“It’s Not Just Freaks”: Who’s Affected By Pennsylvania’s Voter-ID Law?
The ACLU’s smart lawsuit shows it’s not just freaks who don’t have government-issued identification.
As the first big lawsuit against the Pennsylvania’s voter-ID law starts its third day at trial, arguments about the legality of the law have focused largely on who’s impacted by it. First, the secretary of the commonwealth estimated as many as 758,000 Pennsylvanians lacked the most common form of ID—those issued by the state Department of Transportation. A political scientist’s study showed that number to be around a million. Either way, it’s a lot of people, and we know a disproportionate number of them are poor, nonwhite, and elderly.
Still, those supporting strict voter-ID laws, which require citizens to show government-issued identification before voting, often cast suspicion on anyone without an ID. They argue that you need photo identification for pretty much anything these days, and people without them must be freaks or criminals—people we don’t want voting anyway. Republican Texas state Representative Jose Aliseda exemplifies this position; he recently said that anyone lacking a photo ID is probably in the country illegally or a recluse like the Unabomber.
In response, the ACLU, along with the other groups involved, made a brilliant move to publicize the stories of the ten plaintiffs. They’ve written up summaries of each person’s plight, made videos, and pushed the stories in the press. Those wondering just who these strange people without ID are getting an answer: Quite a few are little old ladies.
Of the ten people in the lawsuit, five are over 80. The chief plaintiff, Viviette Applewhite, is 93, and arrived in court in a wheelchair wearing “a gray sweater and a white lace hat,” according to Reuters. She was a civil-rights activist who marched in Macon, Georgia, with Martin Luther King, but even with all the time between now and the election, she’s probably not going to be able to get the necessary ID. Applewhite, who does not drive, took her husband’s name. That is the name she had on her Social Security card. But when her purse was stolen, the only document that she could get was a birth certificate—with her maiden name. Applewhite had a common-law marriage, so there’s no document to account for the mismatched name.
Applewhite isn’t the only elderly woman on the plaintiff list. There’s also Joyce Block, a spring chicken at 89, whose Social Security card and birth certificate were in her maiden name while her voter registration was in her married name. Block’s marriage certificate is in Hebrew and apparently the the clerks at the DMV were a little rusty in their ancient languages—they said the certificate could not be used as a proof of name change. Several of the other octogenarians in the case could not get copies of their birth certificates (necessary to get the IDs) because the state where they were born does not issue them.
Of course, older ladies aren’t the only ones in the lawsuit or the only ones with powerful stories. There’s Grover Freeland, a veteran whose only photo ID is his veteran’s card, issued by the U.S. Department of Veterans Affairs. But that card is not an acceptable form of ID under the Pennsylvania law. The ten plaintiffs all have different reasons why they cannot get an ID, but almost all of them are regular voters who now stand to lose their ability to cast a ballot.
Voting is a citizen’s fundamental duty and right, and those who fall outside of the mainstream have just as much of a right to vote as the mainstream. However, for the purposes of winning public support in this case, the ACLU was smart to choose and highlight relatable people who are impacted by the law. As with Republicans’ claims that voter ID laws were motivated purely by the need to cut down on voter fraud (which is virtually nonexistent), their claim that there’s something downright weird about people who lack photo IDs is now being exploded.
By: Abby Rapoport, The American Prospect, July 27, 2012
“Texas’ Poll Tax In Disguise”: A Republican Voter Exclusion Campaign
In 1964, the American people enacted the 24th Amendment, to prevent the exclusion of the poor from the ballot box. In his speech last week at the NAACP convention, U.S. Atty. Gen. Eric H. Holder Jr. wasn’t indulging in election-year rhetoric when he condemned Texas’ 2011 voter photo identification law as a poll tax that could do just that. He was speaking the hard legal truth.
The Justice Department would be right to challenge this new law as an unconstitutional poll tax. The department has temporarily blocked the Texas law under special provisions of the Voting Rights Act that prevent states with a history of discrimination from disadvantaging minority groups. But the
attorney general should go further and raise a 24th Amendment challenge against Texas and other states that are joining the effort to bar the poor from the polls. This exclusionary campaign should not be allowed to destroy a great constitutional achievement of the civil rights revolution.
The 24th Amendment forbids the imposition of “any poll tax or other tax” in federal elections. Texas’ law flatly violates this provision in dealing with would-be voters who don’t have a state-issued photo ID. To obtain an acceptable substitute, they must travel to a driver’s license office and submit appropriate documents, along with their fingerprints, to establish their qualifications. If they don’t have the required papers, they must pay $22 for a copy of their birth certificate.
If they can’t come up with the money for the qualifying documents, they can’t vote. But the 24th Amendment denies states the power to create such a financial barrier to the ballot box.
Texas’ violation is particularly blatant. In drafting its law, the Legislature rejected a provision that would have provided free copies of the necessary documents. Rather than paying for this service out of the general revenue fund, it chose to disqualify voters who couldn’t pay the fee. This is precisely the choice forbidden by the Constitution.
The 24th Amendment doesn’t only invalidate the $22 tax. Texas also can’t impose unnecessarily arduous certification procedures. The Supreme Court took up this issue shortly after the amendment was ratified in 1964. The state of Virginia had told its citizens they could avoid its $1.50 poll tax only if they filed a formal certificate establishing their residency. Lars Forssenius and others refused to comply, and a near-unanimous Supreme Court in 1965 agreed with them. Chief Justice Earl Warren wrote in the ruling that the state’s administraton of its residency certificate requirement was a “real obstacle to voting in federal elections” that “abridged” the franchise. He emphasized that constitutional end-runs were not permitted. “For federal elections,” he explained, “the poll tax is abolished absolutely as a prerequisite to voting, and no equivalent or milder substitute may be imposed.”
This broad functional view of taxation is firmly rooted in our constitutional tradition. In his recent opinion in the healthcare case, for example, Chief Justice John G. RobertsJr.adopted the same approach in finding that the “penalty” imposed by the Affordable Care Act was the functional equivalent of a tax.
But in Warren’s ruling, the same broad approach to taxation led to a very different conclusion. Unlike Roberts, Warren was not marking out the boundaries of congressional power. He was restricting the power of the states to impose unnecessary administrative barriers that were the functional equivalents of poll taxes.
Applying Warren’s approach to the present day has large practical implications. The estimated number of registered voters in Texas without valid IDs ranges from 167,000 (according to the state) to more than 1 million (according to the federal government). The Justice Department also emphasizes that minority groups are disproportionately affected. What is more, 10 other states have passed similar laws in the last two years alone. All these statutes raise fundamental problems under the 24th Amendment.
Curiously, these problems have been overlooked in the escalating wave of challenges to this recent round of exclusionary legislation. Civil rights lawyers have focused instead on more familiar texts such as the Voting Rights Act and the 14th Amendment. Though these provisions are important, they were created in response to a host of other issues. The poll tax amendment, in contrast, was focused on the very problem that now threatens again to undermine our democracy: imposing costs on the poor that prevent them from voting.
The attorney general was right to recall the amendment from legal obscurity, and to insist that we remember the determined effort by the civil rights generation to end this disgraceful practice forever.
By: Bruce Ackerman and Jennifer Nou, The Los Angeles Times, July 15, 2012
“Wrong Kind Of People”: The GOP’s Crime Against Voters
Spare us any more hooey about “preventing fraud” and “protecting the integrity of the ballot box.” The Republican-led crusade for voter ID laws has been revealed as a cynical ploy to disenfranchise as many likely Democratic voters as possible, with poor people and minorities the main targets.
Recent developments in Pennsylvania — one of more than a dozen states where voting rights are under siege — should be enough to erase any lingering doubt: The GOP is trying to pull off an unconscionable crime.
Late last month, the majority leader of the Pennsylvania House of Representatives, Mike Turzai, was addressing a meeting of the Republican State Committee. He must have felt at ease among friends because he spoke a bit too frankly.
Ticking off a list of recent accomplishments by the GOP-controlled Legislature, he mentioned the new law forcing voters to show a photo ID at the polls. Said Turzai, with more than a hint of triumph: “Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania — done.”
That’s not even slightly ambiguous. The Democratic presidential candidate has won Pennsylvania in every election since 1992. But now the top Republican in the Pennsylvania House is boasting that, because of the new voter ID law, Mitt Romney will defy history and capture the state’s 20 electoral votes in November.
Why on earth would Turzai imagine such a result? After all, the law applies to all voters, regardless of party affiliation. It is ostensibly meant only to safeguard the electoral process and eliminate fraud. Why would a neutral law have such partisan impact?
Thanks to figures released last week by state officials, we know the answer. It turns out that 758,939 registered Pennsylvania voters do not have the most easily obtained and widely used photo ID, a state driver’s license. That’s an incredible 9.2 percent of the registered electorate.
Most of the voters without driver’s licenses live in urban areas — which just happen to be places where poor people and minorities tend to live. More than 185,000 of these voters without licenses, about one-fourth of the total, live in Philadelphia — which just happens to be a Democratic stronghold where African Americans are a plurality.
Could suppressing the urban minority vote really give Pennsylvania to Romney? It probably wouldn’t have made a difference in 2008, when Obama trounced John McCain handily. But the statewide contest is often much closer — and turnout in Philadelphia typically is key to a Democratic candidate’s prospects. In 2004, for example, John Kerry’s margin over George W. Bush in the state was a mere 144,248.
Perhaps these numbers are so intoxicating that Turzai forgot the cover story about how voter ID is supposed to protect the franchise rather than selectively restrict it. His spokesman later explained that Turzai meant “the Republican presidential candidate will be on a more even keel thanks to voter ID” — in other words, there will be a level playing field once the new law eliminates all that pesky voter fraud.
That might be reasonable, except for one fact: There’s no fraud to eliminate.
Prodded by GOP political activists, the Justice Department under Bush conducted an extensive, nationwide, five-year probe of voter fraud — and ended up convicting a grand total of 86 individuals, according to a 2007 New York Times report. Most of the cases involved felons or immigrants who may not have known they were ineligible to vote.
Not one case involved the only kind of fraud that voter ID could theoretically prevent: impersonation of a registered voter by someone else. Pennsylvania and other voter ID states have, in essence, passed laws that will be highly effective in eradicating unicorns.
The Pennsylvania law and others like it are under attack in the courts; this week, a federal three-judge panel in Washington is hearing arguments on Texas’s year-old law, with a ruling expected next month. Meanwhile, Michigan Gov. Rick Snyder, a conservative Republican, broke with orthodoxy last week and vetoed bills that would have toughened an existing voter ID statute. Maybe the tide is turning. If it doesn’t, these laws will potentially disenfranchise or discourage millions of qualified voters.
In a previous column, I wrote that voter ID was a solution in search of a problem. I was wrong: The problem seems to be that too many of the wrong kind of voters — low-income, urban, African American, Hispanic — are showing up at the polls. Republican candidates have been vowing to “take back” the country. Now we know how.
By: Eugene Robinson, Opinion Writer, The Washington Post, July 9, 2012
“A Test Of Ideology”: How Far Will Republicans Go To Deny Healthcare
Texas has a higher proportion of its population living without health insurance than any other state. But like many other states with lots of poor people, it has the misfortune of being governed by Republicans. That explains why yesterday, Governor Rick Perry announced that the state will refuse to accept the federal money offered for expanding Medicaid eligibility to everyone who makes up to 133 percent of the federal poverty level. Perry says that this expansion of Medicaid, which is almost entirely paid for by the federal government, will nevertheless bankrupt the state and put the oppressive boot on the necks of Texans. So he’s happy to keep 25 percent of his population uninsured.
In case you’re wondering, Texas currently sets eligibility for Medicaid at 26 percent of the federal poverty level, which means that if you earn more than $6,000 a year for a family of four, you’re not eligible. That’s not a typo. Six thousand dollars a year for a family of four is what the state of Texas considers too rich to get on Medicaid. Look down the list of eligibility levels, and you find that only Alabama, Arkansas, Indiana, and Louisiana set their eligibility lower. It is just so weird how those poor Southern states are the stingiest with health-care benefits, isn’t it?
It’s possible that eventually, Texas and the other states will come around to the expansion of Medicaid. Sarah Kliff explains how this happened with Medicaid’s enactment in the 1960s and the Children’s Health Insurance Program (CHIP) in the 1990s; conservatives initially resisted, but the money and the opportunity to insure their population eventually became irresistible. One of the key factors then and now is the presence of organized, influential interest groups—particularly the hospitals that have to deliver uncompensated care to the uninsured, costing them billions—that can exert their influence on the government’s decisions.
But the Republicans who resisted and then gave in were different from the Republicans of today, and this will be a test of just how far they’ll go to make a statement about their hatred of the federal government in general and their hatred of Barack Obama in particular. Today’s Republicans are the ones who would turn down a deal offering ten dollars of spending cuts for one dollar of tax increases. But that was a hypothetical question, and this question is very real. There are actual human beings whose lives are at stake. I’d love to hear someone ask Rick Perry this question: Which do you think is worse, someone living without health insurance, or someone getting health insurance through a government program? I’m not sure what he’d say, but his actions say quite clearly that he’d prefer that the person have no health insurance. Of course, we’re not talking about him personally, or his kids, or anybody he knows having to go without insurance. We’re talking about poor people. So screw them.
By: Paul Waldman, Contributing Editor, The American Prospect, July 10, 2012
“Decimation Of Health Care For The Poor And Uninsured”: Mitt Romney Puts Women’s Lives At Risk
If you want to see what women’s health care in America will be like if Mitt Romney becomes president, just look at Texas and Arizona.
Both states are in the news these past few weeks for trying to prevent women from getting health care at Planned Parenthood. It’s wrong, and it will have devastating consequences for women for years to come—and Mitt Romney wants to do it in all 50 states.
Romney said in November that he wants to eliminate the nation’s family-planning program, which was signed into law by President Richard Nixon in 1970 and provides essential preventive health services to more than 5 million people a year, the vast majority of whom are poor and uninsured.
Beyond the millions of people who are helped by this health-care program, investing in family planning saves the government money—for every dollar spent on family planning, experts say taxpayers save around $4.
Romney said in March that, if elected president, he would “get rid of” Planned Parenthood. He clarified his remarks to say he would end federal funding for Planned Parenthood. Either way, he would seek to dismantle a nationwide network of community-based health centers that one in five American women rely on for care at some point in their lives.
This isn’t about abortion. These health-care programs provide blood pressure and cholesterol monitoring, flu shots, breast-cancer screenings, Pap tests, and birth control. Planned Parenthood is the only medical care many women receive all year.
Michele Azzaro knows what Mitt Romney’s America would look like—because she’s already experiencing it in Texas.
Azzaro has been a Planned Parenthood patient in Dallas for more than 20 years. Planned Parenthood was there when she had a breast-cancer scare, and her local health center has been there when she needs her yearly cholesterol test.
Last year, Texas drastically cut its family-planning funding, the same way Mitt Romney says he would cut federal funding. Michele lost access to annual breast screenings and the birth-control pills she needs to manage her painful uterine fibroids.
She isn’t alone.
An estimated 160,000 women lost their health care when Texas slashed its family-planning program last year. Now, the state is trying to throw more women off health care by taking Planned Parenthood out of the state’s Women’s Health Program. Planned Parenthood health centers provide care to 52,000 women in the program.
Texas’s program provides low-income working women in Texas with lifesaving cancer screenings, well-woman exams, contraception, screenings for diabetes and high blood pressure, and testing for sexually transmitted infections. The program was sponsored and implemented by Republicans less than a decade ago—an indication of how far to the right some in the party have gone in just a few years.
Planned Parenthood sued the state in federal court in order to continue providing these critical health services to women, and last week a federal appeals court blocked the state’s effort to deny women the health care they rely on at Planned Parenthood while the lawsuit proceeds.
Meanwhile, Arizona Gov. Jan Brewer recently signed legislation that cuts state funding for Planned Parenthood’s preventive care. The new law could cut 4,000 women off from the health care they need.
What’s happening in Texas and Arizona isn’t about Planned Parenthood. It’s about Michele Azzaro—and the 3 million people a year who rely on us for cancer screenings, birth control, and well-woman exams.
Our patients aren’t making a political statement when they come to Planned Parenthood. But they’re not afraid to make a political statement to keep the health care they rely on when they vote in November.
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