“Undermining Democratic Turnout”: The Totally Legal Campaign To Steal 2016
The most striking facet of the Supreme Court’s decision to strike down Texas’ abortion law was how directly it confronted the obvious lie at the heart of the case.
Conservative lawmakers have enacted a sweeping flurry of abortion restrictions at the state level, and justified their policies with a supposed concern for women’s health. It’s such an obvious cover that when the court asked Texas’ lawyers to justify their arguments with empirical data, they had precisely bupkis. The point of these laws is to prevent abortion, women’s health be hanged.
An analogous situation is developing with respect to voting rights, where conservative legislators have also enacted a sweeping set of state-level regulations making it harder to vote and justified them with obvious nonsense about voter fraud. And it’s ready to pay off this year, especially in local elections.
The problem with voter ID laws — the signature conservative vote suppression measure — is that it’s aimed at the most idiotic possible method of stealing an election. Even a small local election is usually decided by hundreds if not thousands of votes, so in order to steal one with fraudulent individual votes, you’d have to get hundreds or thousands of people to commit a very serious felony — with no guarantee that it will actually swing the election.
As any tinpot dictator could tell you, the way to steal an election is by manipulating the central election procedure. Instead of wrangling thousands of random schlubs, you fiddle with the registration lists or the assignation of ballots — or you prevent the enemy party from voting in the first place.
Given the GOP’s other vote suppression measures — like shortening early voting, eliminating night and weekend voting, making it harder to register to vote, and so on, all of which have nothing to do with fraud but disproportionately hit liberal constituencies — undermining Democratic turnout is the obvious motivation behind voter ID and similar policies.
It’s always been unclear whether conservatives were being consciously deceptive about their motives, or had merely convinced themselves of tactically convenient nonsense by constant repetition. But at least some of them were outright lying. Ari Berman at The Nation has the goods, in an extensive report about how GOP vote suppression is paying dividends in Wisconsin:
Schultz asked his colleagues to consider not whether the bill would help the GOP, but how it would impact the voting rights of Wisconsinites. Then-State Senator Glenn Grothman cut him off: “What I’m concerned about is winning. We better get this done while we have the opportunity.” (When asked during the state’s April 5 primary why Republicans would carry Wisconsin in 2016, Grothman, who had since been elected to the U.S. Congress, replied: “Now we have photo ID.”) In a federal voting-rights case, Allbaugh named two other GOP senators who were “giddy” and “politically frothing at the mouth” over the bill. [The Nation]
Make no mistake, this is tantamount to election theft. But since the Supreme Court gutted the Voting Rights Act in 2013, it is all probably legal, and even fairly above board given the number of Republicans who have been caught letting slip the bleeding obvious.
But legal or illegal, there is little difference between falsifying the results of an election and preventing the enemy party’s supporters from voting. Either way American citizens are deprived of their due right to the franchise. And while there is no general constitutional right to vote, given that African-Americans are the most reliable Democratic Party supporters, many of the vote suppression measures are racist in effect and probably in intention, and therefore arguably violations of the 15th Amendment.
None of this is particularly original. Republicans are the direct heirs to the Dixiecrat political tradition, and this batch of vote suppression is a weak echo of the methods by which African-Americans were prevented from voting in the Jim Crow South.
But until Congress can re-protect the franchise, the key question for the future will be whether the Supreme Court will revisit its previous view that the Voting Rights Act is largely outdated and unnecessary. Chief Justice John Roberts came to that view through a tremendous effort of willful ignorance — but subsequent events could not possibly have proved him wrong more decisively. The next time voting rights comes before the court, the need to defend the franchise will be difficult to ignore.
By: Ryan Cooper, The Week, July 5, 2016
“Reach Out And Touch (Somebody’s Hand)”: Why Would It Be Offensive For Hillary Clinton To Woo Republican Voters?
If it wasn’t considered offensive for Barack Obama to woo Republican voters in 2008, why would it be considered offensive for Hillary Clinton to do the same in 2016?
Clinton’s reported effort to attract support from Republicans terrified of Donald Trump is a logically sound decision: heck, it’s Political Strategy 101. It is rational for Clinton to try to reach Republicans when one takes into account the two main obstacles she faces in a general election:
1) The likely suppression of large numbers of Democratic votes, thanks to the Supreme Court’s atrocious 2013 Shelby County v. Holder ruling, which effectively struck down the 1965 Voting Rights Act. As a result of that ruling, numerous states instituted restrictive voter ID laws, with the obvious purpose of blocking access to the polls for those who might find the Democratic Party’s message more palatable. No matter what the polls currently say about Trump’s popularity, Shelby County v. Holder gives Trump an advantage heading into November 8.
2) The bombastic “Bernie or Bust” movement, comprised of self-righteous snobs and egomaniacal elitists who regard Clinton as corporate America’s official escort service, and who turn up their noses in disgust at the thought of supporting a member of the so-called “Democratic establishment.” Many of these folks were the same ones who thought Al Gore was morally inferior to Ralph Nader sixteen years ago; they hate the former Secretary of State just as much as they hated the former Vice President.
In light of these political realities, it’s hard to argue against the logic of Clinton attempting to secure Republican support in the general election. If Clinton can siphon away a significant number of Republican votes to offset the number of Democratic votes she will not receive due to voter suppression and the “Bernie or Bust” movement, wouldn’t it be politically irresponsible for her not to do so?
Of course, some of the Republicans Clinton will try to attract will have to set aside 25 years of anti-Clinton propaganda in order to consider her candidacy. Some will find themselves unable to do so, their minds permanently poisoned by the lies of Limbaugh, the falsehoods of Fox and the BS of Breitbart News. However, if significant numbers of Republicans can come to the realization that human-caused climate change is not a hoax, why can’t significant numbers of Republicans come to the realization that Clinton is not, and never has been, corrupt?
I recognize the main argument against Clinton’s reported strategy, i.e., that it’s ridiculous to ask Republicans to put “country first,” so to speak, when they largely failed to do so in every post-Southern Strategy presidential election prior to 2016. However, the counterargument is that Trump is so uniquely ugly–far more loathsome than Nixon, Ford, Reagan, Bush Sr., Dole, Bush Jr., McCain and Romney combined–that a potentially large percentage of Republicans are now, at long last, open to seeking alternate political routes.
Some of these Republicans willing to cross the aisle will do so gritting their teeth. Consider this snark-filled endorsement of Clinton by former Maryland GOP official Michael Esteve:
I disagree with Hillary on a whole host of issues. She, too, may likely continue to abuse executive authority to circumvent an uncooperative Congress. She may try to curb Second Amendment rights (not without opposition from the likes of me). She may have repulsive political and personal ties and a dubious relationship with the truth.
But, honest to goodness (and I can’t believe I’m saying this), she’s at least surpassed the emotionality of a child. She doesn’t launch into personal tirades over minor slights, or worse yet, press criticism. She doesn’t shift her foreign policy at the drop of a dime, and form policy based on whatever stream of consciousness she’s in at any given moment. She doesn’t share tabloid stories as fact. She doesn’t scapegoat religious minorities for the nation’s woes. She doesn’t praise foreign dictators for strong leadership. She isn’t, in short, emotionally and politically unbalanced.
It’s also worth pointing out that for a Democrat, Hillary isn’t all wrong on the issues. She believes in a balanced approach to disincentivizing short-term thinking on Wall Street. She’s proposing keeping taxes flat for middle income families. Her foreign policy is neither as cavalier as George Bush’s nor as passive as Barack Obama’s.
For all of his sarcasm, Esteve at least understands that Clinton vs. Trump is rationality vs. radicalism, sagacity vs. savagery, analysis vs. anarchy. He at least understands that America under a Trump presidency will quickly move from democracy to dystopia, a vast wasteland of rampant prejudice and economic decline.
If enough Republicans share Esteve’s views–if enough Republicans recognize that the choice between Clinton and Trump is, in essence, a choice between decency and devastation–then Trump’s concession speech on November 8 will be shorter than Romney’s speech was four years ago.
By: D. R. Tucker, Political Animal Blog, The Washington Monthly, May 16, 2016
“The Ghost Of Section 5 Haunts Our Elections”: 2016 Is Proof We Needed The Voting Rights Act
Most political watchers awoke yesterday morning to the news that Eric and Ivanka Trump would be unable to vote for their father in the upcoming New York state primary because they didn’t file as members of the Republican Party by October. This little-known New York rule could have a huge impact on the candidacies of Donald Trump and Bernie Sanders, both of whom are drawing voters from outside the traditional party structure, since 27 percent of the state’s voters are registered outside the Republican and Democratic parties. If they didn’t declare a party affiliation by October 9, they won’t be voting in the state’s primary.
Much of the reaction to the plight of Trump’s children was reflections on the Trump campaign’s disastrous ground game, but that misses the point: vast numbers of voters will be forced to navigate purposefully arcane rules this election season, everything from restrictive voter ID laws to altered voting schedules to decreased numbers of polling places.
Why? The 2016 presidential elections will be the first since the 2013 decision by the Supreme Court to weaken Section 5 of the Voting Rights Act.
Section 5 mandated that states and localities with a history of racial discrimination receive permission from the federal government before enacting any changes to their voting laws; states like Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia, and a variety of other townships and counties around the country.
While Section 5 initially applied to states that imposed restrictive measures such as literacy tests, Congress later expanded the law to jurisdictions with sizable minority populations that used English-only election materials. States were only removed from the pre-approval list after 10 years of by-the-book elections.
Today, the ghost of Section 5 haunts our elections.
In North Carolina, which has been under fire for a variety of issues over the past few years, Republican-backed legislation has “included a reduction in early-voting days and ended same-day registration and preregistration that added teenagers to voting rolls on their 18th birthday.”
Recently in North Carolina, an attempt to gerrymander black voters into large congressional districts (to minimize their overall influence) backfired when it was found in federal court to be discriminatory — five weeks before primary elections for the illegal districts took place. While a separate congressional primary will be held June 7, the mix-up will have a tangible impact on voter turnout, given that people sometimes have to take time off, wait in long lines, and meet registration deadlines to vote.
Another recent example can be found in Arizona, whose presidential primary was a complete disaster, with some voters waiting in line for over five hours. Some didn’t wait around long, leaving without casting a vote at all. In a measure to allegedly cut costs, “election officials in Phoenix’s Maricopa County, the largest in the state, reduced the number of polling places by 70 percent from 2012 to 2016, from 200 to just 60—one polling place per every 21,000 voters,” according to The Nation.
The situation was so dire in other parts of Arizona that people passed out from sunstroke, had their party affiliation allegedly changed from Democrat to Independent, and never received mail-in ballots. Maricopa County was previously one of the counties identified under Section 5 as requiring pre-approval, due to a history of discrimination. Minorities make up 40 percent of the county’s population. Before 2013, Arizona would have had to submit the closing of polling places for review, and likely would have been denied, given Section 5 had previously blocked 22 voting changes from taking effect in Arizona.
Finally, we can also look at the state of Texas, where the state legislature passed a stringent voter ID law following the invalidation of Section 5 that the federal government had previously blocked using the same law. As a result, over 600,000 voters in the state will likely have to go through a more onerous voting registration procedure because they lack one of the forms of ID eligible under that law, if they are able to vote at all. While a federal appeals court ruled in August that the voter ID law had a discriminatory impact, Texas is currently appealing its case to a full appeals court, in the hopes it will not need to change the implementation of the law, which will remain in place as-is while the appeals process continues.
It’s clear that we are missing key protections from Section 5 that would have ensured more reasonable and less discriminatory voting processes at the state and local level. Now that states and localities with a history of discriminatory voting practices don’t need pre-approval to enact changes in their laws, many of them have simply passed the very same laws they were prevented from enacting for decades, and more still have enacted new laws meant to suppress the vote. In 2016, we need the full force of the Voting Rights Act more than ever. In its absence, the integrity the democratic process is in question.
By: Benjamin Powers, The National Memo, April 12, 2016
“Just The Way They Do Business”: The Conservative Go-For-Broke Legal Strategy Suffers A Blow
These days, conservatives don’t suffer too many unanimous defeats at the Supreme Court, even in its currently unsettled status. But that’s what happened today, when the Court handed down an 8-0 ruling in a case called Evenwel v. Abbott, which had the potential to upend an understanding of democratic representation that has existed for two centuries, and give Republicans a way to tilt elections significantly in their favor before anyone even casts a vote.
The conservatives lost. But losing cases like this one is part of the way they do business. With a (usually) friendly Supreme Court, in recent years they’ve employed a strategy of maximal legal audacity, one that has yielded tremendous benefits to their cause.
This case was a relatively low-profile part of a comprehensive conservative assault on voting rights — or perhaps it’s more accurate to call it an assault on the ease with which people who are more likely to vote Democratic can obtain representation at the ballot box. The question was about how state legislative districts are drawn, and the principle of “one person, one vote.” We’ve long had a legal consensus that all districts in a state have to be approximately the same size, to give everyone equal representation; a state legislature can’t draw one district to include a million people and another district to include only a thousand (although you might point out that we do have a legislative body that violates this principle; it’s called the United States Senate, where Wyoming gets one senator for every 300,000 residents and California gets one senator for every 20 million residents).
The plaintiffs in Evenwell argued that instead of using population to draw district lines, states should use the number of eligible voters. Apart from the fact that we know population numbers fairly precisely because of the census, and we have no such precision regarding eligible voters, that would exclude huge swaths of the public. You might immediately think of undocumented immigrants, but counting only eligible voters would also mean excluding people with green cards on their way to citizenship, children, and those who have had their voting rights taken away because of a criminal conviction. In practice, drawing districts this way would almost inevitably mean taking power away from urban areas more likely to vote Democratic and sending power to rural areas more likely to vote Republican. Which was of course the whole point.
This case was a real long shot from the beginning, as you might gather from the fact that the conservative activists who filed it were suing the state of Texas, which is controlled by Republicans and is not exactly enthusiastic about ensuring everyone’s voting rights (the state’s incredibly restrictive voter ID law is still working its way through the courts). The problem they ran into came from the fact that the lawsuit alleged not that a state may draw districts based on the number of eligible voters and not the population, but that it must draw districts that way. That was the only way for them to file the suit, since they were trying to force Texas to change how it was drawing districts.
Since Texas had chosen to use population, just as every other state does and always has, in order to force a change the plaintiffs wanted that method declared unconstitutional. If they had prevailed, that could have meant that every state legislative district in the country would have had to be redrawn. As Ruth Bader Ginsburg wrote in the ruling, “As the Framers of the Constitution and the Fourteenth Amendment comprehended, representatives serve all residents, not just those eligible or registered to vote.”
About the legal audacity I mentioned before: As unlikely as this case may have been to succeed, it’s another reminder of how legally aggressive the right has been lately. Again and again, whether it’s about voting rights or the Affordable Care Act or some other issue, they’ve come up with some novel legal theory that at first gets dismissed as completely absurd, then begins to sound mainstream as conservatives see an opportunity to gain a victory and rally around it. Even if they ultimately lose in court, the controversy can open up new legal and political avenues that hadn’t been evident before.
They lost today, and if you get Samuel Alito and Clarence Thomas to agree with Ruth Bader Ginsburg and Sonia Sotomayor that your claim is bogus, you know you’ve gone pretty far. But this case leaves an open question, which is whether a state can switch to an eligible-voter count in order to draw its districts if it chooses. No state has chosen to do that, but don’t be surprised if now that the issue has gotten some attention, conservative Republican legislators in deep-red states — particularly those with large numbers of Latino immigrants — start proposing it. I’d keep my eye on Texas.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, April 4, 2016
“A Subject They’ve Avoided So Far”: Dear Anderson Cooper: Make The Candidates Talk About Voting Rights
Dear Anderson Cooper,
As you prepare to moderate the coming Republican town hall, there is one subject that has not been discussed in a single Republican debate—voting rights. You have an opportunity to be the FIRST debate moderator to seek their views on the future of the Voting Rights Act and the problem of voter suppression—critical issues in this election year.
First a bit of history. For decades, Republicans were proud to be known as “the party of Lincoln” and many played a key role in creating and then later defending the historic 1965 Voting Rights Act. The original act was written in the office of Republican Minority Leader Senator Everett Dirksen, who joined with President Lyndon Johnson’s lawyers to craft a bill that would win bipartisan support. They were successful: 92 percent of Senate Republicans supported the passage of the act, a number greater than Senate Democrats (73 percent, the disparity explained by Southern segregationists who were still Democrats).
When the act’s temporary provisions came up for renewal in 1970, 1975, 1982, and 2006, Republican Presidents Nixon, Ford, Reagan, and George W. Bush signed the bill into law, despite the fact that each now courted former Southern Democrats who had joined the Republican Party because of the 1960s Civil Rights and Voting Rights Acts. The Voting Rights Act had liberated African Americans, especially in the South, from the legal constraints that had prevented them from voting, and members of the House and Senate, including Republicans, sought their votes. Congress overwhelmingly supported passage of the act each time it came up for a vote. In 2006, every member of the U.S. Senate voted for it.
The Voting Rights Act helped elect our first African-American president in 2008 and the minority coalition President Obama built persuaded Republicans that the only way they could win the presidency was through voter suppression. Following the Republican congressional victory in 2010 (Republicans now controlled both legislative bodies in 26 states, and 26 governorships), Republican legislatures passed and governors enacted a series of laws designed to make voting more difficult for Obama’s constituency—minorities, especially the growing Hispanic community; the poor; students; and the elderly or handicapped. These included the creation of voter photo ID laws, measures affecting registration and early voting, and, in Iowa and Florida, laws to prevent ex-felons from exercising their franchise. Democrats were stunned. “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens in voting, the determined effort to limit the franchise that we see today,” said former President Bill Clinton in July 2011. Then, in 2013, the Supreme Court’s conservative majority struck down a crucial provision of the Voting Rights Act, weakening it severely. Once again the voting rights of American minorities were in peril and they remain so today.
A bipartisan group in the House has drafted a new Voting Rights Act, but Rep. Bob Goodlatte (R-Va.), chair of the House Judiciary Committee, believes the bill is unnecessary. House Speaker Paul Ryan, although a supporter of the legislation, refuses to force Goodlatte to hold hearings.
So much for history. How do today’s current Republican presidential contenders stand on the issue of voter suppression?
Donald Trump apparently has no position on the issue. He’s said nothing about it during the nine previous debates, although in fairness, not a single moderator has sought his views. His website—donaldjtrump.com—describes his positions on U.S.-China Trade reform; Veterans Administration reforms; tax reform; Second Amendment rights; and immigration reform. But it is silent on voting rights. You might ask him what he thinks.
Despite Ohio Gov. John Kasich’s pleasant demeanor, he is no friend of voting rights. As governor, he enacted the law that significantly limited opportunities for early voting and abolished same-day voter registration. Each had made it easier for all Ohioans to vote.
Jeb Bush has a questionable record on voting rights. In 2000 the then-governor of Florida helped to elect his brother president by purging 12,000 Floridians from the voting rolls when they were mistakenly designated felons and denied the right to vote. Later, authentic ex-felons had to seek the governor’s permission to again cast their votes and while almost 400,000 submitted applications during Bush’s governorship, only one-fifth won the right to vote again. When CNN’s Eugene Scott asked Bush in October 2015 if he supported a reauthorization of the Voting Rights Act, Bush replied that since “access to voting” had improved “dramatica[lly],” he would not support restoring the act.
The other Floridian in the race, Sen. Marco Rubio, believes that his constituents should not be allowed to vote in federal elections without first showing a government-issued voter ID, although evidence of voter fraud has been shown to be almost nonexistent. The senator has also opposed early voting and allowing nonviolent ex-felons to again have the right to vote.
Texas Sen. Ted Cruz’s website (tedcruz.org) offers a litany of his achievements—protecting the Ten Commandments, the Cross, the Pledge of Allegiance, and the Second Amendment—and provides a chance to “Get Cruz Gear:” cups, glasses, cell phone covers, caps, and sweatshirts bearing the campaign logo. But the website is silent on voting rights. Nevertheless, Cruz’s various public statements make it clear that he is rabidly opposed to making it easier for Texans to vote. He is a fierce supporter of Texas’s voting rights programs, which The Nation’s Ari Berman calls “the strictest in the country.” They include an official photo ID (a concealed handgun license is acceptable but not a student ID). The ACLU’s Voting Right’s Project found that approximately 600,000 Texans, predominately minorities and the poor, lack the documents needed to vote, documents which are too expensive or time consuming to acquire. For many Texans, going to the polls is no longer a practical option and they have chosen not to vote. It is tragic that such programs are supported by a Canadian-born son of a Cuban immigrant.
Finally, there is retired neurosurgeon Ben Carson. He often urges us to visit his website, bencarson.com, where he promises to lay out his detailed proposals. A visit there finds his views on cyber security, education, energy, foreign policy/national defense, government reform, health care, immigration, and more. But nothing on voting rights. That’s a bit strange because he has publicly mentioned the Voting Rights Act. To CNN’s Wolf Blitzer, he said: “Of course I want the Voting Rights Act to be protected. Whether we still need it or not, or whether we’ve outgrown the need for it is questionable. Maybe we have, maybe we haven’t. But I wouldn’t jeopardize it.” He might be asked for a more definitive view.
Four of the candidates—Kasich, Bush, Rubio, and Cruz—clearly favor policies that make it harder, not easier, for African Americans, Hispanics, students, and the poor to vote. Trump is uncharacteristically silent while Carson is equivocal. Are Republicans still the party of Lincoln, or even Everett McKinley Dirksen? Forcing them to discuss their views on voting rights will be a first. Go for it!
Good luck.
By: Gary May, The Daily Beast, February 17, 2016
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