“Just So We’re Clear”: Our Failure to Stop You from Voting Means We Weren’t Trying to Stop You from Voting
North Carolina recently passed what can only be described as an omnibus voter suppression law, including a whole range of provisions from demanding photo IDs to cutting back early voting to restricting registration drives, every single one of which is likely to make it harder for minorities, poor people, and/or young people to register and vote. It’s not just the Tar Heel state—across the South, states that have been freed by the Supreme Court from their prior obligation under the Voting Rights Act to get permission from the Justice Department before changing their voting laws are moving with all deliberate speed to make voting as difficult as possible. Since these are Republican states, these laws are going to pass (some have already), and I think it’s worth addressing what is fast becoming the main argument Republicans use to defend them.
They’ve always said that their only intent was to ensure the “integrity” of elections and protect against voter impersonation, a virtually nonexistent problem. But they recently realized that they’ve got a new, and seemingly compelling, piece of evidence they can muster against charges of voter suppression. Many voter-ID laws were passed over the last few years (the Supreme Court upheld voter ID in 2008), and as Republicans will tell you (see for example here or here), turnout among blacks hasn’t declined, and in some cases has gone up. Blacks even turned out at a slightly higher rate than whites overall in the 2012 election. As Rand Paul recently said, “I don’t think there is objective evidence that we’re precluding African-Americans from voting any longer.”
So what’s wrong with this argument? The voter suppression efforts have been largely unsuccessful because civil rights groups and Democrats have responded to them by redoubling their efforts to get people to the polls. The backlash has essentially brought turnout among African Americans back up to what it would have been without the voter-ID laws, even though in practice, it meant that some people who would have otherwise voted were prevented from doing so, while other people who might have stayed home managed to get to the polls.
So what Republicans are essentially saying is, we’re trying to suppress the votes of black people, but we aren’t succeeding, so how can you criticize us? It’s like me slashing your tires on Saturday, then when you go out and buy four new ones and get them installed in time for Monday morning, I say, “You got to work on time, didn’t you? So that just shows I wasn’t trying to do you any harm.”
The “voter fraud” rationale has been incredibly disingenuous from the beginning, but for me the real tell is the limitations on early voting that often end up being part of these laws. You can argue that everyone should have to prove who they are before casting a ballot. But restricting early voting can have only one purpose, and that’s making it more difficult for people to vote, especially those who happen to take advantage of early voting. And who might that be? You’ll never guess. The Republicans pushing these laws always make sure to eliminate early voting on the Sunday before election day, because that’s when many black churches have historically done “souls to the polls” drives, where people head to the voting locations after church.
So the next time you hear someone say that high turnout among African Americans proves that voter ID isn’t about suppressing votes, remember that they’re trying to use their failure to successfully keep black, poor, and young people from voting to explain away their obvious intent to keep black, poor, and young people from voting. If you put obstacles in my path to screw me, and then I manage with an extraordinary effort to evade them, it doesn’t mean you weren’t trying to screw me in the first place.
By: Paul Waldman, Contributing Editor, The American Prospect, August 15, 2013
“Suppressing The Vote”: For The GOP, “Integrity Of The Ballot” Is A Deceptive Myth
Now that the U.S. Supreme Court’s hyper-conservative faction has neutered the Voting Rights Act, Republican officials around the country have re-energized their campaign to block citizens of color from voting.
Florida Gov. Rick Scott surprised no one last week when he announced that he would resume a controversial and clearly partisan purge of the voting rolls, supposedly to clear them of non-citizens. Nor is there any shock in the decisions by officials in Texas, Alabama and Mississippi to proceed with harsh new voter ID laws.
While Republicans contend the new laws and purges are necessary to protect the integrity of the ballot, that stale defense no longer merits extensive debate. It’s obvious that GOP activists have but one purpose in changing laws that affect voting and registration: putting up obstacles that might suppress the franchise among voters who usually support Democrats.
Actually, a few have admitted as much. Last year, Republican Mike Turzai, House majority leader in the Pennsylvania legislature, bragged about the passage of a strict new voter ID law, claiming it would “allow Gov. Romney to win the state of Pennsylvania.” Though Romney lost Pennsylvania on his way to overall defeat, the state’s GOP chairman still said earlier this year that voter ID “probably helped a bit” in cutting President Obama’s margin of victory from 2008.
A similar admission came from Republican campaign consultant Scott Tranter when he spoke at a post-election analysis hosted last December by the Pew Center on the States. He dismissed the idea of bipartisan cooperation to eliminate the long lines and other dismal conditions that had plagued voting in many areas.
“… At the end of the day, a lot of us are campaign professionals and we want to do everything we can to help our sides. Sometimes we think that’s voter ID, sometimes we think that’s longer lines, whatever it may be,” Tranter said.
Not that you needed those admissions to know that the GOP-led campaign to “protect the integrity of the ballot” is phony, the 21st-century version of the poll tax. Remember when Alan Wilson, South Carolina’s Republican attorney general, claimed last year that hundreds of dead people had voted in his state?
Ah, never happened. As you might expect, zombies have little interest in electoral politics. State authorities investigated and found no — zip, zero, zilch — zombie voters there.
Wilson made his claims in defense of a strict new voter ID law, one of the GOP’s more popular methods for suppressing the franchise. Supposedly, the requirement for showing state-sponsored identification, such as a driver’s license, would prohibit not only the dead but also other unworthies who claim to be legitimate voters. There is just one problem with that theory: Voter impersonation is virtually non-existent.
But voter ID laws do serve the purpose for which they are actually intended. They pose an obstacle for thousands of elderly and poor Americans who lack driver’s licenses, most of whom tend to support Democrats.
Florida, where Scott is proceeding with his purge, is a particularly interesting case. According to Florida Democratic strategist Steve Schale, the state has gained 1.5 million registered voters since 2006. Of those, 61 percent are blacks or Latinos, both strong constituencies for the Democratic Party. It’s no wonder, then, that Florida Republicans have worked so hard to block the franchise among those voters.
You may have noticed, though, that voter suppression hasn’t helped the GOP win presidential elections in the last two cycles. Indeed, their tactics may have given Obama the winning edge in Florida in 2012: Black voters were so angered by obvious attempts to discourage them from voting that they turned out in huge numbers, enduring long lines.
Given that reality, some conservatives believe the GOP should give up its emphasis on blocking the ballot. As The New York Times‘ Ross Douthat has written: “the GOP is … sending a message to African-Americans that their suspicions about conservatism are basically correct, and that rather than actually doing outreach to blacks, the right would rather not have them vote at all.”
Indeed, there is no reason for black voters to believe anything else.
By: Cynthia Tucker, The National Memo, August 11, 2013
“We Already Know What We Need”: Why Haven’t We Fixed Our Crummy Voting System Yet?
“We gotta fix that,” the president said in his victory speech last November, following his reelection. The “that” in need of fixing was our broken and unequal election system. And we all agreed. There should be fixing. So why hasn’t there been any yet?
As you may recall, one subplot in the national telenovela that was the last presidential election involved the very purposeful attempted disenfranchisement, by Republican state legislators and officials, of certain key Democratic voters, which is to say poor and black people. This took many forms, from poorly drawn-up supposed lists of felons to be thrown off the voter rolls to the legal harassment of groups engaged in voter registration, but the most common tool was the voter ID law. On Election Day, while most black Americans managed to have their votes counted, the pictures told a distressing story across the country: In neighborhoods made up primarily of minorities, people waited hours to vote. In white neighborhoods the process was quick and easy.
There are plenty of working Americans who would lose their jobs if they spent hours of a weekday waiting in line to vote. They likely did not vote. This is a crummy way to run a national election.
The president’s solution was a commission. A bipartisan commission. The commission has a nice website. It seemed to not do anything at all for a few months but now they have held some public meetings. Eventually — this fall, I think? — the commission will deliver a report.
So the Democratic response, then, is a bipartisan commission that will release a report. Republicans at the state level, meanwhile, have been pretty busy getting things done to make voting more difficult. More restrictive voting laws have already gone into effect in multiple states. More laws are on the way in Wisconsin and North Carolina.
Here’s a neat tidbit: There already was a national bipartisan election commission. It was supposed to be a permanent one, established by the Help America Vote act, the Republican Party’s mostly useless response to the tremendous disaster that was the 2000 presidential election. It is called the Election Assistance Commission. There are supposed to be four members, appointed by both parties. What is this commission up to right now? Oh, you know, just being obstructed by Republicans who really hate voting. They refuse to nominate anyone. The House has voted to eliminate the commission.
The president’s plan seems to be to get electoral reform by creating a flawlessly bipartisan list of policies that barely have his fingerprint on them. That plan falls apart, though, when you remember that Republicans just don’t want voting to be easier, and they will not be convinced by Mitt Romney’s lawyer that it is in the party’s interest to make voting easier.
The House GOP is a nightmare, but a better approach would’ve probably involved horsetrading, rather than high-minded bipartisan appeals. Voter ID laws would be fine, actually, if the United States had a free and automatically issued national ID of some sort. We do not have such a thing, because I guess it makes some people frightened of tyranny? Still, that could’ve been part of a deal: One side accepts state voter ID laws, on the condition that acceptable state-issued ID is provided easily, and for free. There is already a long checklist of things reformers want fixed about our elections. Another commission is going to recommend things we already know we should be doing. We don’t need “innovation,” we need more access and fewer obstacles. There ought to be a commission on how to pass what we already know we need.
By: Alex Pareene, Salon, August 9, 2012
“The New GOP Confederacy”: The US Civil War Is Playing Out Again
Nearly 150 years after the end of the US civil war, the South and the federal government are poised for a rematch over the voting rights of black Americans, and ultimately over the fundamental rights of all Americans. Once again, the former Confederate states are determined to defend their traditions and way of life, while the Union forces in the North – the federal government – are positioning themselves to defend justice and equality.
But this time, in an ironic twist, two black men – President Barack Obama and Attorney General Eric Holder – are leading the charge.
In the 1860s, the fight between the North and the South was about slavery and the right of the Confederate states to maintain a dreaded institution that kept people of African descent in bondage. Unprecedented carnage resulted.
A century later – in light of the 1954 US supreme court decision in Brown v Board of Education of Topeka, which ended racial segregation in public schools – the South struggled to maintain a Jim Crow system that kept black people legally and politically impotent, all in the name of states’ rights.
Two hallmarks of the civil rights movement are the Civil Rights Act of 1964 and Voting Rights Act of 1965. Passed by Congress and signed into law by President Lyndon Johnson, the legislative victories were achieved only through the blood of civil rights workers, both black and white, who were beaten, sprayed with fire hoses, shot, firebombed, bitten by police dogs and lynched.
The purpose of the Voting Rights Act was to apply a nationwide ban against discriminatory election practices such as literacy tests. The existing anti-discrimination laws, Congress concluded, were insufficient to overcome the Southern states’ resistance to the Fifteenth Amendment.
In June 2013, the nation’s high court cut the voting law at its knees in Shelby County v Holder when it eviscerated the key component of the act – the section 4 preclearance requirement – which determined which states must receive approval from a federal court or the Justice Department before making changes to their voting procedures. The act applied to nine states – Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia – and various other localities and counties across the country.
In the second decade of the 21st century, the latest battle centers around southern states with a history of voting rights violations, and currently exhibit the most anti-black, racist sentiment. These states want to employ restrictive and racially discriminatory voter suppression methods such as voter ID. This time, the Republican party has replaced the Dixiecrats as the party of white supremacy and the old Confederacy, of racial discrimination and voter suppression. And Holder has decided to make an example of Texas, firing the first shot at the Lone Star state.
Within 24 hours of the high court decision, five states – Alabama, Mississippi, South Carolina, Texas and Virginia – decided to move forward with their voter ID laws. They required preclearance under section 4, which no longer exists. Moreover, Holder and a federal court had already blocked the South Carolina and Texas voter ID laws because they violated the Voting Rights Act.
Florida has resumed its purge of Hispanic voters following the supreme court decision, and after a federal court lifted a ban on removing potential non-US citizens from the rolls. North Carolina Governor Pat McCrory is about to sign into law the nation’s most restrictive voter suppression measure, though, he admits he has not read the provision prohibiting 16- and 17-year-olds from pre-registering to vote. The law also eliminates same-day registration, cuts early voting by a week and requires government-issued ID to vote. According to the North Carolina secretary of state, voter ID laws are having a disproportionate impact on Democratic voters and voters of color.
SB 14, the Texas voter ID law considered the most severe in the US at present, requires Texans to prove their citizenship and state residency in order to vote, using a passport, military ID or birth certificate if they lack a driver’s license, concealed handgun license or photo ID. In 2012, a federal court struck down the Texas law on the grounds that:
The implicit costs of obtaining SB 14-qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty. … We therefore conclude that SB 14 is likely to lead to ‘retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.’
Yet, in light of the Shelby County decision, the Supreme Court discarded the lower court’s Texas voter ID ruling, and threw out a ruling that found Texas’ state redistricting maps were “enacted with discriminatory purpose” and diluted the Latino vote. Although Latinos made up nearly 40% of the Texas population in the 2010 census and accounted for 65% of the growth in the state population, Texas Republicans essentially pretended Texas is a white state. The GOP kept Latinos and black voters out of the redistricting process, added only one minority district, and manipulated an electoral map “that would look Hispanic, but perform for Anglos”.
In addition, the court found that 603,892 to 795,955 Latino voters in Texas lacked voter identification – as Texas Republicans had intended. Student IDs are not adequate identification at the polls, but gun permits are acceptable, reflected a preference for Republican constituents.
Holder announced he would ask a federal court to force the state to continue to receive permission to make changes to its voting laws. The Justice Department has requested that a federal court impose an additional 10 years of preclearance.
Governor Rick Perry said in a statement:
This end run around the supreme court undermines the will of the people of Texas, and casts unfair aspersions on our state’s common-sense efforts to preserve the integrity of our elections process.
Greg Abbott, the Texas state attorney general, accused Holder of “sowing racial divide” and tweeted “I’ll fight #Obama’s effort to control our elections & I’ll fight against cheating at ballot box.” Conservative proponents of voter ID measures invoke the specter of voter fraud and the need to protect the integrity of elections as justifications for the legislation. However, voter fraud is exceedingly rare, and about as infrequent as death by lightning strikes, according to the Brennan Center for Justice at New York University School of Law.
Rather, white southern Republicans enact voter ID laws because they do not want Democratic constituencies to vote, particularly people of color. Rather than embrace the changing demographics in the US and adopt platforms to address the needs and concerns of voters of color, Republicans have chosen to eschew these voters and wage an assault on civil rights, immigration and policies of diversity and inclusion. This is the endgame for the Republican Southern Strategy of race card politics. The GOP was able to win elections on the margins by appealing to the racial insecurities of disaffected working class whites. In the process, southern whites fled the Democratic party, and the GOP became the party of the white South. Now, this marginalized base of angry white voters is all that is left of the Republican strategy and of the GOP as well, so Republicans must remove the segments of the electorate that will not vote for them.
Last year, President Bill Clinton said:
Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants? … This is not complicated – America is becoming more diverse and younger and more vibrant. We’re younger than Europe, we’re younger than Japan and in 20 years, we’ll be younger than China.
In the South, dramatic Latino population growth has the potential to realign politics. The Obama administration’s decision to attack the war on voting rights, starting with Texas, is a wise move that will energize his diverse coalition of supporters. The Lone Star state – a red state, yet a majority-minority state – represents the future of the US. More than 55% of Texans are minorities, and only 30% of children under 5 in Texas are non-Hispanic whites. Demographic realities will one day betray GOP racial gerrymandering tactics, inevitably making way for a blue state.
Meanwhile, July marked the 150th anniversary of the Second Battle of Fort Wagner in Charleston Harbor, South Carolina. The Union army – led by black troops from the 54th Massachusetts regiment – failed to retake the fort, and the Confederate army won the battle.
But ultimately, two years later, the Union army won the war.
By: David A. Love, The Guardian, August 2, 2013
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