“We Need More Voting, Not Less”: Republicans Are Gaming The Electoral System By Suppressing The Vote
For decades, we in America have lamented our voter turnout. There has been widespread concern about not only the 60 percent participation in presidential elections, but the drop-off to about 40 percent in off years and the miserable turnout for local elections and primaries that often doesn’t reach 20 percent. So why do Republicans in key states seem intent on preventing certain citizens from voting?
The critics of our system cite European countries that continuously have turnout numbers between 70 percent and 80 percent. (Austria, Sweden and Italy usually hit the 80 percent mark.) They point to how hard we make it for citizens to register, the problem with requiring additional documents at polling places and the recent passage of laws to combat so-called “voter fraud.”
We can go one of two directions in this country: We can make voting easier or we can make it harder. It is difficult to understand why some Republicans desire to make it harder. It is even more difficult to understand their desire to stop African-Americans, Hispanics and young people from voting, unless, of course, you take the view that Republicans have cynically decided to suppress the vote of these more Democratic-leaning groups.
The New York Times editorial board today pointed to those who are trying to make voting easier and those who are trying to make it harder. It cited six states that have recently created online registration systems and four that have either allowed voters under 18 to pre-register or put in place election day registration or expanded early voting.
Sadly, the Times also pointed to the 15 states that have passed new restrictions on voting that are mostly controlled by Republicans. 11 states have put in place restrictive voter ID laws, reduced time for early voting was passed in eight states, and some students are being prevented from voting where they reside for college.
According to he Times, 10 states have made it more difficult to even register to vote. A total of 34 states now have restrictive voter ID laws.
One of the most outrageous aspects of this movement by Republican operatives is that it is combating a problem that doesn’t exist. Voter fraud is not a serious problem in our elections, but preventing key groups of minorities, poor people and the young from exercising their constitutional rights certainly is becoming one.
We need to open up our electoral system, not close it. We need to have universal voter registration at 18. We need to have more early voting, not less, more vote by mail, not less, more consolidation of voting days, not less, and more use of technology to provide online registration. We need to explore weekend voting and also new ways to clean up voter lists and keep them current.
At the end of the day, it is time for Republicans to stop trying to game the system and win elections by denying citizens the right to vote. It will only come back to bite them – and bite them hard.
By: Peter Fenn, U. S. News and World Report, August 12, 2014
“A Plainly Visible Reality”: Proof That Voter Impersonation Almost Never Happens
An enduring Republican fantasy is that there are armies of fraudulent voters lurking in the baseboards of American life, waiting for the opportunity to crash the polls and undermine the electoral system. It’s never really been clear who these voters are or how their schemes work; perhaps they are illegal immigrants casting votes for amnesty, or poor people seeking handouts. Most Republican politicians know these criminals don’t actually exist, but they have found it useful to take advantage of the party base’s pervasive fear of outsiders, just as when they shot down immigration reform. In this case, they persuaded the base of the need for voter ID laws to ensure “ballot integrity,” knowing the real effect would be to reduce Democratic turnout.
Now a researcher has tried to quantify this supposed threat by documenting every known case of voter fraud since 2000 — specifically, the kind of impersonation that would be stopped by an ID requirement. (Note that this does not include ballot-box stuffing by officials, vote-buying or coercion: the kinds of fraud that would not be affected by an ID law.)
There have been more than 1 billion votes cast in local, state and federal elections over the last 14 years. Out of all of them, the researcher, Justin Levitt, a voting expert at the Loyola University Law School, found 31 cases of impersonation fraud. It’s hardly a surprise that the number is so low; as he writes in the Washington Post today, casting individual fake ballots “is a slow, clunky way to steal an election. Which is why it rarely happens.”
A look at some of the 31 cases shows how pathetic the fraudulent-voter threat really is. In May, Ben Hodzic was accused of voting in his brother’s name in the Catskill, N.Y., School District Board of Education election. In June 2011, Hazel Brionne Woodard of Tarrant County, Tex., allegedly arranged for her son to vote in the municipal runoff elections in the name of his father. In 2004, an unknown person signed the pollbook line as Rose-Mary McGee, of Albuquerque, N.M.
These conspiracies were the pretext for the voter ID laws that have now been passed in 34 states. And the arguments in many of those states have reached an absurdly high pitch. In Virginia, for example, Republicans are saying that the ID card required in their law has to be current; if you happen to let your driver’s license expire, you can’t vote, even though the photo on the card clearly demonstrates your identity. The state’s Democratic attorney general, Mark Herring, says that’s unconstitutional.
But neither the Constitution nor plainly visible reality is likely to halt the Republican crusade to keep certain people from participating in democracy. As the National Commission on Voting Rights documented in a new report, voting discrimination remains “a frequent and ongoing problem,” particularly in the South and Southwest, in part because of new barriers to voting thrown up by state legislators.
“It is difficult not to view these voting changes with a jaundiced eye,” the report says, “given the practical impediments they create and the minimal, if any, measurable legitimate benefit they offer.”
By: David Firestone, Taking Note, Editorial Page Editors Blog, The New York Times, August 6, 2014
“Voter ID’s Last Stand”: Let’s Finally Declare Laws What They Are – Racist On Purpose
This week, the US Department of Justice and the state of Texas started arguments in the first of what will be a summer-long dance between the two authorities over voting rights. There are three suits being tried in two districts over gerrymandering and Texas’s voter identification law – both of which are said to be racially motivated. In its filing, the DoJ describes the law as “exceed[ing] the requirements imposed by any other state” at the time that it passed. If the DoJ can prove the arguments in its filing, it won’t just defeat an unjust law: it could put the fiction of “voter fraud” to rest once and for all.
These battles, plus parallel cases proceeding in North Carolina, hinge on proving that the states acted with explicitly exclusionary intent toward minority voters – a higher standard was necessary prior to the Supreme Court’s gutting of Section 3 of the Voting Rights Act (VRA) back in January. Under Section 3, the DoJ had wide latitude to look at possible consequences of voting regulation before they were even passed – the “preclearance” provision. Ironically, because the states held to preclearance had histories of racial discrimination, some of the messier aspects of the laws’ current intentions escaped comment.
But meeting that higher standard of explicit exclusionary intent comes with the opportunity to show some of the many skeptical Americans the ugly racism behind Republican appeals to “fairness” and warnings about fraud. Progressives have tried, and mostly failed, to show the institutional racism underpinning the sordid history behind voter ID laws; that may have been too subtle. In courts in Texas and North Carolina, the DoJ will make the jump from accusations that laws have a racial impact to straight-up calling voter ID laws racist.
This ought to be interesting.
The DoJ filing in Texas lays it all out pretty clearly, putting the voter ID law in context of a concerted legislative strategy to deny representation to the state’s growing Hispanic population, including Republicans advancing more and more aggressive voter ID bills over the years. The filing points to the anti-immigrant rhetoric that laced the floor debates over the law, and to the measures taken by the Republican-controlled state house to limit the participation of Democratic minority lawmakers in considering or amending the legislation (the bill was heard in front of a special committee selected by the governor, on an expedited schedule). And, the DoJ notes, lawmakers produced “virtually no evidence during or after enactment of SB 14 that in-person voter impersonation – the only form of election fraud addressed by the identification requirements of SB 14 – was a serious problem.”
Perhaps the most significant piece of context in the voter ID suit is how Texas’s voter ID law came on the heels of the redistricting that the DoJ claims was also racially motivated. In the redistricting cases, DoJ’s allegations of malicious intent have been helped along by the admission of the state that it had malicious political intent. The Texas attorney general, Greg Abbott, chose as his defense in that case what only can be called the Lesser Evil Strategy – stating up front that the state’s GOP legislators had ulterior motives, but not the ones that the VRA outlaws:
[R]edistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats … [They] were motivated by partisan rather than racial considerations and the plaintiffs and DOJ have zero evidence to prove the contrary.
Abbott’s smugness – and his apparent faith in partisanship as a permissible and distinct form of discrimination – will take center stage as the DoJ presses on with both suits. In court, Abbott will be asked to prove his ignorance of demographics for the very state in which he is currently running for governor. Out of court, other GOP defenders of the law will have to do more or less the same. And they will need to defend the outrageous details of the law – such has how a concealed carry permit is a permissible form of voter ID but a federally-issued Medicare card carried by an elderly woman is not.
Some people of Texas may support the kind of bullying Abbott has prepared to defend, and most progressive activists are hardened to it, but I think average Americans hate it. Putting malice under a national spotlight might be the best way to turn people against voter ID laws in general.
Right now, Americans support the idea of voter ID laws by huge margins: polls show favorable attitudes toward a generic “ID requirement” to be between 70 and 80%. Approval exists across all demographic groups – even among black voters (51%), one of the groups that is, of course, disproportionately disenfranchised by these laws.
But the reasons that the public supports such laws aren’t the same as the GOP’s reasons for pursuing them: Republicans want to prevent specific types of people from voting; the American public wants voting to be fair. That’s why conservatives have had to hammer so hard on the false narrative of “voter fraud” – to convince everyone that it’s what the laws are really about.
Add context to the “ID requirement” poll question that Americans get behind, though, and public support changes dramatically. A survey in North Carolina (taken as the state was considering taking up an amendment on the issue) found initial support for voter ID to be 71%. Pollsters then drilled further down and came up with numbers that speak to a truly democratic impulse:
- 72% say it’s wrong to pass laws that make it harder for certain people to vote.
- 62% say they oppose a law that makes it harder for people of one party to vote.
- 74% say there should be demonstrated problems before legislators apply a fix.
If nothing else, these results suggests that Abbott’s argument that supposedly party-based redistricting isn’t the free pass – at least, from the public’s standpoint, if not the court’s – that he thinks it is.
In North Carolina, pollsters found that support for the law decreased as the 2012 election neared and voters started to pay attention and become educated on the issue. Voting rights advocates filled yet another suit based on disenfranchising young voters, which could make a further difference. (Way to keep pissing off millennials, GOP!)
That context effect is true nationwide. A different survey found that informing respondents that “Opponents of voters ID laws argue they can actually prevent people who are eligible to vote from voting” brought support for voter ID down by 12 points.
Pollsters have not publicly investigated whether Texan voters would show a similar shift, though it could be significant that support in the state for voter ID has remained at around 66% for the past two years, less than its support nationwide. Of course, 77% of Texas believe “voter ID laws are mainly used to prevent fraud,” an alternate-reality bubble that attention to these cases may just yet pop.
It’s the Department of Justice that’ll have to bring this to pass. The GOP has always easily waved away “systemic” racism charges, like those made under the non-gutted VRA, as either outright inventions or the result of looking for equal outcomes rather than equal opportunities. Making clear the racist intent of voter ID laws will bring the discussion back to where it belongs: on equal opportunities, in the voting booth.
By: Ana Marie Cox, The Guardian, July 16, 2014
“It’s Not That Mythical Democrat”: Republicans Finally Have A Poster Boy For Voter Fraud, But Scott Walker Won’t Like It
For years, Wisconsin Republicans have warned that voter fraud is a scourge that threatens the very survival of democracy in their state.
“I’ve always thought in this state, close elections, presidential elections, it means you probably have to win with at least 53 percent of the vote to account for fraud. One or two points, potentially,” Governor Scott Walker has said.
“I’m always concerned about voter fraud, you know, being from Kenosha, and quite frankly having lived through seeing some of it happen,” Republican National Committee chairman Reince Priebus insisted. “Certainly in Milwaukee we have seen some of it, and I think it’s been documented. Any notion that’s not the case, it certainly is in Wisconsin. I’m always concerned about it, which is why I think we need to do a point or two better than where we think we need to be, to overcome it.”
Voting rights advocates have always responded that there is no actual evidence of widespread voter fraud in the Badger State. In April, a U.S. district judge agreed, ruling that the state’s voter ID law was unconstitutional after “the evidence at trial established that virtually no voter impersonation occurs in Wisconsin,” and the state “could not point to a single instance of known voter impersonation occurring in Wisconsin at any time in the recent past”.
That all changed on Friday, when Robert Monroe was charged with 13 felonies related to his having voted 12 times in five elections between 2011 and 2012. Monroe, an insurance executive from Shorewood, Wisconsin, allegedly voted repeatedly using his own name, as well as his son’s name, and that of his girlfriend’s son.
“During 2011 and 2012, the defendant, Robert Monroe, became especially focused upon political issues and causes, including especially the recall elections,” the complaint asserts in its introduction.
WisPolitics.com reported the investigation into Monroe’s multiple voting last week after Milwaukee County Judge J.D. Watts ordered the records related to a secret John Doe investigation be made public after the investigation was closed.
According to those records, Monroe was considered by investigators to be the most prolific multiple voter in memory. He was a supporter of Gov. Scott Walker and state Sen. Alberta Darling, both Republicans, and allegedly cast five ballots in the June 2012 election in which Walker survived a recall challenge.
According to the John Doe records, Monroe claimed to have a form of temporary amnesia and did not recall the election day events when confronted by investigators.
That’s right: Wisconsin Republicans like Scott Walker found a perfect poster boy for the in-person voter fraud against which they’ve always warned. But it isn’t the mythical Milwaukee Democrat trading “smokes-for-votes,” to use Priebus’ colorful description. It’s a self-diagnosed amnesiac who broke the law to repeatedly vote for Scott Walker.
And to add insult to injury, the case only went public as a result of Walker’s career-threatening John Doe scandal.
To be clear, Monroe’s apparent fraud is not a valid pretext for enacting the GOP’s nearly nationwide campaign to make it harder to vote. Even taking this one supposed amnesiac’s alleged crimes into account, voter fraud is still practically nonexistent (for example, a typical American is about 34 times more likely to be killed by a lightning strike than to be caught committing in-person voter fraud). But, if Wisconsin Republicans have any shame, it should at least cause them to pipe down about Democrats stealing elections for a little while.
In other words, Reince Priebus is probably coming soon to a cable news show near you.
By: Henry Decker, The National Memo, June 24, 2014
“Scaring Away Black Voters In Mississippi”: Misinformation Is Already Circulating As To The Details Of The Law Voters Must Follow
Several right-wing groups have banded together to form a “voter integrity project’ in response to the news that Senator Thad Cochran is courting black Democratic voters in his runoff with the Tea partier Chris McDaniel.
The Senate Conservatives Fund, Freedom Works and the Tea Party Patriots, all political action committees, will “deploy observers in areas where Mr. Cochran is recruiting Democrats,” according to a Times article. Ken Cuccinelli, the president of the Senate Conservative Funds, said these observers would be trained to see “whether the law is being followed.”
Does anything think this “project” will actually encourage voter “integrity” as opposed to voter suppression? Misinformation is already circulating as to the details of the law that voters must follow.
As The Times noted, anyone can vote in a Republican runoff if he or she did not vote in the Democratic primary. Conversely, anyone who did participate in the Democratic primary may not vote in the Republican runoff.
But J. Christian Adams, a former lawyer for the Department of Justice known for pushing a voter intimidation case against the New Black Panther Party, told Breitbart, the conservative news site, that the rules are actually much stricter. In an email to the conservative news site he said that “if someone doesn’t intend to support the nominee in November, then that person isn’t allowed to vote in the Republican primary.”
In other words, a voter’s future intentions matter as much as their past actions.
To support Mr. Adams’s position, Breitbart cited a 2007 decision by U.S. District Judge W. Allen Pepper, which appears to indicate that Republican Party representatives may seek to discover whom voters intend to support in the fall, and potentially challenge their right to cast a ballot on those grounds.
The Supreme Court determined in a 2005 case that the First Amendment ‘protects the right of political parties to associate with fellow members and disassociate with non-members,’ Judge Pepper wrote in his opinion. So technically it’s the party’s responsibility—i.e., in this case, state GOP chairman Joe Nosef’s responsibility—to protect GOP voters’ First Amendment rights by working to keep Democrats from voting in the GOP primary runoff.”
The thing is, Breitbart left out a key detail. As Rick Hasen pointed out on his Election Law Blog, the 2007 district court decision “was reversed and remanded” a year later. The upshot is that “poll workers may not challenge a voter, despite that voters past history of voting for Democrats unless the voter comes in and ‘openly declares that he or she does not intend to support the nominees of the party.’”
The plan to send “election observers” will, in itself, sound familiar to anyone who knows the history of voter intimidation in the South. The particular danger here is that even well-intentioned observers, primed for a flood of black Democrats and confused on the details of Mississippi law, will think it’s acceptable or even expected to take aside black voters and pepper them with questions.
By: Juliet Lapidos, Editors Blog, The New York Times, June 23, 2014