“We Have To Do Better”: We Can’t Just Play Defense On Voting Access, It’s Time To Make Voting Easier
When I think of the 2012 Obama campaign, I am proud of so many things we accomplished. But one thing I wasn’t totally satisfied with was voter turnout.
It’s not that we didn’t meet our goals—we actually surpassed them, especially in key states. The numbers were stark: We won nine of the ten battleground states, registered 1.8 million new voters, and built a grassroots army of more than 2 million volunteers who made 146 million calls and door knocks over the course of the electoral cycle. Yet the really telling stats are the ones no one is discussing—specifically who failed to cast his or her vote in either this past election or any election in the last decade.
In 2012, 60 percent of eligible voters (129 million American citizens) headed to the polling booth, including the largest number of voters ever among African-Americans, Latinos, and Asian-Americans, and large numbers of women and young people—many of whom voted for the first time ever. But when 40 percent (86 million American citizen adults) are not voting, the simple fact is our society—and democracy writ large—suffers.
The fundamental problem is that the way we exercise our right to vote remains trapped in the 19th century. Some election officials still use unwieldy reams of paper to check off voters, voting machines vary from precinct to precinct and frequently break, and voters are driving to city hall or the public library to get their voter registration forms in many states.
What’s more, it’s costing Americans to participate in the process both in terms of the time and effort they must invest in order to register and vote—and in taxpayer dollars. In Oregon, where voter turnout is remarkably high in comparison with the rest of the nation, the state spends $4.11 to process each voter registration form. Meanwhile in Canada, the average cost is less than thirty-five cents.
At the same time, lines to cast a ballot have been getting longer and longer, especially in urban and minority communities. Analytical studies of the 2012 election show the problem extends far beyond the anecdotal evidence of Florida early voters waiting for hours to enter the polling booth. In fact, MIT scholar Charles Stewart III found that while two-thirds of American voters waited less than ten minutes to vote, voters in low-income neighborhoods with high percentages of minorities often waited more than an hour. On average, African American voters across the country waited two times as long to vote as whites. Similarly, Hispanic voters waited a third longer than white voters.
The good news is the same innovative spirit and technological savvy that is making so many aspects of our lives easier—from travelling paper-free, to banking from home, to tracking on our smartphones how miles we’ve run or how many calories we’ve consumed—can also fix the problems with the way we vote. Digital technology and big data systems are continuing to change the world in which we live by helping us track massive amounts of data, protect against fraud, and democratize things that used to be the sole property of the elite and well-connected. It makes sense that those tools can help lead us to a more just and effective voting system as well.
The solutions already exist, and the policies are simply waiting to be adopted and enacted. In particular, by expanding online and automated voter registration, permitting no-excuse vote-by-mail, extending early voting, and implementing portable and Election Day registration, we can finally bring our voting system into the 21st century
If we do all these things we will not only improve democracy in America—we will save significant taxpayer dollars in the process.
One state leading the way on making voting both easier and more accessible is Colorado. In May, Governor John Hickenlooper signed a sweeping measure passed by both houses of the legislature that not only requires ballots be mailed to every single registered voter in Colorado but also permits registration through Election Day. Among the provisions included are a longer early voting period, a shorter time required for state residency to qualify to vote, and the ability to vote at any precinct within the voter’s county. What’s more, the law leaves it up to voters how they choose to cast their ballots during early vote or on Election Day—by mail, by dropping off the ballot, or in-person if that’s their preference.
We’re also seeing results in places like Washington State, which is a great case study on the benefits of expanding online and automated voter registration. Thanks to automated opt-in voter registration in the state’s Department of Licensing (DOL) offices, Washington saw cost savings amounting to $126,000 in 2008 alone, according to studies conducted by the Brennan Center. In addition, voters saved more than $90,000 in postage that would have been required to mail in their registration forms. It’s no wonder that Washington’s system has been popular with both the state and voters. In 2004, 15 percent of total registrations were completed at DOLs. By 2009, just a year after the state fully adopted and implemented online and automated registration, that number had jumped to 70 percent of total registrations.
While online and automated registration are key to easing the process for new voters, we know that increasing overall electoral participation can only happen if we improve the accessibility and convenience of voting, particularly for low-income and minority communities. That’s where policies that permit vote-by-mail and expand early voting come into play.
Oregon, Colorado, and Washington have already shown us what vote-by-mail can do for turnout. Oregon and Washington have instituted universal vote-by-mail, and both states have experienced voter participation rates that are significantly higher than the national average. Similarly, Colorado instituted the vote-by-mail option in 1992, and as awareness and education for this option increased, so has turnout. In 2012, Colorado had 70 percent turnout—and fully 82 percent of those voters cast their ballots before Election Day.
Instituting in-person early voting is another important piece that will help make it easier to vote, but this approach must go hand-in-hand with increasing early voting administrative resources and hours. In most states, early voting hours coincide with business hours and are shorter than Election Day hours. There are typically far fewer voting locations than on Election Day, and they are staffed with fewer poll workers and fewer machines. As a result, early voters have no choice but to travel greater distances to vote, and the expanded opportunity can be offset by the inconvenience.
One state that showcases how early voting can work well is Nevada. In 2008, 67 percent of Nevada voters voted early and 90 percent of Nevada early voters lived within 2.5 miles of an early vote site, further demonstrating the correlation between voting convenience and turnout. In 2012, Nevada offered two full weeks of early voting prior to Election Day with both permanent and mobile locations. Instead of the typical handful of staffers, mobile locations were run by teams of 10-12 election workers—and these locations changed sites every few days to ease the geographic burden on would-be voters. It’s not surprising then that in 2012, 69 percent of Nevadan voters cast their ballots prior to Election Day.
Finally, a crucial element of fixing our voting system is expanding portable and Election Day registration. Twenty-nine million voting age Americans move each year—that’s approximately one in eight people who would be eligible to vote—and 45 percent of voting age Americans move every five years. Yet most states require voters to re-register when they move to a new address. Portable voter registration would allow voters to keep their registration when they move.
Ten states currently allow voters to register and vote on Election Day: Colorado, Connecticut, Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, Wisconsin, and Wyoming—and when California’s new law goes into effect it will bring the total to 11. There is no reason why that number should be less than 50.
Fortunately, organizations like Turbovote are working to make this process easier for voters: Their goal is to ensure voters only have to register once in their lifetime. But if we want to modernize our voting system to reflect both our values as a nation and our technological capabilities, we will need to build the political will to do it.
Last November, former Florida Republican Party chair Jim Greer came clean about efforts to suppress the Democratic vote in his home state by reducing early voting hours, saying, “the Republican Party, the strategists, the consultants, they firmly believe that early voting is bad for Republican Party candidates…It’s done for one reason and one reason only…We’ve got to cut down on early voting because early voting is not good for us.”
We heard similar things in Pennsylvania when State House Republican leader Mike Turzai touted passing a law with serious voting restrictions, including “voter ID, which is going to allow Governor Romney to win the state of Pennsylvania.”
And it’s no coincidence that Texas Attorney General and presumed Republican gubernatorial candidate Greg Abbott put that state’s voter ID law into effect just hours after the Supreme Court struck down Section 4 of the Voting Rights Act this past June. What’s clear is the Texas voter ID law is designed to make it easier for certain people to vote and harder for others—under this law, a concealed handgun license is considered acceptable identification for voting while a student ID issued by a Texas university is not. It’s no wonder U.S. Attorney General Eric Holder has already announced plans by the Department of Justice to fight the Texas law and other efforts by states seeking to capitalize on the court’s decision.
In North Carolina, the state’s new Republican governor and Republican state legislature approved a sweeping law last month to reduce early voting, eliminate voter registration during early voting, require voters to obtain photo ID, and impose a tax on parents of students who choose to vote on campus. Like Texas, the North Carolina law further discriminates against students by prohibiting them from using their North Carolina student ID to vote.
What these extreme comments and actions indicate is that we need a “common sense caucus” on voting rights. There are moderate Republicans who believe that elections should be about who has the best ideas—not who can change the laws to make it more difficult for their opponents to vote. We need to lift up those voices.
The ideas outlined above are just common sense solutions—and lawmakers in Washington should be taking action to implement them. Ultimately, driving up voter participation and making it easier to vote will help not only urban voters but provide greater access to the political process for voters in rural communities as well. That’s a goal leaders from both sides of the aisle should be able to support.
But we can’t wait for Washington.
States need to begin passing laws that reform and modernize our voting system—and begin seeing results the likes of those in Colorado, Oregon, Washington, and Nevada. In fact this kind of a decentralized approach—using the states as “laboratories of democracy”—may be the only way to solve the problem
In Silicon Valley, former Obama staffer Jim Green recently started a venture called Technology for America (T4A). This group brings together the best and brightest of Silicon Valley together with mayors and other elected officials of either party who want to solve the big problems of our day. Every Secretary of State in this country should be banging down Jim’s door asking how they can partner with Silicon Valley to come up with smart technology solutions to create a better voting system. If they don’t care or have the audacity to lead on this, we should fire them and vote in better Secretaries of State who do.
In the last election, 60 percent of eligible voters cast ballots, and many of those who did waited in unacceptably long lines to do so. As President Obama said in his acceptance speech on election night, “we have to fix that.”
The facts are clear on this front—we have the technology and the brilliant technologists to help us do just that. The question is whether or not national and state lawmakers have the political will. If not, we need to start electing political leaders who care about our democracy and understand that participation in it is critical to our success.
We made history in 2012—and in 2008—and I was deeply honored to be part of both amazing, transcendent campaigns. But history isn’t enough. We have to do better.
By: Jeremy Bird, the New Republic, November 30, 2013
“Republican America”: Voter Suppression Is The New GOP Strategy
Better bring some identification — and not just any identification, official though it may be — if you plan to vote in Republican-controlled states. However, if you contribute tens of millions of dollars to sway an election on Republicans’ behalf, the party will fight to keep your identity a secret.
Consider, for instance, what happened to some attempting to participate in this month’s elections in Texas. The New York Times reported that “Judge Sandra Watts was stopped while trying to vote because the name on her photo ID, the same one she had used for voter registration and identification of 52 years, did not exactly match her name in the official voter rolls.” Both Democratic state Sen. Wendy Davis and Republican Attorney General Greg Abbott — the front-runners in next year’s gubernatorial contest — encountered the same obstacle. As did Jim Wright, the 90-year-old former speaker of the U.S. House. Wright, who represented his Fort Worth district in Congress for 34 years, told the local paper that he had voted in every election since 1944 and that he had realized shortly before Election Day that his identification — a driver’s license that expired in 2010 and a university faculty ID — would not suffice under the state’s 2011 voter ID law. Indeed, officials required Wright to produce a certified copy of his birth certificate to procure a personal identification card that would allow him to vote.
Fortunately, no issues of cosmic importance appeared on this year’s Texas ballots. Next year, however, congressional seats and control of the statehouse will be up for grabs, and voter turnout probably will be much higher. The purpose of these and other vote-deterring measures, adopted in Texas and a slew of other GOP-controlled states, is to make sure turnout is not too much higher by reducing voter participation, particularly among the young (student IDs often don’t suffice), the poor (no driver’s license? Sorry.) and racial minorities. That is, groups that tend to vote Democratic.
Voter suppression has become the linchpin of Republican strategy. After Mitt Romney’s defeat in 2012, the GOP was briefly abuzz with talk of expanding the party’s appeal to young and Latino voters. Instead, the party doubled down on its opposition to immigration reform and its support for cultural conservatism — positions tantamount to electoral suicide unless the youth and minority vote can be suppressed.
Republicans have justified this crackdown as a way to keep non- citizens from infiltrating the electorate, not that there’s evidence such a thing is happening. But if a non-citizen wants to contribute millions of dollars to one of those “social welfare organizations” that spends gobs of money on an election campaign, Republicans fight to shield his or her identity. Recently released tax documents showed that one such organization — Crossroads GPS, the group headed by Karl Rove that spent $189 million in last year’s elections opposing President Obama and Senate Democrats — received 53 contributions of $1 million or more. The three largest were for $22.5 million, $18 million and $10 million.
Who did they come from? Because Crossroads GPS is classified as a 501(c)4 “social welfare” group, which is not legally required to list its donors, we’ll never know. Could such contributions come from a non-citizen? With donors’ identities shielded by law, there is no way of knowing.
Some states require donors to such campaign groups in state and local elections to be identified. But other states don’t, which allows for the kind of interstate shell games that wealthy right-wing donors played during the 2012 election. In one instance, an anonymous $11 million contribution to a California campaign opposing a ballot measure that raised taxes on the rich and supporting a measure to curtail unions’ political activities was tracked by state election officials to a 501(c)4 organization in Arizona that had gotten its funding from another such group in Virginia. The investigation revealed that a California GOP consultant had raised money for the ballot measure campaigns by promising his donors the anonymity that this shell game provided.
A pre-election tally by the Sunlight Foundation of “dark money” contributions to federal races as of Nov. 1, 2012, showed nearly $175 million going to GOP candidates and roughly $35 million to Democrats. A bill backed by Senate Democrats that would have required such groups to report the identity of donors who give more than $10,000 for electoral campaigns was killed last year by GOP opposition to a cloture motion, even though it was backed by a majority of senators.
So: If you want to vote in the Republicans’ America, remember to bring your birth certificate. But if you want to buy an election and stay under wraps, your secret is safe with them.
By: Harold Meyerson, Opinion Writer, The Washington Post, November 21, 2013
“Gaining Even More Traction”: GOP-Backed Voting Laws Target And Hurt Young Minority Voters
A new report released by the Advancement Project highlights the numerous ways “young voters of color” are affected by restrictive voting laws that have been adopted by Republicans in several states across the nation.
The millennial generation, which is now between 18 and 29 years of age, is significantly more racially diverse than prior generations. Thus, the report explains, laws that suppress the youth vote also suppress voters of color. Restrictive laws affect particular demographics – in this case, young African-American and Latino voters – in different ways; some produce abnormally long lines on which voters must wait just to vote, while others implement barriers to actually getting to the polls.
On Election Day 2012, polling places in Florida counties with especially high numbers of minority youth voters closed on average 86 minutes after the 7 p.m. closing time, as a result of long lines. The obvious danger is that this will discourage young voters from voting. Others may “not be able to wait many hours to vote in future elections.”
A similar situation also occurred in Pennsylvania during the 2008 presidential election. Though local election officials petitioned for a larger polling space to cover the Lincoln University – a historically black university – district, the state’s Chester County Board of Elections denied the request, forcing voters to endure 6- to 8-hour wait times in the original “inadequately sized polling location.”
Also in Pennsylvania, and other states such as Texas, strict photo ID requirements directly affect specific groups’ ability to vote. A survey included in the report compares the disproportionately implemented voter ID requirements in both states to states without such laws. In states without voter ID laws, 65.5 percent of young black voters and 55.3 percent of young Latino voters were asked to present photo identification – a significantly greater share than the 42.8 percent of young white voters asked to present the same form of ID. In states with voter ID laws, however, 84.3 percent of young white voters were asked to produce specific photo ID, as opposed to 81.8 percent of young Latino voters asked to do the same.
An even greater 94.3 percent of young black voters were asked to present ID.
Strict photo ID laws – which typically require a voter to present a state-issued driver’s license or non-driver ID – account for why 17.3 percent of young black voters and 8.1 percent of young Latino voters could not vote in the 2012 presidential election. Fewer than 5 percent of young white voters were not able to vote for the same reason.
The measure is especially effective because many young voters in general don’t have a driver’s license. Even those who do, but attend an out-of-state college, do not have a state-issued driver’s license, and obtaining a standard state-issued photo ID usually requires a birth certificate – an obstacle that makes it more difficult for young voters. Furthermore, a larger percentage of young white voters have different forms of ID than young black and Latino voters. The report also mentions that several states – including Texas, North Carolina, Wisconsin, Kansas and Pennsylvania, among others – have even attempted to ban student photo IDs as voter identification.
In North Carolina, however, specific photo ID requirements are not the sole legislation hurting young minority voters; in August 2013, Governor Pat McCrory signed into law a ban on same-day voter registration during early voting – the law also decreases the early voting period by a week. Among other provisions, the law also eliminates pre-registration for 16- and 17-year-olds and a state mandate for voter registration in high schools. In October, a Republican precinct chair from Buncombe County, North Carolina, Don Yelton, admitted that the legislation hindered African-Americans’ and college students’ ability to vote.
According to Yelton, both demographics were targeted because they tend to vote Democratic.
These types of restrictive laws are only gaining more traction since June, when the Supreme Court struck down a crucial provision of the Voting Rights Act that required specific states known for passing discriminatory voting laws to first get “pre-clearance” from the federal government in order to change their voting laws.
The Advancement Project warns that “attacks on young voters” are “ongoing” and “threatening the voting rights of many across the country for future elections.”
The report also recommends “policy-makers and election officials…concentrate on positive measures that would help alleviate the woefully low percentage of voter participation rates seen…especially among young people, who are our future.” Besides eliminating laws that implement strict ID requirements, ban same-day voter registration and shorten early voting periods, the Advancement Project also suggests nationwide implementation of online voter registration, “uniform standards” for voting machines and poll workers, and institutionalizing voter registration.
Lastly, the report adds: “Congress must act immediately to update the Voting Rights Act.”
The problem, however, is not that politicians are unaware of how to increase voter turnout, but that there are many lawmakers who support these restrictive laws because they benefit their party.
By: Elissa Gomez, Featured Post, The National Memo, November 19, 2013
“The Republican Self-Preservation Act”: Texas Voter ID Law Discriminates Against Women, Students And Minorities
Texas’s new voter ID law got off to a rocky start this week as early voting began for state constitutional amendments. The law was previously blocked as discriminatory by the federal courts under the Voting Rights Act in 2012, until the Supreme Court invalidated Section 4 of the VRA in June. (The Department of Justice has filed suit against the law under Section 2 of the VRA.) Now we are seeing the disastrous ramifications of the Supreme Court’s decision.
Based on Texas’ own data, 600,000 to 800,000 registered voters don’t have the government-issued ID needed to cast a ballot, with Hispanics 46 to 120 percent more likely than whites to lack an ID. But a much larger segment of the electorate, particularly women, will be impacted by the requirement that a voter’s ID be “substantially similar” to their name on the voter registration rolls. According to a 2006 study by the Brennan Center for Justice, a third of all women have citizenship documents that do not match their current legal name.
Just yesterday, this happened (via Rick Hasen), from KiiiTV in South Texas:
“What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” 117th District Court Judge Sandra Watts said.
Watts has voted in every election for the last forty-nine years. The name on her driver’s license has remained the same for fifty-two years, and the address on her voter registration card or driver’s license hasn’t changed in more than two decades. So imagine her surprise when she was told by voting officials that she would have to sign a “voters affidavit” affirming she was who she said she was.
“Someone looked at that and said, ‘Well, they’re not the same,’” Watts said.
The difference? On the driver’s license, Judge Watts’s maiden name is her middle name. On her voter registration, it’s her actual middle name. That was enough under the new, more strict voter fraud law, to send up a red flag.
“This is the first time I have ever had a problem voting,” Watts said.
The disproportionate impact of the law on women voters could be a major factor in upcoming Texas elections, especially now that Wendy Davis is running for governor in 2014.
Moreover, the state is doing very little to make sure that voters who don’t have an ID can get one. As I mentioned, 600–800,000 registered voters don’t have an acceptable voter ID, but according to the Dallas Morning News “only 41 of the new cards were issued by DPS [Department of Public Safety] as of last week.”
Getting a valid photo ID in Texas can be far more difficult than one assumes. To obtain one of the government-issued IDs now needed to vote, voters must first pay for underlying documents to confirm their identity, the cheapest option being a birth certificate for $22 (otherwise known as a “poll tax”); there are no DMV offices in eighty-one of 254 counties in the state, with some voters needing to travel up to 250 miles to the closest location. Counties with a significant Hispanic population are less likely to have a DMV office, while Hispanic residents in such counties are twice as likely as whites to not have the new voter ID (Hispanics in Texas are also twice as likely as whites to not have a car). “A law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote,” a federal court wrote last year when it blocked the law.
Texas has set up mobile voter ID units in twenty counties to help people obtain an ID, but has issued new IDs to only twenty voters at the sites so far.
Supporters of the voter ID law, such as Governor Rick Perry, argue that it’s necessary to stop the rampant menace of voter fraud. But there’s no evidence that voter impersonation fraud is a problem in Texas. According to the comprehensive News21 database, there has been only one successful conviction for voter impersonation—I repeat, only one—since 2000.
Texas has the distinction of being one of the few states that allows you to vote with a concealed weapons permit, but not a student ID. Provisions like these suggest that the law was aimed less at stopping voter fraud and more at stopping the changing demographics of the state. Based on what we’re seeing thus far, the law might better be described as the Republican Self-Preservation Act.
By: Ari Berman, The Nation, October 23, 2013
“Today’s GOP Confederates And Dixiecrats”: Amazing How The Only Group Voter Suppression Doesn’t Target Is White Men
The Republican defense of laws requiring identification to vote usually goes like this: “Who doesn’t have ID? And why can’t they get it?”
They’re forced to this defense because they can’t point to one election in modern American history that was swung by the phantom scourge of in-person voting fraud. They know they can’t because the Bush administration tried to find one for years and couldn’t.
These questions are rhetorical, because any serious attempt to answer them indicts the effort to make voting more difficult.
Who doesn’t have voter ID?
In 2012, “the state admitted that between 603,892 and 795,955 registered in voters in Texas lacked government-issued photo ID, with Hispanic voters between 46.5 percent to 120 percent more likely than whites to not have the new voter ID,” according to The Nation‘s Ari Berman.
And why can’t they get it?
The laws purposely make it difficult to get IDs. In Texas, residents had to pay a minimum of $22 to get the necessary documentation at a government office, such as the Department of Motor Vehicles. “Counties with a significant Hispanic population are less likely to have a DMV office, while Hispanic residents in such counties are twice as likely as whites to not have the new voter ID (Hispanics in Texas are also twice as likely as whites to not have a car),” Berman points out.
But Texas’s law doesn’t only make it more difficult for Latinos to vote, it also places an undue burden on one specific gender. Guess which one!
The New Civil Rights Movement‘s Jean Ann Esselink explains: As of November 5, Texans must show a photo ID with their up-to-date legal name. It sounds like such a small thing, but according to the Brennan Center for Justice, only 66 percent of voting age women have ready access to a photo document that will attest to proof of citizenship. This is largely because young women have not updated their documents with their married names, a circumstance that doesn’t affect male voters in any significant way. Suddenly 34 percent of women voters are scrambling for an acceptable ID, while 99 percent of men are home free.
Democratic strategist Alex Palambo points out, “Similar to how poor, minority, and elderly voters in Pennsylvania had trouble getting to the DMV to obtain a state ID or driver’s license before the election, women in Texas are having trouble getting an acceptable photo ID that matches their most current name.”
Palambo feels it’s more than a coincidence that voting is becoming more difficult for women just as State Senator Wendy Davis (D-Fort Worth) prepares to take on Texas attorney general Greg Abbott to replace Rick Perry as the state’s governor.
“Greg Abbott has a reason to be scared of Davis, his own popularity with women is low, most likely due to his strict reproductive health restrictions, gutting of childcare funding, and opposition to equal pay,” she notes. The party may also be thinking ahead to 2016, when another Democratic woman might be on the ballot.
Regardless, voter ID is a policy that seems designed to make it harder for everyone to vote, except white men.
Even the conservative federal judge who wrote the majority opinion in the 2008 case that ultimately upheld that such laws were constitutional now admits the true agenda of these laws.
In his new book, Stephen A. Posner admits that he regrets his decision in Crawford v. Marion County Election Board, noting that the law it upheld is “now widely regarded as a means of voter suppression rather than of fraud prevention.”
The Reagan-appointed federal appeals court judge now agrees with Judge Terence T. Evans, his colleague who wrote the minority decision in Crawford. “Let’s not beat around the bush: The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage Election Day turnout by certain folks believed to skew Democratic,” Evans wrote.
Posner admits that he wasn’t aware of the “trickery” inherent in the law when he made his decision just two years after a Republican Congress and president had renewed the Voting Rights Act, which was recently gutted by the Roberts court.
“I plead guilty to having written the majority opinion,” he writes in Reflections On Judging.
Perhaps he should have asked himself a question: Why would the party that claims to hate government regulation demand government regulation to solve a problem that doesn’t exist?
The answer — unfortunately — is sad and simple.
“The Confederates and Dixiecrats of yesteryear are the Republicans of today,” writes Berman.
By: Jason Sattler, The National Memo, October 20, 2013
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