“Here’s To Kobach’s Defeat And Banishment”: America’s Worst Republican Could Soon Lose His Office
The Kansas Supreme Court ruled on Thursday that Democrat Chad Taylor could vacate his ballot spot in the Senate election, creating a two-man race between Republican Senator Pat Roberts and ex-Democrat-turned-Independent Greg Orman. That’s a victory for Kansas Democrats who believed that Orman has a much better chance of unseating Roberts than Taylor did, and it’s a setback for Kansas Secretary of State Kris Kobach, who tried to block Taylor from removing his name.
Kobach is running for re-election against Republican-turned-Democrat Jean Schodorf. Ordinarily, a race like this would be irrelevant in national politics, but Kobach is a crusader against illegal immigrants—and, by extension, most immigrants not of European extraction—and has used a minor state office to rewrite Kansas’s voting laws. He has long been associated with the Federation for American Immigration Reform (FAIR), an organization founded by a proponent of eugenics and population control and funded in part by the Pioneer Fund, an organization founded to promote “race betterment.” He is also quite effective, and even brilliant, at what he does.
Kobach, who is now 48, grew up in Topeka. He went to Harvard, where he studied under Samuel Huntington, who at the end of a long and glorious career, had become obsessed himself with the threat that immigrants from the south posed to American civilization. Kobach wrote a prize-winning senior thesis on the efforts during the apartheid era of South African business to evade the effects of sanctions. He got a law degree from Yale and returned to Kansas where he practiced law in Kansas City and taught law at the University of Missouri in Kansas City.
In 2001, he joined the Bush administration, first as a White House fellow and then as an aide to Attorney General John Ashcroft, where he helped devise the national security visa system that required Muslims and Middle Easterners to register and be finger-printed. (It was suspended in 2011 because it had proved both ineffective and discriminatory.) In 2003, he returned to Kansas City, where he ran for Congress against Democratic incumbent Dennis Moore. He called for keeping out illegal immigrants and making English America’s official language. He lost, but six years later ran for secretary of state on a platform of preventing immigrant voter fraud.
In the meantime, Kobach had become the senior counsel for FAIR’s legal arm, the Immigration Reform Law Institute. He remains today their senior counsel. With FAIR, Kobach helped write Arizona’s highly discriminatory immigration law, which required police to demand proof of citizenship from anyone they suspected of being in the country illegally and advised other states, including Alabama, that have passed similar legislation. He also filed suit to prevent Kansas, Nebraska, and California from offering in-state college tuition to the children of undocumented immigrants, and he has defended laws in Nebraska, Texas, and Pennsylvania that would make it illegal to rent to undocumented immigrants.
In his 2010 campaign for secretary of state, he promised to stamp out voter fraud. (Kobach has been able to come up with one case—from 1997—that involved fraud by an undocumented immigrant.) After Kobach was elected, he got the Kansas legislature to pass and Governor Sam Brownback to sign a law that allowed him to rewrite the state’s election registration laws. Kobach adopted rules requiring all new registrants to show documented proof of citizenship to obtain Kansas registration. At the polls, all registered voters had to show photo identification.
In the run-up to this year’s election, Kobach was able to disqualify almost 20,000 new registrants because they hadn’t proven their citizenship. These had to include many people (including a 92-year-old woman who appealed her denial) who for one reason or another didn’t have passports or birth certificates on hand. Kobach’s ruling created a weird two-tier system, where Kansans who had national voter registration, which only requires a registrant to swear that he or she is a citizen, could vote in congressional or senate selections, but unless they had a Kansas voter registration, which requires proof of citizenship, could not vote in a state or local race.
There are, of course, anti-immigration nuts who don’t care about any other issues or about politics in general, but Kobach is also an avid partisan who was chairman of the Kansas Republican Party. His rulings on voter registration appear equally designed to help Republicans and to eliminate an alien presence in American life. His attempt to keep Taylor on the ballot—and his subsequent threat to force the Democrats to replace him on the ballot—reflects a diehard partisanship that shows little concern for legal niceties. In 2012, he even justified an attempt to keep Obama off the Kansas ballot on the grounds he had not proved his citizenship. And he is also a hardline rightwinger on the welfare state (he wants to remove Kansas entirely from the purview of the Affordable Care Act) and on guns, championing a law that has made guns produced in Kansas not subject to federal regulation. (He is a shareholder in a new Kansas gun firm aptly called Minuteman Defense.)
Kobach is running again on his attempt to stamp out voter fraud, and enjoys the enthusiastic support of anti-Obama stalwart Ted Nugent. “The Leftists and commies are working overtime to defeat him in this year’s election,” Nugent warned. Kobach’s opponent, Schodorf, is a former Republican state senator who was ousted in the 2010 primary by a more conservative challenger backed by Brownback and the Koch-funded Americans for Prosperity and Kansas Chamber of Commerce. She switched parties to run against Kobach. Schodorf has never run statewide before, and faces a two-to-one Republican edge in registration in a race that voters don’t normally pay attention to, but she has been running even in the polls and could benefit from the snafu over keeping Taylor on the ballot.
If Schodorf does win, it will be a victory for American democracy and not simply the Democratic Party. Kobach is that bad. To be sure, there has always been a case to be made for better controlling American borders and for discouraging entry by undocumented workers, but Kobach’s position, like that of FAIR, edges into the dark corners of nativism. And his attempt to manipulate state election laws is quite simply an attempt to subvert the democratic process. Here’s to his defeat and banishment from elected office.
By: John B. Judis, The New Republic, September 19, 2014
“Tax Cuts Don’t Increase Revenue”: This Is What Happens When Republicans Actually Enact Their Radical Agenda
A persistent elite Washington trope, embodied by folks like Ron Fournier, says that bipartisanship is the key missing ingredient in our system of government. The two parties just need to stop their partisan bickering and join hands to hammer out serious, substantive compromises (read: slash social insurance).
It’s certainly the case that because of U.S. constitutional design, compromise is necessary during times of divided government — and the ones who won’t do it are ultraconservative Republicans. But there’s another model of governance that gets short shrift among the lovers of bipartisanship: letting election winners implement their agenda. By providing clear lines of accountability and making clear who is responsible for which policy, allowing an election winner to govern makes democracy work.
We see this today in Kansas of all places, where Gov. Sam Brownback is in an unexpectedly tight re-election race:
Although every statewide elected official in Kansas is a Republican and President Obama lost the state by more than 20 points in the last election, Mr. Brownback’s proudly conservative policies have turned out to be so divisive and his tax cuts have generated such a drop in state revenue that they have caused even many Republicans to revolt. Projections put state budget shortfalls in the hundreds of millions of dollars annually, raising questions of whether the state can adequately fund education in particular. [The New York Times]
Brownback’s tax cuts were passed back in 2012 with the help of Arthur Laffer, the conservative policy hand who has made his career insisting in the teeth of contrary evidence that tax cuts increase revenue. Multiple experts warned that the Brownback-Laffer plan would actually crater the state revenue collection, but Brownback ignored them and did what he wanted. The results are in, and it turns out when you cut taxes, you decrease revenue:
Kansas has a problem. In April and May, the state planned to collect $651 million from personal income tax. But instead, it received only $369 million. [The New York Times]
Naturally, the cuts have required more cuts to critical government services, and most of the tax benefits have been vacuumed up by the rich. Worse still, the promised job-creating effects have also failed to appear. On the contrary, Kansas has actually been performing worse than its neighbors on the jobs front.
In short, movement conservatism produces garbage economic policy. But the beauty is, now that fact is obvious to almost everyone in Kansas, including a bunch of Republicans. To his credit, Brownback actually believed in his ideas and put them in place. He is now paying the price for taking that risk.
Contrast that to the elite D.C. idea of bipartisanship, in which the ancient grandees from both parties get together, and through the magic of high-minded civil discussion, iron out a compromise to cut Social Security and Medicare, preferably by enough to be called a “Grand Bargain.” This has the not-coincidental effect of making it impossible for most people to figure out who is responsible for what — and very easy for either side to spin negative consequences as the other side’s fault.
Now, Brownback may well pull out a victory in the end. But Kansas is a very conservative state, and he ought to be cruising to a huge reelection. Future Republicans may well try to jam through similar tax policies copy-pasted from a conservative think tank’s guide to enriching the wealthy, but the colossal failure of the Brownback cuts will surely give them pause.
Government by the permanent D.C. establishment used to at least keep the country on two legs, but with ideologically well-sorted parties, one of them increasingly extreme, it’s come perilously close to breaking down multiple times. When considering reforms to the structure of government, as I believe will be necessary sometime in the future, we should keep in mind stories like this one. Democracy works best when the voters have meaningful and comprehensible choices.
By: Ryan Cooper, The Week, September 17, 2014
“A Defeat For American Democracy”: The Senate Tried To Overturn ‘Citizens United’ Today. Guess What Stopped Them?
A majority of the United States Senate has voted to advance a constitutional amendment to restore the ability of Congress and the states to establish campaign fundraising and spending rules with an eye toward preventing billionaires and corporations from buying elections.
“Today was a historic day for campaign finance reform, with more than half of the Senate voting on a constitutional amendment to make it clear that the American people have the right to regulate campaign finance,” declared Senator Tom Udall, the New Mexico Democrat who in June proposed his amendment to address some of the worst results of the Supreme Court’s interventions in with the recent Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission decisions, as well as the 1976 decision in Buckley v. Valeo.
That’s the good news.
The bad news is that it’s going to take more than a majority to renew democracy.
Fifty-four senators, all Democrats and independents who caucus with the Democrats, voted Thursday for the amendment to clarify in the Constitution that Congress and the states have the authority to do what they did for a century before activist judges began intervening on behalf of wealthy donors and corporations: enact meaningful campaign finance rules and regulations.
But forty-two senators, all Republicans, voted no. As a result, Udall noted, the Republican minority was able to “filibuster this measure and instead choose to support a broken system that prioritizes corporations and billionaires over regular voters.”
The Republican opposition effectively blocked further consideration of the amendment proposal, since sixty votes were needed to end debate and force a vote. And, even if the Republicans had not filibustered the initiative, actual passage of an amendment would have required a two-thirds vote.
Though the Republican move was anticipated, Senator Bernie Sanders, the Vermont independent who has been one of the Senate’s most ardent advocates for reform, expressed frustration with the result. “I am extremely disappointed that not one Republican voted today to stop billionaires from buying elections and undermining American democracy,” said the senator, who has advocated for a more sweeping amendment to address the influence and power of corporate cash on American elections and governance. “While the Senate vote was a victory for Republicans, it was a defeat for American democracy. The Koch brothers and other billionaires should not be allowed to spend hundreds of millions of dollars electing candidates who represent the wealthy and the powerful.“
Now, said Sanders, “the fight to overturn Citizens United must continue at the grassroots level in every state in this country.”
Sanders is right to reference the role of grassroots movements.
Four years ago, when the US Supreme Court removed barriers to corporate spending to buy elections, serious reformers said a constitutional amendment would be necessary to reverse the Court’s Citizens United ruling. Most pundits and politicians, even those who recognized the threat posed to democracy by the opening of the floodgates for big money, dismissed a constitutional fix as too bold and too difficult to achieve.
But the people embraced the constitutional route to reform. Grassroots organizing succeeded in getting sixteen states and close to 600 communities to formally demand that Congress act.
At the same time, the money poured in, with campaigning spending breaking records in the 2012 presidential and congressional elections—and heading toward breaking the record for midterm elections in 2014.
That was enough to shake up even the most cautious Senate Democrats, who began moving earlier this year to advance the Udall amendment. Though activists wanted a stronger amendment, the Senate deliberations confirmed that there is broad support for a constitutional response to the money-in-politics mess—and that a substantial number of senators now see that constitutional response as right and necessary.
“Less than five years after the Citizens United decision sparked national outrage, we have seen the movement to get big money out of politics go from local, grassroots organizing to a vote in the United States Senate,” explained People for the American Way Executive Vice President Marge Baker, who worked with activists from Public Citizen, Common Cause, Free Speech for People and other groups to collect and deliver 3.2 million signatures on petitions supporting an amendment. “Today’s historic majority vote is a remarkable milestone for this movement and a platform for taking the fight to the next level. The debate in the Senate this week is a debate that Americans across the country who are passionate about fixing our broken democracy have wanted to see.”
With the DC debate done, for now, the fight goes back to the grassroots. Activists with groups such as Move to Amend, Public Citizen’s “Democracy is for People” campaign and Free Speech for People will continue to organize and agitate, not just for an amendment but for an amendment that makes it absolutely clear that money is not speech, that corporations are not people and that citizens have a right to organize elections where votes matter more than dollars.
“We have amended the US Constitution before in our nation’s history. Twenty-seven times before. Seven of those times to overturn egregious Supreme Court rulings. For the promise of American democracy, we can and we will do it again,” declared John Bonifaz, the president of Free Speech for People, said Thursday. “The pressing question before the nation today is whether it is ‘we the people’ or ‘we the corporations and big money interests.’ This is not a Democratic issue or a Republican issue. This is a deeply American issue. Whatever our political differences may be, we all share the common vision of government of, for, and by the people. Today’s US Senate vote is just the beginning. While this amendment bill did not receive this time the required two-thirds support in order to pass the Senate, we will be back again and again until we win. History is on our side.’
By: John Nichols, The Nation, September 12, 2014
“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
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