“Just The Tip Of The Iceberg”: Hundreds Of Voters Are Disenfranchised By North Carolina’s New Voting Restrictions
Craig Thomas of Granville County, North Carolina, registered to vote before he deployed to Afghanistan with the US Army. After serving abroad for eighteen months, he went to vote early in the state’s primary on April 30. He returned from Afghanistan to the same house, in the same precinct, but was told at the polls that there was “no record of registration” for him.
In the past, Thomas could’ve re-registered during the early voting period and cast a regular ballot under the state’s same-day registration system. But same-day registration was one of the key electoral reforms eliminated by the North Carolina legislature last year when it passed the nation’s most onerous package of voting restrictions. In 2014, Thomas had to cast a provisional ballot, which was not counted. After fighting abroad, he was disenfranchised at home.
Thomas was one of 454 North Carolina voters who would have had their ballots counted in 2012 but did not have them counted in the 2014 primary because of North Carolina’s elimination of same-day registration and prohibition on counting a provisional ballot cast in the wrong precinct, according to a new review by Democracy NC. (North Carolina also cut early voting by a week and mandated a strict voter ID law for 2016, among other things.)
From the report:
Voters denied a chance to have their voices heard include a veteran returning from Afghanistan whose registration was incorrectly terminated while he was away; a first-time voter who registered at the DMV, but that registration didn’t reach the local board of elections; a precinct judge assigned to a precinct other than her own who couldn’t leave to vote in her home precinct; a disabled senior who was driven to a friend’s polling place on Election Day; a nurse who temporarily registered her car in a nearby county while working at its hospital for nine months; a college student who registered during a voter drive but her application was not recorded; and a new couple in town who mailed in their registration but it did not reach the county board of elections before the registration deadline.
These new restrictions disproportionately impacted black and Democratic voters. “While Black voters make up 22% of all registered voters, they were 39% of those who lost their votes because of the two rule changes,” according to Democracy NC. “Democrats are 42% of the state’s registered voters, but 57% of those disenfranchised by the new rules.”
The problems in the primary are a disturbing preview of what’s to come. “These 454 voters are obviously just the tip of the iceberg of the thousands who faced the same problems when they went to vote in the primary and who simply left the polling place without taking the time to fill out the paperwork and file a provisional ballot,” Democracy NC notes.
Voter turnout will be much higher in the general election than in the primary, so many more voters will be burdened by the new rules. North Carolina has one of the closest Senate races in the country between Democrat Kay Hagan and Republican Thom Tillis, which could very well decide control of the Senate.
Last month, US District Court Judge Thomas Schroeder declined to grant a preliminary injunction against the state’s new voting restrictions because he said that the plaintiffs “have not demonstrated they are likely to suffer irreparable harm.”
Craig Thomas and the hundreds of voters whose ballots were not counted would likely disagree with Schroeder’s definition of irreparable harm.
An expedited appeal to block the new restrictions before the midterms will be heard by the Fourth Circuit Court of Appeals in Charlotte on September 25.
By: Ari Berman, The Nation, September 10, 2014
“An Important Voting Rights Victory”: Ohio Early Voting Cuts Violate The Voting Rights Act
Ohio keeps trying to cut early voting and the federal courts keep striking the cuts down.
Last year, Ohio’s Republican-controlled legislature cut a week of early voting and eliminated the “Golden Week” when voters can register and vote on the same day during the early voting period. GOP Secretary of State Jon Husted also issued a directive prohibiting early voting on the two days before the election, and on weekends and nights in the preceding weeks—the times when it’s most convenient to vote.
Today a federal court in Ohio issued a preliminary injunction against the early voting cuts, which it said violated the Equal Protection Clause of the Fourteenth Amendment and Section 2 of the Voting Rights Act, ordering Ohio to restore early voting opportunities before the midterms. “African Americans in Ohio are more likely than other groups to utilize [early] voting in general and to rely on evening and Sunday voting hours,” wrote District Court Judge Peter Economus, a Clinton appointee. As a consequence, the early voting cuts “result in fewer voting opportunities for African Americans.”
The lawsuit was brought by the ACLU and the Ohio NAACP. In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP. Overall, 600,000 Ohioans, 10 percent of the electorate, voted early in 2012.
Blacks in Ohio were far more likely than whites to vote early in 2008 and 2012. “In the November 2008 election in [Cleveland’s] Cuyahoga County, African-Americans voted early in person at a rate over twenty times greater than white voters,” according to the Lawyers’ Committee for Civil Rights. In cities like Cincinnati, Columbus and Dayton blacks voted early in numbers far exceeding their percentage of the population.
There’s an important backstory here. Early voting became a critical reform in Ohio after the disastrous 2004 election. Once Democrats and minority groups began using it in large numbers, Republicans repeatedly tried to curb early voting. As I’ve previously reported:
In 2004, Ohio had the longest lines in the country on Election Day, with some voters—particularly in large urban areas—waiting as long as seven hours to vote. A DNC survey estimated that 174,000 Ohioans—3 percent of the state’s electorate—left without voting. George W. Bush won the state by just 118,000 votes.
In response to the long lines, Ohio adopted thirty-five days of early voting in 2008, including on nights and weekends. But following the large Democratic turnout in 2008, Ohio Republicans drastically curtailed early voting in 2012 from thirty-five to eleven days, with no voting on the Sunday before the election, when African-American churches historically rally their congregants to go to the polls. Voting rights activists subsequently gathered enough signatures to block the new voting restrictions and force a referendum on Election Day. In reaction, Ohio Republicans repealed their own bill in the state legislature, but kept a ban on early voting three days before Election Day (when 98,000 Ohioans voted in 2008), adding an exception for active duty members of the military, who tend to lean Republican.
These cuts disproportionately impacted black voters, who made up a majority of early voters in large urban areas like Cleveland’s Cuyahoga County and Dayton’s Montgomery County in 2008. Ohio Republicans brazenly tried to cut early voting hours in Democratic counties while expanding them in Republican ones. GOP leaders admitted the cuts in Democratic counties were motivated by racial politics. “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban—read African-American—voter-turnout machine,” said Doug Preisse, the GOP chair in Columbus’s Franklin County.
These voter suppression efforts backfired in 2012. The Obama campaign successfully sued to reinstate early voting on the three days before Election Day (although Secretary of State Jon Husted limited the hours) and the overall share of the black electorate increased from 11 percent in 2008 to 15 percent in 2012.
Despite the public and legal backlash, Ohio Republicans pressed ahead with early voting cuts in 2013. Now they’ve lost in court, again. (Some Ohio Republicans are also trying to pass a new voter ID law. Nine hundred thousand Ohioans, including one in four African-Americans, don’t have a government-issued ID).
Judge Economus’s ruling could have broad significance. Ohio is once again a critical swing state in 2014, with competitive races for governor and secretary of state.
More broadly, the courts are split over how to interpret the remaining provisions of the Voting Rights Act in the wake of the Supreme Court’s gutting a key part of the law last June. This is the first time a court has struck down limits on early voting under Section 2 of the VRA. A Bush-appointed judge recently denied a preliminary injunction to block North Carolina’s cuts to early voting and the elimination of same-day registration, a lawsuit similar to the one in Ohio. A Wisconsin judged blocked the state’s voter ID law under Section 2, while a similar trial is currently underway in Texas.
As Rick Hasen points out, we still don’t know if the courts will consistently stop new vote denial efforts like voter ID and cuts to early voting. And the Roberts Court could very well overturn any good precedents in the lower courts.
The Ohio ruling is an important voting rights victory. But it won’t be the last word.
By: Ari Berman, The Nation, September 4, 2014
“When Democracy Works”: The GOP’s Fear Of Higher Voter Turnout
It is rare for a politician to publicly deride efforts to boost voter turnout. It is seen as a taboo in a country that prides itself on its democratic ideals. Yet, New Jersey governor Chris Christie last week slammed efforts to simplify voter registration.
Referring to Illinois joining other states — including many Republican-led ones — in passing a same-day voter registration law, Christie said: “Same-day registration all of a sudden this year comes to Illinois. Shocking. It’s shocking. I’m sure it was all based on public policy, good public policy to get same-day registration here in Illinois just this year, when the governor is in the toilet and needs as much help as he can get.”
Christie was campaigning for Illinois GOP gubernatorial candidate Bruce Rauner, who is challenging Democratic incumbent governor Pat Quinn, who signed the same-day registration bill into law in July.
Christie, who chairs the Republican Governors Association, denounced the effort to boost voter turnout as an underhanded Democratic tactic, despite the Illinois State Board of Elections being composed equally of Democrats and Republicans. Referring to the same-day voter initiative, Christie said Quinn “will try every trick in the book,” according to the Chicago Sun-Times. Christie said the program is designed to be a major “obstacle” for the GOP’s gubernatorial candidates.
The trouble with such rhetoric — beyond its anti-democratic themes — is its absurd assertions about partisan motives. After all, many of the 11 states with same-day registration laws currently have Republican governors.
In reality, same-day registration is all about turnout, not partisanship. According to data compiled by the think tank Demos, average voter turnout is more than 10 percent higher in states that allow citizens to register on the same day they vote. Demos also notes that “four of the top five states for voter turnout in the 2012 presidential election all offered same-day registration.” There was some evidence in Wisconsin that same-day registration boosted Democratic turnout, but the Wisconsin State Journal of Madison reports that “Republican areas also saw heavy use of the state’s last-minute registration law.” The registration system been also been adopted by such deeply Republican states as Wyoming, Idaho and Utah.
Unlike Christie, most Republicans who have fought voter turnout efforts like same-day registration have argued that same-day registration would increase voter fraud. This has allowed the GOP to position itself as battling crime — not as trying to block legal voters. But the GOP has been unable to substantiate that voter-fraud claim, and there is overwhelming evidence to the contrary.
Demos, for example, surveyed data from six states with same-day registration and found that “there has been very little voter fraud in [same-day registration] states over the past several election cycles.” In GOP-dominated North Dakota — which requires no voter registration at all — Secretary of State Alvin Jaeger, a Republican, reported that “voter fraud has not been widespread in North Dakota” and that there have been “very few known incidents of voter fraud” in the state.
Those findings confirm a recent analysis of primary, general, special and municipal elections by Loyola University professor Justin Levitt. He found that since 2000, more than a billion ballots have been cast in the United States and there have been just 31 credible incidents of voter fraud.
In light of that data, Republican efforts to prevent same-day registration and preclude voting betray a fear that has nothing to do with voter fraud and everything to do with political power. Essentially, the GOP fears that when more Americans exercise their basic democratic rights, Republicans may have less chance of winning elections.
By: David Sirota, Senior Writer, International Business Times; The National Memo, September 5, 2014
“An Affront To Democracy In Ohio”: It Appears Ohio Republicans Didn’t Get The Message
About a month ago, President Obama’s non-partisan commission on voting issued a detailed report, urging state and local election officials to make it easier for Americans to access their own democracy.
It appears Ohio Republicans didn’t get the message. Zachary Roth reports:
On party lines, the [Ohio state] House voted 59-37 to approve a GOP bill that would cut six days from the state’s early voting period. More importantly, it would end the so-called “Golden Week,” when Ohioans can register and vote on the same day. Same-day registration is among the most effective ways for bringing new voters into the process, election experts say.
The House also voted by 60-38 to approve a bill that would effectively end the state’s successful program of mailing absentee ballots to all registered voters. Under the bill, the secretary of state would need approval from lawmakers to mail absentee ballots, and individual counties could not do so at all. Nearly 1.3 million Ohioans voted absentee in 2012. The bill also would make it easier to reject absentee ballots for missing information.
The Senate quickly approved minor changes to both bills and sent them to the desk of Gov. John Kasich, a Republican, who is expected to sign them.
At the same time, Ohio Democrats spearheaded a new “Voters’ Bill of Rights,” intended to expand early voting and make it harder to disqualify ballots, among other things. Proponents hoped to put the measure on the ballot as a proposed constitutional amendment, but state Attorney General Mike DeWine (R) announced this week that he’s blocking the effort, citing what he called “misrepresentations” in the text of the proposed amendment.
In an editorial published before yesterday’s votes in the legislature, the Cleveland Plain Dealer argued, “Ohio House Republicans appear poised to pass two measures that, disguises aside, aim to limit voting by Ohioans who might vote for Democrats. That’s not just political hardball. It’s an affront to democracy. Voting is supposed to be about holding elected officials accountable. They won’t be, though, if those same officials massage Ohio law to, in effect, pick their own voters.”
In the larger context, let’s not forget Ohio’s recent history. A decade ago, during the 2004 elections, the state struggled badly with long voting lines, so state policymakers decided to make things better. And in 2008, Ohio’s voting system worked quite well and voters enjoyed a much smoother process.
So smooth, in fact, that Ohio Republicans have worked in recent years to reverse the progress. I’m reminded of Rachel’s segment from Nov. 20 of last year.
“[T]his is not a hypothetical thing in Ohio. The state has a really recent history of it being terribly difficult to vote in heavily populated, especially Democratic-leaning parts of the state. It was really bad in ‘04, and they fixed that problem by making changes like expanding early voting so the lines wouldn’t be so long on Election Day. About a third of Ohio voted early last year. It is much easier to do that.
“And the fact that so many people like early voting and are thereby finding their ways to the polls, that, of course, is a problem for Ohio Republicans. And so, Ohio Republicans moved to break that system again, to go back to the old broken system that didn’t work before. Today, Ohio Republicans voted to cut back early voting by six full days in Ohio. They’re also voting to end same day voter registration, to make it harder to get your vote counted if you have to cast a provisional ballot, and they’re considering cutting back on the number of voting machines at the polls.
“Yes, we’ve always had way too many of those. Your state government at work, Ohio. You’re hoping that your local state legislator would go to Columbus and start working overtly to make the process of voting a lot harder and a lot slower for you? Congratulations, if you voted for a Republican, you got what you paid for.”
By: Steve Benen, The Maddow Blog, February 20, 2014
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