“Just So We’re Clear”: Our Failure to Stop You from Voting Means We Weren’t Trying to Stop You from Voting
North Carolina recently passed what can only be described as an omnibus voter suppression law, including a whole range of provisions from demanding photo IDs to cutting back early voting to restricting registration drives, every single one of which is likely to make it harder for minorities, poor people, and/or young people to register and vote. It’s not just the Tar Heel state—across the South, states that have been freed by the Supreme Court from their prior obligation under the Voting Rights Act to get permission from the Justice Department before changing their voting laws are moving with all deliberate speed to make voting as difficult as possible. Since these are Republican states, these laws are going to pass (some have already), and I think it’s worth addressing what is fast becoming the main argument Republicans use to defend them.
They’ve always said that their only intent was to ensure the “integrity” of elections and protect against voter impersonation, a virtually nonexistent problem. But they recently realized that they’ve got a new, and seemingly compelling, piece of evidence they can muster against charges of voter suppression. Many voter-ID laws were passed over the last few years (the Supreme Court upheld voter ID in 2008), and as Republicans will tell you (see for example here or here), turnout among blacks hasn’t declined, and in some cases has gone up. Blacks even turned out at a slightly higher rate than whites overall in the 2012 election. As Rand Paul recently said, “I don’t think there is objective evidence that we’re precluding African-Americans from voting any longer.”
So what’s wrong with this argument? The voter suppression efforts have been largely unsuccessful because civil rights groups and Democrats have responded to them by redoubling their efforts to get people to the polls. The backlash has essentially brought turnout among African Americans back up to what it would have been without the voter-ID laws, even though in practice, it meant that some people who would have otherwise voted were prevented from doing so, while other people who might have stayed home managed to get to the polls.
So what Republicans are essentially saying is, we’re trying to suppress the votes of black people, but we aren’t succeeding, so how can you criticize us? It’s like me slashing your tires on Saturday, then when you go out and buy four new ones and get them installed in time for Monday morning, I say, “You got to work on time, didn’t you? So that just shows I wasn’t trying to do you any harm.”
The “voter fraud” rationale has been incredibly disingenuous from the beginning, but for me the real tell is the limitations on early voting that often end up being part of these laws. You can argue that everyone should have to prove who they are before casting a ballot. But restricting early voting can have only one purpose, and that’s making it more difficult for people to vote, especially those who happen to take advantage of early voting. And who might that be? You’ll never guess. The Republicans pushing these laws always make sure to eliminate early voting on the Sunday before election day, because that’s when many black churches have historically done “souls to the polls” drives, where people head to the voting locations after church.
So the next time you hear someone say that high turnout among African Americans proves that voter ID isn’t about suppressing votes, remember that they’re trying to use their failure to successfully keep black, poor, and young people from voting to explain away their obvious intent to keep black, poor, and young people from voting. If you put obstacles in my path to screw me, and then I manage with an extraordinary effort to evade them, it doesn’t mean you weren’t trying to screw me in the first place.
By: Paul Waldman, Contributing Editor, The American Prospect, August 15, 2013
“We Only Discriminate For Partisan Reasons”: Texas Struggles To Defend Discriminatory Voting Policies
It’s been about three weeks since the Justice Department, relying on what’s left of the Voting Rights Act, went after voter-discrimination policies in Texas. The U.S. Supreme Court may have severely damaged the VRA, but the Justice Department nevertheless argued that when “intentional voting discrimination” is found, changes to voting rights cannot be permitted to continue.
This week, as Adam Serwer reported, Texas submitted a brief presenting their defense.
Texas didn’t discriminate against minority voters. It was only because they were Democrats. And even if it did, the racial discrimination Texas engaged in is nowhere near as bad as the stuff that happened in the 1960s.
These are some of the arguments the state of Texas is making in an attempt to stave off federal supervision of its election laws. In late July, citing the state’s recent history of discrimination, the Justice Department asked a federal court to place the entire state back under “preclearance.” That means the state would have to submit its election law changes in advance to the Justice Department, which would ensure Texas wasn’t disenfranchising voters on the basis of race.
The arguments from Gov. Rick Perry’s (R) administration are pretty amazing, especially considering federal courts already found Texas’ election policies discriminatory as recently as two years ago, before the Supreme Court intervened.
As Kevin Drum explained, Texas’ first argument, as pushed by state Attorney General Greg Abbott, “is that, sure, Texas has tried to discriminate as recently as 2011, but their efforts were overturned by a court. So that means there are no current violations, and thus no reason to grant any kind of ‘equitable relief.'”
The second argument is the half-glass-full tack. As Serwer put it, “[T]he state claims, even if Texas did discriminate, and the state stresses that it did not, it was nothing as bad as ‘the ‘pervasive,’ ‘flagrant,’ ‘widespread,’ and ‘rampant’ discrimination that originally justified preclearance in 1965.’ So as long as Texas skies aren’t alight with flames from burning crosses, what’s the big whoop?”
But it’s the third argument that’s truly amazing.
From the brief filed by the state:
DOJ’s accusations of racial discrimination are baseless. In 2011, both houses of the Texas Legislature were controlled by large Republican majorities, and their redistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats….The redistricting decisions of which DOJ complains were motivated by partisan rather than racial considerations, and the plaintiffs and DOJ have zero evidence to prove the contrary.
Got that? Texas wasn’t trying to discriminate against racial and ethnic minorities; Texas was simply trying to discriminate against racial and ethnic minorities who vote for Democrats.
In other words, Texas’ defense is that state policymakers were trying to crush the Democratic vote, and this led to inadvertent discrimination against African Americans and Latinos. As such, the argument goes, Texas was motivated by crass partisanship, and not racism, so the discrimination doesn’t really count.
Any chance this might be persuasive in court? Brenda Wright, a voting law expert with the liberal think tank Demos, told Serwer, “I don’t think it’s going to work, frankly. The mere desire to achieve partisan advantage does not give Texas a free hand to engage in racial discrimination. If the only way you can protect white incumbents is by diluting the voting strength of Hispanic citizens, you are engaging in intentional racial discrimination, and the courts will see that.”
By: Steve Benen, The Maddow Blog, August 13, 2013
“Suppressing The Vote”: For The GOP, “Integrity Of The Ballot” Is A Deceptive Myth
Now that the U.S. Supreme Court’s hyper-conservative faction has neutered the Voting Rights Act, Republican officials around the country have re-energized their campaign to block citizens of color from voting.
Florida Gov. Rick Scott surprised no one last week when he announced that he would resume a controversial and clearly partisan purge of the voting rolls, supposedly to clear them of non-citizens. Nor is there any shock in the decisions by officials in Texas, Alabama and Mississippi to proceed with harsh new voter ID laws.
While Republicans contend the new laws and purges are necessary to protect the integrity of the ballot, that stale defense no longer merits extensive debate. It’s obvious that GOP activists have but one purpose in changing laws that affect voting and registration: putting up obstacles that might suppress the franchise among voters who usually support Democrats.
Actually, a few have admitted as much. Last year, Republican Mike Turzai, House majority leader in the Pennsylvania legislature, bragged about the passage of a strict new voter ID law, claiming it would “allow Gov. Romney to win the state of Pennsylvania.” Though Romney lost Pennsylvania on his way to overall defeat, the state’s GOP chairman still said earlier this year that voter ID “probably helped a bit” in cutting President Obama’s margin of victory from 2008.
A similar admission came from Republican campaign consultant Scott Tranter when he spoke at a post-election analysis hosted last December by the Pew Center on the States. He dismissed the idea of bipartisan cooperation to eliminate the long lines and other dismal conditions that had plagued voting in many areas.
“… At the end of the day, a lot of us are campaign professionals and we want to do everything we can to help our sides. Sometimes we think that’s voter ID, sometimes we think that’s longer lines, whatever it may be,” Tranter said.
Not that you needed those admissions to know that the GOP-led campaign to “protect the integrity of the ballot” is phony, the 21st-century version of the poll tax. Remember when Alan Wilson, South Carolina’s Republican attorney general, claimed last year that hundreds of dead people had voted in his state?
Ah, never happened. As you might expect, zombies have little interest in electoral politics. State authorities investigated and found no — zip, zero, zilch — zombie voters there.
Wilson made his claims in defense of a strict new voter ID law, one of the GOP’s more popular methods for suppressing the franchise. Supposedly, the requirement for showing state-sponsored identification, such as a driver’s license, would prohibit not only the dead but also other unworthies who claim to be legitimate voters. There is just one problem with that theory: Voter impersonation is virtually non-existent.
But voter ID laws do serve the purpose for which they are actually intended. They pose an obstacle for thousands of elderly and poor Americans who lack driver’s licenses, most of whom tend to support Democrats.
Florida, where Scott is proceeding with his purge, is a particularly interesting case. According to Florida Democratic strategist Steve Schale, the state has gained 1.5 million registered voters since 2006. Of those, 61 percent are blacks or Latinos, both strong constituencies for the Democratic Party. It’s no wonder, then, that Florida Republicans have worked so hard to block the franchise among those voters.
You may have noticed, though, that voter suppression hasn’t helped the GOP win presidential elections in the last two cycles. Indeed, their tactics may have given Obama the winning edge in Florida in 2012: Black voters were so angered by obvious attempts to discourage them from voting that they turned out in huge numbers, enduring long lines.
Given that reality, some conservatives believe the GOP should give up its emphasis on blocking the ballot. As The New York Times‘ Ross Douthat has written: “the GOP is … sending a message to African-Americans that their suspicions about conservatism are basically correct, and that rather than actually doing outreach to blacks, the right would rather not have them vote at all.”
Indeed, there is no reason for black voters to believe anything else.
By: Cynthia Tucker, The National Memo, August 11, 2013
“We Already Know What We Need”: Why Haven’t We Fixed Our Crummy Voting System Yet?
“We gotta fix that,” the president said in his victory speech last November, following his reelection. The “that” in need of fixing was our broken and unequal election system. And we all agreed. There should be fixing. So why hasn’t there been any yet?
As you may recall, one subplot in the national telenovela that was the last presidential election involved the very purposeful attempted disenfranchisement, by Republican state legislators and officials, of certain key Democratic voters, which is to say poor and black people. This took many forms, from poorly drawn-up supposed lists of felons to be thrown off the voter rolls to the legal harassment of groups engaged in voter registration, but the most common tool was the voter ID law. On Election Day, while most black Americans managed to have their votes counted, the pictures told a distressing story across the country: In neighborhoods made up primarily of minorities, people waited hours to vote. In white neighborhoods the process was quick and easy.
There are plenty of working Americans who would lose their jobs if they spent hours of a weekday waiting in line to vote. They likely did not vote. This is a crummy way to run a national election.
The president’s solution was a commission. A bipartisan commission. The commission has a nice website. It seemed to not do anything at all for a few months but now they have held some public meetings. Eventually — this fall, I think? — the commission will deliver a report.
So the Democratic response, then, is a bipartisan commission that will release a report. Republicans at the state level, meanwhile, have been pretty busy getting things done to make voting more difficult. More restrictive voting laws have already gone into effect in multiple states. More laws are on the way in Wisconsin and North Carolina.
Here’s a neat tidbit: There already was a national bipartisan election commission. It was supposed to be a permanent one, established by the Help America Vote act, the Republican Party’s mostly useless response to the tremendous disaster that was the 2000 presidential election. It is called the Election Assistance Commission. There are supposed to be four members, appointed by both parties. What is this commission up to right now? Oh, you know, just being obstructed by Republicans who really hate voting. They refuse to nominate anyone. The House has voted to eliminate the commission.
The president’s plan seems to be to get electoral reform by creating a flawlessly bipartisan list of policies that barely have his fingerprint on them. That plan falls apart, though, when you remember that Republicans just don’t want voting to be easier, and they will not be convinced by Mitt Romney’s lawyer that it is in the party’s interest to make voting easier.
The House GOP is a nightmare, but a better approach would’ve probably involved horsetrading, rather than high-minded bipartisan appeals. Voter ID laws would be fine, actually, if the United States had a free and automatically issued national ID of some sort. We do not have such a thing, because I guess it makes some people frightened of tyranny? Still, that could’ve been part of a deal: One side accepts state voter ID laws, on the condition that acceptable state-issued ID is provided easily, and for free. There is already a long checklist of things reformers want fixed about our elections. Another commission is going to recommend things we already know we should be doing. We don’t need “innovation,” we need more access and fewer obstacles. There ought to be a commission on how to pass what we already know we need.
By: Alex Pareene, Salon, August 9, 2012
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