“A Whole New Form Of Voter Suppression”: Do We Need A New Voting Rights Act?
Ten states have enacted voter-ID laws that will discriminate against minorities and seniors. But the Department of Justice can do little to stop the discrimination in five of them.
On Friday, two counties in Southern states requested that the Supreme Court reconsider a key element of the Voting Rights Act. Both Kinston, North Carolina and Shelby County, Alabama hope the Court will find that Section 5 of the Act—the one that requires states and counties with a history of voter suppression to get permission from the feds before implementing changes to election law—is unconstitutional. The government has previously justified Section 5 under the Fifteenth Amendment, which guarantees the right to vote and prohibits discrimination based on race. The counties—both in states with new voter-ID laws—argue that the provision violates the Tenth Amendment, which gives states the right to regulate elections. Furthermore, they claim it unfairly gives states different levels of sovereignty by treating some differently than others.
With voter-ID laws proliferating around the country, the Voting Rights Act has been in the national conversation for months now, and Section 5 has played a major role in the debate. Voter-ID laws create barriers to voting, particularly for poor and non-white voters who are more likely to lack the necessary photo ID. The effort to suppress the vote is exactly what the Voting Rights Act sought to prevent, and it’s come in handy. While the Bush administration’s Department of Justice approved Georgia’s strict voter-ID law—which became a national model—under Obama, the DOJ has blocked Texas and South Carolina from implementing theirs, finding them to have a discriminatory effect. (Decisions on Mississippi and Alabama’s laws are still pending.) Thanks to the proceedings, we’ve learned a lot more about the impact of these laws. Documents from Texas revealed that Hispanic registered voters were between 47 and 120 percent more likely to lack the necessary ID, while in South Carolina, minorities were almost 20 percent more likely to have no government-issued identification.
Because of Section 5, the Department of Justice has been able to stop voter-ID laws from going into effect in four states. The trouble is, Section 5 only applies to nine list states, based largely on what those states were doing 50 years ago. And with the voter ID frenzy that began after Republicans swept into power in 2010, the states working to suppress the vote don’t totally align with those that require preclearance. In recent years, ten states have passed strict voter-ID laws which require a voter to show government-issued identification to vote and will likely prevent hundreds of thousands from voting. But of those ten, only five require preclearance. Indiana, Kansas, Pennsylvania, Tennessee, and Wisconsin all got to enact their versions of these laws without any say from the feds. Across all of them, the impacts are similarly devastating for poor and non-white populations.
As more and more states pass laws that functionally disenfranchise poor and nonwhite voters, it’s increasingly clear that Section 5 is no longer sufficient. The Department of Justice needs a broader ability to be proactive in preventing voter discrimination. When the Voting Rights Act was passed in 1965, Congress authorized Section 5 for only five years, with the idea that it might not be necessary after that. Since then, however, the section has been reauthorized several times—most recently in 2006, when Congress renewed it for another 25 years. But the section no longer reflects the voting landscape. It seems logical that the Department of Justice’s role should be expanded, so that states not listed in Section 5 cannot implement laws that infringe on voters’ rights.
The right to vote is integral to our political system, one of the defining acts of citizenship, and we should ensure it’s protected. Furthermore, who votes often determines which candidate wins. In 2012, the stakes could hardly be higher. Not including Alabama, where the law is not scheduled to take effect until 2013, the states with strict voter-ID laws comprise 127 electoral votes—almost half the number needed to win.
A report by the Brennan Center for Justice last week offered a devastating look at just how difficult getting ID actually is, and how many people are impacted. Nationwide, 11 percent of eligible voters lack the required ID; among African Americans, that number skyrockets to one in four eligible voters. Hispanics and seniors also disproportionately lack a government-issued photo ID. The Center’s report focuses on two key factors: the cost of acquiring the necessary documents, and the difficulties of getting to an office that issues IDs. Even in states that offer free IDs for voting, most still charge people to obtain the documents necessary to get that ID—and the costs are not insignificant. Birth certificates can run anywhere from $8 to $25. In Mississippi, there’s a special Catch-22: You need a birth certificate to get a government-issued ID, but you need a government-issued ID to get a birth certificate. Meanwhile, 10 million eligible voters live more than 10 miles away from a government office that can issue an ID—and in Alabama, Kansas, Mississippi, Texas, and Wisconsin, those ID issuing offices are closed on weekends.
While many of the most egregious examples are in Section 5 states, many are not. In Wisconsin, which does not have to preclear its election laws, more than 30 percent of the voting-age population lives more than 10 miles from an ID office. In Kansas, which also isn’t listed in Section 5, the voter-ID law shows similar problems with discrimination. Outside of Wichita, there’s one office that issues IDs for every 22,000 eligible voters; in downtown Wichita, there is one office for every 160,000. Twenty-two percent of Kansas’ black population lives in downtown Wichita where, in order to get their free IDs, they must wait much longer than their neighbors outside the city. In Tennessee, another state that doesn’t need preclearance, three rural regions have large populations but no offices that issue IDs.
Perhaps the best argument for expanding the Voting Rights Act is unfolding in Pennsylvania. Only a few months ago, the state legislature passed a strict voter-ID law that required a government-issued ID that included an expiration date. The state’s House majority leader, Republican Mike Turzai, openly touted it as a law that will guarantee that Mitt Romney wins the state. There’s reason for his confidence: A recent study from the Secretary of the Commonwealth in Pennsylvania showed that as many as 9 percent of state voters may lack necessary identification. In Philadelphia, a Democratic stronghold with a high number of African-American voters, it could be as high as 18 percent. Yet the DOJ cannot block the law.
For those states not listed in Section 5, challenges must be fought in the courts, where the bar is much higher. The DOJ or others can claim that voter-ID laws violate Section 2 of the Voting Rights Act, which prohibits discrimination either in practice or procedure. But Section 2 cases are difficult. “In order to bring a Section 2 case, you’d have to show two things. One, that there’s a significant racial disparity and two, that the burden of getting an ID is significant enough for us to care about,” Samuel Bagenstos, former deputy assistant attorney general, told Talking Points Memo. That means the DOJ will have a harder time winning a case against a voter-ID state before the November elections. Instead, the department may have to wait until the election is over and voters can testify to the discrimination. The DOJ may have to spend the 2012 election collecting evidence of discrimination—cold comfort for those whose votes are suppressed, particularly when their votes could change the outcome of a close presidential election.
Civic groups can also sue states for violating their constitutions. The ACLU has already brought suit against the Pennsylvania law on those grounds. In Wisconsin, a court found the voter-ID law violated the state constitution, and has granted a permanent injunction, though that decision is being appealed. These lawsuits require funding from civic groups that can afford and endure lengthy legal fights, of course, and the constitutional protections vary state to state.
The Voting Rights Act was passed at a time when certain states adamantly and openly refused non-white citizens the right to vote. These new laws are less obvious and more insidious, and have been implemented in states without voter-supression histories of Texas, South Carolina, and Georgia. But regardless of a state’s history, the result of voter-ID laws is still the same: Many, particularly those who are poor and not white, will lose their right to vote.
With a whole new form of voter supression spreading, it’s imperative that we look at new ways to safeguard that right. Norman Ornstein, among others, has called for an expanded Voting Rights Act. At the very least, the Department of Justice should have broader authority to examine discriminatory laws and at least hold up implementation as officials examine the potential impact. States like Pennsylvania should not be able to take away minority rights so easily, and with so little scrutiny. Unfortunately, as so many states move to make it harder for poor and nonwhite citizens to vote, the momentum is on the other side, with states and counties pushing to knock down Section 5 entirely and take away the procedural protections we do have in place, incomplete though they are.
By: Abby Rapoport, The American Prospect, July 23, 2012
“Ricochet Pander Approach”: Romney Spins Economic Lies To The NAACP
On Wednesday morning Mitt Romney addressed the NAACP, the nation’s oldest civil rights organization. In most recent years Republican presidents and candidates have avoided speaking to the NAACP. That makes sense, since they oppose civil rights.
But Romney is pursuing the ricochet pander approach to the general election that George W. Bush laid out in 2000. He pretends to reach out to blacks and Latinos, but the real purpose is making white suburban soccer moms feel like they are not intolerant if they vote for him. That’s why he released an education agenda that mimics much of Bush’s education rhetoric about offering a fair shot to disadvantaged youth.
Unfortunately, Romney did not tell the truth in his speech on Wednesday. Consider this key section:
The opposition charges that I and people in my party are running for office to help the rich. Nonsense. The rich will do just fine whether I am elected or not. The President wants to make this a campaign about blaming the rich. I want to make this a campaign about helping the middle class.
I am running for president because I know that my policies and vision will help hundreds of millions of middle-class Americans of all races, will lift people from poverty, and will help prevent people from becoming poor. My campaign is about helping the people who need help.
This is simply a lie. It is a demonstrable fact that Romney’s economic policies—cutting taxes on the rich and cutting spending on programs that aid the poor—is designed to help the rich get even richer. Now, Romney may subscribe to the discredited supply side theory that ultimately increasing wealth at the top will increase investment and generate economic growth that lowers unemployment. But there is no question he is running for office to help the rich. (If you don’t believe me, read today’s analysis of Romney’s tax plans from Wall Street veteran Henry Blodget.)
In his remarks Romney emphasized his education reform plan, something he has almost never talked about since he announced it. Rather than showing that he is serious about improving social mobility, this reaffirms that he is simply copying the Bush playbook on how to pretend you care about poor urban children while promising to cut programs they depend on, such as Medicaid.
The rest of Romney’s speech was the same pitch he makes to every group: the economy is stagnant, and I will grow it. You could do a find-and-replace for “Latinos,” “women,” “African-Americans” or, for that matter, “Inuits” and his speech would be the same.
There is no question that the economic downturn has been especially hard on black families. But Romney seems to either not know or not care that people have other political interests besides macroeconomic indicators. The NAACP was set up to advocate for legal equality for African-Americans. The last Republican president, George W. Bush, eviscerated legal protections against racial discrimination. His Equal Employment Opportunity Commission only concerned itself with “reverse discrimination” while he appointed federal judges who are hostile to civil rights. Will Romney do the same? He did not say.
Nor did Romney have anything to say about the fact that his own church, in which he became a prominent leader, openly discriminated against blacks until 1978. Romney never, to anyone’s knowledge, did anything to condemn the Mormon Church’s racism. The only thing he is reported to have ever said about it was that he thought it rude of other schools to boycott playing Brigham Young University in sports as an objection Mormonism’s racist policies. In other words, he was against using a classic device of the civil rights movement, a boycott, to promote integration.
No wonder he did not want to discuss civil rights on Wednesday. But the least he could have done is told the truth about his economic agenda.
By: Ben Adler, The Nation, July 11, 2012
“A Very Sick Man”: Rush Limbaugh Wants To Extend Vote Suppression To Women
It did not generate the outrage that his offensive statements often do, probably just because it happened the day before July 4, but last Tuesday Rush Limbaugh made an inadvertently revealing statement. “When women got the right to vote is when it all went downhill because that’s when votes started being cast with emotion and maternal instincts that government ought to reflect,” said Limbaugh.
Limbaugh was not summarizing some serious new political science research. He was merely making assertions based on his own sexist stereotypes and the fact that women vote more Democratic than men.
The notion that women are less capable of controlling their biological weaknesses for the good of their country is often heard from right wing men. Newt Gingrich, who never served in the military, once said that women could not serve in combat because they would “get infections,” from living in ditches.
Limbaugh’s comment is also a reflection of Republican attitudes toward voting, and why they are so eager to trample voting rights. For another example, recall that Ann Coulter told the New York Observer in 2007, “If we took away women’s right to vote, we’d never have to worry about another Democrat president. It’s kind of a pipe dream, it’s a personal fantasy of mine.”
Limbaugh’s defense is that he was joking. But you never hear liberals joke that the world would be better if men or white people were not allowed to vote.
Republicans like Coulter and Limbaugh believe that groups who vote Democratic shouldn’t have the right to vote. The available mechanisms they are using, such as voter ID laws, target Democratic-leaning groups such as African-Americans, young people, city dwellers, and poor people. According to the Philadelphia Inquirer, “More than 758,000 registered voters in Pennsylvania do not have photo identification cards from the state Transportation Department, putting their voting rights at risk in the November election.” That’s 9.2 percent of Pennsylvania’s 8.2 million voters.
If there were a mechanism for disenfranchising women, the GOP would be pushing it.
By Ben Adler, The Nation, July 8, 2012
“Remaining Vigilant”: Attorney General Eric Holder, “Civil Rights Under Renewed Threat”
In an address to the National Council of La Raza convention in Las Vegas on Saturday, Attorney General Eric Holder told the Hispanic advocacy group that the gains of the Civil Rights era were coming “under renewed threat,” and touted the administration’s efforts in protecting the rights of minority groups and immigrants.
“Many of you know this firsthand – and have felt the impact of division, and even discrimination, in your own lives,” said Holder in his address, according to prepared remarks released by the Justice Department.”
The attorney general pledged that the civil rights advocacy group would “never have a more committed partner than the United States Department of Justice” and touted the administration’s record on those issues.
In particular, Holder highlighted the Supreme Court’s ruling last week striking down much of Arizona’s law targeting illegal immigration.
In a 5-3 ruling, the court rejected most provisions of the law, but let stand a key measure allowing police to check the legal status of those stopped on suspicion of committing unrelated offenses.
Holder said with the decision, the justices were “confirming the federal government’s exclusive authority to regulate with regard to immigration issues.”
But Holder, expressed concerns over the provision left standing. “We’ll work to ensure – as the Court affirmed – that such laws cannot be seen as a license to engage in racial profiling. And we’ll continue to enforce federal prohibitions against racial and ethnic discrimination, in order – as President Obama has promised – to “uphold our tradition as a nation of laws and a nation of immigrants,” he said.
The attorney general also touted the administration’s decision to halt the deportation of some young illegal immigrants, a move popular within the Hispanic community, calling it “a significant – and long-overdue – improvement to our nation’s immigration policy.”
Holder said the next step was for lawmakers to push through more comprehensive immigration reform and he said the administration would “keep working with Congressional leaders – from both parties – to advance the passage of critical legislation like the DREAM Act.”
Holder’s address to the prominent Hispanic organization comes as both President Obama and presumptive GOP nominee Mitt Romney’s campaigns boost their efforts to win over voters from the key demographic. Hispanics hold sway in many pivotal battleground states, adding to their importance this election cycle.
Polls, however, show Hispanics overwhelmingly backing Obama, bolstered in part by the decision to change deportation rules.
Holder told the civil rights group that the DOJ would remain vigilant to protect the rights of all Americans.
“Over the past three years, our Civil Rights Division has filed more criminal civil rights cases than during any other period in its history – including record numbers of human trafficking, hate crimes, and police misconduct cases,” said Holder, pledging that such efforts would remain a “top priority” for the department.
The Obama administration is also sending Vice President Biden to the convention. He is scheduled to speak on Tuesday.
Romney, however, will not be attending, and chose instead to send a surrogate, former Commerce Secretary Carlos Gutierrez. Gutierrez was not given a speaking role and instead met with attendees at the conference.
By: Meghashyam Mali, The Hill, July 7, 2012
“Emboldened And Dangerous”: Florida Governor Rick Scott Vows To Keep His Voter Purge Going
Florida Gov. Rick Scott’s (R) pre-election voter purge hasn’t had much success lately, but that didn’t stop him from going to a Tea Party Express event yesterday, urging far-right activists to help rally support for his scheme.
Wearing khakis, a blue button-down shirt with the sleeves rolled up and his signature custom-made cowboy boots, Scott defended the purge and enlisted their aid getting President Obama’s administration to cooperate by granting access to a federal immigration database.
“Okay so the latest is who should get to vote in our state and in our country. People that are citizens of our country. It’s very simple, right? Who comes up with the idea that you get to vote if you’re not a citizen?” Scott asked near the end of a 15-minute speech at the Tallahassee Antique Car Museum.
As straw-men arguments go, Scott’s is a doozy. “Who comes up with the idea that you get to vote if you’re not a citizen?” Well, no one; the governor is attacking a line that no one is defending. Rather, the problem is Scott’s plan, though ostensibly about purging non-citizens from the voter rolls, has ended up unjustly targeting tens of thousands of eligible citizens, making this more of a voter-suppression plan than anything else.
Indeed, given that 87% of Scott’s purge list is made up of minorities, minority voters tend to support Democrats, and the scheme is being executed five months before Election Day, the partisan motivations behind the governor’s agenda is rather transparent.
Nevertheless, Scott vowed yesterday that he would not back down from his suppression tactics, and was reportedly emboldened by last week’s recall election in Wisconsin. In an unintentionally-hilarious twist, Scott was introduced yesterday by Tea Party Express co-founder Amy Kremer, who told the crowd, without a hint of irony, that the voter purge is necessary because, “If the Democrats cannot win it fair and square, they will steal it.”
The next question, of course, is what will happen among those who have the most control over this process: the county elections supervisors.
As Rachel explained last week, Scott can send purge lists to the counties, but it’s up to the county officials “to actually do the purging … and lately the county officials in Florida are not much in a mood for what the state is telling them to do.” Indeed, as of Friday, these 67 county election chiefs said they would not move forward with Scott’s purge plan because they lack confidence in the integrity of the governor’s list.
One county elections supervisor said, “We’re just not going to do this. I’ve talked to many of the other supervisors and they agree. The list is bad. And this is illegal.”
However, Maddow Blog commenter Luckton noted this morning that the scheme “is still being carried out by a few of the county supervisors,” who are buckling to pressure from the governor.
Also keep an eye on Scott’s next move, which may include filing suit against the Obama administration for not helping him purge more voters from the state’s rolls.
By: Steve Benen, The Maddow Blog, June 11. 2012
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