“Ohio’s War On Voting Intensifies”: The Kind Of Moves Official’s Make When They Want Fewer Voters
In advance of the 2012 elections, Ohio Secretary of State Jon Husted (R) launched an aggressive campaign against early voting, most notably targeting Sunday voting, for reasons he struggled to explain. The efforts ultimately failed, however, when federal appeals courts intervened to protect Ohioans voting rights against Husted’s policy.
Zachary Roth has been keeping a close eye on developments in the Buckeye State, where Husted is apparently picking up where he left off two years ago.
Ohio Secretary of State Jon Husted announced Tuesday he is cutting early voting on Sundays and weekday evenings, dealing another blow to the voting rights effort in the nation’s most pivotal swing state.
Husted’s change would spell doom for a voting method that’s popular among African-Americans in Ohio and elsewhere. Many churches and community groups lead “Souls to the Polls” drives after church on the Sunday before the election.
There’s little doubt that cuts to early voting target blacks disproportionately. In 2008, black voters were 56% of all weekend voters in Cuyahoga County, Ohio’s largest, even though they made up just 28% of the county’s population.
Mike Brickner, a spokesperson for the Ohio American Civil Liberties Union, told msnbc, “By completely eliminating Sundays from the early voting schedule, Secretary Husted has effectively quashed successful Souls to the Polls programs that brought voters directly from church to early voting sites.”
In the larger context, it’s worth keeping two angles in mind. First, there’s simply no reason to impose these new voting restrictions on Ohio. Second, this is only part of an even broader campaign against voting rights launched by Republican officials in the state.
On the former, those who support voting restrictions usually argue the measures are necessary to prevent “voter fraud.” The argument is a rather transparent fig leaf – the fraud scourge is generally limited to the imaginations of conservative activists – but that’s their story and they’re sticking to it.
But going after early voting is something else entirely because it has nothing to do with the fear of fraud. If an Ohioan can legally cast a ballot, it shouldn’t matter whether he or she votes on Election Day Tuesday or the Sunday before. The only reason to close the early-voting window is to discourage participation – it’s the kind of move an official makes if he or she wants fewer voters.
As for the larger “war on voting,” Ohio Republicans have kept their foot on the gas. Just last week, GOP policymakers in the state ended the so-called “Golden Week,” when Ohioans can register and vote on the same day, while at the same time, making it harder for voters to receive absentee ballots.
As we discussed last week, Ohio’s recent voting history matters. 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.
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.
Perhaps Ohio Republicans missed the message?
By: Steve Benen, the Maddow Blog, February 26, 2014
“A Failure Of Democracy”: Judge Richard Posner’s Unforced Error On Voter ID And Non-Existent Voter Fraud
Two weeks ago, Richard Posner, one of the most respected and iconoclastic federal judges in the country, startled the legal world by publicly stating that he’d made a mistake in voting to uphold a 2005 voter-ID law out of Indiana, and that if he had properly understood the abuse of such laws, the case “would have been decided differently.”
For the past ten days, the debate over Judge Posner’s comments has raged on, even drawing a response from a former Supreme Court justice.
The law in question requires voters to show a photo ID at the polls as a means of preventing voter fraud. Opponents sued, saying it would disenfranchise those Indianans without photo IDs — most of whom were poor, elderly, or minorities. State officials said the law was necessary, even though no one had ever been prosecuted for voter fraud in Indiana.
Judge Posner claimed, during an Oct. 11 interview with HuffPost Live, that at the time of the ruling, he “did not have enough information … about the abuse of voter identification laws” to strike down the Indiana statute. But he also said the dissenting judge on the panel, Terence Evans, had gotten it “right” when he wrote that the law was “a not-too-thinly-veiled attempt to discourage election-day turnout” by certain voters who tended to vote Democratic. (It was passed on a straight party-line vote by a Republican-controlled legislature.)
Last Thursday, former Supreme Court Justice John Paul Stevens sounded several of the same notes, telling the Wall Street Journal that while he “isn’t a fan of voter ID,” his own 2008 opinion upholding Judge Posner’s ruling was correct — given the information available at the time. Incidentally, Justice David Souter dissented for roughly the same reasons as Judge Evans, and Justice Stevens now says that “as a matter of history,” Justice Souter “was dead right.”
But all the judges had the same record in front of them at the time. So what information did the dissenters rely on that Judge Posner and Justice Stevens did not? That’s the question raised in a smart critique by Paul M. Smith, who argued the plaintiffs’ case before the Supreme Court.
Mr. Smith pointed out that there was never any doubt the law would make voting harder for potentially tens of thousands of voters, and that the plaintiffs submitted numerous affidavits from voters who explained how they would be harmed by the law. Even if the actual number was lower, it was certainly higher than zero, which is the number of voter-fraud incidents recorded in Indiana when the law was enacted.
In other words, both the Seventh Circuit and the Supreme Court got the balance of burdens wrong, as Indiana University law professor Fran Quigley rightly noted. Given that voting is a fundamental right, Quigley wrote, “the burden should have been on the State of Indiana to prove the law was necessary, not the challengers to prove how it would trigger abuse.”
Judge Evans put it more pungently in his 2007 dissent, saying the law was effectively using “a sledgehammer to hit either a real or imaginary fly on a glass coffee table.”
Rather than acknowledge this reality, Judge Posner’s original opinion dismissed the importance of the voters’ claims, contending that since no election gets decided by a single vote, the “benefits of voting to the individual voter are elusive.”
That bizarre logic suggests that the judge’s problem was not a lack of information, but what former White House counsel Bob Bauer called “a failure of democratic imagination.”
Particularly in light of the Supreme Court’s decision in June gutting the Voting Rights Act, it would be nice if Judge Posner extended his fuller understanding of the true nature of voter-ID laws to his legal opinions, and not simply to online interviews.
By: Jesse Wegman, Editors Blog, The New York Times, October 22, 2013
“Preventing Access To The Ballot Box”: Polling Disenfranchisement Will Be More Difficult To Flag
Time for everyone to step away from their respective ledges.
A few days have passed since the U.S. Supreme Court ruled on one of the most effective pieces of civil rights legislation ever passed, the Voting Rights Act of 1965.
Some of the kneejerk liberal oratory, the gnashing of teeth, is completely out of step with reality. The court’s decision does not signal a slippage to Jim Crow antics like poll taxes and hatred so violent that merely registering a black person to vote could lead to murder.
Likewise, conservatives would do well to cease gloating about the landmark ruling that nullified an important part of the Act. After all, it’s not like the court found that the nine states and portions of six others receiving extra scrutiny have become bastions of free and equal treatment for all voters.
In fact, records compiled for Congress the last time it renewed the Voting Rights Act in 2006 reflect many examples of disparate impacts for voters in recent years.
Clearly, a black man in the White House does not mean the nation has eradicated discriminatory problems in voting, intentional or not.
The problem now is Congress.
Congress needs to rewrite the guidelines nullified by the ruling to consider new situations across the United States. Supreme Court Chief Justice John Roberts tried to nudge toward that goal in the ruling.
Dramatic demographic shifts necessitate it. New populations of voters not fully considered in 1965 such as Hispanics, Asians and increasing numbers of less mobile elderly are bringing new challenges to ensuring access to the polls.
The Court’s 5-4 ruling in Shelby v. Holder made irrelevant a portion of the law initially intended to halt the horrific abuses of the civil rights era.
Alabama’s Shelby County challenged a section of the Voting Rights Act that mandated so-called pre-clearance standards. Most of the states and some of jurisdictions covered are in the South. Under Section 5 of the Voting Rights Act, they must first receive the federal government’s permission before redrawing legislative maps, shifting polling places or enacting new rules on voter identification.
These jurisdictions must prove to the Justice Department or a panel of federal judges that planned changes will not have a discriminatory effect.
Problem was, the areas were chosen by past abuses. Too far in the past, the court decided, nullifying the formula used to determine who is covered.
The court wants Congress to readdress the formula, using more current voting patterns. Congress failed to do that the last time the Voting Rights Act was renewed.
The Justice Department can and will still pursue abuses. They’ll be busy.
Accessibility to the ballot box is under assault in America. Legislatures nationwide are passing changes to voting laws, often under the guise of stopping voter fraud.
Repeatedly, politicians pushing for the measures cannot prove fraud exists. Often, they are mislabeling database errors as fraud. Problems like two people with the same name, inaccurate data entry of addresses or birthdays. The glitches need to be eliminated; new technology can be employed.
But the goal should always be increasing access for eligible voters, not making reaching the ballot box unnecessarily more difficult — and often placing that burden on older, poorer and minority voters.
Here is the thing.
Areas affected by pre-clearance standards could have been exempted from scrutiny years ago. All they needed to do was keep a clean slate, not have any violations for 10 consecutive years. This process, called “bailout,” is included in the act.
But problems continued. Most of the jurisdictions never met that mark.
No, they had to wait until a conservative-leaning court cut them some slack.
And now an ineffective Congress will make it that much more difficult to flag modern-era abuses.
By: Mary Sanchez, The National Memo, July 1, 2013
“The Sound of Crickets”: Conservative Sites Silent About GOP Voter-Registration Fraud
What began last week as a trickle—a report from the Palm Beach Post that the Florida Republican Party was cutting ties with a firm that turned in “questionable” voter-registration forms in one county—has now grown into a pretty ugly flood. Turns out the Florida GOP paid the firm, Strategic Allied Consulting, to do voter registration, while the Republican National Committee paid the same firm millions to register voters in four other battleground states: Virginia, North Carolina, Nevada, and Colorado. The group allegedly submitted forms with dead voters’ information and fake information—and in some cases, may have changed voters’ party affiliations to Republican without alerting the voters. More disturbing, the firm the Republicans were paying, Strategic Allied Consulting, is one of several that GOP consultant Nathan Sproul has run over the last decade. Along the way, Sproul’s companies have been accused of everything from refusing to register Democratic voters to shredding the voter-registration forms of Democrats. Yet Sproul continued to get lucrative contracts from the GOP. And the conservative media has had precious little to say about it.
Josh Marshall called the news a “thunderclap of schadenfreude” and it’s hard to think of a more apt description. Republicans and their media backers have long criticized mass voter-registration drives, often pushed by progressive—if not necessarily partisan—groups. The 2008 ACORN voter registration non-scandal has been a cultural touchstone for the right. But what’s alleged against Sproul and Srategic Allied Consulting is is far more serious.
ACORN’s 2008 situation revealed problems not unusual to mass voter-registration drives. First, hundreds of thousands of voter-registration forms turned out to be duplicates; the voters were already registered and for whatever reason—likely because they weren’t sure—filled out a form anyway. That lead to hundreds of thousands of forms being rejected. Meanwhile, some paid canvassers faked voter-registration forms, filling them out for Mickey Mouse or John Smith. ACORN’s organizers flagged problematic ballots and turned information over to the authorities. In the end, several employees were charged with forgery. But there was no evidence that ACORN was trying to influence the outcome of an election, nor would any of these incidents result in voter fraud. Even if Mickey Mouse was registered to vote, it hardly means Mickey Mouse could cast a ballot. The canvassers were trying to make an easy buck.
While there’s no evidence that ACORN’s errors had any impact on election outcomes, it didn’t stop the conservative feeding frenzy. Breitbart.com was particularly prolific and, let’s say, creative in its coverage of the non-scandal, with headlines like “ACORN Corruption Runs Deep” and, as ACORN began to shut down, “Gangster Group Will Be Bankrupt Soon But Fake Spinoff Groups Will Carry On the Corruption.” No worries about downplaying the news when a progressive group was involved.
The efforts by the Republican Party and Sproul are significantly more disturbing than ACORN’s error-prone registration cards, primarily because these incidents could affect election outcomes. The consultant, Nathan Sproul, had already established himself as a shady character in 2004, when one of his previous companies, Voters Outreach of America, was accused of major legal violations, including destroying Democrats’ voter-registration forms and refusing to register non-Republicans. By destroying Democratic voter registrations, as Sproul’s group allegedly did, people who believe themselves to be registered could be turned away at the polls. Furthermore, the track record of accusations, including the suspicious forms turned in this year, seem to indicate a top-down policy of the Republican Party more than poor decision-making by some low-level canvassers.
When the news broke, the Republican National Committee ended its relationship with Sproul. But that left an obvious question: If Sproul was accused of such suspicious activities in 2004, why was the RNC still doing business with him? After making a total of $8 million in 2004, Sproul had already made $3 million this year from the RNC alone. (He was also getting six-figure checks from several state parties, as Lee Fang reports.)
But oddly enough, in spite of all the questions this news seems to raise, Nathan Sproul and Strategic Allied Consulting barely seem to exist in the conservative corners of the media. A search at RedState yielded 0 results. So did a search at Breitbart.com. Even Matt Drudge, who never seems to let a juicy headline pass by, ignored one when it came to Sproul and his company—or to this actual evidence of a political party cavorting with genuinely sketchy voter-registration efforts. We must give Tucker Carlson’sThe Daily Caller credit, though: It did run a single republished AP story—one with no mention of Sproul’s long history with the GOP.
Compare that to the number of stories mentioning ACORN over the last four years: RedState has 68, The Daily Caller 128, and Drudge 166. A search for “ACORN” on Breitbart.com, meanwhile, reveals a staggering 1,450 entries.
Given how loudly these media sites have criticized legitimate and non-partisan voter registration drives for mistakes, in some cases effectively ending the efforts with a barrage of negative press, the silence here speaks volumes. Here is an actual example of the activity so many GOP activists are constantly searching for: evidence of voter- registration drives being used for partisan purposes.
But then again, there’s likely no time to write about a genuine case of voter registration manipulation when you’re so busy producing new stories about President Obama’s relation to ACORN, a group that no longer exists, five years after the fact.
By: Abby Rapoport, The American Prospect, October 5, 2012
“Crying Fraud, Then Creating It”: Republicans, The Villains Of Their Own Conspiracy Theories
For once, the Republicans were right.
They have been obsessively claiming that voter-suppression measures are necessary because of widespread “ballot fraud.” However extensive investigations by the mainstream media have shown that ballot-fraud is a convenient myth.
Even the Bush administration, in an extensive five-year search, turned up no evidence of the kind of voting fraud—fake IDs, voting in the name of dead people, folks being bribed to vote—that the Republicans routinely allege. Republicans, evoking the tactics of the pre-civil rights segregationist South, simply want to make it more difficult for people who might support Democrats to exercise their right to vote. Some five million people, mostly minorities and the poor, are at risk of being denied their right to vote in 19 states controlled by Republican governors and legislatures, according to a report from the Brennan Center. Happily, the courts have struck down the most extreme of these measures, in Texas, Ohio, Wisconsin, Florida, and most recently Pennsylvania.
Now, however, Republicans can claim some vindication. Serious voter fraud has emerged in Florida. But the ballot fraud is being perpetrated by Republicans!
The Florida GOP had hired a firm with a very sketchy record, called Strategic Allied Consulting. And guess what? The firm tried to register dead people! It also refused to register live people who tried to register as a Democrat or an independent.
An embarrassed party turned over evidence to state prosecutors and fired the firm.
But, hey, the Republicans should be pleased. They’ve now demonstrated, at long last, that ballot fraud does exist. Of course, the remedy is not suppression of legitimate voting, but prosecution of fraudsters. They seem to exist only on the Republican side.
By: Robert Kuttner, The American Prospect, October 3, 2012
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