“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
“It’s Not Like The TSA”: In The Scheme Of Things, Stop And Frisk Is Worse Than NSA Surveillance
My black friends in New York, particularly those who don’t live in the fancier precincts of Manhattan, have been harassed by the NYPD in a way that I, as a white guy, will never experience.
They’ve been stopped and frisked, for reasons known only to the officers. Almost every young black male I know has a story to tell.
The news today that a federal judge found this deliberate policing policy to be unconstitutional is a welcome one.
If you have never been stopped and frisked by a cop, it might not seem like a big deal.
So you lose, what, a few minutes of your time. You get frisked, there’s nothing on you, and you get sent on your way. It’s like the TSA.
Except that it’s not. It’s an encounter between powerless citizens and highly empowered police officers. It is scary. The confrontations are often aggressive, which is entirely appropriate from the perspective of the police officer: The person might be carrying. You’ve been singled out for your proximity to a place where a crime might be committed and because of the way you look, the way you move, the route you take. Your attitude towards the police will harden.
I think the NYPD is by and large an incredible organization and that its policing strategies have made New York City immeasurably safer; the city’s minority residents live with much less fear than ever before. But I think the “stop and frisk” policy is overzealous and counter-productive. And I think, in a small but tangible way, the practice harms those who come into contact with it.
The NSA’s surveillance capabilities and even its bulk collection programs do not damage or degrade Americans’ rights; they do not harm our ability to participate in the political process. (I think the FBI’s policies are MUCH more worrisome on that end.) To me, the symbolic harm is enough. I want the bright line to exist to prevent potential abuses by unsavory politicians.
There are many, many important debates to have about civil rights and liberties. Because of the NSA’s size, scope, and reach, I would be very concerned if the potential for willful abuse, and by extension, the potential to do something tangibly bad to Americans (and other innocents) was more than negligible. But it is negligible. Figuring out how to make sure NSA does everything right is important, but there is not one iota of evidence that the over-collection, even if it was broad, was (a) willful (b) not immediately reported and (c) ever detected by the Americans whose data passed through computers it shouldn’t have.
Yes, it would make me feel weird if I knew that an analyst somewhere was able to read my email; yes, I am totally and resolutely in favor of strong oversight procedures that are recognized by everyone as legitimate; but all the same, I am not being stopped by the police, or tortured, or arrested, or asked not to write something, or harassed, or, really, impacted in any way by that over-collect.
We have to make distinctions between what gives us the willies and what hurts or harms us. We have to make distinctions, fine ones, within topics; the NSA is not the CIA is not the FBI is not the NYPD.
Torture is evil. False wars are evil. Companies manipulating the data they collect to make you buy things and vote for people — that’s pretty wicked, too. What NSA does is not remotely close to that. To circle back to the point that’s obvious: They’re the government. They personify executive power. Our skepticism ought to be higher. I totally agree. But at the same time, we should not invent a caricature of what NSA does in order to polarize the debate about it. The facts don’t warrant that, just in the same way that the facts about the history of intelligence collection should absolutely force us to be vigilant.
In the scheme of things, the stop and frisk policy is a greater threat to civil rights than the NSA’s bulk collection programs.
By: Marc Ambinder, The Week, 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
“Welcome To The Post Civil Rights Era”: Gov Rick Scott To Launch New Purge Of Florida Voter Rolls
Gov. Rick Scott will soon launch a new hunt for noncitizens on Florida’s voter roll, a move that’s sure to provoke new cries of a voter “purge” as Scott ramps up his own re-election effort.
Similar searches a year ago were rife with errors, found few ineligible voters and led to lawsuits by advocacy groups that said it disproportionately targeted Hispanics, Haitians and other minority groups. Those searches were handled clumsily and angered county election supervisors, who lost confidence in the state’s list of names.
“It was sloppy, it was slapdash and it was inaccurate,” said Polk County Supervisor of Elections Lori Edwards. “They were sending us names of people to remove because they were born in Puerto Rico. It was disgusting.”
The state’s list of suspected non-U.S. citizens shrank from 182,000 to 2,600 to 198 before election supervisors suspended their searches as the presidential election drew near. “That was embarrassing,” said elections chief Jerry Holland in Jacksonville’s Duval County. “It has to be a better scrub of names than we had before.”
Election supervisors remain wary of a new removal effort, which the U.S. Supreme Court effectively authorized in June when it struck down the heart of the Voting Rights Act. That ruling nullified a federal lawsuit in Tampa that sought to stop new searches for noncitizen voters, and Scott quickly renewed his call for action.
“If there’s anybody that we think isn’t voting properly, from the standpoint that they didn’t have a right to vote, I think we need to do an investigation,” Scott said the day of the high court decision. Last fall, Scott joined the Republican Party in a fundraising appeal that accused Democrats of defending the right of noncitizens to vote.
Scott’s top elections official, Secretary of State Ken Detzner, is now creating a new list of suspected noncitizen voters by cross-checking state voter data with a federal database managed by the Department of Homeland Security.
Detzner’s director of elections, Maria Matthews, sent a letter to election supervisors Friday, promising “responsible measures that ensure due process and the integrity of Florida’s voter rolls” and vowing to include supervisors “in the planning and decision-making.”
Sen. Rene Garcia, R-Hialeah, chairman of the Florida Hispanic Legislative Caucus, said Detzner told him the state would resume its purge of potential noncitizens within 60 days. “I’ve been told that they will go slow,” Garcia said. “I’m completely confident that the process will work.”
Hillsborough County halted its purge last year after several voters on a list of 72 flagged by the state proved their citizenship.
A voter whose citizenship is questioned has the right to provide proof of citizenship in a due-process system that includes certified letters and legal notices.
If the next list is anything like the last one, its burden will fall most heavily on urban counties with large Hispanic populations, notably Miami-Dade.
“Ineligible voters will be removed when their ineligibility is substantiated by credible and reliable data,” said Miami-Dade Elections Supervisor Penelope Townsley.
Townsley and a half-dozen county election supervisors interviewed across the state were emphatic that anyone who is not a U.S. citizen should not be able to cast a ballot. But they also say the state must meticulously document any case of a suspected ineligible voter and share all data with the counties — including access to the federal database known as SAVE.
Some supervisors remain irked that Detzner’s office still has not granted them access to the database after promising to do so last fall.
Okaloosa County election supervisor Paul Lux said the state’s questionable data damaged relations between the state and counties last year.
“We said then, ‘If you can’t give us good data, why should we kill ourselves vetting it?’ ” Lux said.
Relations have improved, but Lux said he’s not hopeful that the SAVE database will be much better.
“If the federal government is as good at collecting data as they are with doing other things, then I’ve got to wonder about the quality of this data,” Lux said. “If we get the information sooner, we can get started and have plenty of time to do our own due diligence.”
Maria Rodriguez, executive director of the Florida Immigrant Coalition, which opposed previous purge efforts, said the state’s motive is to remove poor and minority voters who are less likely to vote Republican.
“For every voter they purge, we will nationalize and register many, many more,” she said.
Voter purges aren’t necessarily a bad thing, said Myrna Pérez, deputy director of the Democracy Program at the Brennan Center for Justice at New York University’s law school.
She said many states require voter-list maintenance efforts to prune the rolls of voters who are no longer eligible or who have died, but purges close to an election should be avoided. “They offer lots of opportunities for eligible voters to get improperly removed because they frequently happen in a rushed, haphazard manner behind closed doors,” Pérez said. “And the data is usually flawed.”
On Twitter, Pasco County’s election supervisor, Brian Corley, said: “Info from FL SOS [Secretary of State] must be credible & reliable! Integrity of voter rolls is paramount!”
By: Steve Bousquet and Michael Van Sickler, The Miami Herald, August 4, 2013
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