment rate. While about 6.6 percent of whites are currently unemployed, about 12.6 percent of blacks are jobless.
That gap hasn’t changed in 50 years, and educational attainment doesn’t alter it appreciably. While the unemployment rate is lower for black college grads than for blacks with high school diplomas, there is still more joblessness among blacks with college degrees than among whites with similar educations.
There’s not much Obama, or any president, can do to change that. Still, elections matter because politicians can encourage progress in any number of ways, large and small. The Affordable Care Act — or Obamacare — is just one example of that. While its provisions apply to all Americans, it affects blacks disproportionately because they are less likely to be able to afford policies without it.
If the vote didn’t matter, Republicans would not have worked so hard over the last decade to block the franchise. They’ve pushed through voter ID laws, cut back early voting and purged voter rolls — all in an effort to block a few voters of color, a cohort that tends to vote for Democrats. That’s testimony to the enduring power of the vote, a power that Ferguson’s black citizens should put to good use.
By: Cynthia Tucker, The National Memo, August 30, 2014
“Women’s Equality Day”: The Vote — A Right Worth Fighting For
Today, August 26, marks Women’s Equality Day. It is also a little more than two months from the 2014 midterm elections. In my mind, these two things are inextricably linked.
Some of you may be asking, “What is Women’s Equality Day?” That’s a pretty easy question to answer. Every year since 1971, the President of the United States marks August 26 in commemoration of the day in 1920 that the 19th amendment to the U.S. Constitution — granting women equal voting rights — was certified into law.
Women fought long and hard for the right to vote. In 1848, the document produced by the Seneca Falls Convention was the first formal demand for women’s suffrage. During World War I, suffragists picketed the White House — possibly the first “cause” to do so. Many were arrested and participated in a hunger strike while in prison, leading to force feedings.
But not all women obtained access to the ballot box when the 19th amendment entered the law books. In the southern United States, Jim Crow laws kept most black women and men from voting. It wasn’t until passage of the Voting Rights Act in 1965 that the right to vote was extended to all adult citizens.
Sadly, the clock is turning back on voting rights. In 2013, the U.S. Supreme Court eviscerated Section 5 of the Voting Rights Act, relieving dozens of state and local jurisdictions from having to pre-clear changes in their voting laws with the U.S. Department of Justice. They have wasted no time erecting new barriers against voting. In state after state, GOP-dominated legislatures have enacted new rules aimed at suppressing the votes of specific types of people: younger voters, immigrant citizens, voters of color and unmarried women.
The specific voter suppression laws vary from state to state. The most restrictive states require voters to present a government issued photo ID (a driver’s license, a passport, military ID, etc.); currently, 34 states have voter ID laws, and 15 of those states require photo ID.
The voter-suppression crowd argues that requiring a photo ID for voting is not onerous. It’s just a driver’s license, and you have to have that to drive, or get on a plane, or buy alcohol. Besides, they say, we need photo IDs to prevent voter fraud.
Here’s why that’s all wrong: (1) Voter fraud is all but non-existent in the U.S., and photo ID doesn’t address the very few instances that have been found. (2) Just a reminder for anyone who wasn’t paying attention in middle school, voting is not like driving, buying alcohol or traveling by plane. Voting is a constitutional right and essential to the democratic process. (3) The notion that a photo ID is simply something everyone has presumes all eligible voters have the right paperwork (or the money to get the right paperwork, like a birth certificate), transportation to get to their local DMV, and the ability to take time off work to make the trip.
So, if there is no real voter fraud to worry about, what’s the real goal of voter suppression measures? Well, it turns out that the majority of voting-eligible people in the U.S. disagree with the right wing’s anti-woman, anti-social justice, anti-union agenda. Seven in ten Americans support Roe v. Wade, the 1973 U.S. Supreme Court decision legalizing abortion. A majority support labor unions, raising the minimum wage, and equal pay for equal work. And 62-63 percent support comprehensive immigration reform with a clear path to citizenship.
The reality is, if enough voters actually turn out for this November’s elections, we could elect candidates who support our issues and turn our country around. Does anyone doubt that the folks trying to suppress our votes are hearing footsteps?
I’ve always been proud of NOW’s position as the grassroots arm of the women’s movement. Our activists and members throughout the country are already doing the hard work on the ground — knocking on doors, making calls, educating and mobilizing voters — to get the word out about how high the stakes are this year. Want to get in on the action? Join me and take NOW’s pledge to vote on November 4th.
The right to vote is precious. Our feminist foremothers were beaten, arrested, went on hunger strikes and endured force-feeding for that right. Our sisters and brothers in the civil rights movement were beaten, jailed and murdered for registering Black voters. This year, let’s honor our proud history by voting in such large numbers that even the most dishonest, most cowardly suppression efforts can’t stop us!
By: Terry O’Neil, President, National Organization for Women; The Huffington Post Blog, August 26, 2014
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